39 84. Article 19 of the Convention establishes that [e]very minor child has the right to the measures of protection required by his condition as a minor on the part of his family, society, and the state. 85. Article 1(1) of the American Convention states that [t]he States Parties to this Convention undertake to respect the rights and freedoms recognized herein and to ensure to all persons subject to their jurisdiction the free and full exercise of those rights and freedoms, without any discrimination for reasons of race, color, sex, language, religion, political or other opinion, national or social origin, economic status, birth, or any other social condition. 86. The Convention has enshrined the prohibition of an illegal or arbitrary detention or imprisonment as the main guarantee of personal liberty and security. The Court has stated, with regard to illegal arrests, “that even though […] the State has the right and obligation to guarantee its security and maintain public order, its power is not unlimited, since it has the duty, at all times, to apply procedures pursuant to Law and respectful of the fundamental rights, of all individual under its jurisdiction.”54 87. Therefore with the purpose of maintaining public security and order, the State legislates and adopts different measures of a diverse nature to prevent and regulate the behavior of its citizens, one of which is to promote the presence of police forces in public spaces. However, the Court points out that any incorrect action of those state agents in their interaction with the persons it must protect, represents one of the main threats to the right to personal liberty, which, when violated, generates a risk of violation to other rights, such as humane treatment and, in some cases, life. 88. Article 7 of the Convention enshrines guarantees that represent limits to the exercise of authority by State agents. Those limits are applied to the instruments of state controls, one of which is the detention. Said measure shall be pursuant to the guarantees enshrined in the Convention as long as its application has an exceptional nature, it respects the principle of presumption of innocence and the principles of legality, need, and proportionality, all of which are strictly necessary in a democratic society.55 89. A restriction to the right to personal liberty, such as an arrest, must be carried out only due to the causes and the conditions previously established by the Political Constitutions or by the laws enacted pursuant to them (material aspect), as well as strictly subject to the procedures objectively defined in the same (formal aspect).56 At the same time, the legislation that establishes the grounds for a restriction to personal liberty must be issued pursuant to the principles that govern 54 Cfr. Case of Bulacio. Judgment of September 18, 2003. Series C No. 100, para. 124; Case of Juan Humberto Sánchez. Judgment of June 7, 2003. Series C No. 99, para. 86; and Case of Hilaire, Constantine and Benjamín et al. Judgment of June 21, 2002. Series C No. 94, para. 101. 55 Cfr. Case of López Álvarez. Judgment of February 1, 2006. Series C No. 141, para. 67; Case of García Asto and Ramírez Rojas. Judgment of November 25, 2005. Series C No. 137, para. 106; and Case of Palamara Iribarne, supra note 10, para. 197. 56 Cfr. Case of the Ituango Massacres, supra note 3, para. 149; Case of López Álvarez, supra note 55, para. 58; and Case of the Pueblo Bello Massacre, supra note 7, para. 108.

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