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personality enshrined in Articles 7, 5, 4, and 3 of the American Convention, in relation to the obligations
established in Article 1(1) of the same instrument, to the detriment of José Adrián Rochac Hernández,
Santos Ernesto Salinas, Emelinda Lorena Hernández, Manuel Antonio Bonilla, and Ricardo Ayala
Abarca.
C.
The rights to a family, a name, and special protection for children (Article 17, 18,
and 19 of the Convention)
187.
Article 17 of the American Convention establishes, at the pertinent part: “The family is the
natural and fundamental group unit of society and is entitled to protection by society and the state.”
188.
Article 18 of the American Convention provides: “Every person has the right to a given
name and to the surnames of his parents or that of one of them. The law shall regulate the manner in
which this right shall be ensured for all, by the use of assumed names if necessary.”
189.
Article 19 of the American Convention indicates: “Every minor child has the right to the
measures of protection required by his condition as a minor on the part of his family, society, and the
state.”
190.
Article 1(1) of the Convention establishes:
The States Parties to this Convention undertake to respect the rights and freedoms recognized
herein and to ensure to all persons subject to their jurisdiction the free and full exercise of those
rights and freedoms, without any discrimination for reasons of race, color, sex, language, religion,
political or other opinion, national or social origin, economic status, birth, or any other social
condition.
191.
Mindful of the particularities of the instant case and the fact that all the victims were
children at the time of their forced disappearance, the Commission considers it appropriate to analyze the
State’s obligations under Article 17 of the American Convention read in conjunction with Article 19 of the
same instrument. Subsequently, the Commission will refer to the petitioners’ arguments regarding Article
18 of the Convention.
192.
By the Court’s case law, Article 19 of the American Convention should be understood as
a complementary right that the Convention establishes for individuals who need special measures of
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protection, owing to their stage of physical and emotional development . Children, therefore, possess
not only the same human rights that correspond to all persons, but also special rights accruing to their
child status, in regard to which the family, society and the State have specific duties. In other words,
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children are entitled to special measures of protection .
193.
In sum, the rights of children must be safeguarded both in view of their status as human
beings and by reason of their special condition, to which end special protective measures must be
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adopted. This added obligation to provide protection and these special duties should be regarded as
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determinable based on the needs of the child as a person with rights .
153
I/A Court H.R., Case of the Ituango Massacres. Judgment of July 1, 2006. Series C No. 148, par. 106; Case of
Baldeón García, Judgment of April 6, 2005. Series C No. 147, par. 244; Case of the “Mapiripán Massacre”, Judgment of September
15, 2005. Series C No. 134, par. 152; and, in particular, Case of the “Juvenile Reeducation Institute”, Judgment of September 2,
2004. Series C No. 112, par. 147, and Case of Servellón-García et al. Judgment of September 21, 2006, par. 113
154
Advisory Opinion OC-17/2002, par. 62:
Adoption of special measures to protect children is a responsibility both of the State and of the family,
community, and society to which they belong.
155
I/A Court H.R., Case of the “Juvenile Reeducation Institute”, par. 160; Case of the Gómez Paquiyauri Brothers, pars.
124, 163-164, and 171; Case of Bulacio, pars. 126 and 134; The “Street Children” Case (Villagrán Morales et al.), pars. 146 and
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