Abstract

TOBON BERRIO, Luz Estela. Prevalence of Children's Rights over state migration power. Rev. Derecho [online]. 2010, n.34, pp.283-305. ISSN 0121-8697.

The present article is part of project called "Derechos de los niños vs potestad migratoria en el contexto jurisprudencial colombiano", funded by Universidad del Norte. The article presents five sentences issued by the Colombian Constitutional Court, whereby the tribunal assesses several children's fundamental rights: the right to have a family and not to be separated from it, as opposed to the state immigration power regarding the expulsion of parents. Here, the author explores the construction of a jurisprudential line which defends the preeminence of the children's rights to have a family, tending towards the restriction of the state's immigration powers. This restriction vanishes, apparently, when the state performs the deportation of an alien parent under the context of executing a sanction derived from its punishing power.

Keywords : Preeminence of children's rights; right to have a family; state immigration power; alien's rights; writ for the protection of fundamental rights.

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