The best interests of the minor and the canon of reinforced reasonableness in situations of risk and neglect: protection, foster care and adoption actions

Abstract

This study will focus on the analysis of the actions that must be carried out by the Administrations and public authorities in general, and by families and educational centres in particular, in order to prevent, raise awareness, care for, protect, inform and protect unemancipated minors from situations of risk, abandonment, harassment, violence and other illicit behaviour that take place both in a physical and digital environment. To this end, we will study all these situations and the implementation of necessary measures from public and private bodies. We will deal with guardianship and protection figures such as the de facto guardianship of minors, foster care — with special reference to cross-border foster care —; and adoption — with regard to open and international adoption-. Under the new EU regulations — the General Data Protection Regulation, the Digital Services Regulation and the Artificial Intelligence Regulation — we will highlight the requirements for the protection of minors and those that must be adopted by each Member State in particular, through the Data Protection Agency, the Data Protection or Artificial Intelligence Committee and the national Parliaments.