The facts of the case concern the state’s omission in relation to the international adoption of the children Osmín Ricardo Tobar Ramírez and J.R., respectively seven and two-years-old.

The Inter-American Court analyze the facts wihin a context of irregularities in the adoption processes of children in Guatemala, such as inadequate regulations and weak supervisory bodies. In its decision, the Inter-American Court established standards to analyze the separation of children from their families in the light of international law, in particular the right of children to be heard, and the duty for a state body to substantiate its decision.

The Inter-American Court also analyzed the facts rejecting a potential violation to the prohibition of human trafficking, due to lack of evidence.