96 allegations of a) physical, psychological or moral violence exacerbating the conditions under which the inmates were held, [and] b) the threat to the personal safety of the juveniles interned [at the Center] ha[d] been proved.” 171. These facts, attributable to the State, constitute a violation of Article 5 of the American Convention, to the detriment of all the inmates interned at the Center. * * * 172. The Court must now establish whether, in the case of the children interned at the Center, the State fulfilled the added obligations it has under Articles 4, 5 and 19 of the American Convention, based on the existing international corpus juris regarding the special protection that children require. One such obligation is provided for in Article 5(5) of the American Convention, whereby States are required to keep minors subject to criminal proceedings separated from adults. And, as previously noted (supra para. 161), another obligation of the State is to provide children deprived of their liberty with special periodic health care and education programs. These obligations follow from a proper interpretation of Article 4 of the Convention, in combination with the pertinent provisions of the Convention on the Rights of the Child and Article 13 of the Additional Protocol to the American Convention in the Area of Economic, Social and Cultural Rights, which Paraguay ratified on June 3, 1997 and which entered into force on November 16, 1999. Such measures are of fundamental importance inasmuch as the children are at a critical stage in their physical, mental, spiritual, moral, psychological and social development that will impact, in one way or another, their life plan. 173. In the instant case it has been shown (supra paragraphs 134.6 and 134.7) that the children interned in the Center did not even have the proper health care that any person deprived of his or her liberty must have, and were thus denied the regular medical supervision that would ensure the children’s normal growth and development so essential to their future. 174. It has also been proven that the State did not provide the children interned at the Center with the education they needed and that the State was required to provide as part of its obligation to protect the right to life, in the sense previously explained, and as required under Article 13 of the Additional Protocol to the American Convention in the Area of Economic, Social and Cultural Rights. The education program offered at the Center was unsatisfactory, as it did not have adequate resources and teachers (supra para. 134.12). The State’s failure to fulfill its obligation in this regard has all the more serious consequences when the children deprived of liberty are from marginal sectors of society, as is true in the instant case, because the failure to provide an adequate education limits their chances of actually rejoining society and carrying forward their life plans. 175. As for compliance with Article 5(5) of the Convention, it has been established (supra para. 134.16) that on a number of occasions, children were transferred to adult prisons either as a form of punishment or because of overcrowding at the Center, and that at those adult penal institutions the children shared physical space with adults. This exposed the children to conditions highly prejudicial to their development and made them vulnerable to others who, as adults, could prey upon them.

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