social justice and human rights. This does not only entail providing care and protection for
children, (…) but it also additionally means recognizing, respecting, and guaranteeing the
child’s individual character, as the holder of rights and obligations.196
143. The Court has also held that the United Nations Convention on the Rights of the
Child establishes that the obligations of States regarding children not only prevent States from
unduly interferring with the exercise and enjoyment of their rights, but also require that States take
positive measures to ensure the full exercise and enjoyment thereof by children, as circumstances
may permit.197
144. Moreover, the Commission has interpreted States’ special obligation of respect and
guarantee vis-à-vis children, as provided in Article 19 of the American Convention, based on the
specifics of the case and how their rights were infringed in their condition as minors.198 The Court
has also determined that instances of child victims of human rights violations are particularly
serious;199 and for this reason, these matters are governed by the principle of the best interests of
the child, which is based “on the very dignity of the human being, on the characteristics of children
themselves, and on the need to foster their development, making full use of their potential.”200
145. It must also be stressed that the United Nations Committee on the Rights of the
Child has affirmed that children with disability belong to one of the most vulnerable groups of
children.201 In this regard, the Commission takes into account the Interamerican Convention on the
Elimination of All Forms of Discrimination against Persons with Disabilities (in force with respect to
Argentina since January 10, 2001), which was adopted at the regional level with the objectives of
preventing and eliminating all forms of discrimination against persons with disabilities and to
promote their full integration into society.202 At the International leve, the Convention on the Rights
of Persons with Disabilities (in force with respect to Argentina since September 2, 2008) was
adopted with the objectives of promoting, protecting, and ensuring the full and equal enjoyment of
196
IACHR, Report No. 85/09, Case No. 11.607, Compliance Agreement, Victor Hugo Maciel, Paraguay, August 6,
2009, para. 136; IACHR, Report No. 43/08, Case 12.009, Merits, Leydi Dayán Sánchez, Colombia, July 23, 2008, footnote
53; IACHR, Report Nº 76/04, Gerardo Vargas Areco (Paraguay), Case 12.300, October 11, 2004, para. 70. IACHR, Third
Report on the Human Rights Situation in Colombia, 1999, chpt. XIII, para. 1.
197
I/A Court H.R., Juridical Status and Human Rights of the Child. Advisory Opinion OC-17/02 August 28, 2002.
Series A No. 17, para. 88.
198
IACHR, Report Nº 76/04, Gerardo Vargas Areco, Paraguay, Case No. 12.300, October 11, 2004, para. 155.
199
IACHR, Report No. 43/08, Case 12.009, Merits, Leydi Dayán Sánchez, Colombia, July 23, 2008, para. 49 citing
the I/A Court H.R., Juridical Status and Human Rights of the Child. Advisory Opinion OC-17/02 August 28, 2002. para. 54.
Also see I/A Court H.R., Case of “Juvenile Re-education Institute” v. Paraguay. Judgment of September 2, 2004. Series C
No. 112, para. 147.
200
IACHR, Report No. 43/08, Case 12.009, Merits, Leydi Dayán Sánchez, Colombia, July 23, 2008, para. 49 citing
the I/A Court H.R., Case of the Massacre of Mapiripán v. Colombia. Judgment of September 15, 2005, para. 152; and I/A
Court H.R., Juridical Status and Human Rights of the Child. Advisory Opinion OC-17/02 August 28, 2002. Series No. 17,
para. 56.
201
UN, Committee on the Rights of the Child, General Comment No. 9 (2006), “The Rights of Children with
Disability,” CRC/C/GC/9, February 27, 2007, para. 8. The IACHR has noted that “the existence of a corpus juris includes not
only the text of the Convention on the Rights of the Child, but also the decisions adopted by the United Nations Committee
on the Rights of the Child in pursuit of its mandate. That approach represents a significant step forward that indicates not
only the existence of a shared legal framework in international human rights law as applicable to children but also the
interdependence that exists at the international level among the different international systems for protecting children’s
human rights.” IACHR Report on Corporal Punishment and Human Rights of Children and Adolescents, OAS/Ser.L/V/II.135
Doc. 14, August 5, 2009, para. 21.
202
This Convention establishes that States Parties undertake to “work on a priority basis in the (…) areas of: (…) treatment,
rehabilitation, education, job training, and the provision of comprehensive services to ensure the optimal level of
independence and quality of life for persons with disabilities” (Article III).