must be based on technical evaluations presented by the multidisciplinary teams, and the
justification must be objective, appropriate, and sufficient, based on the child’s best interests.
It is also necessary to take into account the opinion of the child, his or her parents, family,
and other persons who are important in the life of the child with respect to the conditions of
application, maintenance, modification, or termination of the protective measures.258
147.
Furthermore, in the event a child is removed from his/her nuclear family, the State must do
everything possible to keep that tie by temporarily intervening and steering its actions toward reinserting the
child into his/her family and community, as long as it is not contrary to his/her best interests.259 The InterAmerican Court has been very clear in establishing that, in these situations, the child must be returned to
his/her parents as soon circumstances allow it.260
148.
In those cases where it has been substantiated that it is impossible to reestablish ties
between the child and his/her parents or extended family, permanent special protection measures shall be
adopted to facilitate a final solution, such as adoption, to the child's situation, upholding the child's best
interests, especially his/her right to live, grow, and develop in the midst of a family.261 The standards of
international human rights law with regard to adoption are indicated below. Bearing in mind that the
American Convention does not refer expressly to this concept, nor to the use of the corpus juris on the rights
of the child to interpret and enforce the American Convention, these standards are relevant for taking a
decision in the present case.
1.3.
Adoption of children
149.
Article 21.a of the Convention on the Rights of the Child provides for the following:
States Parties that recognize and/or permit the system of adoption shall ensure that the best
interests of the child shall be the paramount consideration and they shall:
a) Ensure that the adoption of a child is authorized only by competent authorities who
determine, in accordance with applicable law and procedures and on the basis of all
pertinent and reliable information, that the adoption is permissible in view of the child's
status concerning parents, relatives and legal guardians and that, if required, the persons
concerned have given their informed consent to the adoption on the basis of such
counselling as may be necessary.
150.
As for the Court and the Commission, they have both referred to the safeguards that must be
put in place in adoption processes. The Court has indicated that, in view of the importance of the interests
involved, the administrative and judicial procedures concerning the protection of the human rights of
children, especially those in connection with adoption, must be dealt with "by the authorities with
exceptional diligence and speed."262
151.
This is because, as a consequence of removal of a child from his/her parents or family of
origin, the child's right to personal integrity and integral development, right to a family and identity, can be
258 IACHR, The Right of Boys and Girls to a Family. Alternative Care. Ending Institutionalization in the Americas. October 17,
2013, para. 244.
259 IACHR, The Right of Boys and Girls to a Family. Alternative Care. Ending Institutionalization in the Americas. October 17,
2013, para. 71.
260 I/A Court H.R. Juridical Condition and Human Rights of the Child. Advisory Opinion OC-17/02 of August 28, 2002. Series A
No. 17, paras. 75 and 77.
261 IACHR, The Right of Boys and Girls to a Family. Alternative Care. Ending Institutionalization in the Americas. October 17,
2013, para. 74.
262 I/A Court H.R. Case of Fornerón and Daughter v. Argentina. Merits, Reparations and Costs. Judgment of April 27, 2012, Series
C No. 242, para. 51; and Matter of L.M., Provisional Measures regarding Paraguay. Order of July 1, 2011, considering clause 16.
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