education and training; (iv) identify those children who are particularly exposed to risks and
to make direct contact with them; and (v) consider the particular situation of girls.318
221.
The Committee on the Rights of the Child, in its General Comment 16, notes that the states
have the obligation to regulate and supervise working conditions and to establish safeguards that protect
children from economic exploitation and jobs that interfere in their education or impair their health or their
physical, mental, spiritual, moral, or social development. In that context, the authorities entrusted with
regulating and supervising the companies’ activities and operations should bear in mind the principles of the
best interest of the child, non-discrimination, the holistic concept of child development, and the right of children
to be heard.319 Moreover, mindful that it is in the unstructured sector of the economy and in family economies
that one generally finds dangerous work for children, “States are required to design and implement
programmes aimed at reaching businesses in these contexts, including by enforcing international standards
regarding legal minimum age for work and appropriate conditions of work….”320
222.
In a similar vein, the Committee on Economic, Social and Cultural Rights, in its General
Comment 18, underscored the need to protect children “from all forms of work that are likely to interfere with
their development or physical or mental health,” including economic exploitation and in a way that enables
them to “pursue their full development and acquire technical and vocational education….”321 On child labor in
particular, it indicated the states have the duty to “adopt effective measures to ensure that the prohibition of
child labour will be fully respected.”322
223.
The Commission reiterates its considerations established previously related to the situation
of the Miskito divers, including the boatmen. In this regard, the IACHR recapitulates that there was a practice
among the fishing vessels of recruiting Miskito boys to work, first as boatmen and subsequently as divers, under
the same climate of abuse and insecurity. The IACHR also takes note that part of the context is the existence of
sanctions on workers for failure to comply with the orders of the captains of the fishing vessels.
224.
Along the same line as the previous point, the Commission considers that the considerations
put forth in the previous section on breach of the State’s duty to regulate, oversee, and inspect underwater
fishing in the zone by Miskito divers turn out to be equally applicable to the analysis of attribution of
international responsibility on this point.
225.
In addition, the report by the family members of the disappearance of the child Licar Méndez
triggered the State’s obligation to take all measures necessary to establish his whereabouts, clarify the facts,
and punish the persons responsible. According to the documentation produced by the parties, the State did not
take any measure aimed at situating the whereabouts of Licar Méndez. In addition, and as indicated below, nor
does one observe that the State has initiated investigations about what happened.
226.
In view of the foregoing considerations, the Commission considers that the State is responsible
for violating the right to life and the right to special protection for children, established at Article 4(1) and
Article 19 of the America Convention, in relation to Article 1(1) of the same instrument.
3.4
On health care and the right to humane treatment for the surviving victims of the
accidents
227.
The Commission considers that the rights to life and humane treatment are directly and
immediately tied to health care. In this regard, and as the Court has noted, the lack of adequate medical care
I/A Court HR. Case of Workers of the Hacienda Brasil Verde v. Brazil. Preliminary Objections, Merits, Reparations and Costs. Judgment of
October 20, 2016. Series C No. 318, para. 376.
319 Committee on the Rights of the Child, General Comment 16. On State obligations regarding the impact of the business sector on children's
rights (April 17, 2013) paras. 13-23.
320 Committee on the Rights of the Child, General Comment 16. On State obligations regarding the impact of the business sector on children's
rights (April 17, 2013) para. 36
321 Committee on Economic, Social and Cultural Rights. General Comment 18. The Right to Work, November 24, 2005. Para. 15.
322 Committee on Economic, Social and Cultural Rights. General Comment 18. The Right to Work, November 24, 2005. Para. 24.
318
39
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