74 1. States Parties undertake to respect and to ensure respect for rules of international humanitarian law applicable to them in armed conflicts which are relevant to the child. [...] 4. In accordance with their obligations under international humanitarian law to protect the civilian population in armed conflicts, States Parties shall take all feasible measures to ensure protection and care of children who are affected by an armed conflict. 332. The Commission also considers that in the present case, the interpretation of Article 19 of the American Convention must also take into account Additional Protocol II to the Geneva Conventions, 353 by invoking the international corpus juris of protection of the child in the context of an armed conflict. In this respect, Article 4 of the said treaty establishes that all necessary care and help must be given to the children. In this context, the State has "the obligation to provide children [..] with the necessary assistance and care, to avoid bodily harm, mental trauma and to ensure development as normal as 354 circumstances permit." 333. The Colombian State has recognized, through its Constitutional Court, the differenciated impact caused by displacements in children and adolescents, which is most critical when it affects 355 afrodescendant communities . 334. In the present case, during the armed operations the children suffered from the violence caused by the State and which provoked their forced displacement. In this respect, it should be stressed that Article 37.a of the Convention on the Rights of the Child establishes that States must ensure that "[n]o child shall be subjected to torture or other cruel, inhuman or degrading treatment or punishment." 335. For its part, the Convention on the Rights of the Child provides that children belong to an ethnic minority shall not be denied the right to enjoy their own culture, in common with the other members 356 of the group. Accordingly, the Committee on the Rights of the Child has established that to determine 357 what are the overriding interests of children from minority groups, the State authorities must take into 358 account their cultural rights. This obligation is coupled with the States' duty to provide children with an 359 education designed to teach them their own cultural identity and values, which must continue even in 360 cases of displacement. The Human Rights Committee has also established that if a child belonging to an ethnic minority is placed outside his or her community, the State must adopt special measures so that 361 the child can preserve its cultural identity. 353 I/A Court H.R. Case of the “Mapiripán Massacre” v. Colombia. Merits, Reparations and Costs. Judgment of September 15, 2005. Series C No. 134, para. 153. 354 CICR. Comments on Additional Protocol II to the Geneva Conventions of 1949. In: http://www.icrc.org/Web/spa/sitespa0.nsf/html/950B5D7D9CEA18B2C1256E2100501C7D?OpenDocument&Style=Custo_Final.3&V iew=defaultBody10#2 355 Annex 98. Constitutional Court of Colombia Auto 251 of 2008 about the protection of fundamental human rights of children and adolescents displaced by the armed conflict, in the framework of overcoming the unconstitutional state of affairs declared by judgment T-025 of 2004, pp. 13-14. 356 Art. 30 of the UN Convention on the Rights of the Child, November 20, 1989. 357 Annex 97. UN Committee on the Rights of the Child, General Comment No. 11, refers to the rights of indigenous children, but also to children of minority groups. "[c]ertain references in this general comment may be relevant for children of minority groups." Indigenous Children and their rights under the Convention, of February 12, 2009, para. 15. At: http://www2.ohchr.org/english/bodies/crc/comments.htm. 358 Annex 97. UN Committee on the Rights of the Child, General Comment No. 11, Indigenous Children and their rights under the Convention, of February 12, 2009, para.31. At: http://www2.ohchr.org/english/bodies/crc/comments.htm. 359 This obligation is contemplated in Article 2 of the Convention on the Rights of the Child. 360 Annex 90. Principle 23 of the UN Guiding Principles on Internal Displacement, E/CN.4/1998/53/Add.2 of February 11, 1998. See:http://www.un-documents.net/gpid.htm. 361 Annex 97. UN Committee on the Rights of the Child, General Comment No. 11, Indigenous Children and their rights under the Convention, of February 12, 2009, para. 48. At: http://www2.ohchr.org/english/bodies/crc/comments.htm.

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