51
[such] measures […] is a responsibility both of the State, and of the family, the community
and the society to which the [child] belongs.”219 In addition, the Court has “reiterated that
cases in which the victims of human rights violations are children are especially
egregious”220 because, “[o]wing to their level of development and vulnerability, they require
protection that ensures the exercise of their rights within the family and society and with
regard to the State.”221 Thus, the “[a]ctions taken by the State and by society regarding
protection of children and promotion and preservation of their rights should follow [the
criteria of the best interests of the child].”222 Furthermore, Article 7 of the Convention of
Belém do Pará, over which the Court has competence (supra para. 32), establishes the
State’s duties “to prevent, punish and eradicate violence [against women],”223 which specify
and complement the rights established in the American Convention, such as those
established in Articles 4, 5 and 7.224
134. From the above it can be inferred that, in keeping with this normative framework
concerning violence against women, the obligation to ensure rights acquires special
significance in relation to girl children. This is so because the intrinsic vulnerability of
childhood225 may be enhanced, due to the fact that they are female. In this regard, it should
be noted that girls are, as has been stated, “particularly vulnerable to violence.”226 The
special significance mentioned translates into the State’s obligation to act with greater and
more rigorous diligence to protect and ensure the exercise and enjoyment of the rights of
girl children in response to the fact or the mere possibility of their vulnerability in the
presence of acts that actually or potentially involve gender-based violence or could result in
this type of violence.
135. The obligation of prevention is one aspect of the obligation to ensure rights that, as
the Court has stated:
Includes all those measures of a juridical, political, administrative and cultural nature that promote
the protection of human rights and ensure that any violations are considered and treated as wrongful
acts that, as such, may lead to the punishment of those responsible, and the obligation to
219
Juridical Status and Human Rights of the Child. Advisory Opinion OC-17/02 of August 28, 2002. Series A
No. 17, para. 62, and Case of Mendoza et al. v. Argentina. Preliminary objections, merits and reparations.
Judgment of May 14, 2013. Series C No. 260, supra, para. 141.
220
Case of the “Street Children” (Villagrán Morales et al.) v. Guatemala. Merits. Judgment of November 19,
1999. Series C No. 63, para. 146, and Case of the Pacheco Tineo Family, supra, para. 217.
221
Cf. Juridical Status and Human Rights of the Child, supra, para. 93, and Case of Mendoza et al., supra,
para. 144.
222
Cf. Juridical Status and Human Rights of the Child, supra, para. 59, and Case of Mendoza et al., supra,
para. 143.
223
Regarding the concept of “violence against women” established in the treaty, it is pertinent to refer to
Article 3 of the Convention of Belém do Pará, which indicates the right of “[e]very woman to be free from violence
in both the public and private spheres.”
224
Cf. Case of the Miguel Castro Castro Prison v. Peru. Merits, reparations and costs. Judgment of November
25, 2006. Series C No. 160, para. 346, and Case of Gudiel Álvarez (Diario Militar), supra, para. 275.
225
The Committee on the Rights of the Child has indicated that “[a]t a universal level all children aged 0-18
years are considered vulnerable until the completion of their neural, psychological, social and physical growth and
development.” Committee on the Rights of the Child. General Comment No. 13: The right of the child to freedom
from all forms of violence. UN Doc. CRC/C/GC/13, 18 April 2011, para. 72. María Isabel Veliz Franco, who was 15
years of age at the time of her disappearance and death, is considered to be a child, because neither the
arguments nor the evidence provided to the Court reveal that domestic law provides for a different age of majority.
226
The Beijing Declaration and Platform for Action, adopted at the sixteenth plenary session of the Fourth
World Conference on Women on 15 September 1995, para. 116. Similarly, the former United Nations Commission
on Human Rights had stated that “some groups of women, such as […] the girl child, […] are especially targeted
and vulnerable to violence.” Cf. The elimination of violence against women. Resolution 1998/52 of the Commission
on Human Rights. Fifty-second session, 17 April 1998, sixth preambular paragraph. More recently, the Committee
on the Rights of the Child has indicated that “[b]oth girls and boys are at risk of all forms of violence, but violence
often has a gender component.” Cf. Committee on the Rights of the Child. General Comment No. 13: The right of
the child to freedom from all forms of violence, supra, para. 19