INTER AMERICAN COURT OF HUMAN RIGHTS : Fornerón and daughter vs. Argentina


Facts:A little girl had been placed into a foster family for adoption, but it had been done without the consent of the birth father, Mr Forneron, who had not been able to contact his daughter for years, despite his requests to the State and the justice

Claimants : Inter-American Commission on Human Rights, after a petition of Mr Forneron.

Rights at stakes: Obligation to respect the rights of the Convention, obligation of non-discrimination, obligation to translate the rights of the Convention into the national right, the right to have a fair trial, the right to be heard within reasonnable delay by a competent and independent Court, the family right, the rights of the child, the right to judicial protection, the right to appeal to a competent Court.

Texts: Inter-American Convention on Human Rights (IACHR): art 1, art 1(1), art 2, art 8, art 8(1) art 17, art 17(1), art 19, art 25, art 25(1)

Solution: Mr Forneron has presented requests to the Argentinian State during 10 years . The Court has estimated that the State had failed its duty to put in place a visit system for the birth father of the child. The IACHR has thus been violated according to the Court.