and the state specific duties.165 This Court has repeatedly emphasized the existence of a “very
comprehensive corpus juris of international law for the protection of the rights of children [and girls],”
which must be used as a source of law by the Court to establish “the content and scope” of the
obligations that the States have assumed through Article 19 of the American Convention with respect
to children, particularly when specifying the “protection measures” referred to in the aforementioned
provision.166 The Court has already highlighted that, when it comes to the protection of the rights of
children and the adoption of measures to achieve such protection, the following four guiding
principles of the Convention on the Rights of the Child must be seen as cross-cutting in their focus
and be implemented in every comprehensive protection system: the principle of non-discrimination,
the principle of the best interest of the child, the principle of respect for the right to life, survival and
development, and the principle of respect for the child’s opinion in any procedure that affects them,
in order to guarantee their participation.167
97. Furthermore, the status of being a child requires special protection that must be understood as
an additional and supplementary right to the other rights recognized in the American Convention for
every person. The prevalence of the child’s best interests must be understood as the need to satisfy
all the rights of children and adolescents, creating an obligation for the State and effects that
influence the interpretation of all the other rights of the Convention for cases involving children.168
The best interest of the child constitutes a mandated priority that applies both at the time of
interpretation and when making necessary decisions in situations where the rights are in conflict.169
The best interest of the child will be shaped by listening to them and weighing the rights involved,
through an argument that gives preponderance to the rights of the child in the specific case.170
98. This Court has understood that, in accordance with Article 19 of the American Convention, the
State is obliged to promote special protection measures guided by the principle of the best interest
of the child, undertaking its position of guarantor with greater care and responsibility considering
their especially vulnerable condition.171 Children’s best interest is based on human dignity itself, on
their own characteristics, and on the need to promote their development.172 In turn, Article 3 of the
Convention on the Rights of the Child establishes that in all measures concerning children taken by
public or private social welfare institutions, courts, administrative authorities or legislative bodies,
the child’s best interests will be a primary consideration taken into account. In relation to this
principle, the Committee on the Rights of the Child has noted that “every legislative, administrative
and judicial body or institution is required to apply the best interests principle by systematically
considering how children’s rights and interests are or will be affected by their decisions and actions
- by, for example, a proposed or existing law or policy or administrative action or court decision,
including those which are not directly concerned with children, but indirectly affect children.”173
Cf. Juridical condition and human rights of the child. Advisory Opinion OC-17/02 of August 28, 2002. Series A No. 17,
para. 54, and Advisory Opinion OC-29/22, supra, paras. 171 and 190.
165
166
Cf. Case of the “Street Children” (Villagrán Morales et al.) v. Guatemala. Merits. Judgment of November 19, 1999.
Series C No. 63, paras. 192 to 194, and Advisory Opinion OC-29/22, supra, para. 171.
167
Cf. Advisory Opinion OC-29/22, supra, para. 172.
Cf. Case of Río Negro Massacres v. Guatemala. Preliminary Objections, Merits, Reparations and Costs. Judgment of
September 4, 2012, para. 120, and Advisory Opinion OC-29/22, supra, para. 190.
168
169
Cf. Advisory Opinion OC-29/22, supra, para. 192.
170
Cf. Advisory Opinion OC-29/22, supra, para. 192.
Cf. Case of Vera Rojas et al. v. Chile. Preliminary Objections, Merits, Reparations and Costs. Judgment of October 1,
2021. Series C No. 439, para. 104, and Advisory Opinion OC-29/22, supra, para. 187.
171
172
Cf. Advisory Opinion OC-17/02, supra, para. 56, and Advisory Opinion OC-29/22, supra, para. 187.
Cf. Committee on the Rights of the Child. General Comment No. 5: General measures for the implementation of the
Convention on the Rights of the Child (Articles 4, 42 and Article 44, paragraph 6), CRC/GC/2003/5, November 27, 2003, para.
12; Advisory Opinion OC-17/02, supra, para. 56, and Advisory Opinion OC-29/22, supra, para. 188.
173
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