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

Published 2022-09-02
Section Commentaries on Jurisprudence

Authors

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.  

Author Biographies

Constanza Astudillo, Universidad Santo Tomás, Santiago, Chile

E- Mail: castudillom@santotomas.cl

Camila Astudillo González, Universidad Santo Tomás, Santiago, Chile

E-Mail: castudillo3@santotomas.cl