90
Paraguay did not have an institution with the capacity to accommodate all the
juveniles in conflict with the law at the Center. Because resources were
lacking, the competent authorities ordered the inmates’ transferred to various
prison facilities.
Considerations of the Court
144. Given the particularities of the instant case, the Court believes it would be
appropriate to examine jointly the question of the right to life and the right to
humane treatment of the inmates, adults and children deprived of their liberty at the
Center between August 14, 1996 and July 25, 2001, and of the two children
transferred from the Center to the Emboscada Regional Penitentiary.
145.
Article 4(1) of the American Convention provides that:
Every person has the right to have his life respected. This right shall be protected by law
and, in general, from the moment of conception. No one shall be arbitrarily deprived of
his life.
146.
The pertinent part of Article 5 reads as follows:
1.
Every person has the right to have his physical, mental, and moral integrity
respected.
2.
No one shall be subjected to torture or to cruel, inhuman, or degrading
punishment or treatment. All persons deprived of their liberty shall be treated regarding
for the inherent dignity of the human person.
[…]
4.
Accused persons shall, save in exceptional circumstances, be segregated from
convicted persons, and shall be subject to separate treatment appropriate to their status
as unconvicted persons.
5.
Minors while subject to criminal proceedings shall be separated from adults and
brought before specialized tribunals, as speedily as possible, so that they may be
treated in accordance with their status as minors.
6.
Punishments consisting of deprivation of liberty shall have as an essential aim
the reform and social readaptation of the prisoners.
147. The Court must point out that in the instant case, the alleged victims of a
significant number of the violations being claimed are children who, like the adults,
“have the same rights as all human beings [...] and also special rights derived from
their condition, and these are accompanied by specific duties of the family, society,
and the State.”150 This is the requirement under Article 19 of the American
Convention, which provides that “Every 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.” This provision must be construed as an added right which the Convention
150
Juridical Condition and Human Rights of the Child. Advisory Opinion OC-17/02 of August 28,
2002. Series A No. 17, para. 54.
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