Civil Liability for Affective Abandonment of Children

This study aims to demonstrate the possibility of establishing civil liability for affective abandonment of children and adolescents. Through the evolution of the family, it can be seen that filiation is protected by fundamental rights laid down in the constitution. The family entity has its rights guaranteed by the constitution. As such, filiation is protected with the aim of ensuring rights that are essential for the full development of children, such as the duties to care for, raise and educate. These duties should arise spontaneously in parents. However, nowadays there is a lack of fulfilment of essential rights and duties in the relationship between parents and children, which can cause helplessness and suffering for the children, constituting moral damage that can be compensated. The purpose of such damages is to compensate for losses, bring justice to the victims and curb this type of behaviour. It is clear that paternal affective helplessness is present in today's society, as well as the damage it causes. For this reason, a legal solution is necessary in order to achieve an effective state response to repair the damage or curb this type of behaviour.