45 237. The IACHR recalls the principle of the higher interest of the child, which is based on the characteristics of children, on the need to foster their development, with full achievement of their potential, 258 and on the very dignity of the human being . The rights of children must be safeguarded both because of their status as human beings and because of the special situation in which they find themselves, and 259 therefore special measures must be taken to protect them. This additional obligation of protection and these special duties must be considered determinable in light of the needs of the child as a person 260 endowed with rights. 238. The Inter-American Court has moreover established that the special vulnerability inherent in the condition of children is even more evident in a situation of internal armed conflict, as in the present case, for children are least prepared to adapt or respond to such a situation “and, sadly, it is they who 261 suffer from it the most”. 239. The Inter-American Court has referred in previous cases to the body of law on the human 262 rights of children . The Commission, for its part, has referred to this notion in the following terms: For an interpretation of a State’s obligations vis-a-vis minors, in addition to the provision of the American Convention, the Commission considers it important to refer to other international instruments that contain even more specific rules regarding the protection of children. Those instruments include the Convention on the Rights of the Child and the various United Nations declarations on the subject. This combination of the regional and universal human rights systems for purposes of interpreting the Convention is based on Article 29 of the American Convention and 263 on the consistent practice of the Court and of the Commission in this sphere 240. Specifically, the Court has held that both the American Convention and the Convention 264 on the Rights of the Child form part of an international corpus juris for the protection of the rights of persons under the age of 18. This means that the Court may use that corpus juris to establish the content and scope of the general provision established in Article 19 of the American Convention. In fact, in several cases involving children, the Court has used specific provisions of the Convention on the Rights 265 of the Child to interpret article 19 of the American Convention. 241. In this connection the Commission notes provisions 6 and 38 of the Convention on the 266 Rights of the Child , taking into account the context of armed conflict in which the events of the present case took place. 258 I-A Court, Masacres de Ituango vs. Colombia. Judgment of 1 July 2006. Series C No. 148, Para. 244. See also I-A Court, Masacre de Mapiripán vs. Colombia. Judgment of 15 September 2005. Series C No. 134, Para. 134; Niñas Yean and Bosico vs República Dominicana. Judgment of 8 September 2005. Series C No. 130, Para. 134; and Comunidad Indígena Yakye Axa vs. Paraguay. Judgment of 17 June 2005. Series C No. 125, Para. 172 259 I-A Court, “Instituto de Reeducación del Menor” vs. Paraguay. Judgment of 2 September 2004. Series C No. 112, para. 160; Hermanos Gómez Paquiyauri Brothers vs. Perú. Judgment of 8 July 2004. Series C No. 110, paras.. 124, 163-164, and 171; Bulacio vs. Argentina. Judgment of 18 September 2003. Series C No. 100, paras. 126 and 134; and “Street Children” (Villagrán Morales et al.) vs. Guatemala. Judgment of 19 November 1999. Series C No. 63, paras. 146 and 191; and Comunidad indígena Yakye Axa vs. Paraguay. Judgment of 17 June 2005, para. 172. In a similar vein see Judicial status and human rights of the child, Advisory Opinion OC-17/02 28 August 2002. Series A No. 17, paras. 56 and 60 260 I-A Court, Comunidad Indígena Sawhoyamaxa vs. Paraguay. Judgment of 29 March 2006, para. 154. 261 I-A Court, Masacre de Mapiripán vs. Colombia. Judgment of 15 September 2005. Series C No. 134, Para. 156 262 I-A Court Villagrán Morales et al. (“Street Children”), Judgment of November 19, 1999, Series C No. 63, para. 194. 263 IACHR, Report 41/99, case 11,491, Minors in Detention, Honduras, March 10, 1999, para. 72. 264 Ratified by the State of El Salvador on July 10, 1990 265 I-A Court, “Street Children” (Villagrán Morales et al.) vs. Guatemala. Judgment of 19 November 1999. Series C No. 63, Para.194; See also “Instituto de Reeducación del Menor” vs. Paraguay. Judgment of 2 September 2004. Series C No. 112, Para.148; and Gómez Paquiyauri Brothers. Judgment of 8 July 2004, Para. 166 266 Article 6.1.States Parties recognize that every child has the inherent right to life. 2. States Parties shall ensure to the maximum extent possible the survival and development of the child.

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