99. The guarantees enshrined in Articles 8 and 25 of the Convention are recognized for all people
equally, and must correlate with the specific rights it establishes and with Article 19, in such a way
that they are reflected in any administrative or judicial processes in which children's rights are
discussed.174 In this regard, in compliance with Article 19 of the American Convention, States must
adopt specific, special measures in cases where the victim is a child or adolescent, especially in the
event of an act of sexual violence and, more so, in cases of rape, without prejudice to the standards
established in cases of violence and rape against adult women.175 Consequently, in the framework of
this case, the Court will analyze the alleged violations of rights to the detriment of a girl, not only
based on international instruments related to violence against women, but will also examine them in
light of the international corpus juris for the protection of children,176 which must serve to define the
content and scope of the obligations assumed by the State when analyzing the rights of persons
under 18 years of age,177 and in this particular case, of the enhanced state obligation of due diligence.
100. Thus, it should be emphasized that the special protection measures that the State must adopt
are based on the fact that children and adolescents are considered more vulnerable to human rights
violations, which will also be determined by different factors such as, inter alia, age, the particular
conditions of each individual, their degree of development and maturity.178 As stated by expert
witness Cillero, age is a potential factor of discrimination because “girls and adolescents, due to their
age, do not have the social or legal legitimacy to make important decisions in matters of education,
health and in relation to their sexual and reproductive rights.”179 Furthermore, as has already been
pointed out by the Court, in the case of girls, said vulnerability to human rights violations can be
framed and enhanced by factors of historical discrimination that have contributed to women and girls
suffering higher rates of sexual violence, especially in the family environment.180
101. As the Court has pointed out, the duty to guarantee takes on special intensity when girls are
victims of a crime of sexual violence and participate in investigations and criminal proceedings,181 as
in this case.
174
Cf. Advisory Opinion OC-17/02, supra, para. 95.
175
Cf. Case of V.R.P., V.P.C. et al. v. Nicaragua, supra, para. 156.
This Court has established in reiterated case law that both the American Convention and the Convention on the Rights
of the Child, as well as other international instruments of varied content and legal effects that serve as a guide to interpretation,
are part of a very comprehensive international corpus juris of protection of children and adolescents. This must serve to establish
the content and scope of the general provision defined in Article 19 of the American Convention, read in conjunction with
other rights contained therein, when the holder of rights is a person under 18 years of age. Cf. Rights and guarantees of
children in the context of migration and/or in need of international protection. Advisory Opinion OC-21/14 of August 19, 2014.
Series A No. 21, para. 60; Case of the “Street Children” (Villagrán Morales et al.) v. Guatemala. Merits, supra, para. 194, and
Case of V.R.P., V.P.C. et al. Vs. Nicaragua, supra, para. 42.
176
177
Cf. Case of the Pacheco Tineo Family v. the Plurinational State of Bolivia. Preliminary Objections, Merits, Reparations
and Costs. Judgment of November 25, 2013. Series C No. 272, para. 217, and Case of V.R.P., V.P.C. et al. v. Nicaragua,
supra, para. 155.
178
Cf. Cf. Advisory Opinion OC-17/02, supra, para. 61; Advisory Opinion OC-21/14, supra, para. 71, and Case of V.R.P.,
V.P.C. et al. v. Nicaragua, supra, para. 156.
179
Written version of the expert opinion of Miguel Cillero Bruñol, supra (evidence file, folio 11686). In a similar vein, UN
Women, UNDP, UNODC and OHCHR. “A Practitioner’s Toolkit on Women’s Access to Justice Programming.” 2018. Available
at:https://www.unwomen.org/sites/default/files/Headquarters/Attachments/Sections/Library/Publications/2018/WA2JComplete-toolkit-en.pdf.
180
Cf. Case of V.R.P., V.P.C. et al. v. Nicaragua, supra, para. 156.
The Convention of Belém do Pará itself considered it pertinent to highlight that state policies aimed at preventing,
punishing and eradicating violence against women had to take into account a girl or adolescent’s vulnerability to violence.
Said Convention establishes in its Article 9 that the States Parties will take special account of the vulnerability of women to
violence due to being a person under 18 years of age, so that in cases in which a girl or adolescent is a victim of violence
against women, in particular sexual violence or rape, state authorities must take particular care in the development of
investigations and processes at the domestic level, as well as when adopting protection and support measures during and
after the process, in order to achieve the victim’s rehabilitation and reintegration. Cf. Case of V.R.P., V.P.C. et al. v. Nicaragua,
supra, paras. 156 and 157.
181
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