required.” The State maintained that it had provided “integral care” to the children and
was therefore not responsible for the alleged violation of Article 19 of the Convention.
257. The Court recalls that children possess the same rights as all human beings and
have, in addition, special rights derived from their situation, that correspond to specific
obligations of the family, society and the State.286 The prevalence of the best interest
of the child should be understood as the need to satisfy all the rights of the child,
which obliges the State and has effects on the interpretation of all the other rights
established in the Convention when the case refers to minors.287 In addition, the State
must pay special attention to the needs and the rights of children, owing to their
special situation of vulnerability.288
258. This Court has established that the provision of education and health care for
children involves different measures of protection and constitutes the fundamental
pillars that guarantee the enjoyment of a decent existence for children who, owing to
their situation, are often without adequate means to defend their rights effectively.289
259. In this case, the Court reiterates its previous considerations regarding the
access to water, food, health care and education of the members of the Community
(supra paras. 194 to 213). In addition, it observes that that the proven situation of
extreme vulnerability affected the children in particular. As previously mentioned, the
lack of adequate nutrition has affected the development and growth of the children,
has increased the normal rates of atrophy in their growth, and has resulted in high
rates of malnutrition among them (supra para. 201). In addition, the evidence
provided reveals that, in 2007, the children of the Community “either did not receive
all their vaccinations, or were not vaccinated according to international standards, or
did not have any certification of the vaccinations received.”290
260. It is also a matter of concern that 11 of the 13 members of the Community
whose death is attributable to the State (supra para. 234) were children. Moreover, the
Court notes that the causes of those deaths could have been prevented with adequate
medical care or assistance from the State. Hence, it is difficult to consider that the
State has taken the special protective measures due to the children of the Community.
261. Regarding the cultural identity of the children of indigenous communities, the
Court notes that Article 30 of the Convention on the Rights of the Child291 establishes
an additional and complementary obligation that gives content to Article 19 of the
286
Cf. Juridical Condition and Human Rights of the Child. Advisory Opinion OC-17/02 of August 28,
2002. Series to No. 17, para. 54; Case of the “Dos Erres” Massacre v. Guatemala, supra note 12, para. 184,
and Case of Chitay Nech et al. v. Guatemala, supra note 8, para. 156.
287
Cf. Juridical Condition and Human Rights of the Child. Advisory Opinion OC-17/02, supra note 286,
paras. 56, 57 and 60; Case of the “Dos Erres” Massacre v. Guatemala, supra note 12, para. 184, and Case of
González et al. (“Cotton Field”) v. Mexico, supra note 14, para. 408.
288
Case of the “Dos Erres” Massacre v. Guatemala, supra note 12, para. 184, and Case of Chitay Nech
et al. v. Guatemala, supra note 8, para. 164.
289
Cf. Juridical Condition and Human Rights of the Child. Advisory Opinion OC-17/02, supra note 286,
para. 86.
290
Cf. Health evaluation in four Enxet Communities, supra note 218, folio 2643.
291
Convention on the Rights of the Child, General Assembly res. 44/25, attachment 44, U.N. GAOR
Supp. (No. 49) p. 167, UN Doc. A/44/49 (1989), entry into force September 2, 1990. The State of Paraguay
signed this Convention on April 4, 1990, and ratified it on September 25, 1990. Article 30 stipulates:
In those States in which ethnic, religious, or linguistic minorities or persons of indigenous
origin exist, a child belonging to such a minority or who is indigenous shall not be denied
the right, in community with other members of his or her group, to enjoy his or her own
culture, to profess and practice his or her own religion, or to use his or her own language.
60
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