IV.
ANALYSIS OF LAW
A.
Right to life99, humane treatment100, honor and dignity101, rights of the child102, right to
equal protection103 and right to education and health, (Articles 4, 5, 11, 19, 24, and 26
in conjunction with Article 1.1104 of the American Convention), the right to education
(Article 13 105 of the Protocol of San Salvador) and the right to live a life free from
violence (Article 7. a and 7.b) 106 of the Convention of Belem do Pará)
1.
General considerations regarding the right of children and adolescents not to be subject
to any form of violence and regarding violence against women and girls
92.
Regarding the duty to provide special protection and the principle of the best interests of the
child, the Inter-American Court has stated that children are holders of the rights set forth in the American
Convention, in addition to enjoying the special protection rights provided for in Article 19 thereof that need to
be defined according to the specific circumstances of each concrete case. 107 With respect to Article 11.2 of the
American Convention., the Court has pointed out that although Article 11 refers to respect for a person's honor
and recognition of his or her dignity, it also covers protection of a person's private life. 108 For its part, the
concept of a "private life" is broad and difficult to define exhaustively, but it includes, among other protected
spheres, a person's sex life and his or her right to take decisions in that area.109
93.
General Comment No. 13 of the Committee on the Rights of the Child construes violence
against children and adolescents to mean "“all forms of physical or mental violence, injury or abuse, neglect or
negligent treatment, maltreatment or exploitation, including sexual abuse." 110 It also asserts "Children’s
survival and their “physical, mental, spiritual, moral and social development ... are severely negatively impacted
by violence" and the short- and long-term health consequences of violence against children may include: fatal
injury; non-fatal injury; physical health problems; cognitive impairment (including impaired school
performance); psychological and emotional consequences; mental health problems and mental health-risk
behaviors.111
Article 4.1: Every person has the right to have his life respected. This right shall be protected by law and, in general, from the moment of
conception. No one shall be arbitrarily deprived of his life.
100 Article 5.1: Every person has the right to have his physical, mental, and moral integrity respected.
101 Article 11.1: Everyone has the right to have his honor respected and his dignity recognized.
102 Article 19: 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.
103 Article 24: All persons are equal before the law. Consequently, they are entitled, without discrimination, to equal protection of the law.
104 Article 1.1: The States Parties to this Convention undertake to respect the rights and freedoms recognized herein and to ensure to all
persons subject to their jurisdiction the free and full exercise of those rights and freedoms, without any discrimination for reasons of race,
color, sex, language, religion, political or other opinion, national or social origin, economic status, birth, or any other social condition.
105 Article 13 of the Protocol of San Salvador provides, 1. Everyone has the right to education; 2. The States Parties to this Protocol agree
that education should be directed towards the full development of the human personality and human dignity and should strengthen respect
for human rights, ideological pluralism, fundamental freedoms, justice and peace. They further agree that education ought to enable
everyone to participate effectively in a democratic and pluralistic society and achieve a decent existence and should foster understanding,
tolerance and friendship among all nations and all racial, ethnic or religious groups and promote activities for the maintenance of peace.
106 Article 7 of the Convention of Belém do Pará states that: The States Parties condemn all forms of violence against women and agree to
pursue, by all appropriate means and without delay, policies to prevent, punish and eradicate such violence and undertake to: a. refrain
from engaging in any act or practice of violence against women and to ensure that their authorities, officials, personnel, agents, and
institutions act in conformity with this obligation; b. o act with due diligence to prevent, investigate, and punish violence against women
(...).
107 I/A Court H.R. Case of Fornerón and daughter v. Argentina. Merits, Reparations and Costs. Judgment of April 27, 2012, Series C No. 242,,
par. 144; Case of Gelman v. Uruguay. Merits and Reparations. Judgment of February 24, 2011, Series C No. 221, par. 121.
108 I/A Court HR. Case of the Ituango Massacres v. Colombia. Preliminary Objection, Merits, Reparations and Costs. Judgment of July 1, 2006,
Series C No. 148, par. 193; Case of Tristán Donoso v. Panama. Preliminary Objection, Merits, Reparations and Costs. Judgment of January
27, 2009, Series C No. 193, par. 55.
109 I/A Court HR. Case of Rosendo Cantú et al. v. Mexico. Preliminary Objection, Merits, Reparations and Costs. Judgment of August 31,
2010, Series C No. 216, par. 119.
110 Committee on the Rights of the Child, General Comment No. 13: The right of the child to freedom from all forms of violence, 2011, par.
4.
111
Committee on the Rights of the Child, General Comment No. 13: The right of the child to freedom from all forms of violence, 2011, par.
15.
99