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Datos de la publicación

Autores

Nicolás Espejo Yaksic

Cristina Aguirre Gallardo

Dania Anani Galicia Mendoza

Fecha de Publicación
Número de Páginas
296
ISBN-e
978-607-552-572-3

Rights of children and adolescents

Systematization of decisions until December 2024

Reseña

The rights of children and adolescents now occupy a central place in human rights theory and practice. Due to the influence of the United Nations Convention on the Rights of the Child (CRC), these rights have become an essential component of the foundational framework of constitutional and democratic legal systems. This evolution, as explored in this booklet, has been promoted and reinforced by the growing jurisprudence of the Inter­American Court of Human Rights (IACtHR) in this field. The most significant development in the area of children's and adolescents' rights has been the transition from a paradigm of tutelary protection to one of comprehensive protection. Although there are several differences between the two models, the key distinction lies in their legal and moral conception of children and adolescents: objects of protection or subjects of rights. Under the paradigm of comprehensive protection –enshrined in both the CRC and the American Convention on Human Rights (ACHR)– children and adolescents are recognized as rights-bearing individuals. That is, they are subjects with primary interests that include, but are not limited to, the protection of their basic needs. From this legal perspective, they are regarded as legal persons entitled to a range of rights designed to safeguard and guarantee: a) basic interests (such as life, family life, personal integrity and liberty, due process, identity, and equality); b) development interests (including access to health care, education, housing, social security, and cultural life); and c) autonomy interests (such as the evolving capacity to make decisions, to be heard and taken seriously, and to participate meaningfully in social, political, and cultural life).

Contenido

General considerations

Methodology

1. Special protection measures under Article 19 of the American Convention on Human Rights. The corpus iuris of children’s rights

Case of the "Street Children" (Villagrán Morales et al.) v. Guatemala. Merits. Judgment of November 19, 1999. Series C No. 63

Juridical Condition and Human Rights of the Child. Advisory Opinion OC-17/02 of August 28, 2002. Series A No.17

2. Right to life. Negative and positive obligations

2.1 The right to life of children and adolescents in street situations

Case of the "Street Children" (Villagrán Morales et al.) v. Guatemala. Merits. Judgment of November 19, 1999. Series C No. 63

2.2 The right to life of children and adolescents in the custody of agents of the State

Case of Bulacio v. Argentina. Merits, Reparations and Costs. Judgment of September 18, 2003. Series C No. 100

Case of the "Juvenile Reeducation Institute" v. Paraguay. Preliminary Objections, Merits, Reparations and Costs. Judgment of September 2, 2004. Series C No. 112

Case of Mota Abarullo et al. v. Venezuela. Merits, Reparations and Costs. Judgment of November 18, 2020. Series C No. 417

Case of Noguera et al. v. Paraguay. Merits, Reparations and Costs. Judgment of March 9, 2020. Series C No. 401

2.3 The right to life of children and adolescents in the context of enforced disappearance

Case Gelman v. Uruguay. Merits and Reparations. Judgment of February 24, 2011 Series C No. 221

Case of Contreras et al. v. El Salvador. Merits, Reparations and costs. Judgment of August 31, 2011. Series C No. 232

2.4 Right to life of children and adolescents in the context of armed violence

Case of the Mapiripán Massacre v. Colombia. Merits, Reparations and Costs. Judgment of September 15, 2005. Series C No. 134

2.5 The right to life of children and adolescents in the face of sexual violence

Case of Guzmán Albarracín et al. v. Ecuador. Merits, Reparations and Costs. Judgment of June 24, 2020. Series C No. 405

2.6 Indigenous children and adolescents’ right to life

Case of the Sawhoyamaxa Indigenous Community v. Paraguay. Merits, Reparations and Costs. Judgment of March 29, 2006. Series C No. 146

3. Right to personal integrity. Children and adolescents under custody in the juvenile system, sexual violence, slavery, servitude and worst forms of child labor

