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inmates interned in the Center when the court delivered the ruling that granted the
petition of habeas corpus. It thus violated Article 25 of the American Convention, in
relation to Article 1(1) thereof. That violation was compounded by the State’s failure
to provide the special measures of protection to which the inmates were entitled as
children. The list of those inmates is attached to the present Judgment and is part
thereof.
XII
ARTICLE 26 OF THE AMERICAN CONVENTION
IN RELATION TO ARTICLE 1(1) THEREOF
(PROGRESSIVE DEVELOPMENT OF ECONOMIC, SOCIAL,
AND CULTURAL RIGHTS)
Pleadings of the Commission
252. The Commission did not allege violation of Article 26 of the American
Convention. The Commission was of the view that:
a)
as the State contends, the representatives did not allege that the
State violated Article 26 of the Convention or Articles XI, XII, XIII and XV of
the American Declaration of the Rights and Duties of Man either in its original
petition or throughout the approximately five years that the case was before
the Commission. The Commission, therefore, never forwarded any such
arguments of law to the State, nor were they debated in the Commission’s
proceedings on the case;
b)
if the representatives’ pleading is a motion for the Court asserting a
separate State violation of Article 26 of the American Convention, then it
would not come under the present case, as the procedural opportunity to
have filed that motion has already passed; and
c)
should the Court deem that the purpose of the invocation of Article 26
of the Convention and the other Articles cited from the American Declaration
and from the Convention on the Rights of the Child is to guide the
interpretation of Article 19 of the Convention, the Commission would have no
objection.
Pleadings of the representatives
253. Concerning Article 26 of the American Convention, the representatives
asserted that:
a)
Article 26 of the Convention must be studied in relation to Article 19
thereof, Articles XI, XII, XIII and XV of the American Declaration of the Rights
and Duties of Man, and Articles 24, 28, 29 and 31 of the Convention on the
Rights of the Child;
b)
the State failed to comply with its obligation to ensure even the
minimum enjoyment of these rights in the case of the juveniles interned in
the Center, who were in a highly vulnerable situation;
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