104
e)
to date the victims live in fear and in extremely precarious situations.
Despite the duties of the State vis-à-vis this group of women and children,
the families have not attained the dignity and security that they enjoyed
before the massacre and the displacement.
Pleadings of the State
149.
The State did not refer to Article 19 of the American Convention.
Considerations of the Court
150.
Article 19 of the American Convention establishes that
[e]very minor child has the right to the measures of protection required by his condition
as a minor on the part of his family, society, and the state.
151. The representatives argued that the State had abridged Article 19 of the
Convention, which is not part of the acknowledgment by the State. In the instant
case, minors Hugo Fernando and Diego Armando Martínez Contreras were executed
in the massacre and others witnessed it. Furthermore, many of the displaced next of
kin of the victims were children at the time of the facts and when they suffered the
consequences of forced domestic displacement.
152. The Court deems that cases in which the victims of human rights violations
are children are especially grave, as they “also [have] special rights derived from
their condition, and these are accompanied by specific duties of the family, society,
and the State.”213 Article 19 of the American Convention must be understood as a
complementary right established by the treaty for human beings who due to their
physical and emotional development require special protection measures.214 The
principle of their higher interests, based on the very dignity of the human being, on
the characteristics of children themselves, and “on the need to foster their
development, making full use of their potential” applies in this regard.215
153. The content and scope of Article 19 of the American Convention must be
specified, in cases such as the instant one, taking into account the pertinent
provisions of the Convention on the Rights of the Child,216 especially its Articles 6,
37, 38 and 39, and of Protocol II to the Geneva Conventions, as these instruments
and the American Convention are part of a very comprehensive international corpus
juris for protection of children, which the States must respect.217 Together with the
213
See Legal Status and Human Rights of the Child. Advisory Opinion OC-17/02 of August 28, 2002.
Series A No. 17, para. 54. Likewise, Case of the “Juvenile Reeducation Institute”, supra note 4, para. 147.
214
See Case of the “Juvenile Reeducation Institute”, supra note 4, para. 147; Case of the Gómez
Paquiyauri Brothers, supra note 182, para. 164, and Legal Status and Human Rights of the Child, Advisory
Opinion OC-17/02, supra note 213, para. 54.
215
See Legal Status and Human Rights of the Child, Advisory Opinion OC-17/02, supra note 213,
para. 56, and Case of Bulacio, supra note 193, para. 134.
216
217
Ratified by Colombia on January 28, 1991, and which entered into force on February 27, 1991.
See Case of the “Juvenile Reeducation Institute”, supra note 4, para. 148; Case of the Gómez
Paquiyauri Brothers, supra note 182, para. 166; Case of the “Street Children.”(Villagrán Morales et al.),
supra note 190, para. 194, and Legal Status and Human Rights of the Child, Advisory Opinion OC-17/02,
supra note 213, para. 24.
Select target paragraph3
Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents