53
Convention, to the detriment of Ramiro Osorio Cristales, the Court must examine
whether these generate international responsibility for the State.
2.
Rights of the family (Article 17), Right to a name (Article 18),
and Rights of the Child (Article 19)
184. Regarding the rights of the child enshrined in the Convention, the Court has
established that children have special rights which correspond to specific obligations
of the family, society, and the State. Additionally, their condition demands special
protection by the latter, which must be understood as an additional right and
complementary to the other rights recognized to all persons under the Convention.204
The prevalence of the best interests of the child must be understood as the need to
satisfy all of the rights of the child, which binds the State and affects the
interpretation of all other rights contained in the Convention when the case refers to
minors.205 Likewise, the State must pay special attention to the needs and the rights
of children, considering their particularly vulnerable condition.
185. Likewise, the Court has established on repeated occasions, through the
analysis of the general rule enshrined in Article 1(1) of the American Convention,
that the State is obliged to respect the rights and freedoms recognized therein, and
to organize the public authorities so as to guarantee to all individuals subject to its
jurisdiction the free and full exercise of human rights206. This obligation not only
assumes that States will refrain from inferring inadequately the rights guaranteed in
the Convention (negative obligation), but also, in light of their obligation to
guarantee the full and free exercise of human rights, requires that the States adopt
all necessary measures to protect and preserve the rights (positive obligation)207 of
all those subject to its jurisdiction.
186. In view of the foregoing, the Court notes that at the time when the State
recognized the Court’s obligatory jurisdiction, Ramiro Osorio Cristales was a child208.
Consequently, the State owed him special, additional, and complementary measures
of protection, so as to guarantee the enjoyment and exercise of his rights, including
the right to a family and right to a name. Consequently, the Court will analyze the
alleged violation of Article 19 of the Convention along with the other violations
claimed.
*
*
*
204
Cf. Juridical Condition and Human Rights of the Child. Advisory Opinion OC-17/02 of August 28,
2002. Series A No. 27, para. 53, 54 and 60; Case of the Girls Yean and Bosico v. Dominican Republic.
Preliminary Objections, Merits, Reparations and Costs. Judgment of September 8, 2005, Series C No. 130,
para. 133, and Case of Servellón García et al. v. Honduras. Merits, Reparations and Costs. Judgment of
September 21, 2006. Series C No. 152, para. 113.
205
Cf. Juridical Condition and Human Rights of the Child. Advisory Opinion OC-17/02, supra note
204, para. 56, 57 and 60, and Case of the Girls Yean and Bosico v. Dominican Republic, supra note 204,
para. 134.
206
Cf. Case of Velásquez Rodríguez. Merits, supra note 30, para. 165 to 167; Case of Ximenes Lopes
v. Brazil. Merits, Reparations and Costs. Judgment of July 4, 2006. Series C No. 149, para. 97, and Case of
the Sawhoyamaxa Indigenous Community v. Paraguay. Merits, Reparations and Costs. Judgment of March
29, 2006. Series C No. 146, para. 142.
207
Cf. Case of Velásquez Rodríguez. Merits, supra note 30, para. 164; Case of Zambrano Vélez et al.
v. Ecuador, supra note 109, para. 80, and Case of Vargas Areco v. Paraguay. Merits, Reparations and
Costs. Judgment of September 26, 2006. Series C No. 155, para. 75.
208
The Court takes cognizance that at the time of the State’s acceptance of the Court’s jurisdiction in
1987, Ramiro and Armando were 11 and 16 years old, respectively, hence the Court will refer to the
alleged victim as children. Cf. Juridical Condition and Human Rights of the Child. Advisory Opinion OC17/02 supra note 203, para. 42.
Seleccionar párrafo de destino3
Conectar a un párrafo
Connect to an entity
Disable highlights
Añadir a la tabla de contenidos