IACHR grants precautionary measures in favor of A.R.C.B. in Paraguay

June 10, 2025

Washington, DC—The Inter-American Commission on Human Rights (IACHR) issued Resolution 43/2025 on June 7, 2025, to grant precautionary measures in favor of A.R.C.B. in Paraguay, in the belief that he faces a serious, urgent risk of suffering irreparable harm to his rights.

According to the request for these precautionary measures, 9-year-old A.R.C.B. has had no contact with his mother, Maura Raquel Barrios Recalde, since 2023, despite a 2021 court decision establishing a cohabitation arrangement for mother and son. The party who requested these precautionary measures said that the court decision had not been enforced, due to the fact that the boy's father had refused to hand over the child and due to the many requests for recusals the man had filed against the judges who were dealing with this case.

The State acknowledged that it was important for A.R.C.B. to have ties and interact with both parents and admitted that, if he did not have ties with both parents, the boy risked becoming increasingly vulnerable. The State noted that it had taken judicial and other measures to restore ties between the child and his mother, Maura Barrios. However, the State's report said that the father's many requests for recusals were making this process unfeasible.

After assessing the legal and factual allegations put forward by the parties, the IACHR noted that, despite all action taken by the State, there was no evidence of any measures that might have led to a restoration of ties between mother and son or enabled a cohabitation between mother and son. There is also no evidence of any measures taken to assess the boy's current situation, and particularly any potential effects of the gradual reduction in his ties with his mother. The IACHR warned that this situation could have an irreversible negative impact on the emotional development of A.R.C.B. and on his right to have ties with his mother.

Therefore, based on Article 25 of its Rules of Procedure, the IACHR asked the State of Paraguay to take all necessary action to protect the rights of A.R.C.B. to a family life, to an identity, and to personal integrity. In particular, the State must immediately design a plan for the boy to have adequate ties with his mother, in keeping with the relevant court decision issued on January 7, 2021, with any psychosocial support required based on the applicable standards concerning the child's best interests.

The fact that these precautionary measures have been granted and their adoption by the State of Paraguay do not entail a prejudgment on a potential petition that may be filed before the inter-American system to allege violations of rights protected by the applicable instruments.

The IACHR is an autonomous body of the Organization of American States (OAS) whose mandate is based on the OAS Charter and the American Convention on Human Rights. Its mission is to promote and defend human rights throughout the Americas and to serve as an advisory body to the OAS in this area. The IACHR consists of seven independent members elected by the OAS General Assembly who serve in a personal capacity and do not represent their countries of origin or residence.

No. 118/25

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