their family units.143
b.3. Rights of the family
84. The rights that may be violated by situations of forced displacement include the rights of the
family recognized in Article 17 of the American Convention, and also the rights of the child, pursuant
to Article 19 of this treaty. The former article recognizes that the family is the natural and fundamental
unit of society and is entitled to protection by society and the State.144 The Court has established that
the State is obliged to encourage the development and strengthening of the family unit 145 and that
the separation of children from their family constitutes, in certain circumstances, a violation of the
rights of the family. Therefore, children have the right to live with their family, which is called on to
meet their physical, emotional and psychological needs. 146 The Court understands that, in situations
of forced displacement, the State has the obligation to seek family reunification, especially in cases
of families with children.147 This duty concerning the rights of the family and the rights of the child,
is independent from others that are also pertinent in situations of forced displacement, such as that
of making a safe return possible. According to the circumstances of the case, this does not preclude
measures to make a safe return possible being appropriate to achieve family reunification.
Consequently, in cases of forced displacement, the Court has considered that, because this entails
the separation or fragmentation of the family unit, it may result in the State’s responsibility for the
violation of Article 17 of the Convention and also, if applicable, of its Article 19 in relation to the
children affected by this situation.148
85. In the instant case, the Court notes that Elvira Arévalo Sandoval lost four of her nine children
during her flight at the time of the massacre. It was only seven years later that she found out that
one of them,149 Rigoberto (one year old at the time of the massacre), had died in the forest, while
the other three, Ernestina, Romelia and Rolando (aged 14, 13 and 2 years at the time of the
massacre) had taken refuge in Mexico, where they remained separated from their mother, believing
According to the list provided by the Commission and the representatives, and as the Court has been able to verify,
the family unit of María Fidelia Quevedo Bolaños consisted of: Lilian Judith Pérez Quevedo, Sandra Margarita Pérez Quevedo,
Rosa Lina Pérez Quevedo, Marta Leonor Pérez Quevedo and Filadelfo Arturo Pérez Quevedo; the family unit of Antonio Ajanel
Ortíz consisted of: Carmelino Ajanel Ramos; the family unit of Alba Maritza López Mejía consisted of: Maria del Carmen Mejía
Pérez de López, Amildo Antonio López Mejía, Alejandra López, Agustín de Jesús López Mejía, Rosa Alvina (Albina) López Mejía,
and her brother José Álvaro López Mejía who was a victim of forced disappearance, as declared by the Court in section b.1)
of this chapter. Also, the family unit of Elidea Hernández Rodríguez consisted of: Mario Adolfo Alcántara, Tito Asai Alcántara
Hernández, Adolfo Lemuel Alcántara Hernández, Anestor [Noé] Alcántara Hernández and Damaris Noemí Alcántara
Hernández; the family unit of Sotero Chávez consisted of: Anselma Carrillo Díaz de Chavez, Apolinio Carrillo, Miguel Carrillo
Díaz, Natalia Chávez Carillo, Otilia Chávez Carillo, Romeo Chávez Carillo, Daniel Chávez Carillo, Deisy Francisca Chávez
Carrillo, José Luis Chávez Carrillo, Jorge Alberto Chávez Carrillo, Antonio Chávez Carillo, Cecilia Chávez Carillo, Marta Chávez
Carrillo, Salomón Carrillo Gudiel and Roberto Carrillo Gudiel; the family unit of Juana Leonidas García Castellanos consisted
of: Manuel Regalado Nuñez, Ana Mirian Regalado García, Elmin Edel Regalado García, Silvia Elizabeth Reglado García, Byron
(Biron) Manuel Regalado García, Jaime San Regalado García, Bermina Llaneth [Janneth] Regalado García, Argentina Regalado
García and Eulicer Regalado García, and the family unit of Zoila Reyes Pineda consisted of: Raúl Amadeo Pineda Reyes and
Zoila Aida Pineda Reyes.
143
Cf. Juridical Status and Human Rights of the Child. Advisory Opinion OC-17/02 of August 28, 2002. Series A No. 17,
para. 66, and Case of Carvajal Carvajal et al. v. Colombia, supra, para. 191.
144
Cf. Juridical Status and Human Rights of the Child, supra, para. 66, and Case of Carvajal Carvajal et al. v. Colombia,
supra, para. 414.
145
Juridical Status and Human Rights of the Child, supra, para. 7, and Case of Yarce et al. v. Colombia. Preliminary
objection, merits, reparations and costs. Judgment of November 22, 2016. Series C No. 325, para. 246.
146
Cf. Principle 17 of the United Nations Guiding Principles on Internal Displacement, E/CN.4/1998/53/Add.2 of February
11, 1998, p.5. Available at: https://documents-dds-ny.un.org/doc/UNDOC/GEN/G98/104/93/PDF/G9810493.pdf?OpenElement
147
Cf. Case of Chitay Nech et al. v. Guatemala, supra, para. 163, and Case of Alvarado Espinoza et al. v. Mexico, supra,
para. 281
148
149
Cf. Statement made by Elvira Arévalos Sandoval on September 29, 2004 (evidence file, folio 6200).
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