O., ME s / Disable
Family Court No. 3 of Lomas de Zamora
16/10 / 2008
Banfield, October 16, 2008 .-
file and access :
Because the issues raised in the case and the Court considering the concurrence of different people outside the record, claiming the adoption of the newborn child of Mrs. O., following the latter's disability, proceed to RESERVE of record .-
Atento the seriousness of the issues reflected in the social and environmental reports made to the Hospital Hospital Esteves and Gandy as yourself from reports submitted by Ms. Unable Advisory and considering the existence of international instruments for the protection of the rights of persons with disabilities, especially the Convention on the Rights of Persons with Disabilities and its Optional Protocol, adopted by Law 26,376, enacted on 21/05/2008, published in the BO on 09/06/2008, ratified both instruments on 09/02/2008, before it, is to warn that the situation described, is a violation of what is prescribed in that instrument, in particular of Article 23, which, under the title Respect for home and family, reads "1. States Parties shall take effective and appropriate measures to end discrimination against people with disabilities in all matters relating to marriage, family, parenthood and relationships, and ensure that disabled people are equal with others to ensure that:
a) Recognize the right of all persons with disabilities of marriageable age to marry and to found a family on the basis of free and full consent of the intending spouses;
b) The rights of persons with disabilities to decide freely and responsibly the number of children they want and the amount of time between birth and one, and access to information, education on reproductive and family planning age appropriate, and the means necessary to enable them to exercise these rights;
c) Persons with Disabilities including children, retain their fertility on an equal basis with others.
2. States Parties shall ensure the rights and obligations of persons with disabilities in regard to custody, guardianship, custody, adoption of children or similar institutions where these concepts exist in national legislation, in all cases ensure the best interests of the child. States Parties shall render appropriate assistance to persons with disabilities in the performance of their responsibilities in raising children.
3. States Parties shall ensure that children and girls with disabilities have equal rights regarding family life. To realizing these rights, and to prevent concealment, abandonment, neglect and segregation of children with disabilities, States Parties shall undertake to provide early information, services and support to children with disabilities and their families.
4. States Parties shall ensure that children are not separated from their 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 in the interests of the child. In no event shall a child be separated from their parents because of a disability of the child, both parents or one of them.
5. States Parties shall make every effort, where the immediate family unable to care for a disabled child, to provide alternative care within the extended family and, failing that, within the community in a family environment. "
In this regard, mindful of the above, I can not help noting the significance that such a convention for Argentina since its ratification, because under the doctrine of the Supreme Court in the case "Ekmekdjian, Miguel A. c / Sofovich, Gerardo "Hierarchy of greater substantive laws, this foundation lies in Article 27 of the Vienna Convention on the Law of Treaties, adopted by Law 19,865, ratified on 05/12/1972- which gives primacy to international treaty law over domestic law by providing that "a party may not invoke provisions of its internal law as justification for failure to perform a treaty." In this sense, the breach of a treaty can be taken for the establishment of internal rules prescribing conduct contrary, for the failure to establish provisions that make it impossible to comply, obliging internationally since its ratification in their administrations, courts apply it to the assumptions that the treaty contemplates.
The circumstances described in the social and environmental reports and legal considerations set forth, deserve the urgent adoption by the judiciary of a resolution to avoid that time elapses at the expense of the mother-child connection and result in the settings a state of newborn abandonment following her mother's disability and family environment in the same .-
THEREFORE, in view of restoring contact between the child and his mother, given existing legal protections and the grave violation of Article 23 of that Convention, in order to avoid international responsibility of the federal and provincial
RESOLVE
1 .- From a restorative perspective of rights, order the reconnection urgent the parent with his child.
2 .- Gandy officiating Hospital to arbitrate the resources needed to move urgently to the newborn from the area of \u200b\u200bneonatology at the hospital to the Hospital Esteves for the purpose of avoiding the continuing situation of decoupling between the child and his mother as a result of this disability. 3 .-
Office to the Hospital receives Esteves ordering the newborn and the necessary means for the staff of this institution to provide the "appropriate assistance" in the baby's reconnection with her mother, noting that it includes the breast stroke , and suckling by her mother as often as the characteristics and needs of a newborn requires
.- 4 .- To express that whenever Ms. O., M. he is living in the Hospital Esteves from 01/06/1908, it is your current residence and therefore of her newborn son (with his mother "), which may persist until it is external or not referred to another hospital. Also according to state that emerges from the birth certificate and ID of the child, the origin of it is located in Garibaldi 1661, Temperley, Partido de Lomas de Zamora and that it was living with his mother in the hospital until Esteves therefore not be resolved otherwise
.- 5 .- Atento grounds in the previous paragraph, would once again intervene to Zonal Service Promotion and Protection of Rights of the Child of Lomas de Zamora Art. 35 Law 13 298) .-
6 .- To inform the relevant provincial government authorities of the impending violation of the prescribed by Section 23 of the Convention on the Rights of Persons with Disabilities, whose respect it committed the state to ratify the Convention and its Optional Protocol. REGISTER
. NOTIFY .- Signed: Maria Silvia Villaverde. Judge. Family Court No. 3 of Lomas de Zamora
0 comments:
Post a Comment