55
2.4
Concerning the children who were victims of the violence (Article 19 of the American
Convention, read in conjunction with Article 1(1) thereof)
237. Article 19 of the American Convention provides that “[e]very 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.” As the Court has held, this provision must be construed as an added right which that
Convention establishes for those who, because of their physical and emotional development, require
special protection.329 Thus, children have the same human rights that all persons enjoy, as well as special
rights by virtue of their status as children.
238.
The Court held that “[a]doption of special measures to protect children is a
responsibility both of the State and of the family, community, and society to which they belong.”330
Such measures must be based on the principle of the best interests of the child, which takes into
consideration i) the special characteristics of the child; ii) the need to allow him or her to develop his or
her full potential, and iii) the dignity of the individual.331 The Court has been emphatic in pointing out
that these special measures must be determined according to the particular needs of the child as a
332
subject of law.
239.
For purposes of establishing the content and scope of the general provision set forth in
Article 19 of the American Convention, the Inter-American Court has written that both the American
Convention and the Convention on the Rights of the Child form part of a very comprehensive
international corpus juris for the protection of the child.333 Furthermore, the special measures of
protection that the States must adopt in favor of indigenous children include the promotion and
protection of their right to live according to their own culture, their own religion and their own
language.334
329
I/A Court H.R., Case of the Ituango Massacres v. Colombia. Preliminary Objection, Merits, Reparations and Costs.
Judgment of July 1, 2006. Series C No. 148, par. 106; Case of Baldeón García v. Peru. Merits, Reparations and Costs. Judgment of
April 6, 2005. Series C No. 147, par.244; Case of the Mapiripán Massacre v. Colombia. Merits, Reparations and Costs. Judgment
of September 15, 2005. Series C No. 134, par.152; Case of the “Juvenile Re-education Institute” v. Paraguay. Preliminary
Objections, Merits, Reparations and Costs. Judgment of September 2, 2004. Series C No. 112, par.147; and Case of Servellón
García et al. v. Honduras. Merits, Reparations and Costs. Judgment of September 21, 2006, par. 113.
330
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, par.62.
331
I/A Court H.R., Case of the Ituango Massacres v. Colombia. Preliminary Objection, Merits, Reparations and Costs.
Judgment of July 1, 2006. Series C No. 148, par.244; Case of the Mapiripán Massacre v. Colombia. Merits, Reparations and
Costs. Judgment of September 15, 2005. Series C No. 134, par.134; 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, par.134; and Case of
the Yakye Axa Indigenous Community v. Paraguay. Merits, Reparations and Costs. Judgment of June 17, 2005. Series C No. 125,
par.172.
332
I/A Court H.R., Case of the Sawhoyamaxa Indigenous Community v. Paraguay. Merits, Reparations and Costs.
Judgment of March 29, 2006, par.154.
333
334
Ratified by the Guatemalan State on June 6, 1990.
I/A Court H.R., Case of the Río Negro Massacres v. Guatemala. Preliminary Objection, Merits, Reparations and
Costs. Judgment of September 4, 2012, Series C No. 250, par. 143.