- 5136. The Court explains that, in the instant case, it will not rule on the alleged violation of Article 19 of the American Convention to the detriment of the sisters, Ernestina and Erlinda Serrano Cruz, separately from its consideration of the rights to the protection of the family and to a name, and also the possible violation of their right to identity, but will include its decision in that respect when ruling on the other rights that are alleged to have been violated. In this regard, this Court, among other norms, will give particular consideration to Articles 7 and 8 of the United Nations Convention on the Rights of the Child, because they embody the right to identity explicitly and directly. * * * 137. In relation to the “Promotion and protection of the right of the child,” the General Assembly of the United Nations, when ruling on identity, family relationships and the registration of the birth of children, “in particular children in particularly difficult situations,” in its resolution 58/157 of December 22, 2003, urged and called upon States: […] to undertake to respect the right of the child to preserve his or her identity, including nationality, name and family relations as recognized by law, without unlawful interference and, where a child is illegally deprived of some or all of the elements of his or her identity, to provide appropriate assistance and protection with a view to speedily re-establishing his or her identity; [...] to ensure, as far as possible, the right of the child to know and be cared for by his or her parents[.] 138. Given that the exercise of the right to identity allows the individual to have access to personal and family information that will enable him to construct his own personal history and biography, the Court considers that the right to identity is an essential element of the life of all individuals and not only of children; moreover, its exercise is essential for establishing relationships with the different members of the family, and between each individual and society and the State. Consequently, in the instant case, the Court will examine two rights that form part of the content of the right to personal identity: a) the rights of the family; and b) the right to a name. * * a) * Rights of the family 139. The rights of the family, which are expressly established in Article 17 of the American Convention and Article 15 of the Additional Protocol to the American Convention on Human Rights in the matter of Economic, Social and Cultural Rights (“Protocol of San Salvador”), are one of the elements that give content to the right to identity. 140. As the Court has stated previously, recognition of the family as the natural and fundamental element of society, with the right to be protected by society and the State, is a basic principle of international human rights law.5 In addition to being 5 Cf. Juridical Condition and Human Rights of the Child. Advisory Opinion OC-17/02 of August 28, 2002. Series A No. 17, para.

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