family unification established in international conventions, and specifically in the UNHCR
Handbook on Procedures and Criteria for Determining Refugee Status, they should have
requested on their own behalf or through their legal representative, in this case their parents,
refugee status in order to have the right to be heard in this immigration proceeding, a situation
which never happened. In addition, regardless of whether or not they were refugees, children
cannot be separated from their parents when they are expelled, because this would violate the
child’s right to a family. In other words, it argued that the State had taken special measures of
protection based on the principle of family unification in favor of Frida, Juana and Juan Ricardo
Pacheco Tineo.
B. Considerations of the Court
216. The Court will now analyze the presumed violations of the right to special protection of
children, and the rights of the family of Frida, Juana and Juan Ricardo Pacheco Tineo, all of
whom were minors when the facts of this case occurred, in light of the international corpus juris
for the protection of children.248
217. As this Court has stated on other occasions, this corpus juris should serve to define the
meaning and scope of the obligations that the State has assumed when analyzing the rights of
the child.249 In this regard, children possess the rights established in the American Convention,
in addition to the special measures of protection recognized in its Article 19, which must be
defined according to the particular circumstances in each specific case. 250 The adoption of
special measures for the protection of children corresponds to the State, as well as to the
family, the community and the society to which they belong.251
218. In addition, any decision taken by the State, society or the family that entails any
limitation 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 provisions that govern this matter. 252
Regarding the best interests of the child, the Court reiterates that this governing principle of the
normative on the rights of the child is based on the dignity of the human being, on the inherent
characteristics of children, and on the need to foster their development, expanding their
potential to the full. In this regard, it is necessary to weigh not only the requirement of special
measures, but also the particular characteristics of the situation in which the child finds himself
or herself.253
219. Article 19 of the Convention, in addition to granting special protection to the rights
recognized therein, establishes a State obligation to respect and ensure the rights recognized to
children in other applicable international instruments. It is relevant to refer to Articles 12 and 22
of the Convention on the Rights of the Child, which recognize, respectively, the right of the child
to be heard in any judicial and administrative proceedings affecting the child,254 and the right
248
Cf. Case of Forneron and daughter v. Argentina. Merits, reparations and costs. Judgment of April 27, 2012
Series C No. 242, para. 44, and Case of Furlan and family members v. Argentina, para. 125.
249
Cf. Case of the “Street Children” (Villagrán Morales et al.) v. Guatemala. Merits. Judgment of November 19,
1999. Series C No. 63, para. 194, and Case of Forneron and daughter v. Argentina, para. 44.
250
Cf. Case of Gelman v. Uruguay. Merits and reparations. Judgment of February 24, 2011. Series C No. 221,
para. 121, and Case of Forneron and daughter v. Argentina, para. 44.
251
Cf. Juridical Status and Human Rights of the Child. Advisory Opinion OC-17/02 of August 28, 2002. Series A No.
17, para. 62, and Case of Forneron and daughter v. Argentina, para. 45.
252
Cf. Juridical Status and Human Rights of the Child. Advisory Opinion OC-17/02 of August 28, 2002, para. 65,
and Case of Forneron and daughter v. Argentina, para. 48.
253
Cf. Juridical Status and Human Rights of the Child. Advisory Opinion OC-17/02 of August 28, 2002, para. 61,
and Case of Forneron and daughter v. Argentina, para. 45.
254
“Article 12: 1. States Parties shall assure to the child who is capable of forming his or her own views the right
to express those views freely in all matters affecting the child, the views of the child being given due weight in
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