59
31), but also the system of which it is part (paragraph 3 of Article 31).”125
165. The Court has pointed out before that this orientation is especially important
for International Human Rights Law, which has moved forward substantially by
means of an evolutive interpretation of the international protection instruments.126
Regarding this matter, it has been the understanding of the Court that
[t]hat evolutive interpretation is consistent with the general rules of treaty interpretation
established in the 1969 Vienna Convention. Both this Court [...] and the European Court
[...] have held that human rights treaties are living instruments whose interpretation
must consider the changes over time and present-day conditions.127
166. Both the American Convention and the Convention on the Rights of the Child
are part of a broad international corpus juris for protection of children that aids this
Court in establishing the content and scope of the general provision defined in Article
19 of the American Convention.128
167. The Convention on the Rights of the Child, ratified almost universally,
contains various provisions that refer to the obligations of the State regarding minors
who are in similar factual situations as those examined in this case, and which may
throw light, in connection with Article 19 of the American Convention, on the
behavior that the State should have had in that situation. Those provisions are as
follows:
Article 2
1.
States Parties shall respect and ensure the rights set forth in the present
Convention to each child within their jurisdiction without discrimination of any kind,
irrespective of the child's or his or her parent's or legal guardian's race, colour, sex,
language, religion, political or other opinion, national, ethnic or social origin, property,
disability, birth or other status.
2.
States Parties shall take all appropriate measures to ensure that the child is
protected against all forms of discrimination or punishment on the basis of the status,
activities, expressed opinions, or beliefs of the child's parents, legal guardians, or family
members.
Article 6
1.
States Parties recognize that every child has the inherent right to life.
2.
States Parties shall ensure to the maximum extent possible the survival and
development of the child.
Article 37
States Parties shall ensure that:
125
The Right to Information on Consular Assistance in the Framework of the Guarantees of the Due
Process of Law, supra note 82, para. 113; and see Case of the “Street Children” (Villagrán Morales et al.),
supra note 68, para. 192.
126
See Case of the “Street Children” (Villagrán Morales et al.), supra note 68, para. 193.
127
The Right to Information on Consular Assistance in the Framework of the Guarantees of the Due
Process of Law, supra note 82, para. 114; and see Case of the “Street Children” (Villagrán Morales et al.),
supra note 68, para. 193.
128
See Legal Status and Human Rights of the Child, supra note 122, para. 24; and Case of the
“Street Children” (Villagrán Morales et al.), supra note 68, para. 194.
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