64
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their aptitudes and to enable them to realize their full potential.
It also wrote that Article 19 of the
Convention must be construed as an added right which the Convention establishes for those who,
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because of their physical and emotional development, require special protection.
302.
The Court concluded that education and care for the health of children require various
measures of protection and are the key pillars to ensuring that they enjoy a decent life since, given their
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immaturity and vulnerability, they often lack adequate means to effectively defend their rights.
303.
On the question of separating children from their families, the Court held that
while children are the titulaire of human rights, they exercise those rights progressively, as they
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develop and grow into a greater degree of personal autonomy; in early childhood their rights are
exercised by way of family members. Consequently, separating a child from his or her family
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necessarily means a diminishment in the child’s exercise of his/her liberty. .
304.
In line with this, the Convention on the Rights of the Child stipulates that children have
multiple rights that must be ensured by States without discrimination (article 2). It also establishes that in
all actions concerning children, the best interests of the child shall be a primary consideration (article 3).
Furthermore, the Convention provides, inter alia: (i) the child shall be registered immediately after birth
and shall have the right from birth to a name, the right to acquire a nationality and. as far as possible, the
right to know and be cared for by his or her parents (article 7), (ii) the right of the child to preserve his or
her identity, including nationality, name and family relations as recognized by law without unlawful
interference (article 8) and (iii) the child shall in particular be provided the opportunity to be heard in any
judicial and administrative proceedings affecting the child, either directly, or through a representative or
an appropriate body, in a manner consistent with the procedural rules of national law (article 12).
305.
In relation to the principle of the best interest of the child, the Court also held that this
overriding principle should be interpreted as a requirement incumbent upon States to satisfy all rights of
the child. All other rights protected under the Convention must be interpreted with this principle in mind
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when the case is one involving a minor.
306.
With respect to the right to identity and the interpretation of the provisions of the
Convention on the Rights of the Child, the Inter-American Court held
the Court has recognized that the right to identity is not expressly provided for in the American
Convention. However, Article 29(c) of this instrument establishes that “[n]o provision of this
Convention shall be interpreted as […] precluding other rights or guarantees that are inherent in the
human personality or derived from representative democracy as a form of government.” In this
regard, the Court has used the “Norms on Interpretation” of this article to clarify the content of
certain provisions of the Convention so that an important source of reference regarding Article
29(c) of the American Convention and the corpus juris of international human rights law, is the
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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, paragraph 56; Case of the Gómez Paquiyauri Brothers v. Peru. Merits, Reparations and Costs. Judgment of July
8, 2004. Series C No. 110, paragraph 163.
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I/A Court H.R., Case of the “Juvenile Reeducation Institute” v. Paraguay. Preliminary Objections, Merits, Reparations
and Costs. Judgment of September 2, 2004. Series C No. 112, paragraph 147; Case of Servellón García v. Honduras. Merits,
Reparations and Costs. Judgment of September 21, 2006. Series C. No. 152, paragraph 113.
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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, paragraph 86.
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UN, Committee on the Rights of the Child. General Comment No. 7, Implementing child rights in early childhood, 40th
session (2006), U.N. Doc. CRC/C/GC/7/Rev.1 (2006), paragraph 17.
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I/A Court H.R., Case of Gelman v. Uruguay. Merits and Reparations. Judgment of February 24, 2011. Series C No.
221, paragraph 129.
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I/A Court H.R., 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, paragraph 134.