independent support to ensure the children’s well-being and the least possible intrusion in the relationship.151
129.
For its part, the Committee on the Rights of the Child has concluded that the State party has violated
articles 3, 9 (3) and 10 (2) of the Convention on the Rights of the Child, considering that its failure to take effective
steps to guarantee the right of the author’s daughter to maintain personal relations and direct contact with her
father on a regular basis deprived the girl of the enjoyment of her rights under the Convention. In particular, the
Committee is of the view that the authorities did not take the necessary steps to enforce those orders so as to
ensure contact between the author and his daughter.152
3. Right to judicial guarantees and judicial protection, and the duty of exceptional
diligence and speed, in relation to the duty to adopt domestic legal provisions with
respect to international return proceedings.
130.
Of all the principles for determining and applying the special protection measures involved in separating
children from family, the IACHR has established exceptional diligence as a guiding principle. Thus, it has
maintained that "Considering the importance international human rights law assigns to
the family and given the seriousness, due to its being both irreversible and irreparable, of the harm that can be
caused to the child in the relationship with his or her parents, especially in early childhood, the Commission and
the Court have set a standard of exceptional diligence with respect to matters of adoption, guardianship, and
custody of children."153 Accordingly, the I/A Court of H.R. has held that the above corresponds to the need to
safeguard and protect the best interest of the child, as well as to guarantee rights that may be at risk until the
dispute on the merits is resolved and to ensure that any decision reached has a useful impact.154 The Court has
further established that administrative and judicial procedures concerning protection of the human rights of
minors, especially procedures relating to the adoption, guardianship, and custody of very young children, must
be pursued by the authorities with exceptional diligence and speed.155 Therefore, the nature and intensity of this
impact on the rights of the child "warrant a duty of particularly reinforced diligence on the part of public
authorities in all actions they take, especially with respect to any decision that entails separating a child from his
or her parents or family of origin."156 The IACHR considers that, given the characteristics of the international
return procedure, and the potential impacts of a delay in making a decision on return of a child, the
aforementioned principles apply fully to these kinds of procedure.
131.
Article 2 of the Convention, regarding the general duty of States parties to adjust their domestic law to
bring it into line with the provisions of the Convention in order to safeguard the rights upheld therein, implies
that two types of measure need to be adopted: deletion of any rules and practices of any kind that contravene the
guarantees provided for in the Convention; and the issuing of rules and development of practices conducive to
effective observance of those guarantees. Regarding the adoption of such measures, the Court has recognized
"that all the authorities in a State party to the Convention have an obligation to monitor consistency with the
Convention (control de convencionalidad) to ensure that the interpretation and application of domestic law is
compatible with the State's international human rights obligations."157
132.
Pursuant to Article 8.1 of the American Convention "for the determination of every person's rights and
obligations of a civil, labor, fiscal, or any other nature, “due guarantees" must be observed to safeguard, in the
procedure in question, the right to due process. "Failure to comply with any of those guarantees amounts to a
IACHR, PM 314/13- X, Y and Z, Mexico. Resoluton of March 6, 2015.
Committee on the Rights of the Child, CRC/C/83/D/30/2017, C.R. v. Paraguay, CRC/C/83/D/30/2017, of March 12, 2020, par. 8.8.
153 The Right of Boys and Girls to a Family. Alternative care. Ending Institutionalization in the Americas. OEA/Ser.L/V/II. Doc. 54/13.
October 17, 2013, par. 199.
154 Matter of L.M. Provisional Measures regarding Paraguay. Order of the Inter-American Court of Human Rights of July 1, 2011,
Preambular (Considering) par. 16.
155 I/A Court H.R. Case of Fornerón and daughter v. Argentina. Merits, Reparation, and Costs Judgment of April 27, 2012, Series C No. 242,
par. 51.
156 The Right of Boys and Girls to a Family. Alternative care. Ending Institutionalization in the Americas. OEA/Ser.L/V/II. Doc. 54/13.
October 17, 2013, par. 199.
157 I/A Court H.R. Case of the National Association of Former Employees and Retirees of the National Superintendency of Tax
Administration (ANCEJUB-SUNAT) v. Peru. Preliminary Objections, Merits, Reparations, and Costs. Judgment of November 21, 2019. Series
C No. 394, par. 200.
151
152