37 139 protection, owing to their stage of physical and emotional development. Children, therefore, possess not only the same human rights that correspond to all persons, but also special rights accruing to their child status, in regard to which the family, society and the State have specific duties. In other words, 140 children are entitled to special measures of protection. 174. In sum, the rights of children must be safeguarded both in view of their status as human beings and by reason of their special condition, to which end special protective measures must be 141 adopted. This added obligation to provide protection and these special duties should be regarded as 142 determinable based on the needs of the child as a person with rights. As a corollary to the foregoing, any proceeding that might lead to the expulsion of a child to their country of origin or to a third country 143 should be oriented toward safeguarding the child's best interests. 175. In the instant case, Frida Edith, Juana Guadalupe, and Juan Ricardo Pacheco Tineo, the three children of Rumaldo Juan Pacheco Osco and Fredesvinda Tineo Godos, were of a young age at the time of the events. Given the characteristics of both the proceeding that culminated in the expulsion and the proceeding on the application for refugee status, it is plain that the special condition of the two girls and the boy were not considered in these decisions. In that regard, the conduct of the SENAMIG and the CONARE, which, as was concluded in the preceding section, violated several rights contained in the American Convention, also constituted a breach of the special duty of protection to the three children under article 19 of the American Convention. 176. Finally, the Commission finds that, in view of its analysis in the foregoing section on the right of the family to have their mental and moral integrity respected, that it is unnecessary to offer a separate finding on a possible violation of the right enshrined in article 17 of the American Convention. VI. CONCLUSIONS 177. Based on the foregoing considerations of fact and law, the Inter-American Commission concludes that: 1. By virtue of the principle of subsidiarity, the Comission will not rule on the alleged violation of the right to personal liberty contained in Article 7 of the American Convention with respect to Fredesvinda Tineo Godos. 2. The State of Bolivia is responsible for the violation of the right to a fair trial, the right to seek asylum and the principle of non-return, enshrined in articles 8, 22(7), and 22(8) of the American Convention, taken in conjunction with Article 1(1) of that instrument, to the detriment of Rumaldo Juan Pacheco Osco; Fredesvinda Tineo Godos; and the minors Frida Edith, Juana Guadalupe, and Juan Ricardo Pacheco Tineo. 139 I/A Court H.R., Case of the Ituango Massacres. Judgment of July 1, 2006. Series C, No. 148, par. 106; Case of Baldeón García, Judgment of April 6, 2005. Series C, No. 147, par. 244; Case of the “Mapiripán Massacre”, Judgment of September 15, 2005. Series C, No. 134, par. 152; and, in particular, Case of the “Juvenile Reeducation Institute”, Judgment of September 2, 2004. Series C, No. 112, par. 147, and Case of Servellón-García et al. Judgment of September 21, 2006, par. 113 140 I/A Court H.R. Advisory Opinion OC-17/2002, par. 62: Adoption of special measures to protect children is a responsibility both of the State and of the family, community, and society to which they belong. 141 I/A Court H.R., Case of the “Juvenile Reeducation Institute”, par. 160; Case of the Gómez Paquiyauri Brothers, pars. 124, 163-164, and 171; Case of Bulacio, pars. 126 and 134; The “Street Children” Case (Villagrán Morales et al.), pars. 146 and 191; and Case of the Indigenous Community Yakye Axa. Judgment of June 17, 2005, par. 172. In the same connection: Advisory Opinion OC-17/02, pars. 56 and 60. 142 143 I/A Court H.R., Case of the Indigenous Community Sawhoyamaxa. Judgment of March 29, 2006, par. 154 For further information on determining the best interests of the child where child refugees are concerned, see UNHCR: Guidelines on Determining the Best Interests of the Child. 2008.