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Abstract

Illegal detention requires in the detainee an abstract natural ability to decide for him or herself about movement in space, singularly about leaving the spot; that’s why it can’t be perpetrated on very young people, whose personal lack of natural ability may not be replaced by the will of their legal guardians. Therefore once we rule out the application of illegal detention for acts of “child abduction” then it must be advocated the reintroduction or the legal offence of child abduction, in order to protect children from the separation from his legal family, in so far as this separation is harmful to their right to identity.