50
Later on, in the Merits Report, although it did not consider that Article 7 had been violated
to the detriment of María Isabel, it concluded that she had been the victim of the violation
of Article 5. In the instant case, in view of the grounds indicated by the Commission in the
Admissibility Report, it is in order for the Court to examine the alleged failure to respect
these norms.212 In this regard, the Court finds it pertinent to make a joint analysis of the
alleged violations of the rights to life,213 personal integrity, and personal liberty, in relation
to the rights of the child,214 the right to equal protection of the law,215 and the obligations to
ensure the rights without discrimination,216 to adopt domestic legal provisions, and to
prevent, punish and eradicate violence against women. 217 This is because the specific
circumstances of the events that occurred in this case reveal the interrelation of the said
violations of different rights and obligations making it appropriate to examine them
together.
B.1) Guarantee obligations
133. Based on the characteristics of the case sub examine, it should be noted that, with
regard to children, the above-mentioned rights and obligations must be observed within the
framework of compliance with Article 19 of the American Convention and, when pertinent,
based on the provisions of the Convention of Belém do Pará. As the Court has stated on
other occasions, Article 19 of the Convention establishes the right of “children to […] special
measures of protection [that] must be defined in accordance with the particular
circumstances of each specific case.”218 The Court has also indicated that “[a]doption of
212
In its decision on admissibility, the Commission considered “that the facts described [in the petition] do
not provide sufficient grounds to characterize a violation of the right to personal integrity […], or the right to
personal liberty […] with regard to María Isabel Veliz Franco.” Despite this, the Commission also stated “that, at
this stage of the proceedings, it is not incumbent on the Commission to determine whether or not the alleged
violations occurred.”
213
The pertinent part of Article 4 of the American Convention establishes: “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. […]”.
214
Article 19 of the American Convention stipulates: “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.”
215
Article 24 of the American Convention establishes: “All persons are equal before the law. Consequently,
they are entitled, without discrimination, to equal protection of the law.”
216
Article 1(1) of the American Convention stipulates:
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.
2. For the purposes of this Convention, "person" means every human being.
217
Article 7 of the Convention of Belém do Pará indicates : “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) apply due diligence to prevent, investigate and impose penalties for violence against women; (c)
include in their domestic legislation penal, civil, administrative and any other type of provisions that may be
needed to prevent, punish and eradicate violence against women and to adopt appropriate administrative
measures where necessary; (d) adopt legal measures to require the perpetrator to refrain from harassing,
intimidating or threatening the woman or using any method that harms or endangers her life or integrity, or
damages her property; (e) take all appropriate measures, including legislative measures, to amend or repeal
existing laws and regulations or to modify legal or customary practices which sustain the persistence and tolerance
of violence against women; (f) establish fair and effective legal procedures for women who have been subjected to
violence which include, among others, protective measures, a timely hearing and effective access to such
procedures; (g) establish the necessary legal and administrative mechanisms to ensure that women subjected to
violence have effective access to restitution, reparations or other just and effective remedies; and (h) adopt such
legislative or other measures as may be necessary to give effect to this Convention.”
218
Case of Gelman v. Uruguay. Merits and reparations. Judgment of February 24, 2011. Series C No. 221,
para. 121, and Case of Pacheco Tineo, supra, para. 277.