On November 1, the Vice President of the Republic and President of the Senate, Beatriz Argimon, shared a television spot on his social networks that is part of the campaign financed by the government to defend the Law of Urgent Consideration (LUC).
In the video (which is still on Argimón’s Twitter account and was shared by Álvaro Delgado at the time), music is heard that mixes candombe and milonga with emotional melodies along with a voice that repeats “freedom” endlessly along with a harmonious chorus in the background. The screen reads that “the LUC reduced the adoption process from 5 years to 18 months,” which ends with the word “freedom” in full screen in capital letters. “More opportunities for children. Vote for adoption. Vote no ”, concludes the text of the video.
The video mentions article 406, which is not in the 135 articles that the “Yes” campaign seeks to repeal, being a misleading message for the electorate.
Fake news
The news agency Agence France-Presse (AFP) joined the search for false news both in the campaign in favor of the LUC and in the one that seeks the repeal of 135 articles, from its fake news investigation cell AFP Factual.
In an article entitled “The term of the adoptions is not among what is sought to repeal of the key law of the Uruguayan government” he also finds falsehoods in the spot shared by Argimón and Delgado, and of which coalitionist militants have echoed in all networks social.
“Among the 135 articles that are being repealed, there are two related to the adoption regime: 403 and 404. These enable a Family judge to decide on the selection of a family and the family integration of the adopted without having gone through the the customary process of selecting the technical teams of the Uruguayan Child and Adolescent Institute (INAU) ”, says the AFP Factual article written by journalist Manuela Silva.
However, these articles do not refer to the fact that the “adoption process” must be concluded in 18 months, the communicator added.
In the text of the LUC there are two articles that refer to adoptions, which are 405 and 406, but these are not among the 135 to be repealed in the referendum.
“Regarding the five-year duration of the adoption process mentioned in the viral publications and in the accompanying video, it is not specified in any legal body,” adds the journalist.
A structural problem
For his part, Carlos Salaberry, general secretary of the INAU (SUINAU) Single Union of Workers, told AFP Factual that adoptive parents may have to wait relatively long periods of time to complete the process, but that “has nothing to do with the law ”that is, “What Delgado says is not exact” because “The delay of adoption depends” of other aspects and not of the current legislation.
The years delay, Salaberry adds, is due “pure and simple” to the limited number of workers dedicated to analyzing and processing adoption applications.
The desirable versus the achievable
It is true that the amendments to the LUC should speed up the processes, because it literally establishes that 18 months is the maximum period, but that this will not always be the case, lawyer Ema Carozzi, an expert in Family Law, explained to the news agency. .
The LUC also accelerated certain parallel judicial processes, such as the initiation of the trial for the separation of the previous family of the minor to be adopted, which Carozzi saw as “a problem” in the previous legislation. Throughout the process, the adoption stage is the shortest of all and begins when a family has already been selected for a child and it is understood that they are already in a position to be adopted or adopted.
It ends only when the adopting family signs all the documents incorporating the new member, and there is no specific term for this beyond the LUC speaking of eighteen months, and “in some cases, it may be convenient not to start the process of definitive separation [de la familia de origen] immediately and wait for the time necessary for the child to adapt to the [nueva] family, ”Carozzi explained.
Additionally, says the lawyer, the pandemic slowed down all the adoption process like any other procedure in the State, so there could be delays in the adoptions that were already underway.
Gaciela Bianchi: “AFP lies”
The nationalist senator, Graciela Bianchi, soon came out to contradict the news agency, stating that it “distorted the news” and denouncing that whoever wrote the note “surely a militant Uruguayan correspondent.”
“The articles that are being challenged must be considered essential for speeding up the deadlines. Give powers to Justice to replace the INAU! “, Said the ultra-conservative legislator.
“They are articles 403 and 404 of the LUC. Those who do not value the rule of law disqualify the JUDICIARY, which is one of the three independent powers. With or without the intervention of the INAU, the JUDGE always has the last word. Do not lie anymore, ”she added on her Twitter account, a social network in which the senator is extremely active.
