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B. Applicable domestic legal framework at the time of the events
B.1 Process for the declaration of abandonment
Article 47 (abandoned minors). Abandoned minors are considered to be: (1) Those who,
lacking parents, have no one to take care of them, and (2) Those who, due to neglect, resort to
vagrancy or begging.
Article 48 (minors in danger). Minors in danger are considered to be: (1) Those who are
victims of exploitation by adults, who engage them in begging or working in bars, gambling
dens, brothels and similar places; (2) Those who have been induced into or placed in an
irregular situation by adults or who benefit from the product of acts categorized as offenses
committed by adults; (3) Children of immoral or dissolute parents or of prostitutes, who keep
them in the places mentioned in subparagraph 1, and (4) Those who, for any reason, are at
risk of engaging in an irregular or dissolute conduct.76
B.2 Adoption procedure
73
Cf. Report of the Human Trafficking Prosecutor of June 2, 2017 (evidence file, folio 7700).
74
Cf. Children’s Code. Decree No. 78-79 of November 28, 1979, art. 1 (evidence file, folios 3442 and 3443).
75
Children’s Code. Decree No. 78-79 of November 28, 1979, art. 5 (evidence file, folio 3443).
76
Children’s Code. Decree No. 78-79 of November 28, 1979, arts. 47 and 48 (evidence file, folio 3447).
77
Children’s Code. Decree No. 78-79 of November 28, 1979, art. 49 (evidence file, folio 3447).
Children’s Code. Decree No. 78-79 of November 28, 1979, arts. 19, 42, 43 and 49 (evidence file, folios 3444 and
3447).
78
79
1985 Constitution of the Republic of Guatemala, art. 54 (evidence file, folio 3368).