Does the administrative process of restoration of rights threaten the substantial rights of children and their parents?

Abstract

The administrative process of restoration of rights, is an administrative procedural institution headed by the Colombian Family Welfare Institute (ICBF), acronym in Spanish of “Instituto Colombiano de Bienestar Familiar”, designed to ensure effective protection of the best interests of the child. This instance empowers family to advocate imposing measures to protect and restore the rights of children, guided by integral concepts of an interdisciplinary group of professionals at the service of the ICBF. However, many of the imposed measures do not obey any objective criteria; and, due to the discretional nature of the motivation of these decisions, on many occasions fundamental rights of children and parents are broken. The principle of best interest must prevail in all procedural actions involving decisions affecting, modifying or restricting the rights of children and are determined by considerations of proportionality, rationality and necessity so that they can effectively guarantee their rights. These measures, apparently discretionary, cannot discriminate or break the fundamental rights of the parents; and may result in the establishment of custody and personal care of the child in the head of their biological father or in the foster parents. Otherwise, the substantial rights of the subjects involved would be seriously and irremediably affected.