the due guarantees to ensure that, as human rights defenders, they could carry out their
activities freely.
183. Regarding the alleged violation of the right to freedom of association of Alejandra
García Montenegro, who was aged three years and nine months when Guatemala accepted
the Court’s jurisdiction, the Court finds it necessary to recall that it has recognized that
children exercise their rights progressively as they develop a higher level of personal
autonomy; thus, in their early childhood, they exercise their rights through their family
members. Obviously, there is considerable variation in each child’s level of physical and
intellectual development, experience and information. 274
184. The Court also points out, as it has in other cases, that both the American
Convention and the Convention on the Rights of the Child form part of a very
comprehensive international corpus juris for the protection of children that this Court uses
to establish the content and scope of the general provision defined in Article 19 of the
American Convention. 275 The Convention on the Rights of the Child, which has been ratified
almost universally, contains several provisions that refer to the State's obligations in
relation to children. In this regard, Article 15 recognizes “the rights of the child to freedom
of association,” without further restrictions to its exercise other than those “imposed in
conformity with the law and which are necessary in a democratic society in the interests of
national or public safety, public order (ordre public), the protection of health or morals or
the protection of the rights and freedom of others.”
185. The Court observes that, regarding the alleged violation of Alejandra García
Montenegro’s right to freedom of association, it has insufficient evidence to declare this
violation to her detriment. The information provided in this regard reveals the violation of
Alejandra García Montenegro’s personal integrity owing to her suffering because of the
situation experienced by her family as a result of her father’s forced disappearance, and
having been unable to accompany her mother in the actions to search for her father during
her early childhood (supra para. 87), which was examined by the Court in section A of this
Chapter.
186. Based on the above, the Court declares that the State violated the right to freedom
of association recognized in Article 16(1) of the American Convention, in relation to the
obligation to respect and ensure rights established in Article 1(1) of this instrument, to the
detriment of Nineth Varenca Montenegro Cottom and María Emilia García.
187. Finally, regarding the alleged violation of freedom of expression, the Court reiterates
that the parties must prove that this alleged violation is constituted for reasons other than
the intrinsic relationship that exists between this right and the right to freedom of
association (supra para. 122). Thus, the Court notes that it is not appropriate to declare a
violation of freedom of expression for the same reasons for which it has established the
violation of freedom of association. Consequently, the Court considers that, even though in
this case there are contextual elements that reveal that there was an autonomous violation
of the right to freedom of expression, insufficient evidence was provided to determine that
there was an autonomous violation of the right to freedom of expression to the detriment of
the members of Edgar Fernando García’s family.
274
Cf. Case of Atala Riffo and daughters v. Chile. Merits, reparations and costs. Judgment of February 24,
2012. Series C No. 239, para. 68.
275
Cf. Case of the “Street Children” (Villagrán Morales et al.) v. Guatemala. Merits, supra, para. 194, and
Case of the Río Negro Massacres v. Guatemala, supra, para. 142.
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