social rights, because of the complexities associated with their judicial enforceability, the IACHR has stated that
the protection of such rights and access to justice are materialized in the recognition of specific fair trial
guarantees, such as equality of arms in proceedings, judicial review of administrative decisions, reasoned
decisions, and a reasonable time.107 Specifically on the subject of equality of arms, the IACHR has held that in
judicial proceedings for the protection of social rights “the unequal economic or social status of the litigants
frequently has the effect of rendering the possibility of defense unequal at trial.”108 In that regard, the InterAmerican Court has held that “the presence of real disadvantages necessitates countervailing measures that
help to reduce or eliminate the obstacles and deficiencies that impair or diminish an effective defense of one’s
interests.”109
82.
In addition, to ensure access to justice, judicial remedies for claiming social rights must be
simple, prompt, and effective, as well as offering the possibility to prevent, halt, curb the effects of, and repair
the infringement of the infringed human right in situations of stark social inequality. 110 The effectiveness of a
remedy must be considered in relation to its possibility of verifying the existence of human rights, of remedying
them, of making reparation for the damage done, and of punishing those responsible.111In relation to human
rights violations in the context of business activities, the CESCR has said: “States parties must provide
appropriate means of redress to aggrieved individuals or groups and ensure corporate accountability,”112 for
which it is imperative that remedies be available, effective and expeditious, and that there be access to relevant
information for resolving a claim.113
83.
At the same time, considering that in this case the rights of a girl are at stake, the Commission
considers it necessary to incorporate the international corpus iuris for the protection of children into its
analysis of this case.114 The Commission and the Inter-American Court have held that “children are beneficiaries
of the rights enshrined in the American Convention, as well as enjoying special protective measures set out in
Article 19, which must be interpreted according to the particular circumstances of each case at hand.” 115
Moreover, “the State must pay special attention to the needs and rights of the child, considering [their]
particular condition of vulnerability.” 116 In that connection, Article 3.1 of the Convention on the Rights of the
Child is relevant;117 it provides: “In all actions concerning children, whether undertaken by public or private
social welfare institutions, courts of law, administrative authorities or legislative bodies, the best interests of
the child shall be a primary consideration.” Furthermore, in Advisory Opinion OC-17/2002, the Court
considered that “while procedural rights and their corollary guarantees apply to all persons, in the case of
children exercise of those rights requires, due to the special conditions of minors, that certain specific measures
be adopted for them to effectively enjoy those rights and guarantees.”118
107
IACHR, Access to Justice as a Guarantee of Economic, Social, and Cultural Rights. A Review of the Standards Adopted by the InterAmerican System of Human Rights, OEA/Ser.L/V/II.129, Doc. 4, September 7, 2007, par. 177 and ff.
108
IACHR, Access to Justice as a Guarantee of Economic, Social, and Cultural Rights. A Review of the Standards Adopted by the InterAmerican System of Human Rights, OEA/Ser.L/V/II.129, Doc. 4, September 7, 2007, par. 188.
109
IACHR, Access to Justice as a Guarantee of Economic, Social, and Cultural Rights. A Review of the Standards Adopted by the InterAmerican System of Human Rights, OEA/Ser.L/V/II.129, Doc. 4, September 7, 2007, par. 185.
110
IACHR, Access to Justice as a Guarantee of Economic, Social, and Cultural Rights. A Review of the Standards Adopted by the InterAmerican System of Human Rights, OEA/Ser.L/V/II.129, Doc. 4, September 7, 2007, par. 259.
111
IACHR, Access to Justice as a Guarantee of Economic, Social, and Cultural Rights. A Review of the Standards Adopted by the InterAmerican System of Human Rights, OEA/Ser.L/V/II.129, Doc. 4, September 7, 2007, par. 248.
112
Committee on Economic, Social and Cultural Rights, General Comment No. 24, E/C.12/GC/24, 10 August 2017, para. 39. See
also, United Nations Guiding Principles on Business and Human Rights, Access to Remedy (Principle 25) (2011), available online:
http://www.ohchr.org/Documents/Publications/GuidingPrinciplesBusinessHR_EN.pdf
113
Committee on Economic, Social and Cultural Rights, General Comment No. 24, E/C.12/GC/24, 10 August 2017, paras. 41 and
45.
114
IACHR, Report No. 102/13, Case 12.723, Merits, TGGL, Ecuador, par. 149. Cf. I/A Court H.R., Case of Fornerón and daughter v.
Argentina, Merits, Reparations, and Costs, Judgment of April 27, 2012, Series C. No. 242, par. 44; I/A Court H.R., Case of Furlan and Family
v. Argentina, Preliminary Objections, Merits, Reparations, and Costs, Judgment of August 31, 2012. Series C. No. 246, par. 125.
115
IACHR, Report No. 102/13, Case 12.723, Merits, TGGL, Ecuador, par. 150. Cf. I/A Court H.R., Case of Fornerón and daughter v.
Argentina, Merits, Reparations, and Costs, Judgment of April 27, 2012, Series C No. 242, par. 44; I/A Court H.R.,Case of Gelman v. Uruguay,
Merits and Reparations, Judgment of February 24, 2011, Series C No. 221, par. 121.
116
I/A Court H.R., Case of Rosendo Cantú et al. v. Mexico, Preliminary Objection, Merits, Reparations, and Costs, Judgment of August
31, 2010, Series C. No. 216, par. 201.
117
Convention on the Rights of the Child, Resolution 44/25, 20 November 1989.
118
I/A Court H.R., Juridical Condition and Human Rights of the Child, Advisory Opinion OC-17/02 of August 28, 2002. Series A No.
17. par. 98.
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