42
a)
that effective measures be adopted for the integral protection of street
children and youths to avoid the occurrence of events such as those that have
been denounced.
This implies the adoption of significant reforms of
Guatemalan public policies at the legislative, judicial and administrative level.
Children and youths who live on the streets, as the victims did, have no
possibility of leading a healthy, normal and dignified life, and are stigmatized
as delinquents. Consequently, integral protection should be provided to this
sector of society;
b)
that effective measures be adopted for the total implementation of the
1997 “Plan de Acción a Favor de Niños, Niñas y Jóvenes de la Calle” (Plan of
action for street children) and that the 1996 Children and Youth Code
(Decree78-96) be put into force;
c)
that the State publicly recognize its responsibility for the seriousness
of the facts that occurred and that involved street children, by gestures and
symbols that give national expression to the reparation, such as building an
educational center in memory of the victims. This would be a place offering
free education, which would be accessible to this disadvantaged sector of the
population, and all available resources should be used to attract the attention
of the mass media to this symbolic measure and ensure their involvement.
d)
that the facts be clarified entirely and the authors of the violations
receive appropriate punishment. The State should complete the investigation
of the circumstances that produced the violations, promptly, impartially and
effectively, and determine the individual responsibilities in this case. The
existence of an acquittal due to res judicata, as the result of an irregular
proceeding, cannot be the excuse for preventing those responsible from being
punished; and
e)
that the Court order that the 1979 Minors Code be derogated.
The Commission’s arguments
96.
The Commission indicated that:
a)
it supports the claims of the petitioners with regard to reparations of a
symbolic nature and also that certain aspects of the violations under
discussion and the resulting damage cannot be repaired by compensation.
Bearing in mind the gravity of the violations and the need to restitute the
protection of the rights, particularly the rights of the child and the right to life,
the Commission considers that the guarantees of satisfaction and nonrepetition are an essential component of the required reparations:
b)
it is extremely important to consider the needs and wishes of the
victims and their next of kin when determining the reparations, and therefore
the Commission emphasizes three components of the non-pecuniary
reparations:
b.i)
the State should be ordered to designate a school or
educational center with the names of the victims, as this would be an
important way of attaching importance to their memory and keeping it
alive;
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