3.1 Protection of the personal integrity of children and adolescents in state custody

Case of Bulacio v. Argentina. Merits, Reparations and Costs. Judgment of September 18, 2003. Series C No. 100

Case of the "Juvenile Reeducation Institute" v. Paraguay. Preliminary Objections, Merits, Reparations and Costs. Judgment of September 2, 2004. Series C No. 112

Case of Mendoza et al. v. Argentina. Preliminary Objections, Merits and Reparations. Judgment of May 14, 2013. Series C No. 260

Case of Adolescents Detained in Provisional Detention and Internment Centers of the National Service for Minors (SENAME) v. Chile. Merits, Reparations, and Costs. Judgment of November 20, 2024. Series C No. 547

3.2 Girls’ right to a life free of violence. Enhanced due diligence and sexual violence

Case of González et al. ("Cotton Field") v. Mexico. Preliminary Objection, Merits, Reparations and Costs. Judgment of November 16, 2009. Series C No. 205

Case of Véliz Franco et al. v. Guatemala. Preliminary Objections, Merits, Reparations and Costs. Judgment of May 19, 2014. Series C No. 277

Case of V.R.P., V.P.C. et al. v. Nicaragua. Preliminary Objections, Merits, Reparations and Costs. Judgment of March 8, 2018. Series C No. 350

3.3 Slavery, servitude and worst forms of child labor

Case of the Hacienda Brasil Verde Workers v. Brazil. Preliminary Objections, Merits, Reparations and Costs. Judgment of October 20, 2016. Series C No. 318

Case of the Employees of the Fireworks Factory of Santo Antônio de Jesus and their families v. Brazil. Preliminary Objections, Merits, Reparations and Costs. Judgment of July 15, 2020. Series C No. 407

4. Individual liberty. Deprivation of liberty as an exceptional rule

4.1 Deprivation of liberty in the field of criminal justice

Juridical Condition and Human Rights of the Child. Advisory Opinion OC-17/02 of August 28, 2002. Series A No.17

Case of the "Juvenile Reeducation Institute" v. Paraguay. Preliminary Objections, Merits, Reparations and Costs. Judgment of September 2, 2004. Series C No. 112

Case of Mendoza et al. v. Argentina. Preliminary Objections, Merits and Reparations. Judgment of May 14, 2013. Series C No. 260

Case of Landaeta Mejías Brothers et al. v. Venezuela. Preliminary Objections, Merits, Reparations and Costs. Judgment of August 27, 2014. Series C No. 281

Case of Mota Abarullo et al. v. Venezuela. Merits, Reparations and Costs. Judgment of November 18, 2020. Series C No. 417

4.2 Deprivation of liberty and institutionalization of children and adolescents in residential foster care arrangements

Case of Ramírez Escobar et al. v. Guatemala. Merits, Reparations and Costs. Judgment of March 9, 2018. Series C No. 351

4.3 Personal liberty of children and in contexts of migration, refuge or international protection

Rights and guarantees of children in the context of migration and/or in need of international protection. Advisory Opinion OC-21/14 of August 19, 2014. Series A No.21

5. Right to family life. Maintaining family ties

5.1 Protection of the right to family life of children and adolescents in contexts of armed conflict and forced disappearance

Case of the Las Dos Erres Massacre v. Guatemala. Preliminary Objection, Merits, Reparations and Costs. Judgment of November 24, 2009.

Series C No. 211

Case Gelman v. Uruguay. Merits and Reparations. Judgment of February 24, 2011 Series C No. 221

Case of Rochac Hernández et al. v. El Salvador. Merits, Reparations and Costs. Judgment of October 14, 2014. Series C No. 285

Case of Yarce et al. v. Colombia. Preliminary Objection, Merits, Reparations and Costs. Judgment of November 22, 2016. Series C No. 325

Case of Muniz Da Silva et al. v. Brazil. Preliminary objection, merits, reparations, and costs. Judgment of November 14, 2024

5.2 Protection of the right to family life of children and adolescents in the context of guardianship or adoption proceedings

