In a decision revoking a guardianship adoption welcomes Constitutional Court Attorney thesis

The requirements and points raised by the Prosecutor for the Defense of the Rights of the Child, Youth and Family before the Constitutional Court in order that protects the fundamental rights of a teenager to have a family, unless separated from it, dignity, care, health and mental emotional, were welcomed at the Judgement T-844 of 2011, which ordered, inter alia, revoke an adoption decree handed down by a family court judge.

The prosecution presented the September 16, 2010 a concept to the Seventh Chamber Guardianship Review of the Constitutional Court, which requested the revocation of the adoption decree, arguing that irregularities were committed by the Institute attributable Colombian Family Welfare (ICBF) for the administrative process (in place of the Juvenile Code for the relevant time), when it was decided that a girl of 9 years and have been abandoned as a protective measure ordering the initiation of procedures of adoption.

The Division, based on the principle of best interest of the child, based his request on the care provided by extended family members during their first years of age, who assured him their general welfare. In this concept of Control Authority, the ICBF was not discussed at length the family environment so the child should never be separated from it or find another family to the emotional ties that always kept with whom she was raised. The prosecution considered that this contributed to the present strained relations between the adopter and adopted and the subsequent reinstatement of the child to ICBF within months of adoption.

These theses of the Office were accepted by the Constitutional Court, that the above statement noted that "the finality of adoption does not mean that in cases where they have ignored the fundamental rights of children and adolescents and their family , it is not appropriate as something excepcionalísimo ". The High Court overturned the decision of the ICBF through which the girl declared abandoned, the court reversed the ruling family which was decreed by the adoption and had been reviewed by the Civil Cassation the Supreme Court to decide the extraordinary remedy of review and also reversed the ruling issued in home care by the same corporation.

With its decision, the Constitutional Court granted the protection of fundamental rights of the minor to have a family, not to be separated from her and the due process allowed her (now 17-year and single mother) to continue living together with his sister through his mother and grandparents, without implying that his biological mother returns or his extended family. The ruling also ordered the inclusion of the mother and child in the programs that currently exist or those that come to create to meet their emotional, psychological and economic.

One of the approaches to the Attorney to the Constitutional Court was to ask the ICBF to design a protocol manual which defines the guidelines to be followed by officials of that institution for the procedure in adoption issues. The Constitutional Court fully embraced this view of prosecutors and ICBF urged to adopt the above protocol to not make the mistakes that were evident in the case demanded.

Constitutional Court stressed the importance of listening to the minor in evidence during the administrative process in order to obtain greater certainty about the extent that it was more advisable for their protection, a procedure that failed at the time the family advocate have disclosed that the girl's perception of relatives with whom they lived. The prosecutor delegated Ilva Hoyos Myriam Castaneda moved the July 9, 2010 to the city that was the teenager and attended his statement (in the process of reviewing guardianship), which confirmed that the application of the revocation of the adoption decree law was what belonged to who was wrongly separated from their family environment.

The Division for the Defense of the Rights of the Child, Youth and Families held a permanent monitoring of ICBF management against the guarantee of the rights of the child during the years 2010 and 2011, even told the Court Constitutional about her pregnancy and later on the birth of their son in August 2011 and also asked the High Court promptly uttering the sentence of custody.

The Office will remain attentive to the security and effectiveness of the rights of a teenage mother and her child and will follow up ordered by the Constitutional Court in that decision.