43 156. Article 17 of the American Convention recognizes that the family is the natural and fundamental element of the society and has the right to protection from the society and the State. The protection of the family and its members is guaranteed also in Article 11(2) of the Convention that encompasses the prohibition of arbitrary or abusive interferences with the family,171 as well as by Article 19, that determines the protection of the rights of the child by the family, society, and State.172 157. Due to the importance of the right to the protection of the family, the Court has established that the State is obligated to favor the development and strengthening of the familial nucleus173 and that the separation of the children from the family constitutes, under certain circumstances, a violation of their right to family recognized in Article 17 of the American Convention.174 In this way, “[t]he child has the right to live with his/her family, called to satisfy their material, psychological, and emotional needs. The right of each person to receive protection against arbitrary and illegal interferences with the family forms a part, implicitly, of the right to the protection of the family and the child.”175 158. In this regard, the Court, in the Consultative Opinion No. 17 relating to the Legal Condition and Human Rights of Children, recognized that the mutual enjoyment of the coexistence between parents and children constitutes a fundamental element in the life of the family,176 and it observed that the European Court has established that the objective of Article 8 of the European Convention on Human Rights is not only to preserve the individual against arbitrary interferences of the public authorities, 177 but that, in addition, this Article imposes positive obligations on the State in favor of the effective respect to family life.178 159. In the present case, the Court also recognizes the special significance that the coexistence of the family has in the context of an indigenous family, which is not limited to the familial nucleus but also includes the distinct generations that make up the family and 171 The Court has established that “[a]rticle 11 of the Convention prohibits all arbitrary or abusive intervention in the private life of persons, enunciating several aspects of it, such as the private life of their families, their domicile, or their mail.” Cf. Case Tristán Donoso V. Panamá. Preliminary Exception, Merits, Reparations and Costs. Judgment of 27 of January of 2008. Series C No. 192, para. 55, and Case Escher et. al. V. Brasil, supra note 21, para. 113. 172 Cf. General Observation No. 19, General comments adopted by the Human Rights Commision, Article 23 – the family. 39º period of sessions, U.N. Doc. HRI/GEN/1/Rev.7 of 27 of July of 1990, para. 1. 173 Juridical Condition and Human Rights of the Child. Advisory Opinion OC-17/02, supra note 108, para. 66. 174 Juridical Condition and Human Rights of the Child. Advisory Opinion OC-17/02, supra note 108, paras. 71 and 72, and Case of the Dos Erres Massacre Vs Guatemala, supra note 12, para. 188. 175 Juridical Condition and Human Rights of the Child. Advisory Opinion OC-17/02, supra note 108, para. 71, and Case of the Dos Erres Massacre Vs Guatemala, supra note 12, para. 189. 176 Juridical Condition and Human Rights of the Child. Advisory Opinion, OC-17/02, supra note 108, para. 72. Cf. Eur. Court H.R., Case of Buchberger v. Austria, Judgment of 20 December 2001, para. 35, Eur. Court H.R., Case of T and K v. Finland, Judgment of 12 July 2001, para. 151, Eur. Court H.R, Case of Elsholz v. Germany, Judgment of 13 July 2000, para. 43, Eur. Court H.R., Case of Bronda v. Italy, Judgment of 9 June 1998, Reports 1998 a IV, para. 51, and Eur. Court H.R., Case of Johansen v. Norway, Judgment of 7 August 1996, Reports 1996 a IV, para. 52. 177 Cf. Juridical Condition and Human Rights of the Child. Advisory Opinion, OC-17/02, supra note 108, para. 72. 178 Cf. Case Dos Erres Massacre V. Guatemala, supra note 12, para. 189. Cf. Eur. Court H.R., Case of Olsson v. Sweden, judgment of March 24, 1988, Series A, n. 130, para. 81.