46 167. The Court observes that due to the context of familial disintegration previously accredited, this had repercussions, in an accentuated manner, on the condition of the children. Due to the particularities of the case sub judice, the Court finds it important to note the special measures of protection that the States must adopt in favor of indigenous children. The Court deems that a State, in addition to the obligations which must be guaranteed to all persons under its jurisdiction, must also comply with an additional and complementary obligation defined in Article 30185 of the Convention on the Rights of the Child,186 which gives content to Article 19 of the American Convention and consists of the obligation to promote and protect the rights of indigenous children to live in accordance with their own culture, religion, and language.187 168. In its General Observation No. 11, the Committee on Rights of the Child has considered that “[t]he effective exercise of the rights of indigenous children to culture, religion, and language constitute essential foundations of a culturally-diverse State,”188 and that this right constitutes an important recognition of the traditions and collective values of 185 Article 30 states that “[i]n those States in which ethnic, religious or linguistic minorities exist, a child who pertains to this community or is indivenous, shall not be denied their corresponding rights, in community with the other members of their group, to enjoy their own culture, to profess and practise their own religion, or to use their own language.” This disposition originates from Article 27 of the International Covenenat on Civila nd Political Rights, adopted by the Geneeral Assembly during Order 2200 A (XXI), 16 of December of 1966, which recognizes this right of minotirites without mentioning indigenous persons explicitly. Article 27 of the ICCPR establishes: “In those States in which ethnic, religious or linguistic minorities exist, persons belonging to such minorities shall not be denied the right, in community with the other members of their group, to enjoy their own culture, to profess and practise their own religion, or to use their own language.” 186 Conventionon the Rights of the Child, A.G. res. 44/25, anexo, 44 U.N. GAOR Supp. (No. 49) p. 167, UN Doc. A/44/49 (1989), came into force on September 2, 1990. The State of Guatemala signed said Convention on January 26, 1990 and ratified it on June 6, 1990. 187 The Convention on the Rights of the Child, aside from Article 30, contains various provisions that highlight the importante of the Convention on the Rights of the Child, moreover Article 30, contains various provisions that highlight the importance to the cultural life of the rights of the indigenous child for their development and formation. In this sense, the Preamble states: “States Party to the present Convention, […] […] [t]aking due account of the importance of the traditions and cultural values of each people for the protection and harmonious development of the child.” Article 2, subsection 1 establishes the obligation of the State to assure the application of the rights established in the Convention, without distinction, by “ethnic origin.” In the same sense, Article 17 subsection d states that: “the States shall […] [e]ncourage the mass media to have particular regard to the linguistic needs of the child who belongs to a minority group or who is indigenous.” Article 20, subsection 3 determines that, when children are deprived of their family environment, the State has to adopt special mesuares and in considering them, “[…] due regard shall be paid to the desirability of continuity in a child's upbringing and to the child's ethnic, religious, cultural and linguistic background.” In this same line, Article 29 subsection 1 states that “ En la misma línea, el artículo 29 inciso 1 señala que “States Parties agree that the education of the child shall be directed to [t]he development of respect for the child's parents, his or her own cultural identity, language and values, for the national values of the country in which the child is living, the country from which he or she may originate, and for civilizations different from his or her own; [as well as t]he preparation of the child for responsible life in a free society, in the spirit of understanding, peace, tolerance, equality of sexes, and friendship among all peoples, ethnic, national and religious groups and persons of indigenous origin.” Lastly, Article 31 determines that: “States Parties recognize the right of the child to […] participate freely in cultural life and the arts. […]States Parties shall respect and promote the right of the child to participate fully in cultural and artistic life and shall encourage the provision of appropriate and equal opportunities for cultural, artistic, recreational and leisure activity.” 188 Cf. U.N. Committee on the Rights of the Child. General Observation Nº 11 (2009). The indigenous children and their rights due to the convention, February 12, 2009, par. 82.

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