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Babies and very young children have the same rights as all children to have their best
interests assessed, even if they cannot express their views or represent themselves in the
same way as older children. States must ensure appropriate arrangements, including
representation, when appropriate, for the assessment of their best interests; the same
applies for children who are not able or willing to express a view. 353
Cf. Advisory Opinion OC-21/14, supra, para. 122, citing the Committee on the Rights of the Child, General
Comment No. 12: The right of the child to be heard. UN Doc. CRC/C/GC/12, July 20, para. 21.
352
Committee on the Rights of the Child, General Comment No. 14 on the right of the child to have his or her best
interests taken as a primary consideration (art. 3, para. 1), UN Doc. CRC/C/GC/14, May 29, 2013, para. 44.
353
During this interview, the President of the organization indicated that she had “received the children […] in a
regrettable condition. Dirty, hungry, showing signs of having been beaten and with little clothing. […] Osmín had an
infection in the lower part of the mouth which required antibiotics and analgesics for the pain. J.R. had bruises resulting
from a blow, and Osmín had scars on his abdomen that, he indicated, had been caused by blows inflicted by his father.”
Social study of the children, J.R. and Osmín Tobar Ramírez prepared by Niños de Guatemala on February 3, 1997
(evidence file, folios 4381 and 4382).
354
355
Communication of the First Juvenile Trial Court of January 13, 1997 (evidence file, folio 4386).