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B.1 Legality of residential care
In this regard, see, for example: UNICEF, Implementation Handbook for the Convention on the Rights of the Child,
Fully revised third edition, 2007, p. 285. Similarly, the Human Rights Committee also considers that “[p]lacement of a
child in institutional care amounts to a deprivation of liberty.” Human Rights Committee of the International Covenant on
Civil and Political Rights, General Comment No. 35: Article 9 (Liberty and security of persons), December 16, 2014, UN
Doc. CCPR/C/GC/35, para. 62. Similarly, the UN General Assembly has indicated that: “[m]easures aimed at protecting
children in care should be in conformity with the law and should not involve unreasonable constraints on their liberty and
conduct in comparison with children of similar age in their community.” Guidelines for the alternative care of children,
attached to UN General Assembly Resolution 64/142, February 24, 2010, UN Doc. A/RES/64/142, para. 92.
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Cf. Social study of Flor de María Ramírez Escobar prepared by the Attorney General’s Office on March 14, 1997
(evidence file, folio 4323), and Report of the President of Niños de Guatemala of December 31, 1998 (evidence file, folio
4639).
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Mutatis mutandis, regarding any restriction of a right protected by the American Convention, See, The Word
"Laws " in Article 30 of the American Convention on Human Rights, Advisory Opinion OC-6/86, May 9, 1986. Series A
No. 6, paras. 35 and 37, and Case of López Lone et al. v. Honduras. Preliminary objection, merits, reparations and costs.
Judgment of October 5, 2015. Series C No. 302, para. 168.
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Children’s Code. Decree No. 78-79 of November 28, 1979, arts. 19 and 49 (evidence file, folios 3444 and 3447). In
response to a request for helpful information, the representatives indicated that this norm referred back to the Code
itself, but the Code “did not establish specific measures for the protection of children in a situation of risk; but rather,
merely measures for dealing with children in conflict with the law.” These were described in article 42 of the code and
are as follows: “1. Reprimand of the child. 2. Placement of the child in an appropriate institution or establishment for his
or her treatment and education. 3. Supervised liberty. 4. Fine or reprimand for the parents, guardians or those
responsible for the child if they have been summoned and heard during the proceedings. 5. Referral of the case to an
ordinary court, if inquiries reveal the commission of a misdemeanor or offense by an adult” (underlining added).
Children’s Code. Decree No. 78-79 of November 28, 1979, arts. 42 and 43 (evidence file, folios 3446 and 3447). For its
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