Mónaco de Gallicchio v. Argentina
Relatives as Victims | Effective Remedy | Admissibility | Children/Youth
The Committee found that the abduction of the victim, falsification of her birth certificate and her adoption entailed numerous acts of arbitrary and unlawful interference with their privacy and family life. The Committee noted that these acts took place prior to the Convention coming into force in the respective state and it was not in a position ratione temporis to decide in that respect. The Committee could, however, make a finding if the continuing effects were found to constitute violations of the Covenant. As to the visiting rights initially granted to the adopter, the Committee observed that a number of measures were adopted to give redress to the victim and her grandmother, including the termination of the regime of visiting rights provided to adopter.
April 3, 1995
Article 2(3a) [ICCPR], Article 17 [ICCPR], Article 23(1) [ICCPR], Article 24(1) [ICCPR], Article 24(2) [ICCPR]
Articles not violated / not dealt with
Article 2 [ICCPR], Article 3 [ICCPR], Article 7 [ICCPR], Article 8 [ICCPR], Article 14 [ICCPR], Article 16 [ICCPR], Article 26 [ICCPR]
Facts of the Case
The parents of Ms. Ximena Vicario disappeared in February 1977, when she was a nine-month-old child, and their whereabouts were never established. The victim’s grandmother initiated investigations which led to locating her in 1984, in a home of a nurse who claimed to have been taking care of the child after her birth. On 3 February 1995, the Supreme Court of the Province of Buenos Aires has issued a final judgment confirming the nullity of the adoption.