complete information on the assistance given to the Peace Communities. 580 Nevertheless, the
Court has also observed that the persons who were at the displacement sites suffered, for at
least three years, from different types of scarcities and violations of their right to integrity (in
terms of conditions of hygiene, and access to health care and essential basic services, among
other elements) (supra para. 118). The Court notes that this lack of attention is especially
serious when those affected are persons in a situation of special vulnerability, such as children.
330. In the instant case, it has not been disputed that, as a result of the facts of the case,
several hundreds of persons from the Cacarica River communities had to displace, among whom
were children,581 while others were born in conditions of displacement. 582 Consequently, the
State is responsible for the violation of the rights of the child, because it failed to take sufficient
positive measures in their favor in a context of greater vulnerability, in particular while they
were far from their ancestral territories, a time during which they were affected by the lack of
access to education and health care, by overcrowding, and a lack of adequate nutrition.
331. The Court considers that the State failed to comply with its obligation to provide special
protection to the children affected by the incursions and the subsequent forced displacements,
because it failed to comply with its special obligation to protect them in the context of a noninternational armed conflict. Therefore, the Court concludes that the State is responsible for the
violation of the rights to personal integrity of the displaced children, as well as of those who
were born in a situation of displacement, recognized in Article 5 of the American Convention, in
relation to Articles 1(1) and 19 of this instrument.
B.4. Other alleged violations
332. Regarding the obligation to guarantee rights without discrimination, the Court has
established that Article 1(1) of the Convention is a general norm the content of which extends
to all the treaty’s provisions and establishes the obligation of the States Parties to respect and
ensure the full and free exercise of the rights and freedoms recognized therein “without any
discrimination.” In other words, whatever its origin or form, any treatment that could be
considered discriminatory in relation to the exercise of any of the rights guaranteed in the
Convention is per se incompatible with it.583 States are obliged to adopt positive measures to
reverse or modify any discriminatory situations that exist in their societies that affect a specific
group of persons. This entails the special obligation of protection that the State must exercise
with regard to actions and practices of third parties who, with its tolerance or acquiescence,
create, maintain or encourage discriminatory situations.584
333. Furthermore, the Court reiterates that while Article 1(1) refers to the general obligation
of the State to respect and ensure, “without any discrimination,” the rights contained in the
American Convention, Article 24 protects the right to “equal protection of the law.”585 Thus,
Article 24 of the American Convention prohibits legal or factual discrimination, not only with
regard to the rights established in this treaty, but also with regard to all the laws enacted by the
580
Cf. Management Report of the Joint Verification Commission of March 2004 (evidence file, folios 4986 and ff.).
581
See Annex II.
582
See Annex III.
583
Cf. Case of Atala Riffo and daughters v. Chile. Merits, reparations and costs, para. 78; Proposed amendments
to the Naturalization Provisions of the Constitution of Costa Rica. Advisory Opinion OC-4/84 of January 19, 1984. Series
A No. 4, para. 53 and Case of the Xákmok Kásek Indigenous Community v. Paraguay. Merits, reparations and costs.
Judgment of August 24, 2010 Series C No. 214, para. 268.
584
Cf. Case of the Xákmok Kásek Indigenous Community v. Paraguay, para. 271, Case of Atala Riffo and
daughters v. Chile. Merits, reparations and costs, para. 80.
585
Cf. Proposed amendments to the Naturalization Provisions of the Constitution of Costa Rica. Advisory Opinion
OC-4/84, paras. 53 and 54, Case of Barbani Duarte et al. v. Uruguay. Merits, reparations and costs, para. 174, and
Case of Atala Riffo and daughters v. Chile. Merits, reparations and costs, para. 82.
110
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