45
foster their development, and it must offer them the conditions necessary so that the
child may live and develop his abilities with full use of his potential.73 Likewise, the
Court mentioned that Article 19 of the Convention must be understood as a
complementary right that the treaty established for human beings that due to their
physical and emotional development require special measures of protection.74
114. The Tribunal in the Case of the “Street Children” (Villagrán Morales et al.)
established that special assistance to the children deprived of their family
environments, the guarantee of survival and development of the child, the right to
an adequate life style, and the social reinsertion of all children victims of
abandonment or exploitation should be included within the measures of protection
referred to in Article 19 of the Convention.75 The State has the duty to adopt positive
measures to fully ensure effective exercise of the rights of the child.76
115. The then National Human Rights Commissioner, in his report titled “Special
Report on the Violent Deaths of Boys, Girls, and Teenagers in Honduras” of January
21, 2002, mentioned that “since Honduras returned to a constitutional order in the
year 1980, no government adopted actions or extraordinary budgets to protect and
attend to the needs of the children, despite the seriousness of the situation.”
Regarding the violence that affects a sector of Honduras’ youth, he stated that
[the] substitution of investigation and analysis for a journalistic coverage of the matter
characterized by “sensationalism” [took place], through which the “marero” was
stereotyped or labeled as a “criminal”, despite the fact that the numbers provided by the
General Office of Criminal Investigation (DIC) confirmed that those under the age of 18
are not the main protagonists of public insecurity. Of 42 thousand claims received up to
February 2000, only 5.5% of those responsible were under the age of 18. One
investigation on Gangs and Juvenile Violence stated that “it is not unusual to find in the
pages dedicated to accident and crime reports in the local press, chronicles dedicated to
the narration of criminal and violent actions perpetrated by teenagers and young
mareros or gang members. This wide reception that their activities have had in the local
press has contributed to projecting before the public opinion an image that the young
maras or gangs are made up of incorrigible teenagers and youngsters for who the only
alternative of social prophylaxis is a life sentence or death.”
116. The State has the obligation to ensure the protection of children and
youngsters affected by poverty and socially alienated77 and, especially, to avoid their
social stigmatization as criminals. It is convenient to point out, as did the Court in
the Case of the “Street Children” (Villagrán Morales et al.), that if the States have
elements to believe that the children in risky situations are affected by factors that
73
Cfr. Juridical Condition and Human Rights of the Child. Advisory Opinion OC-17/02, supra note
72, para. 56. Cfr. also, Case of the Ituango Massacres, supra note 3, para. 244; Case of the “Mapiripán
Massacre”, supra note 9, para. 152; and Case of the Gómez Paquiyauri Brothers, supra note 63, para.
163.
74
Cfr. Case of the Ituango Massacres, supra note 3, para. 244; Case of the “Mapiripán Massacre”,
supra note 9, para. 152; and Case of the “Juvenile Reeducation Institute”, supra note 64, para. 147.
75
Cfr. Case of the “Street Children” (Villagrán Morales et al.), supra note 69, para. 196; and Case
of the “Street Children” (Villagrán Morales et al.). Reparations (Art.63(1) American Convention on Human
Rights). Judgment of May 26, 2001. Series C No. 77, para. 90.
76
Cfr. Juridical Condition and Human Rights of the Child. Advisory Opinion OC-17/02, supra note
72, para. 91.
77
Cfr. Health and development of teenagers within the context of the Convention of Children’s’
Rights, July 21, 2003, UN Document CRC/GC/2003/4.