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.

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