62
Aime, Berson Gelin, Ana Virginia Nolaco, Ana Lidia Sensión, Reyita Antonia Sensión, Andrea Alezy,
Rafaelito Pérez Charles, Víctor Jean, Marlene Mesidor, McKenson Jean, Victoria Jean, Miguel Jean and
Nathalie Jean.
H.
Rights of the child (Article 19 of the American Convention) in relation to the
obligation to ensure the Convention-protected rights without discrimination
(Article 1(1) thereof)
294.
Article 19 of the American Convention provides that
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.
295.
As for the interpretation of the obligations emanating from Article 19 of the Convention,
the Commission has written that:
Under the international law on the interpretation of treaties, the American Convention and the CRC
are part of a body of related norms or corpus juris for the protection of the rights of children and
adolescents. That corpus juris must be taken into account when interpreting Article 19 of the
American Convention 13 and Article VII of the American Declaration, which guarantee children’s
rights to special measures of protection on the part of their family, society and the State. The
concept of a corpus juris on the subject of children is an acknowledgement of the existence of a
body of basic rules whose purpose is to guarantee the human rights of children and adolescents.
The Inter-American Commission referred to this concept in the following terms: For an
interpretation of a State's obligations vis-à-vis minors, in addition to the provision of the American
Convention, the Commission considers it important to refer to other international instruments that
contain even more specific rules regarding the protection of children. Those instruments include the
Convention on the Rights of the Child and the various United Nations declarations on the subject.
This combination of the regional and universal human rights systems for purposes of interpreting
the Convention is based on Article 29 of the American Convention and on the consistent practice of
269
the Court and of the Commission in this sphere.
296.
The existence of a universal principle of protection of children has been recognized
internationally, given their position of “disadvantage and greater vulnerability” vis-à-vis other sectors of
270
the population and given their specific needs.
The commitment to protect children is guaranteed in a
number of international instruments that establish special protection for them as children. These include
271
the Protocol of San Salvador, the International Covenant on Civil and Political Rights, the Convention
272
on the Rights of the Child, and others.
297.
Given the special situation of children, under the American Convention States have an
obligation to provide special protection to children, one that transcends the general obligation to respect
rights, set forth in Article 1(1) of that instrument, and which is a non-derogable right under Article 27 of the
269
IACHR, Juvenile Justice and Human Rights in the Americas, OEA/Ser.L/V/II. Doc. 78, July 13, 2011, paragraphs 1516, citing IACHR Report No. 41/99, Case 11.491, Admissibility and Merits, Minors in Detention, Honduras, March 10, 1999,
paragraph 72.
270
I/A Court H.R.. Juridical Condition and Human Rights of the Child. Advisory Opinion OC-17/02 of August 28, 2002.
Series A No. 17, p. 12.
271
272
Protocol of San Salvador, Article 16.
The Convention on the Rights of the Child and the Declaration of the Rights of the Child also provide that in all actions
concerning children, the best interests of the child shall be the primary consideration. See Art. 3. Other provisions of the
Convention make specific reference to the rights to be registered and to nationality (Art. 7), identity, name and family (Art. 8); Article
2 provides that children are not to be subject to discrimination or punishment based on their parents’ status. . Doc. G.A. Res. 44/25,
Annex, 44 U.N. GAOR Suppl. (no. 49) en 167, U.N. Doc. A/44/49 (1989), (in force since September 2, 1990). See also the United
Nations’ International Covenant on Civil and Political Rights, Article 24.