-68shall encourage and cooperate with the work of humanitarian organizations
engaged in the task of family reunification;
c)
The measures taken by State agents were far from efficient and
tending to reunify the Serrano Cruz sisters with their family; they have not
established any mechanism or body responsible for investigating and
providing information on the whereabouts of the disappeared children to their
next of kin. The State has not acted with due diligence to give the Serrano
Cruz children and their family the possibility of a reunion during or after the
conflict; and
d)
“Far from taking any measure in this regard, [the State] ensured nonreunification through different acts and omissions,” such as creating obstacles
to prevent Ernestina and Erlinda being found and by the way in which it has
carried out the criminal investigation “with a lack of impartiality and
diligence,” or by the refusal to provide information. In this regard, the
representatives indicated expressly that these arguments were related to the
State’s arguments concerning the alleged violation of Articles 8 and 25 of the
Convention.
120. With regard to Article 18 of the Convention, in relation to Article 1(1) thereof,
the representatives stated that:
a)
The right to a name is linked intrinsically to recognition of personal
identity, which also implies belonging to a family and to a community. In this
regard, the Court should use the Convention on the Rights of the Child to
interpret the content of Article 18 of the American Convention;
b)
The right to a name has two dimensions. First, the right of all children
to have a name and be duly registered; failure to respect this right means
that a child would not be recognized by the State or society, and this would
make it possible for the child to be trafficked, abducted or subjected to other
treatment incompatible with the enjoyment of its rights. The second
dimension is the right to preserve identity, including nationality, name and
family relationships pursuant to the law, without unlawful interference;
c)
“The sisters, [Ernestina and Erlinda Serrano Cruz,] disappeared after
they had been separated from their family due to a military operation in their
community by the Salvadoran Army. This violation continues, because it is a
consequence of the disappearance and […] the lack of information on their
whereabouts”;
d)
The positive obligation embodied in Article 18 of the Convention
results from the registration of the children in the corresponding registry
office, which is the State’s express recognition of a child’s identity and its
membership in a family, a society and a culture. Conversely, the negative
obligation refers to the State authorities abstaining from divesting a person of
“the duly registered name that he has already been given, without a
corresponding procedure or proceeding”;
e)
The fact that the Serrano Cruz sisters were registered in the
corresponding registry office does not exclude the possibility that they were
subsequently divested of their real names, for example, by being given up in