potential. Likewise, it should be noted that to ensure, to the greatest extent possible, the
prevalence of the best interests of the child, the preamble of the Convention on the Rights
of the Child establishes that children require “special care” and Article 19 of the American
256
Convention states that they must receive “special measures of protection.”
In this
regard, it is necessary to consider not only the requirement of special measures but also the
257
specific characteristics of the child’s situation.
127. The Court has also held that, in view of the importance of the interests under
consideration, administrative and judicial procedures concerning the protection of the
human rights of the child, particularly those legal proceedings related to adoption,
guardianship and custody of boys and girls in early childhood, should be handled by the
258
authorities with exceptional diligence and celerity.
B.2. Children and persons with disabilities
128. Since the creation of the Inter-American System, in the American Declaration on the
Rights and Duties of Man, adopted in 1948, the rights of persons with disabilities have been
protected.259
129. In subsequent decades, the Additional Protocol to the American Convention on
260
Economic, Social and Cultural Rights (“Protocol of San Salvador”)
stated that “everyone
affected by a diminution of his physical or mental capacities is entitled to receive special
attention designed to help him achieve the greatest possible development of his
personality.”
130. Later, in 1999, the Inter-American Convention on the Elimination of All Forms of
261
Discrimination against Persons with Disabilities
(hereinafter “CIADDIS”) was adopted,
which stated in its Preamble that States Parties reaffirm “that persons with disabilities have
the same human rights and fundamental freedoms as other persons; and that these rights,
which include freedom from discrimination based on disability, flow from the inherent
256
Cf. Advisory Opinion OC-17/02, para. 60, and Case of Atala Riffo and daughters v. Chile. Merits and
Reparations and Costs. Judgment of February 24, 2012. Series C No. 239, para. 108.
257
Advisory Opinion OC-17/02, para. 61, and Case of Forneron and daughter v. Argentina, para. 45.
258
Cf. Matter of L.M. Provisional Measures regarding Paraguay. Order of the Inter-American Court of Human
Rights of July 1, 2011, Considering 16 and Case of Forneron and Daughter v. Argentina, para. 51.
259
Article XVI of the American Declaration on the Rights and Duties of Man states: Every person has the right
to social security which will protect him from the consequences of unemployment, old age and any disabilities
arising from causes beyond his control that make it physically or mentally impossible for him to earn a living.
260
Article 18 (Protection of the Handicapped) of the Additional Protocol to the American Convention on
Human Rights in the Area of Economic, Social and Cultural Rights, “Protocol of San Salvador” establishes: Everyone
affected by a diminution of his physical or mental capacities is entitled to receive special attention designed to help
him achieve the greatest possible development of his personality. The States Parties agree to adopt such measures
as may be necessary for this purpose and, especially, to: a. Undertake programs specifically aimed at providing the
handicapped with the resources and environment needed for attaining this goal, including work programs
consistent with their possibilities and freely accepted by them or their legal representatives, as the case may be; b.
Provide special training to the families of the handicapped in order to help them solve the problems of coexistence
and convert them into active agents in the physical, mental and emotional development of the latter; c. Include the
consideration of solutions to specific requirements arising from needs of this group as a priority component of their
urban development plans; d. Encourage the establishment of social groups in which the handicapped can be helped
to enjoy a fuller life.
261
Inter-American Convention for the Elimination of All Forms of Discrimination Against Persons with
Disabilities, AG/RES. 1608 (XXIX-O/99).
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