State did not take the positive measures required to ensure the due protection and integrity of
the displaced families, whose members were split up or separated.
326. Nevertheless, neither the Commission nor the representatives presented sufficient
information to determine the specific characteristics of the families within the community life of
the Afro-descendant communities of the Cacarica. Thus, although they provided some
information on the displacement conditions, when indicating that these communities had a
communal lifestyle, the Commission and the representatives failed to explain or provide
grounds for the specific ways in which the members of these communities exercised their rights
of the family or, consequently, the specific harm that the events caused. Therefore, the Court
has insufficient evidence to analyze the facts under Article 17 of the Convention.
B.3. Rights of children and adolescents
327. The Court has established that the alleged violations of other articles of the Convention
of which children are presumed victims must be interpreted in light of the corpus iuris of the
rights of the child. This means that in addition to granting special protection to the rights
recognized in the American Convention, Article 19 establishes an obligation of the State to
respect and to ensure the rights recognized to children in other applicable international
instruments.574 It should be recalled that the Court has indicated that “the special vulnerability
owing to their condition as children is even more evident in a situation of internal armed
conflict, […] because they are the least prepared to adapt or respond to this situation and,
sadly, it is they who suffer its excesses disproportionately”;575 hence, in this context, adequate
attention must be provided to them and the appropriate measures taken to facilitate the
reunification of families that have been temporarily separated.576
328. In addition, any decision of the State, society or the family that entails a limitation to the
exercise of any right of a child must take into account the principle of the best interests of the
child and be rigorously in keeping with the provisions that regulate this matter.577 This
regulating principle of the normative on the rights of the child is based on the dignity of the
human being, on the inherent characteristics of children, and on the need to foster their
development taking full advantage of their potential. Similarly, it should be noted that, in order
to ensure, to the fullest extent possible, the prevalence of the best interests of the child, the
preamble to the Convention on the Rights of the Child establishes that the child requires
“special safeguards and care,” and Article 19 of the American Convention indicates that the
child must receive special “measures of protection.”578 Hence, it is necessary to assess not only
the requirement of special measures, but also the particular characteristics of the situation in
which the child finds himself.579
329. Regarding the conditions at the displacement sites, the Court has been able to verify that
the State carried out a series of actions designed to provide assistance to the communities once
they returned to the Cacarica region (supra para. 127). In particular, the State provided
574
Cf. Case of Gelman v. Uruguay, para. 121, and Case of Forneron and daughter v. Argentina. Merits, reparations
and costs. Judgment of April 27, 2012. Series C No. 242, para. 44.
575
Case of the Mapiripán Massacre v. Colombia. Merits, and reparations, para. 156, and Case of the Santo
Domingo Massacre v. Colombia. Preliminary objections, merits and reparations, para. 239.
576
Cf. Case of the Santo Domingo Massacre v. Colombia. Preliminary objections, merits and reparations, para.
238.
577
Cf. Juridical Status and Human Rights of the Child. Advisory Opinion OC-17/02, para. 65, and Case of Forneron
and daughter v. Argentina, para. 48.
578
Cf. Juridical Status and Human Rights of the Child. Advisory Opinion OC-17/02, para. 60, and Case of Atala
Riffo and daughters v. Chile. Merits, reparations and costs, para. 108.
579
Cf. Juridical Status and Human Rights of the Child. Advisory Opinion OC-17/02, para. 61, and Case of Furlán
and family members v. Argentina, para. 126.
109
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