Derechos fundamentales en la familia con especial enfoque en los desafíos de la adopción internacional en la República Argentina
From 1984 onwards, the Argentine Republic has amended its national legislation and the jurisprudence of the courts in order to give effect to the rights of families and, in particular, to guarantee the right of children to family life. For historical reasons of the Argentine social reality, our coun...
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| Formato: | Artículo publishedVersion |
| Lenguaje: | Español |
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Universidad de Buenos Aires. Facultad de Derecho. Departamento de Publicaciones
2024
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| Acceso en línea: | http://repositoriouba.sisbi.uba.ar/gsdl/cgi-bin/library.cgi?a=d&c=juridica&cl=CL1&d=HWA_7909 https://repositoriouba.sisbi.uba.ar/gsdl/collect/juridica/index/assoc/HWA_7909.dir/7909.PDF |
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| Sumario: | From 1984 onwards, the Argentine Republic has amended its national legislation and the jurisprudence of the courts in order to give effect to the rights of families and, in particular, to guarantee the right of children to family life. For historical reasons of the Argentine social reality, our country made a reservation to paragraphs b, c, d, and e of article 21 of the Convention on the Rights of the Child (art. 2° of Law No. 23.849), a circumstance that prevents Argentina from ratifying the 1993 Hague Convention on Protection of Children and Cooperation in Respect of Intercountry Adoption. This situation, prolonged despite the social and legal changes relating to children, was reflected in an idea of disfavour towards any international adoption or adoption constituted abroad, with a serious risk of violating the right to the stability of the filiation by adoption of children. The approach has been modified in the new solutions contained in Section 6 of Title IV of Book Six of the Civil and Commercial Code and in the jurisprudential interpretation of these provisions. It remains to be clarified whether, in the current circumstances of the Argentine Republic, the pressing needs of children deprived of a family environment require progress to be made in lifting the reservation in order to facilitate our country's ratification of the 1993 Hague Convention and to profit the advantages of that treaty for the benefit of children |
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