Background on the Case
The National Human Rights Commission (CNDH) released a recommendation stating that the Sistema Nacional para el Desarrollo Integral de la Familia (SNDIF) and the Federal Procurator for the Protection of Girls, Boys, and Adolescents (PFPNNA) violated the rights of an indigenous Tlapaneco mother and her daughter.
Context of the Mother and Daughter
The mother was taken to PFPNNA under the impression that her daughter would be enrolled in a supportive boarding school for working mothers. However, due to her limited Spanish proficiency and lack of interpretation or translation assistance, she unknowingly signed a document believing it to be an educational form.
Discovery of the Constancy of Adoption
Later, she learned that the document she signed was a constancy of adoption in favor of the Procurator’s office. When she requested her daughter’s return, the Procurator’s staff only mentioned initiating “evaluations” without disclosing her daughter’s whereabouts or legal status.
CNDH’s Findings and Recommendations
The CNDH concluded that the authorities violated fundamental rights, including:
- Security of legal certainty: The mother was not informed about the true nature of the document she signed.
- Equality and non-discrimination: The mother was denied proper interpretation services due to her indigenous language.
- Right to a life free from institutional violence: The mother experienced coercion and manipulation by the authorities.
- Best interest of the child: The daughter’s well-being was disregarded in the process.
- Protection of the family: The mother-daughter relationship was disrupted without justification.
Furthermore, the CNDH emphasized that no risk was ever established to warrant the daughter’s separation from her mother.
Remedial Measures by CNDH
To address the situation and prevent future occurrences, the CNDH issued a series of measures, including:
- Inscribing the mother and daughter in the National Registry of Victims to access comprehensive damage reparation, which includes:
- Economic compensation: Financial support for the family.
- Medical and psychological attention: Necessary healthcare services.
- Social and educational supports: Resources to help the family recover and thrive.
Key Questions and Answers
- Who is involved in this case? An indigenous Tlapaneco mother and her daughter.
- Which organizations are accused of violating rights? The Sistema Nacional para el Desarrollo Integral de la Familia (SNDIF) and the Federal Procurator for the Protection of Girls, Boys, and Adolescents (PFPNNA).
- What rights were violated according to the CNDH? Security of legal certainty, equality and non-discrimination, right to a life free from institutional violence, best interest of the child, and protection of the family.
- What measures did the CNDH recommend to address the situation? Inscribing the mother and daughter in the National Registry of Victims for comprehensive damage reparation, including economic compensation, medical and psychological attention, and social and educational supports.
