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The Meaning of the Superior Interest of the Child in Post Conflict Societies: Servellón García and Others vs Honduras

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Chapter Summary

Reminiscent of the Villagrán and others case, the Servellón García and others v Honduras presented the Inter-American Court on Human Rights with legal problems concerning the protection of children in the midst of social cleansing practices against marginalized children and young persons in a post-conflict society. The Court stressed that the prohibition of arbitrary detention or imprisonment is the main guarantee of the right to liberty and security of the individual as enshrined in the American Convention. The Court acknowledged that in order to maintain public security and public order the State legislates and adopts diverse measures to prevent and regulate the conduct of its citizens. The detention of the victims in the Servellón and others case had been illegal. The Court also emphasized that the seriousness of the Responsibility incurred by the State in the case arose from the fact that the victims were minors.

Keywords: arbitrary detention; Inter-American Court on Human Rights; post-conflict society; protection of children; right to liberty; Servellón García and others vs Honduras; Villagrán and others case

10.1163/ej.9789004165137.i-672.37
/content/books/10.1163/ej.9789004165137.i-672.37
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