45
237.
The IACHR recalls the principle of the higher interest of the child, which is based on the
characteristics of children, on the need to foster their development, with full achievement of their potential,
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and on the very dignity of the human being . The rights of children must be safeguarded both because
of their status as human beings and because of the special situation in which they find themselves, and
259
therefore special measures must be taken to protect them. This additional obligation of protection and
these special duties must be considered determinable in light of the needs of the child as a person
260
endowed with rights.
238.
The Inter-American Court has moreover established that the special vulnerability inherent
in the condition of children is even more evident in a situation of internal armed conflict, as in the present
case, for children are least prepared to adapt or respond to such a situation “and, sadly, it is they who
261
suffer from it the most”.
239.
The Inter-American Court has referred in previous cases to the body of law on the human
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rights of children . The Commission, for its part, has referred to this notion in the following terms:
For an interpretation of a State’s obligations vis-a-vis minors, in addition to the provision of the
American Convention, the Commission considers it important to refer to other international
instruments that contain even more specific rules regarding the protection of children. Those
instruments include the Convention on the Rights of the Child and the various United Nations
declarations on the subject. This combination of the regional and universal human rights systems
for purposes of interpreting the Convention is based on Article 29 of the American Convention and
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on the consistent practice of the Court and of the Commission in this sphere
240.
Specifically, the Court has held that both the American Convention and the Convention
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on the Rights of the Child
form part of an international corpus juris for the protection of the rights of
persons under the age of 18. This means that the Court may use that corpus juris to establish the content
and scope of the general provision established in Article 19 of the American Convention. In fact, in
several cases involving children, the Court has used specific provisions of the Convention on the Rights
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of the Child to interpret article 19 of the American Convention.
241.
In this connection the Commission notes provisions 6 and 38 of the Convention on the
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Rights of the Child , taking into account the context of armed conflict in which the events of the present
case took place.
258
I-A Court, Masacres de Ituango vs. Colombia. Judgment of 1 July 2006. Series C No. 148, Para. 244. See also I-A
Court, Masacre de Mapiripán vs. Colombia. Judgment of 15 September 2005. Series C No. 134, Para. 134; Niñas Yean and Bosico
vs República Dominicana. Judgment of 8 September 2005. Series C No. 130, Para. 134; and Comunidad Indígena Yakye Axa vs.
Paraguay. Judgment of 17 June 2005. Series C No. 125, Para. 172
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I-A Court, “Instituto de Reeducación del Menor” vs. Paraguay. Judgment of 2 September 2004. Series C No. 112, para.
160; Hermanos Gómez Paquiyauri Brothers vs. Perú. Judgment of 8 July 2004. Series C No. 110, paras.. 124, 163-164, and 171;
Bulacio vs. Argentina. Judgment of 18 September 2003. Series C No. 100, paras. 126 and 134; and “Street Children” (Villagrán
Morales et al.) vs. Guatemala. Judgment of 19 November 1999. Series C No. 63, paras. 146 and 191; and Comunidad indígena
Yakye Axa vs. Paraguay. Judgment of 17 June 2005, para. 172. In a similar vein see Judicial status and human rights of the child,
Advisory Opinion OC-17/02 28 August 2002. Series A No. 17, paras. 56 and 60
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I-A Court, Comunidad Indígena Sawhoyamaxa vs. Paraguay. Judgment of 29 March 2006, para. 154.
261
I-A Court, Masacre de Mapiripán vs. Colombia. Judgment of 15 September 2005. Series C No. 134, Para. 156
262
I-A Court Villagrán Morales et al. (“Street Children”), Judgment of November 19, 1999, Series C No. 63, para. 194.
263
IACHR, Report 41/99, case 11,491, Minors in Detention, Honduras, March 10, 1999, para. 72.
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Ratified by the State of El Salvador on July 10, 1990
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I-A Court, “Street Children” (Villagrán Morales et al.) vs. Guatemala. Judgment of 19 November 1999. Series C No. 63,
Para.194; See also “Instituto de Reeducación del Menor” vs. Paraguay. Judgment of 2 September 2004. Series C No. 112,
Para.148; and Gómez Paquiyauri Brothers. Judgment of 8 July 2004, Para. 166
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Article 6.1.States Parties recognize that every child has the inherent right to life. 2. States Parties shall ensure to the
maximum extent possible the survival and development of the child.