Case of Atala Riffo and daughters v. Chile. Merits, Reparations and Costs. Judgment of February 24, 2012. Series C No. 239

Case of Fornerón and daughter v. Argentina. Merits, Reparations and Costs. Judgment of April 27, 2012. Series C No. 242

Case of Ramírez Escobar et al. v. Guatemala. Merits, Reparations and Costs. Judgment of March 9, 2018. Series C No. 351

Case of María et al. v. Argentina. Merits, Reparations and Costs. Judgment of August 22, 2023. Series C No. 494

Case of Carrión González et al. v. Nicaragua. Merits, Reparations, and Costs. Judgment of November 25, 2024

5.3 The right to family life of children and adolescents in migration or refugee contexts

Rights and guarantees of children in the context of migration and/or in need of international protection. Advisory Opinion OC-21/14 of August 19, 2014. Series A No. 21

5.4 The right to family life of children with parents deprived of their liberty

Differentiated approaches with respect to certain groups of persons in detention (Interpretation and scope of Articles 1(1), 4(1), 5, 11(2), 12, 13, 17(1), 19, 24 and 26 of the American Convention on Human Rights and other human rights instruments). Advisory Opinion OC-29/22 of May 30, 2022. Series A No. 29

6. Right to identity. Name, origin, nationality and gender identity

6.1 Right to a name and nationality

Case of the Girls Yean and Bosico v. Dominican Republic. Preliminary Objections, Merits, Reparations and Costs. Judgment of September 8, 2005. Series C No. 130

6.2 The right to identity of children and adolescents in the context of practices of forced disappearance

Case Gelman v. Uruguay. Merits and Reparations. Judgment of February 24, 2011 Series C No. 221

6.3 Right to identity of children and adolescents in custody or adoption proceedings

Case of Fornerón and daughter v. Argentina. Merits, Reparations and Costs. Judgment of April 27, 2012. Series C No. 242

6.4 Right to gender identity of children and adolescents in the context of procedures for name change, image adjustment and rectification of the reference to sex or genderand in identity records and documents

Gender identity, and equality and non-discrimination with regard to same-sex couples. State obligations in relation to change of name, gender identity, and rights deriving from a relationship between same-sex couples (interpretation and scope of Articles 1(1), 3, 7, 11(2), 13, 17, 18 and 24, in relation to Article 1, of the American Convention on Human Rights). Advisory Opinion OC-24/17 of November 24, 2017. Series A No. 24

6.5 Right to identity of indigenous children and adolescents

Case of the Tagaeri and Taromenane Indigenous Peoples v. Ecuador. Preliminary objection, merits, reparations, and costs. Judgment of September 4, 2024. Series C No. 537

7. Right to equality and non-discrimination. Towards substantive or material equality

7.1 Prohibition of the use of gender stereotypes, sexual orientation and economic position with respect to parents or relatives of a child or adolescent

Case of Atala Riffo and daughters v. Chile. Merits, Reparations and Costs. Judgment of February 24, 2012. Series C No. 239

Case of Ramírez Escobar et al. v. Guatemala. Merits, Reparations and Costs. Judgment of March 9, 2018. Series C No. 351

7.2 Equal access to justice for children and adolescents with disabilities

Case of Furlan and family v. Argentina. Preliminary Objections, Merits, Reparations and Costs. Judgment of August 31, 2012. Series C No. 246

7.3 Prohibition of the use of stereotypes based on HIV/AIDS status

Case of Gonzales Lluy et al. v. Ecuador. Preliminary Objections, Merits, Reparations and Costs. Judgment of September 1, 2015. Series C No. 298

7.4 Intersectionality and structural inequality of children and adolescents

Case of Gonzales Lluy et al. v. Ecuador. Preliminary Objections, Merits, Reparations and Costs. Judgment of September 1, 2015. Series C No. 298

Case of Guzmán Albarracín et al. v. Ecuador. Merits, Reparations and Costs. Judgment of June 24, 2020. Series C No. 405

