C.3. Rights of the child
269. The Court has emphasized that cases in which the victims of human rights violations
are children are particularly serious, 320 because children are holders of the rights
established in the American Convention, and also require the special measures of
protection established in its Article 19, which must be defined according to the particular
circumstances of each specific case. 321 The Court has affirmed that any State, social or
family decision that entails any constraint to the exercise of any right of a child must take
into account the principle of the best interests of the child and be rigorously adapted to
the relevant legal provisions. 322 In this regard, the Committee on the Rights of the Child
had indicated that the failure to register a child “can impact negatively on a child’s sense
of personal identity and children may be denied entitlements to basic health, education
and social welfare.” 323
C.4. Obligation to adopt domestic legal provisions
270. With regard to the obligation to adopt domestic legal provisions established in Article
2 of the Convention, the Court has indicated that this provision imposes on the States
Parties the general obligation to adapt their domestic law to the provisions of the
Convention in order to ensure and make effective the exercise of the rights and freedoms
recognized therein. 324 The Court has affirmed that this entails the adoption of two types of
measures, namely: (a) the enactment of laws and the implementation of practices leading
to the effective observance of these guarantees, and (b) the elimination of laws and
practices of any kind that result in a violation of the guarantees established in the
Convention, 325 because they fail to recognize those rights and freedoms or they prevent
their exercise. 326
271. As the Court has indicated on other occasions, the provisions of domestic law that
are adopted to this end must be effective (principle of the practical effects or effet utile),
which means that States are obliged to adopt and to establish in their domestic laws all
the measures required to ensure that the provisions of the Convention are truly complied
with and implemented. 327
C.5. Application to this case
320
Cf. Case of the “Street Children” (Villagrán Morales et al.) v. Guatemala. Merits. Judgment of November
19, 1999. Series C No. 63, paras. 146 and 191, and Case of Veliz Franco et al. v. Guatemala, para. 133.
321
Cf. Case of Fornerón and daughter v. Argentina. Merits, reparations and costs. Judgment of April 27, 2012.
Series C No. 242, para. 44, and Case of the Pacheco Tineo Family v. Bolivia, para. 217.
322
Cf. Juridical Status and Human Rights of the Child. OC-17/02, para. 65, and Case of the Pacheco Tineo
Family v. Bolivia, para. 218.
323
United Nations, Committee on the Rights of the Child, General Comment No. 7 (2005) “Implementing child
rights in early childhood,” CRC/C/GC/7/Rev.1, 20 September 2006, para. 25.
324
Cf. Case of Albán Cornejo et al.. v. Ecuador. Merits reparations and costs. Judgment of November 22,
2007. Series C No. 171, para. 118, and Case of Norín Catrimán et al. (Leaders, members and activist of the
Mapuche Indigenous People) v. Chile, para. 175.
325
Cf. Case of Castillo Petruzzi et al. v. Peru. Merits, reparations and costs. Judgment of May 30, 1999. Series
C No. 52, para. 207, and Case of Norín Catrimán et al. (Leaders, members and activist of the Mapuche
Indigenous People) v. Chile, para. 175.
326
Cf. Case of Hilaire, Constantine and Benjamin et al. v. Trinidad and Tobago, para. 113.
327
Cf. Case of “The Last Temptation of Christ” (Olmedo Bustos et al.). Judgment of February 5, 2001. Series
C No. 73, para. 87; and Case of Osorio Rivera and family members v. Peru, footnote 332.
89
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