law, in either the administrative or the judicial sphere, must take into consideration the
specific conditions of the child and his or her best interests in order to decide on the child’s
participation, as appropriate, in the determination of his or her rights. This assessment
seeks to provide the child with the greatest access, insofar as possible, to the examination
of his own case. 211 Therefore, the principles of the best interests of the child, of progressive
autonomy, and of participation are particularly relevant in the design and operation of a
system of juvenile criminal responsibility.
144. In relation to due process and guarantees, this Court has indicated that States have
the obligation to recognize and ensure the rights and freedoms of the individual, as well as
to protect and ensure their exercise by means of the respective guarantees (Article 1(1)).
Suitable means for ensuring that they are effective under all circumstances, both the corpus
iuris of rights and freedoms and their guarantees are concepts that are inseparable from the
system of values and principles characteristic of a democratic society. 212 These fundamental
values include safeguarding children, due to both their condition as human beings and their
inherent dignity, and also to their special status. Owing to their level of maturity and
vulnerability, they require protection that ensures the exercise of their rights within the
family, society and in relation to the State. 213 These considerations must be reflected in the
regulation of judicial or administrative proceedings where decisions are taken on the rights
of the child and, when appropriate, of the persons in whose custody or guardianship they
find themselves. 214
145. Even though children have the same human rights as adults during legal
proceedings, the way in which these rights are exercised varies according to their level of
development. Accordingly, it is essential to recognize and respect the differences in
treatment that correspond to different situations of those participating in a proceeding. 215
This corresponds to the principle of differentiated treatment that, in the sphere of criminal
justice, means that the differences between children and adults, as regards both their
physical and psychological development, and their emotional and educational needs, must
be taken into account for the existence of a separate juvenile criminal justice system. 216
146. In sum, even though procedural rights and their corresponding guarantees apply to
all persons, in the case of children, due to their special status, the exercise of those rights
requires the adoption of certain specific measures so that they may truly enjoy those rights
and guarantees. 217 In this regard, Article 5(5) of the American Convention indicates that
“[m]inors while subject to criminal proceedings shall be separated from adults and brought
211
Cf. Juridical Status and Human Rights of the Child. Advisory Opinion OC-17/02 of August 28, 2002,
para. 102, and Case of Furlan and family members v. Argentina, para. 230. Rule 14.2 of the United Nations
Standard Minimum Rules for the Administration of Juvenile Justice ("The Beijing Rules") indicates that: “[t]he
proceedings shall be conducive to the best interests of the juvenile and shall be conducted in an atmosphere of
understanding, which shall allow the juvenile to participate therein and to express herself or himself freely.”
212
92.
213
93
214
94.
215
96.
Cf. Juridical Status and Human Rights of the Child. Advisory Opinion OC-17/02 of August 28, 2002, para.
Cf. Juridical Status and Human Rights of the Child. Advisory Opinion OC-17/02 of August 28, 2002, para.
Cf. Juridical Status and Human Rights of the Child. Advisory Opinion OC-17/02 of August 28, 2002, para.
Cf. Juridical Status and Human Rights of the Child. Advisory Opinion OC-17/02 of August 28, 2002, para.
216
Cf. Committee on the Rights of the Child, General Comment No. 10, Children’s rights in juvenile justice,
CRC/C/GC/10, 25 April 2007, para. 10.
217
98.
Cf. Juridical Status and Human Rights of the Child. Advisory Opinion OC-17/02 of August 28, 2002, para.
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