In accordance with the norms of interpretation enshrined on the American Convention on Human Rights,
[1] and the jurisprudence of the Inter-American Court of Human Rights with the purpose to integrate the regional and universal systems[2] and its jurisprudence regarding the notion of corpus juris on the issue of the rights of the child,[3] the Commission interprets the scope and content of the rights of the child in relation to the provisions of the United Nations Convention on the Rights of the Child.[4]

[1] Article 29. Restrictions Regarding Interpretation No provision of this Convention shall be interpreted as: a.    permitting any State Party, group, or person to suppress the enjoyment or exercise of the rights and freedoms recognized in this Convention or to restrict them to a greater extent than is provided for herein; b.    restricting the enjoyment or exercise of any right or freedom recognized by virtue of the laws of any State Party or by virtue of another convention to which one of the said states is a party; c.    precluding other rights or guarantees that are inherent in the human personality or derived from representative democracy as a form of government; or d.    excluding or limiting the effect that the American Declaration of the Rights and Duties of Man and other international acts of the same nature may have.


[2] I/A Court H.R., "Other treaties” subject to the advisory jurisdiction of the Court (Art. 64 American Convention on Human Rights). Advisory Opinion OC 1/82. Series A No. 1, of September 24, 1982, Para.  41.  

[3] I/A Court H.R., The “Street Children” Case (Villagrán Morales et al.). Judgment of November 19, 1999. Series C No. 63., para. 194. I/A Court H.R., Case of the “Juvenile Reeducation Institute”. Judgment of September 2, 2004. Series C No. 112, para. 148, I/A Court H. R., Case of the Gómez Paquiyauri Brothers. Judgment of July 8, 2004. Series C No. 110, para. 166.  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, paras. 24, 37, 53.

[4] The Convention was adopted on 20 November 1989 and entered into force on September 2, 1990. Guatemala ratified the Convention on the Rights of the Child on June 6, 1990.

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