Abstract

ESTRADA-JARAMILLO, Lina Marcela  and  MESA-GONZALEZ, Ángela María. Pandemic and Human Rights: State Decision Regarding Institutionalized Children. Opin. jurid. [online]. 2020, vol.19, n.spe40, pp.295-311.  Epub Sep 20, 2021. ISSN 1692-2530.  https://doi.org/10.22395/ojum.v19n40a15.

This article analyzes from a critical point of view the decisions adopted by the Colombian state as a consequence of the declaration of a state of social emergency in the National territory due to COVID-19 for institutionalized children. Even though Colombia counts with a wide normativity for the protection of children, these guarantees seem to be unrecognized by the Decree 567 (2020) that enables the family judicial procurators for performing adoption processes, which vulnerates principles of the democratic Rule of Law such as autonomy, judicial independence and procedural impartiality. This research performed a dogmatic study using a documentary technique under an exploratory level. It concludes that there is an evident unpro tection of the institutionalized children and that their rights are in jeopardy due to contradictory, ambiguous and unconstitutional decisions with the risk of remaining as objects of protection in the states of emergency and normality.

Keywords : childhood; state; childhood protection; judicial norm; adoption; COVID-19..

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