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
Select target paragraph3
Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents