UBACyT research projects
Starting date of the project
July 1, 2010
Ending date of the project
June 30, 2012
Code
20020090200398
Type of project
Group training
Title
International jurisdictional cooperation as a guarantee of children’s rights to stability of their adoptive filiations and the continuous exercise of personal relationships with both parents.
Director
María Susana Najurieta
Contact
| MEMBERS | ||
|---|---|---|
| N° | Name | Category |
| 1 | Carolina Daniela Iud |
Investigator in training |
| 2 | Vanesa Lowenstein | Investigator in training |
| 3 | Nieve Rubaja | Investigator in training |
Keywords
Intercountry adoption
International children abduction
International cooperation
Abstract
The project we are planning to develop is focused on the particular fragility of certain children’s fundamental rights resulting from the international component of their family relationships. In an ever increasingly complex outlook, we address two independent situations which have as a contact point thereof the child’s need to grow up in a family with stability and protection, and the fact that the legal approach of the problematic issue implies the development of international legal cooperation mechanisms. The work hypotheses are the following: a) the filial location fragility, when it arises from an international adoption constituted abroad with a subsequent establishment of the family domicile in the Argentine Republic, and b) disturbance of the child life, by the risk of their personal and regular relationship with the non-live-in parent, resulting from an abduction followed by a return or from flaws in the organization and concretion of the right of access beyond the national borders. These are assumptions which have not been dealt with in depth in the national doctrine, which have only been subject of theoretical approaches as a result of the study of related matters, and which are characterized¸ each with its own factual and legal special features, by the difficulty to ensure effective enjoyment by children of the fundamental rights comprised. The team that submits this research project is planning to ground their appreciations in the previous field work, by means of the ascertainment of situations that take place in the Autonomous City of Buenos Aires and in the paradigmatic areas of Greater Buenos Aires. The subject approach is original and of great usefulness, since there is no systematic or really grounded deepening which makes it possible to revert the risks that the selected situations imply children’s family life stability. The research project is aimed at making progresses from the international legal cooperation point of view and at proposing regulatory behaviors or solutions which contribute to the achievement of a child’s superior interest.