70
inappropriate,265 and iii) to ensure that children are not interogated on several occasions
to avoid, to the extent possible, the revictimization or traumatic effects of the child.266
202. As a consequence, considering that Mrs. Rosendo Cantu was a girl child at the
time the facts occurred, that she did not count on special measures appropriate for her
age, and the acknowledgment of responsibility of the State, the Court declares that the
State violated her right to special protection given Mrs. Rosendo Cantú status as a girl
child, enshrined in Article 19 of the American Convention, in relation with Article 1(1)
thereof.
XI
REPARATIONS
(Application of Article 63(1) of the American Convention267)
203. Based on the provisions of Article 63(1) of the American Convention, the Court
has indicated that any violation of an international obligation that has produced harm
entails the obligation to repair it adequately268 and that this provision “embodies a
customary norm that constitutes one of the fundamental principles of contemporary
international law on State responsibility.”269
204. This Court has established that reparations must be related to the facts of the
case, the violations that have been declared, the damage proven, and the measures
requested to repair the respective damage. Consequently, the Court must respect all
these factors to ensure that its ruling is appropriate and in keeping with the law.270
205. The Court will proceed to examine the claims submitted by the Commission and
the representatives, as well as the State’s arguments, so as to order measures designed
to repair the damage caused to the victims. Regarding the State’s arguments, the Court
observes that it presented specific arguments with regard to only some of the requested
measures of reparation. Notwithstanding, Mexico requested in a general manner that the
Court reject “any claim for reparation presented by the [Commission] or the petitioners.”
In addition, it requested that the measures ordered “should be designed to repair the
violation […] committed and not to make the victims more rich, […] nor to provide a
double reparation.” Lastly, it requested that the Court consider the measures of public
policy implemented by the State as guarantees of non-repetition.
206. The Court does not lose sight that Mrs. Rosendo Cantú is an indigenous woman, a
girl child at the time the violations occurred, and whose situation of particular
265
Cf. Committee on the Rights of the Child. General Comment 12: The right of the child to be heard,
supra note 263, para. 21 in fine, 34 and 64.
266
Cf. Committee on the Rights of the Child. General Comment 12: The right of the child to be heard,
supra note 263, para. 24.
267
Article 63(1) of the American Convention establishes that: “If the Court finds that there has been a
violation of a right or freedom protected by [the] Convention, the Court shall rule that the injured party be ensured
the enjoyment of his right or freedom that was violated. It shall also rule, if appropriate, that the consequences of
the measure or situation that constituted the breach of such right or freedom be remedied and that fair
compensation be paid to the injured party.”
268
Cf. Case of Velásquez Rodríguez v. Honduras. Reparations and Costs. Judgment of July 21, 1989.
Series C No. 7, para. 25; Case of Chitay Nech et al., supra note 25, para. 227, and Case of Manuel Cepeda
Vargas, supra note 25, para. 211.
269
Cf. Case of Castillo Páez v. Perú. Reparations and Costs. Judgment of November 27, 1998. Series C
No. 43, para. 43; Case of Chitay Nech et al., supra note 25, para. 227, and Case of Manuel Cepeda Vargas,
supra note 25, para. 211.
270
Cf. Case of Ticona Estrada et al. v. Bolivia. Merits, Reparations, and Costs. Judgment of November 27,
2008. Series C No. 191, para. 110; Case of Radilla Pacheco, supra note 36, para. 362, and Case of the Dos
Erres Massacre, supra note 27, para. 227.
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