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child as every human being below the age of eighteen years unless under the law applicable to the child,
majority is attained earlier (Article 1). The Convention on the Rights of the Child recognizes every child’s
intrinsic right to life and provides that no child shall be subjected to arbitrary or unlawful interference with
his or her privacy and recognizes the child’s right to the protection of the law against such arbitrary or
unlawful interference or attacks (Article 16). The States parties are to ensure that no child is subjected to
torture or any other cruel, inhuman or degrading treatment or punishment.
151.
The Inter-American Court has written that: “[i]n the light of Article 19 of the American
Convention, the Court wishes to record the particular gravity of the fact that a State Party to this
Convention can be charged with having applied or tolerated a systematic practice of violence against at181
risk children in its territory.”
152.
Furthermore, the Convention of Belém do Pará provides that the States Parties shall take
special account of the vulnerability of women to violence by reason of, among others, their minor age, as
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well as other conditions that expose them to greater risk of having their rights violated. The IACHR has
written that this provision is the result of the fact that the various forms of discrimination do not affect all
women to the same degree: some are more vulnerable than others to violations of their rights and to acts
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of violence and discrimination.
153.
Given this framework of international responsibility, the State’s obligations under the
instruments of the inter-American human rights system have special connotations where children are
concerned. The Inter-American Court observed that children “have the same rights as all human beings
[…] and also special rights derived from their condition, and these are accompanied by specific duties of
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the family, society, and the State.”
Moreover, their status requires special protection that must be
understood as an additional right that complements all the other rights that the Convention recognizes to
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each individual. Hence, the State must take special measures to protect children with special care and
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a sense of responsibility that serve the principle of the best interests of the child.
154.
The Court has observed that the prevalence of the best interest of the child must be
understood as the need to satisfy all the rights of children and adolescents, which obligates the State and
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affects the interpretation of all the other rights of the Convention when a case concerns minors.
Furthermore, the State must pay special attention to the needs and rights of women owing to their
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condition as girls who, being women, belong to a vulnerable group.
181
I/A Court H.R., Case of the “Street Children” (Villagrán Morales et al.). Judgment of November 19, 1999. Series C No.
63, paragraph 191.
182
Article 9, Convention of Belém do Pará.
183
IACHR, Las Mujeres Frente a la Violencia y la Discriminación Derivadas del Conflicto Armado en Colombia,
OEA/Ser/L/V/II. 124/Doc.6, October 18, 2006, paragraph 140.
184
I/A Court H.R., Juridical Condition and Human Rights of the Child. Advisory Opinion OC-17/02 of August 28, 2002.
Series A No. 17, paragraph 54.
185
I/A Court H.R. Case of González et al. (“Cotton Field”) v. Mexico. Preliminary Objection, Merits, Reparations and
Costs. Judgment of November 16, 2009. Series C No. 205, paragraph 408.
186
I/A Court H.R., Case of the Gómez Paquiyauri Brothers. Judgment of July 8, 2004. Series C No. 110, paragraphs 124,
163-164, and 171; I/A Court H.R., Case of Bulacio. Judgment of September 18, 2003. Series C No. 100, paragraphs 126 and 134;
and I/A Court H.R., Case of the “Street Children” (Villagrán Morales et al.). Judgment of November 19, 1999. Series C No. 63,
paragraphs 146 and 191. See also, I/A Court H.R., Juridical Condition and Human Rights of the Child. Advisory Opinion OC-17/02
of August 28, 2002. Series A No. 17, paragraphs 56 and 60.
187
I/A Court H.R. Case of González et al. (“Cotton Field”) v. Mexico. Preliminary Objection, Merits, Reparations and
Costs. Judgment of November 16, 2009. Series C No. 205, paragraph 408; I/A Court H.R., Juridical Condition and Human Rights of
the Child. Advisory Opinion OC-17/02 of August 28, 2002. Series A No. 17, paragraphs 56, 57 and 60, and, I/A Court H.R. Case of
the Girls Yean and Bosico v. Dominican Republic. Preliminary Objections, Merits, Reparations and Costs. Judgment of September
8, 2005 of September 8, 2005. Series C No. 130, paragraph 134.
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I/A Court H.R. Case of González et al. (“Cotton Field”) v. Mexico. Preliminary Objection, Merits, Reparations and
Costs. Judgment of November 16, 2009. Series C No. 205, paragraph 408; CEDAW, General Recommendation 24: Women and
Health, 20th session, A/54/38/Rev.1, 1999, paragraph 6, and I/A Court H.R. Case of the Girls Yean and Bosico v. Dominican
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