94 161. Articles 6 and 27 of the Convention on the Rights of the Child include within the right to life the State’s obligation to “ensure to the maximum extent possible the survival and development of the child.” The Committee on the Rights of the Child has interpreted the word “development” in its broadest sense as a holistic concept, embracing the child’s physical, mental, spiritual, moral, psychological and social development.165 Regarding to children deprived of their liberty and thus in the custody of the State, the latter’s obligations include that of providing them with health care and education, so as to ensure to them that their detention will not destroy their life plans.166 The United Nations Rules for the Protection of Juveniles Deprived of Their Liberty 167 provide that: 13. Juveniles deprived of their liberty shall not for any reason related to their status be denied the civil, economic, political, social or cultural rights to which they are entitled under national or international law, and which are compatible with the deprivation of liberty. 162. In the case of the right to humane treatment of a child deprived of his or her liberty, the State’s obligations are intimately related to quality of life. The standard applied to classify treatment or punishment as cruel, inhuman or degrading must be higher in the case of children.168 163. In keeping with the foregoing, the United Nations’ Standard Minimum Rules for the Administration of Juvenile Justice (Beijing Rules) provide that: Juveniles in institutions shall receive care, protection and all necessary assistance-social, educational, vocational, psychological, medical and physical-that they may require because of their age, sex, and personality and in the interest of their wholesome development.169 * * * 164. In the instant case, the Court must establish whether the State, in fulfillment of its role of guarantor, took measures to ensure to all inmates at the Center –adults and children alike- the right to live with dignity and thus help them build their life plan, even while incarcerated. 165. In the chapter on facts proven (supra paragraphs 134.3, 134.4 and 134.24) the Court concluded that the Center did not have the proper infrastructure to house the inmates and that the Center was overpopulated, which meant that inmates lived in a state of constant overcrowding. Inmates were confined in squalid cells, with few 165 United Nations Committee on the Rights of the Child, General Comment No. 5, November 27, 2003, para.12. 166 Cf. Juridical Condition and Human Rights of the Child, supra note 150, paragraphs 80-81, 84, and 86-88; Case of the “Street Children” (Villagrán Morales et al.), supra note 152, para. 196; and Rule 13.5 of the Standard Minimum Rules for the Administration of Juvenile Justice (Beijing Rules), adopted by the General Assembly in resolution 40/33 of 28 November 1985. 167 United Nations Rules for the Protection of Juveniles Deprived of Their Liberty, adopted by the General Assembly in resolution 45/113 of 14 December 1990. 168 169 Cf. Case of the Gómez Paquiyauri Brothers, supra note 26, para. 170. Rule 26.2 of the United Nations Standard Minimum Rules for the Administration of Juvenile Justice (Beijing Rules), adopted by the General Assembly in resolution 40/33 of 28 November 1985.

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