Resolution No. 59 IACHR. Precautionary Measure No. 984/19 (Trinidad y Tobago), 09-01-2019

• Case Outcome: Granted
• Case Type: Precautionary Measures
• Respondent State: Trinidad & Tobago
• Date: 09 January 2019
• Court: Inter-American Comission of Human Rights
• Resolution Number: 59

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INTER-AMERICAN COMMISSION ON HUMAN RIGHTS

RESOLUTION 59/2019

Precautionary Measure No. 984-19

Child J.M.V regarding T.a.T.

December 9th, 2019

I. INTRODUCTION

1. On O. 22nd, 2019, the Inter-American C.n on Human Rights (“the Inter-

American C.n,” “the C.n” or “the IACHR”) received a request for precautionary

measures in favor of the child J.M.V. (“the potential beneficiary”), f rom the civil society organization

“Defiende Venezuela” (the applicants), urging the IACHR to request the S. of T.a.T.

(“T.a.T.” or “the S.”) to adopt the necessary measures to protect his rights to

identity, family and personal integrity. According to the request, the potential beneficiary, a one-

year-old child, was placed under the S.’s custody shortly after he was born and has not had

contact with his biological family until the present time.

2. The C.n requested information from the S., pursuant to A.cle 25 of its Rules of

Procedure, on O. 29th, 2019. H., no response has been received to date. The applicants

submitted additional information on November 7th, 2019.

3. After analyzing the factual and legal allegations submitted by the applicants, the C.n

considers that the information shows prima facie that the child J.M.V. is in a situation of seriousness

and urgency as his rights to personal integrity, identity and family are at serious risk of irreparable

harm. C., pursuant to A.cle 25 of its Rules of Procedure, the C.n requests that

T.a.T. take the necessary measures to protect the rights to personal integrity, identity

and family of J.M.V. In particular, by timely processing the proceedings and evaluating whether the

measures dictated in his regard comply presently with his best interest as a child, a ccording to the

applicable international standards on the matter, as founded by updated pertinent technical

assessment, in light of paragraphs 17, 19-21 of the present R..

II. SUMMARY OF FACTS AND ARGUMENTS

1. Information provided by the applicants

a. Background

4. The child J.M.V. was born on September 6th, 2018 in T.a.T., to Ms. I.C......

.

V., a V. national. According to the information provided by the applicants, Ms.

V. discovered she was pregnant on February 2018 and did not “feel motivated” about it,

presumably because of the conditions in Venezuela at that time and because she “felt ashamed,”

since the father was married to someone else. In that context, in August 2018, a friend of hers put

her in contact with a woman, M...B. , who knew a couple in T.a.T. willing to adopt a

newborn child. Ms. B allegedly offered to pay for Ms. V. expenses so she could travel to

T.a.T. and meet the couple interested in adopting the childThe couple would prepare

the necessary procedures to ensure her entry in the country, including “plane tickets, prior expenses,

letter of invitation, among others”. Ms. V. allegedly stated that she wished to meet the

prospective parents first, before considering whether she wanted to give the baby for adoption.

5. On August 23rd, 2018, M..V. flew to T.a.T., where she was received

and hosted by Ms. B., who informed her that her request to meet the prospective parents would

depend on the approval by the couple’s attorney. According to the precautionary measures request,