Expulsion orders of foreigners and the right of children not to be separated from their parents: review of judgment no. 102-2021 of the Court of Appeals of Arica
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DOI: https://doi.org/10.7770/rchdcp-V12N2-art2695


Keywords

Expulsion orders
children's rights
family protection
best interests of the child
family separation

Abstract

This article aims to review the decision of the Court of Appeals of Arica, a court of appeals that has ruled - with a dissenting vote - that the expulsion of a foreign citizen convicted of drug trafficking is an infringement of the right of her children - particularly the one diagnosed with autism spectrum disorder - not to be separated from their family, as provided for in Article 9 of the International Convention on the Rights of the Child.  

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