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.

Select target paragraph3

Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents