the Convention on the Rights of the Child,226 to which Guatemala has been a party since
June 6, 1990, and which gives content to Article 19 of the American Convention. Also, in
General Comment No. 11, the Committee on the Rights of the Child considered that
“empowerment of indigenous children and the effective exercise of their rights to culture,
religion and language provide an essential foundation of a culturally diverse State,’’227 and
that this right “is an important recognition of the collective traditions and values in
indigenous cultures.”228
144. In previous cases, this Court has held that the development of the child is a holistic
concept that includes the physical, mental, spiritual, moral, psychological and social
development.229 For the full and harmonious development of their personality, indigenous
children, in keeping with their cosmovision, need to grow and develop preferably within
their own natural and cultural environment, because they possess a distinctive identity that
connects them to their land, culture, religion, and language.230
145. In addition, Article 17 of the American Convention recognizes that the family is the
natural and fundamental group of society and is entitled to protection by society and the
State.231 Given the importance of the right to protection of the family, the Court has
established that the State is obliged to encourage the development and strength of the
family unit and that the separation of children from their family constitutes, in certain
circumstances, a violation of their right to a family. Thus, children have the right to live with
their family, which is required to satisfy their material, affective and psychological needs.232
The right of every person to receive protection against arbitrary and illegal interference in
their family is an implicit part of the right to the protection of the family and of the child.233
artistic, recreational and leisure activity.” Cf. Case of Chitay Nech et al. v. Guatemala, supra, para. 167, and Case
of the Xákmok Kásek Indigenous Community. v. Paraguay, supra, para. 261.
225
Article 30 establishes that “[i]n 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 practise his or
her own religion, or to use his or her own language.” The background for this provision can be found in Article 27
of the International Covenant on Civil and Political Rights adopted by the General Assembly by Resolution 2200 A
(XXI), 16 December 1966, which recognizes this right to minority groups, without mentioning indigenous peoples
explicitly. Article 27 stipulates: “[i]n those States in which ethnic, religious or linguistic minorities exist, persons
belonging to such minorities shall not be denied the right, in community with the other members of their group, to
enjoy their own culture, to profess and practise their own religion, or to use their own language.”
226
Convention on the Rights of the Child, General Assembly Resolution 44/25, annex, 44 U.N. GAOR Supp.
(No. 49), p. 167, U.N. Doc. A/44/49 (1989), entry into force 2 September 1990.
227
U.N.. Committee on the Rights of the Child. General Comment No. 11. Indigenous children and their rights
under the Convention, 12 February 2009, para. 82.
228
Cf. U.N.. Committee on the Rights of the Child. General Comment No. 11. Indigenous children and their
rights under the Convention, 12 February 2009, para. 16. See also, Case of Chitay Nech et al. v. Guatemala, para.
168.
229
Cf. U.N.. Committee on the Rights of the Child. General Comment No. 5. General measures of
implementation of the Convention on the Rights of the Child, 27 November 2003, para. 12. The concept of holistic
development can be found in previous case law of the Court. Cf. Case of the "Children’s Rehabilitation Institute" v.
Paraguay. Preliminary objections, merits, reparations and costs. Judgment of September 2, 2004. Series C No.
112, para. 161, and Case of Chitay Nech et al. v. Guatemala, supra, para. 169.
230
Cf. Case of Chitay Nech et al. v. Guatemala, supra, para. 169.
231
Cf. Juridical Status and Human Rights of the Child. Advisory Opinion OC-17/02, supra, para. 66, and Case
of Chitay Nech et al. v. Guatemala, supra, para. 156.
232
Cf. Advisory Opinion. Juridical Status and Human Rights of the Child. Advisory Opinion OC-17/02, supra,
para. 71, and Case of Fornerón and daughter v. Argentina, supra, para. 46.
233
Juridical Status and Human Rights of the Child. Advisory Opinion OC-17/02, supra, para. 71, and Case of
Atala Riffo and daughters v. Chile, supra, para. 170. In this regard, in Advisory Opinion No. 17 on the Juridical
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