IACHR grants precautionary measures in favor of child Y.A.V.G. in Colombia

October 16, 2024

Washington, D.C. – The Inter-American Commission on Human Rights (IACHR) issued Resolution 72/2024 on October 13, 2024, to grant precautionary measures in favor of the child Y.A.V.G. in Colombia, in the belief that he faces a serious, urgent risk of suffering irreparable harm to his rights.

According to the request for these precautionary measures, José Eduardo Vargas Parra has had no contact with his son, the child Y.A.V.G., since November 15, 2017. The father cites several court decisions granting him visitation rights. However, he continues to be prevented from seeing his child although he has filed various complaints before administrative, civil-law, criminal-law, and constitutional courts. This request for precautionary measures is linked to Petition 1976-23.

The IACHR noted the response provided by Colombian authorities concerning proceedings and investigations that are currently ongoing. The IACHR further noted that, although the child says he has not seen his father for the past seven years, the reports provided by the State do not mention any efforts to restore ties between them or give any information that might indicate that not having ties to his father responds to the child's best interests.

After assessing the legal and factual allegations made by both parties, the IACHR asked Colombia—in keeping with Article 25 of the IACHR's Rules of Procedure—to take all necessary measures to preserve the beneficiary's rights to an identity, to family life, and to personal integrity, based on his best interests, until the controversy concerning the merits of this case has been resolved. These precautionary measures seek to ensure that any decision that is eventually adopted in the petition and case system remains useful. The IACHR also asks the State to assess the impact of this alleged lack of ties between father and son, based on the international standards applicable to the preservation of a good relationship with both parents.

The fact that these precautionary measures have been granted and their adoption by the State do not entail a prejudgment on a potential petition that may be filed before the inter-American system to allege violations of rights protected by the American Convention on Human Rights and other applicable instruments.

The IACHR is an autonomous body of the Organization of American States (OAS) whose mandate is based on the OAS Charter and the American Convention on Human Rights. Its mission is to promote and defend human rights throughout the Americas and to serve as an advisory body to the OAS in this area. The IACHR consists of seven independent members elected by the OAS General Assembly who serve in a personal capacity and do not represent their countries of origin or residence.

No. 249/24

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