Separate Opinion of Judge A.A. Cançado Trindade in the Case of the “Street Children” (Villagrán Morales and Others versus Guatemala, Reparations, Judgment of 26.05.2001)

Chapter Summary

The present case of the "Street Children" is truly paradigmatic, to the extent that, besides portraying a real situation of day-to-day life in Latin America, it discloses that human conscience has attained a degree of evolution that has rendered it possible to impart justice by means of the protection of the rights of the marginalized or excluded. Juridically, above all in circumstances such as those of the present case of the "Street Children", the reparations-of the consequences of the measure or situation in violation of the protected human rights (in the terms of Article 63(1) of the American Convention), instead of truly repairing, rather alleviate the human suffering of the surviving relatives, seeking to rehabilitate them for life and thereby they become absolutely necessary. The reparations, although not full, are endowed with an unquestionable importance in the work of safeguard of the rights inherent to the human being.

Keywords: American Convention; human rights; human suffering; Latin America; Street Children