38
which of these the acknowledgment applies to. Similarly, the Court notes that the
Commission asserted the violation of the right to identity and a name only with regard to
Gregoria Herminia Contreras, while the representatives did so with regard to Ana Julia Mejía
Ramírez, Carmelina Mejía Ramírez, Gregoria Herminia Contreras, Julia Inés Contreras,
Serapio Cristian Contreras, and José Rubén Rivera Rivera based on specific reasons they
gave, among which they mentioned that the systematic practice of forced disappearance
which existed at the time included changing names, and that the other cases fit perfectly
into that pattern. Thus, it is necessary to make the pertinent clarifications and to establish to
whose detriment these rights have been violated.
105. First, it is important to clarify that, in the instant case, the arguments concerning the
right to identity must be analyzed in the context of the forced disappearance of children by
State agents during the armed conflict in El Salvador and their subsequent appropriation.
One of the objectives of these actions was to suppress or eliminate the identity of children of
families considered “guerrillas” (supra para. 53), with no certainty in all cases about the
children’s subsequent whereabouts or fate.
106. The Court has already established in its case law that the separation of children from
their family constitutes, under certain conditions, a violation of their right to a family,
recognized in Article 17 of the American Convention.149 In this regard, it is important to
recall that the Court has also indicated that “children have a right to live with their families,
which are called on to meet their material, affective and psychological needs.”150 Also, under
Article 11(2) of the Convention,151 everyone has the right to receive protection against
arbitrary or illegal interference with their family,152 especially children, given that the family
plays an essential role in their development.153
107. In this context, it
the State should have
Convention, with specific
child.154 Thus, from the
is important to determine which special and distinctive measures
taken in keeping with its obligations under Article 19 of the
attention to the holder of the right and to the best interest of the
provisions of the Convention on the Rights of the Child, which
violation of the right to a name of the alleged victims in this case as an element of the right to identity, as well as
for the violation of the right to be subject to special measures of protection.
149
Cf. Juridical Status and Human Rights of the Child. Advisory Opinion OC-17/02 of August 28, 2002. Series
A No. 17, para. 71; Case of Gelman, supra note 16, para. 125, and Case of Chitay Nech et al., supra note 98, para.
157.
150
Advisory Opinion OC-17/02, supra note 149, para. 71; Case of Chitay Nech et al., supra note 98, para.
157, and Case the Dos Erres Massacre v. Guatemala. Preliminary objection, merits, reparations and costs.
Judgment of November 24, 2009. Series C No. 211, para. 188.
151
Article 11(2) of the Convention stipulates that: “[n]o one may be the object of arbitrary or abusive
interference with his private life, his family, his home, or his correspondence, or of unlawful attacks on his honor or
reputation.”
152
Cf. Advisory Opinion OC-17/02, supra note 149, para. 71; Case of Chitay Nech et al., supra note 98, para.
156, and Case the Dos Erres Massacre, supra note 150, para. 188.
153
Cf. Advisory Opinion OC-17/02, supra note 149, para. 71; Case of Gelman, supra note 16, para. 130, and
Case the Dos Erres Massacre, supra note 150, para. 188. Similarly, Article 16 of the Additional Protocol to the
American Convention on Human Rights in the area of Economic Social and Cultural Rights “Protocol of San
Salvador” establishes that “[e]very child has the right to grow under the protection and responsibility of his
parents; save in exceptional, judicially-recognized circumstances, a child of young age ought not to be separated
from his mother.
154
Cf. Advisory Opinion OC-17/02, supra note 149, para. 56; Case of the Xákmok Kásek Indigenous
Community v. Paraguay. Merits, reparations and costs. Judgment of August 24, 2010. Series C No. 214, para. 257,
and Case of Chitay Nech et al., supra note 98, para. 164.
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