| Summary: | In a state of law, a citizen must live under the protection of their fundamental rights. Therefore, when authorities makes an intervention in a family nucleus and separates children from their parents for alleged protection purposes, it should be noted that if the decision was misguided, during the time that the separation remains, fundamental rights of the whole family are being infringed, especially for children, as stated in Article 9 of the CRC. With these premises, this article reveals that the reasons of risk and abandonment of a child should be typified in order to ensure the full success of the decisions of family separation. In addition, following a declaration of abandonment of a child, a lawsuit should be arise, whose procedural aspects would ensure fully adequate protection of the fundamental rights of the child in question, regardless of their parents' litigator ability.
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