41
exercise his or her rights and obligations and the effects that such situation produces on his or her next-of-kin and
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third parties.
211.
Based on the foregoing considerations, the Commission concludes that the State of Peru violated
the rights to personal liberty, humane treatment, life and juridical personality recognized at Articles 7, 5, 4, and 3
of the American Convention, in conjunction with the obligations set forth in Article 1(1) of said instrument, to the
detriment of Francisco Hilario Torres; his wife, Dionicia Quispe Malqui; their daughters, Antonia and Magdalena
Hilario Quispe; their daughter-in-law, Mercedes Carhuapoma de la Cruz; Ramón Hilario Morán and his wife
Dionicia Guillén; and Elihoref Huamaní Vergara; as well as the children: Yessenia, Miriam and Edith Osnayo Hilario;
Wilmer Hilario Carhuapoma; Alex Jorge Hilario; and the brothers Raúl and Héctor Hilario Guillén, with the
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aggravating factor that they were young children at the time of the events.
3.
Rights of the Child (Articles 19 and 1(1) of the American Convention)
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212.
Bearing in mind the particular characteristics of the instant case and the fact that seven of the 15
victims were children at the time of their forced disappearance, the Commission believes it appropriate to examine
the State’s obligations under Article 19 of the American Convention.
213.
According to 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 a special protection based on
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their 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,
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society and the State have specific duties.
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
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must be adopted. This added obligation to provide protection and these special duties should be regarded as
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ascertained based on the needs of the child as a person with rights.
214.
The Commission has referred in previous cases to the corpus juris on the human rights of the
child in the following terms:
For an interpretation of a State's obligations vis-a-vis minors, in addition to the provision of the
American Convention, the Commission considers it important to refer to other international
166
I/A Court H.R, Case of Anzualdo Castro v. Peru, Judgment of September 22, 2009, Series C No. 202, par. 100.
167
See Prosecutor v. Kunarac, Kovac and Vukovic, ICTY (2001), where the International Criminal Tribunal for the
Former Yugoslavia found that when the victims of murder, torture or bodily harm are children, this is considered an aggravating
factor, and therefore warrants a higher penalty for those responsible.
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Article 19 of the American Convention States, “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.”
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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
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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.
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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
191; and Case of the Indigenous Community Yakye Axa. Judgment of June 17, 2005, par. 172. In the same connection: Advisory
Opinion OC-17/02, pars. 56 and 60.
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I/A Court H.R., Case of the Indigenous Community Sawhoyamaxa. Judgment of March 29, 2006, par. 154