English

T-074, /16.  Foster children .

The Court decided that foster children, due to their solidarity with the concept of paternity, are beneficiaries of the survivor's pension, as are the biological and adoptive children and of simple upbringing, since today the right must be adjusted to the realities legal, recognizing and providing protection to those relationships where people are not bound by legal or natural ties.

The court protects the foster families by joint assumption of paternity, "cases in which although there is no replacement of the bonds with the ascendants of a child, a person of the family, by virtue of bonds of affection, respect , solidarity, protection and understanding assumes the economic responsibilities acting in accordance with the principle of solidarity, "said the decision.

 This decision is systematically in accordance with the provisions of the Universal Declaration of Human Rights, the International Covenant on Economic, Social and Cultural Rights and the Convention on the Rights of the Child of 1989, which specifically stipulates the obligation on the part of States to protect the extended family.