204. The Court considers it appropriate to order that the State adapt its existing protocols or adopt
new protocols that incorporate international standards on the matter (supra paras. 101 to 107) in
investigations and criminal proceedings arising from acts of sexual violence to the detriment of
children and adolescents; that it ensure that the statements and interviews, the medical-forensic
examinations, as well as the expert psychological and/or psychiatric assessments are carried out in
a manner tailored to the needs of that particular group of victims, and define the content of the
specialized comprehensive care to children and adolescents who are victims of sexual violence.
Therefore, the Court orders the State to adopt, implement, supervise and appropriately monitor three
standardized protocols, namely: (i) investigation and action protocol during the criminal proceedings
for cases involving child and adolescent victims of sexual violence; (ii) protocol on a comprehensive
approach and medical-legal assessment for cases of children and adolescents who are victims of
sexual violence, and (iii) a comprehensive care protocol for children and adolescents who are victims
of sexual violence.
205. In relation to the investigation and action protocol during the criminal proceedings for cases of
children and adolescent victims of sexual violence, the State must take into account the criteria
established in international instruments on the protection of the rights of the child, as well as the
standards developed in this judgment and in the case law of the Court. In this sense, said protocol
must take into consideration that enhanced due diligence with a gender and childhood perspective,
as the case may be, implies the adoption of special measures and the development of a process
adapted to children and adolescents with a view to avoiding their revictimization, which must include,
in accordance with the standards developed in paragraphs 103 to 106, at least the following criteria:
(i) the right to information related to the procedure, as well as legal and health assistance services
and other protective measures available; (ii) legal assistance, free of charge and provided by the
State, of a duly trained lawyer, and/or specialized in childhood and adolescence, with the power to
become a procedural party, oppose judicial measures, file appeals and carry out any other procedural
act aimed at defending their rights in the proceedings; (iii) the right to be heard, with due guarantees
and within a reasonable time, which entails an enhanced criterion of speed; (iv) the right of the child
or adolescent victim to participate in the criminal process, depending on their age and maturity, and
provided that it does not imply harm to their psycho-social well-being. To do this, only strictly
necessary procedures must be carried out and the presence and interaction of children and
adolescents with the perpetrator must be avoided; (v) generate adequate conditions so that children
and adolescents can participate effectively in the criminal process through special protections and
specialized support; (vi) the interview must be carried out by a specialized psychologist or a
professional from related disciplines duly trained in taking this type of statements from children and
adolescents; (vii) the interview rooms will provide a safe environment that is not intimidating, hostile,
insensitive or inappropriate and that encourages privacy and trust; (viii) the justice service personnel
who participate must be trained in the area, and (ix) immediate and professional assistance, both
medical and psychological and/or psychiatric, must be provided by a professional person specifically
trained in the care of victims of this type of crimes and with a gender and childhood perspective. The
Court considers that this protocol should be directed, in particular, to all personnel of the
administration of justice who participate in the investigation and processing of criminal proceedings
in cases of children or adolescents who are victims of sexual violence, whether this has occurred in
the public or private sphere.
206. With respect to the protocol on a comprehensive approach and medical-legal assessment for
cases of children and adolescents who are victims of sexual violence, the Court orders the State of
Bolivia to adopt a specific standardized protocol so that all health personnel, whether public or private
and, in particular, the staff of the Forensic Investigations Institute, have the necessary criteria for
the execution of the corresponding examinations, in accordance with the criteria established in
paragraph 107 of this judgment, the case law of the Court, and international standards on the matter.
The Court highlights that, if a medical examination is considered necessary, the State must guarantee
at least the following: (i) more than one physical assessment must be avoided, insofar as possible;
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