57 Quispe, Marcelina Paquiyauri Illanes de Gómez, Ricardo Emilio Gómez Paquiyauri, Carlos Pedro Gómez Paquiyauri, Marcelina Haydeé Gómez Paquiyauri, Lucy Rosa Gómez Paquiyauri, and Miguel Ángel Gómez Paquiyauri. XIII RIGHTS OF THE CHILD ARTICLE 19 IN COMBINATION WITH ARTICLE 1(1) Pleadings of the Commission 157. The Commission argued that the State violated Article 19 of the American Convention, in combination with Article 1(1) of said treaty, which sets forth that every child has the right to special measures of protection, to the detriment of Rafael Samuel and Emilio Moisés Gómez Paquiyauri, because: a) respect for the rights of the child entails recognizing, respecting, and ensuring the individual personality of the child, entitled to rights and having obligations; and b) Peru, instead of providing said protection to the Gómez Paquiyauri brothers, killed them through its police agents. Pleadings of the representative of the alleged victims and their next of kin 158. The representative of the alleged victims and their next of kin argued that the State violated Article 19 of the American Convention to the detriment of Emilio Moisés and Rafael Samuel Gómez Paquiyauri, because: a) children require special protection and care, due to their physical and psychological immaturity, and this includes adequate legal protection, especially in the context of an armed conflict; b) in addition to violating the fundamental rights of the Gómez Paquiyauri brothers, to which any human being is entitled, the State failed to provide them the additional protection they were entitled to as minors; c) in the case of Peru, the Committee on the Rights of the Child had already expressed its concern over the violence against children by the security and police forces; d) the State had the duty to be especially careful to provide measures of protection for children at the time of the facts, all the more so in the context of the ongoing “domestic armed conflict.” In this regard, Article 38 of the Convention on the Rights of the Child establishes the requirement of special measures of protection for children affected by armed conflicts. In this regard, the Committee on the Rights of the Child has stated that the significant humanitarian international law includes the Geneva Convention and the tow Additional Protocols; and e) the Peruvian State also failed to comply with its obligation to teach its police officers about the special care and obligations required regarding to

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