Covid-19: medidas adoptadas respecto de los menores¿limitando el ejercicio de la patria potestad?

Abstract

The functions of the institution of parental authority have been in effect throughout the state of alarm decreed by the Government, as well as in the subsequent periods of confinement established to try to prevent the virus. For the resolution of conflicts, the best interests of the minor have been taken into account, in order to avoid harmful disturbances to the children in cases of change of the holder of the custody power or to avoid damages in their family environment or against third parties people. The declaration of the state of alarm did not legitimize the failure to comply with judicial decisions. With the mandatory presence in the schools of minors, new problems have arisen such as those that arise when there is a serious health problem of a partner of the minor, since the case should be assessed by the educational authorities in order to be exempted from attending to school. The question is that in our country there is no alternative regulation to the presence that they do offer in other countries, such as homeschooling