- 53 -
1. States Parties shall ensure that a child shall not be separated from his or her parents
against their will, except when competent authorities subject to judicial review determine,
in accordance with applicable law and procedures, that such separation is necessary for the
best interests of the child. Such determination may be necessary in a particular case such
as one involving abuse or neglect of the child by the parents, or one where the parents are
living separately and a decision must be made as to the child's place of residence.
2. In any proceedings pursuant to paragraph 1 of the present article, all interested parties
shall be given an opportunity to participate in the proceedings and make their views
known.
3. States Parties shall respect the right of the child who is separated from one or both
parents to maintain personal relations and direct contact with both parents on a regular
basis, except if it is contrary to the child's best interests. […]
Cf. Opinion provided by expert witness García Méndez during the public hearing in the Case of Fornerón and
daughter v. Argentina, transferred to the file of this case by an order of the President of the Court of April 11, 2017
(supra footnote 5).
326
Cf. Case of Fornerón and daughter v. Argentina, supra, para. 119, and Case of Rochac Hernández et al. v. El
Salvador, supra, para. 104.
327
328
Cf. Advisory Opinion OC-21/14, supra, para. 272, and Advisory Opinion OC-24/17, supra, para. 178.
329
Cf. Case of Fornerón and daughter v. Argentina, supra, para. 119.
Cf. Advisory Opinion OC-17/02, supra, para. 70, and Case of Fornerón and daughter v. Argentina, supra, para. 98.
Similarly, See, Cf. Advisory Opinion OC-21/14, supra, para. 272, and Advisory Opinion OC-24/17, supra, para. 178.
330
331
Expert opinion of Magdalena Palau Fernández provided by affidavit on May 9, 2017 (evidence file, folio 7023).
332
Expert opinion of Magdalena Palau Fernández provided by affidavit on May 9, 2017 (evidence file, folio 7023).
Cf. Advisory Opinion OC-17/02, supra, para. 77; Case of Gelman v. Uruguay, supra, para. 125, and Case of
Expelled Dominicans and Haitians v. Dominican Republic. supra, para. 416.
333