- 3126.
that:
In the case of the rights of the family, Article 17 of the Convention establishes
1. The family is the natural and fundamental group unit of society and is entitled to
protection by society and the state.
2. The right of men and women of marriageable age to marry and to raise a family shall
be recognized, if they meet the conditions required by domestic laws, insofar as such
conditions do not affect the principle of nondiscrimination established in this Convention.
[…]
127. With regard to the right to a name, Article 18 of the American Convention
stipulates that:
Every person has the right to a given name and to the surnames of his parents or that of
one of them. The law shall regulate the manner in which this right shall be ensured for all,
by the use of assumed names if necessary.
128. In relation to the rights of a child, Article 19 of the American Convention
indicates that:
Every 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
129. The Court emphasizes that, in the instant case, the historical context of the
alleged violations of the American Convention is the armed conflict in which El
Salvador was engaged from 1980 to 1991 (supra para. 48(1)). In 1996, the
Asociación Pro-Búsqueda de Niños y Niñas Desaparecidos filed a complaint before
the Ombudsman's Office in which it set out the issue of the children who disappeared
during the armed conflict by describing several cases, including that of the sisters,
Ernestina and Erlinda Serrano Cruz. The facts of this case were being investigated by
the Chalatenango Trial Court in a criminal proceedings “filed against members of the
Atlacatl Battalion under the inappropriate criminal offence of abduction from personal
care (sustracción del cuidado personal) of the minors, Erlinda and Ernestina
Serrano,” “in [a military] operation of June 2, 1982,” known as the “guinda de mayo”
(supra para. 48(2)).
130. In this regard, this Court bears in mind that, at the date of this judgment,
should they be alive, Ernestina Serrano Cruz would be 29 years old and Erlinda
Serrano Cruz would be between 26 and 27 years old (supra para. 48(78) and
48(79)), and also that the internal armed conflict in which El Salvador was engaged
has ceased. Accordingly, the Court considers that, even though Ernestina and Erlinda
Serrano Cruz would be adults now, it cannot fail to take into account that they were
children at the time of the facts under investigation by the Chalatenango Trial Court
(supra para. 48(22)), and one of them, Erlinda, was a child when El Salvador
accepted the Court's jurisdiction. Hence, the Court will examine the overall problem
of the search for the children who disappeared during the internal armed conflict,
which, in many cases, has now been transformed into the search for youths and
adults. This problem also has an impact on the next of kin of those who disappeared
(supra para. 48(1), 48(4) and 48(7)) and dealing with it requires the State to comply
with its post-conflict obligations.
131. The Court observes that, due to the characteristics of this case, the alleged
victims, Ernestina and Erlinda Serrano Cruz, and their next of kin, who continue to
search for them, are an example of the current problems that El Salvador must face
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