harm listed in Article 19(1)145 of the Convention on the Rights of the Child.146 Thus, violence and sexual abuse
can exist even in the absence of force. As it has found, “[m]any children experience sexual victimization which
is not accompanied by physical force or restraint but which is nonetheless psychologically intrusive, exploitive
and traumatic.”147 Therefore, authorities must take into account that their enhanced obligation is activated by
any allegation of violence and sexual abuse. In response to such allegations, States must activate the necessary
mechanisms to implement concrete measures toward applying the four guiding principles of the Convention
on the Rights of the Child, those being “the principle of nondiscrimination, the principle of the best interest of
the girl, the principle of respect for the right to life, livelihood, and development, and the principle of respect
for the opinion of the girl in all proceedings that affect her, such that her participation is guaranteed."148
27. Although due process and its correlating guarantees are applicable to all individuals, in the case of girls
and teens, they require "the adoption of certain specific measures with the aim of ensuring equal access to
justice, guaranteeing an effective due process, and making sure that the best interest is a primary consideration
in all administrative or judicial decisions adopted."149 An essential component of enhanced due diligence and
special protection in cases of girls who are victims of violence is the need to avoid revictimizing them or forcing
them to reexperience the deeply traumatic events. They should thus be provided with specialized support and
the proper conditions for preventing new harm and additional trauma that may arise as the result of their
statements or during the examinations they undergo. 150 Otherwise, the State would not only be failing to
comply with its obligation of enhanced due diligence and special protection, but could also be responsible for
the additional trauma and harm caused in violation of Article 5(1) of the Convention. Thus, “in cases of sexual
violence, once it becomes aware of the facts, the State must provide immediate professional support—both
medical and psychiatric and/or psychological—from professionals trained specifically in attending to victims
of these types of crimes with a gender approach and an approach that takes childhood into account.”151
28. Additionally, on finding the testimony of girls who are victims of crimes is pertinent to criminal
proceedings carried out in cases of alleged abuse, sexual violence, or rape, the Court has found that:
The interview must be conducted by a specialized psychologist or related professional who is duly trained in
taking these types of statements. The professional will allow the child or teen to express themselves as they choose
and adapted to their needs, and they shall not be directly interrogated by the court or the parties. The interview
will seek to obtain a precise, trustworthy, and complete description of what took place through the victim's
account. Therefore, the interview rooms must provide a safe environment that is not intimidating, hostile,
insensitive, or inappropriate […] to offer privacy and foster trust. Likewise, children and adolescents should not
be questioned more times than strictly necessary, based on their best interest and to avoid revictimization or a
traumatic impact. The Court underscores that several countries have adopted the good practice of using special
tools such as a Gesell Chamber or closed-circuit television (CCTV) to enable the authorities and the parties to
follow the testimony of the child or adolescent from outside in order to minimize any re-victimizing effect. […]
Likewise, it is recommended that the statements from children and teen victims be videotaped so as to avoid
having to repeat the procedure. These technological tools not only prevent revictimization of the child or
adolescent victim and the deterioration of the evidence, but also guarantee the accused's right to defense.152
29. Likewise, regarding the need to conduct physical examinations of girls who are victims of abuse, sexual
violence, or rape:
The pertinent part of Article 19 of the Convention on the Rights of the Child establishes the following: 1. States Parties shall take all
appropriate legislative, administrative, social and educational measures to protect the child from all forms of physical or mental violence,
injury or abuse, neglect or negligent treatment, maltreatment or exploitation, including sexual abuse, while in the care of parent(s), legal
guardian(s) or any other person who has the care of the child. 2. Such protective measures should, as appropriate, include effective
procedures for the establishment of social programmes to provide necessary support for the child and for those who have the care of the
child, as well as for other forms of prevention and for identification, reporting, referral, investigation, treatment and follow-up of instances
of child maltreatment described heretofore, and, as appropriate, for judicial involvement.
146 CRC. General Comment No. 13, para. 4.
147 CRC. General Comment No. 13, para. 25(d).
148 Inter-American Court. Judgment of V.R.P., V.P.C. et al., para. 155.
149 Inter-American Court. Judgment of V.R.P., V.P.C. et al., para. 158.
150 Inter-American Court. Judgment of V.R.P., V.P.C. et al., paras. 163-171.
151 Inter-American Court. Judgment of V.R.P., V.P.C. et al., para. 165.
152 Inter-American Court. Judgment of V.R.P., V.P.C. et al., para. 168.
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