From parental authority to parental responsibility legal evolution and challenges for the protection of children

Alfredo Alves Chilembelenbe Seyungo; Rosaria Lucrecia Correia Dumbo; Eunice Chipululo; Luis Clei-Brito; Alberto Katumbela Kavinda Canjamba

Resumen:

The transformation of Family Law over recent decades has profoundly redefined the traditional concept of parental authority, shifting from a model based on parental prerogatives to one centred on parental responsibility and the comprehensive protection of children’s rights. This study aims to examine the legal evolution of filiation and parental authority from a historical, comparative and human rights perspective, identifying the main challenges arising from the transition towards parental responsibility within Latin American legal systems. A qualitative legal methodology was adopted, combining doctrinal, normative, jurisprudential and comparative analysis. The review included national legislation, international human rights instruments, case law of the Inter-American Court of Human Rights and specialised scientific literature published between 2020 and 2026. The findings reveal a progressive trend towards replacing the traditional concept of parental authority with parental responsibility, understood as a legal function guided by the best interests of the child, shared parental responsibilities and respect for the child’s evolving capacities. Nevertheless, significant challenges remain regarding assisted reproduction, socio-affective filiation, diverse family structures and legislative harmonisation across Latin America. The study concludes that consolidating the parental responsibility paradigm requires a reinterpretation of traditional Family Law institutions in accordance with international child protection standards