potential. Likewise, it should be noted that to ensure, to the greatest extent possible, the prevalence of the best interests of the child, the preamble of the Convention on the Rights of the Child establishes that children require “special care” and Article 19 of the American 256 Convention states that they must receive “special measures of protection.” In this regard, it is necessary to consider not only the requirement of special measures but also the 257 specific characteristics of the child’s situation. 127. The Court has also held that, in view of the importance of the interests under consideration, administrative and judicial procedures concerning the protection of the human rights of the child, particularly those legal proceedings related to adoption, guardianship and custody of boys and girls in early childhood, should be handled by the 258 authorities with exceptional diligence and celerity. B.2. Children and persons with disabilities 128. Since the creation of the Inter-American System, in the American Declaration on the Rights and Duties of Man, adopted in 1948, the rights of persons with disabilities have been protected.259 129. In subsequent decades, the Additional Protocol to the American Convention on 260 Economic, Social and Cultural Rights (“Protocol of San Salvador”) stated that “everyone affected by a diminution of his physical or mental capacities is entitled to receive special attention designed to help him achieve the greatest possible development of his personality.” 130. Later, in 1999, the Inter-American Convention on the Elimination of All Forms of 261 Discrimination against Persons with Disabilities (hereinafter “CIADDIS”) was adopted, which stated in its Preamble that States Parties reaffirm “that persons with disabilities have the same human rights and fundamental freedoms as other persons; and that these rights, which include freedom from discrimination based on disability, flow from the inherent 256 Cf. Advisory Opinion OC-17/02, para. 60, and Case of Atala Riffo and daughters v. Chile. Merits and Reparations and Costs. Judgment of February 24, 2012. Series C No. 239, para. 108. 257 Advisory Opinion OC-17/02, para. 61, and Case of Forneron and daughter v. Argentina, para. 45. 258 Cf. Matter of L.M. Provisional Measures regarding Paraguay. Order of the Inter-American Court of Human Rights of July 1, 2011, Considering 16 and Case of Forneron and Daughter v. Argentina, para. 51. 259 Article XVI of the American Declaration on the Rights and Duties of Man states: Every person has the right to social security which will protect him from the consequences of unemployment, old age and any disabilities arising from causes beyond his control that make it physically or mentally impossible for him to earn a living. 260 Article 18 (Protection of the Handicapped) of the Additional Protocol to the American Convention on Human Rights in the Area of Economic, Social and Cultural Rights, “Protocol of San Salvador” establishes: Everyone affected by a diminution of his physical or mental capacities is entitled to receive special attention designed to help him achieve the greatest possible development of his personality. The States Parties agree to adopt such measures as may be necessary for this purpose and, especially, to: a. Undertake programs specifically aimed at providing the handicapped with the resources and environment needed for attaining this goal, including work programs consistent with their possibilities and freely accepted by them or their legal representatives, as the case may be; b. Provide special training to the families of the handicapped in order to help them solve the problems of coexistence and convert them into active agents in the physical, mental and emotional development of the latter; c. Include the consideration of solutions to specific requirements arising from needs of this group as a priority component of their urban development plans; d. Encourage the establishment of social groups in which the handicapped can be helped to enjoy a fuller life. 261 Inter-American Convention for the Elimination of All Forms of Discrimination Against Persons with Disabilities, AG/RES. 1608 (XXIX-O/99). 44

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