Case of the Employees of the Fireworks Factory of Santo Antônio de Jesus and their families v. Brazil. Preliminary Objections, Merits, Reparations and Costs. Judgment of July 15, 2020. Series C No. 407

Case of the Tagaeri and Taromenane Indigenous Peoples v. Ecuador. Preliminary objection, merits, reparations, and costs. Judgment of September 4, 2024. Series C No. 537

8. Right of children and adolescents to education. Guarantees of equal and safe access to the educational system

8.1 Equal access and exercise of the right to education

Case of Gonzales Lluy et al. v. Ecuador. Preliminary Objections, Merits, Reparations and Costs. Judgment of September 1, 2015. Series C No. 298

8.2 Protected access to the right to education in the face of practices of sexual violence

Case of Guzmán Albarracín et al. v. Ecuador. Merits, Reparations and Costs. Judgment of June 24, 2020. Series C No. 405

8.3 The right to education and recreation of adolescents deprived of Liberty in the juvenile justice system

Inter-American Court of Human Rights. Case of Adolescents Detained in Detention and Provisional Internment Centers of the National Service for Minors (SENAME) v. Chile. Merits, Reparations, and Costs. Judgment of November 20, 2024. Series C No. 547

9. The right to health and social security of children and adolescents. Guarantees of access and protection in the public and private spheres

9.1 Health protection and social security, the role of private actors and the State’s duties of regulation, state oversight and assurance of supply

Case of Gonzales Lluy et al. v. Ecuador. Preliminary Objections, Merits, Reparations and Costs. Judgment of September 1, 2015. Series C No. 298

Case of Vera Rojas et al. v. Chile. Preliminary Objections, Merits, Reparations and Costs. Judgment of October 1, 2021. Series C No. 439

9.2 The right to health of children with parents deprived of their liberty

Differentiated approaches with respect to certain groups of persons in detention (Interpretation and scope of Articles 1(1), 4(1), 5, 11(2), 12, 13, 17(1), 19, 24 and 26 of the American Convention on Human Rights and other human rights instruments). Advisory Opinion OC-29/22 of May 30, 2022. Series A No. 29

9.3 The right to health, water, and sanitation of adolescents deprived of liberty in the juvenile justice system

Inter-American Court of Human Rights. Case of Adolescents Detained in Detention and Provisional Internment Centers of the National Service for Minors (SENAME) v. Chile. Merits, Reparations, and Costs. Judgment of November 20, 2024. Series C No. 547

10. Right to be heard and taken into account. Ensuring participation in adapted environments

10.1 Meaning and scope of the right of children and adolescents to be Heard in any judicial or administrative proceeding

Juridical Condition and Human Rights of the Child. Advisory Opinion OC-17/02 of August 28, 2002. Series A No.17

10.2 The right of children and adolescents to be heard in family proceedings

Case of Atala Riffo and daughters v. Chile. Merits, Reparations and Costs. Judgment of February 24, 2012. Series C No. 239

Case of María et al. v. Argentina. Merits, Reparations and Costs. Judgment of August 22, 2023. Series C No. 494

10.3 The right of children and adolescents who are victims of sexual violence to be heard and taken into account and to avoid their revictimization

Case of Rosendo Cantú et al. v. Mexico. Preliminary Objection, Merits, Reparations, and Costs. Judgment of August 31, 2010. Series C No. 216

Case of V.R.P., V.P.C. et al. v. Nicaragua. Preliminary Objections, Merits, Reparations and Costs. Judgment of March 8, 2018. Series C No. 350

10.4 The right of children and adolescents to be heard and taken into account in migration or refugee proceedings

Rights and guarantees of children in the context of migration and/or in need of international protection. Advisory Opinion OC-21/14 of August 19, 2014. eries A No. 21

10.5 The right of indigenous children and adolescents to be heard and taken into account

Case of the Tagaeri and Taromenane Indigenous Peoples v. Ecuador. Preliminary objection, merits, reparations, and costs. Judgment of September 4, 2024. Series C No. 537

Final considerations

Annex 1. Glossary of sentences

Annex 2. Reparations