CHILDREN'S RIGHT TO FAMILY RELATIONSHIPS IN CONTEXTS OF PARENTAL VULNERABILITY

Abstract

The decision of the Inter-American Court of Human Rights, again raises a situation that in Argentina has been repeated in various contexts regarding the actions of State agencies in making guardianships or adoptions under the justifications of the situations of vulnerability of the parents, but without the proper authorizations or full consent of these. In past decades, the Argentine State was condemned in the case of “Forneron and daughter” due to deficiencies in the judicial system by which guardianship processes were managed without the full consent of the parents, based on situations of vulnerability of these, and thus seeking to give a better quality of life to the newborns. Again in a recent ruling of 2023, the Argentine State is responsible for similar practices in which the mechanisms for the comprehensive protection of children and adolescents continue to have marked deficiencies, particularly in the diversity of regulations governing the various provinces of the country.