69
child, thereby violating Article 19 of the American Convention, to the detriment of Mrs.
Rosendo Cantú.
199. The State, in its answer to the application, took issue with the alleged violation of
Article 19 of the Convention. Nevertheless, in the public hearing and in its final written
arguments, Mexico recognized that “the authorities […] were negligent in offering Mrs.
Rosendo Cantú with specialized attention given her status as a minor of age at the time
of the filing of the complaint with the Public Prosecutor of the state of Guerrero, which
constituted non-compliance with the obligation to protect the rights of the child,
recognized in Article 19 of the American Convention […] and in the light of other
international instruments in which the State of Mexico is a Party, such as the Convention
of the Rights of the Child.”
*
*
*
200. The Court has established (supra para. 23) that the acknowledgment of
responsibility by the State has been clear and specific regarding the lack of special
measures in favor of Mrs. Rosendo Cantú, paying special attention to her status as girl
child at the time of the events, acknowledging as such, its international responsibility for
the violation of the rights of the child established in Article 19 of the American
Convention. Notwithstanding the aforementioned, the Court deems it appropriate to
make the following considerations.
201. The Court has previously held, that in conformity with Article 19 of the American
Convention, the State must assume a special position as guarantor with greater care and
responsibility and must take special measures aimed at the best interest of the child.261
In this sense, the State must offer special attention to the necessities and the rights of
the child, considering the child’s particular condition of vulnerability.262 In accordance
with its conventional obligations, the State should have adopted special measures in
favor of Mrs. Rosendo Cantú, not only during the filing of the criminal complaint, but also
during the time when, being a girl child, she was a part of the ministerial [investigative]
investigations regarding the offense of which she was the victim, all the more since she
was also indigenous, given that indigenous children whose communities are affected by
poverty find themselves in a particular situation of vulnerability. The obligation to protect
the best interest of the children during the proceedings of which they are a part,263 may
imply, inter alia, the following: i) to provide with information and to implement the
appropriate procedures, adapting them to the child’s particular necessities, and
guaranteeing that the child have legal and other assistance at all times, pursuant to their
needs; 264 ii) in cases in which children have been victims of crimes such as sexual abuse
or other mistreatment, to assure that the exercise of their right to be heard is provided
ensuring full protection, making sure that personnel are trained to address children and
that the interview rooms are safe and not intimidating, hostile, insensitive or
261
Cf. Juridical Condition and Human Rights of the Child. Advisory Opinion OC-17/02 of August 28, 2002.
Series A No. 17, paras. 56, 59 and 60; Case of Servellón García v. Honduras. Merits, Reparations and Costs.
Judgment of September 21, 2006. Series C No. 152, para. 116, and Case of Chitay Nech et al., supra note 25,
para. 164.
262
Cf. Juridical Condition and Human Rights of the Child, supra note 261, paras. 60, 86 and 93; Case of
the Dos Erres Massacre, supra note 27, para. 184, and Case of Chitay Nech et al., supra note 25, para. 164
263
Cf. Committee on the Rights of the Child. General Comment 12: The right of the child to be heard,
51st period of sessiones, 2009, U.N. Doc. CRC/C/GC/2009 (July 20, 2009), para. 70.
264
Cf. Committee on the Rights of the Child. General Comment 5: General measures of implementation
for the Convention on the Rights of the Child (Articles 4 and 42 and paragraph 6 of Article 44), 34th period of
sessiones, 2003, U.N. Doc. CRC/GC/2003/5 (November 27, 2003), para. 24, and Committee on the Rights of
the Child, General Comment 12: The right of the child to be heard, supra note 263, para. 64.
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