In matters of family law, our legal system enshrines a series of fundamental principles regarding the protection of the rights of children and adolescents (NNyA), in order to recognize and provide them with effective judicial protection.
He “best interests of the child” It is a concept defined by the Convention on the Rights of the Child of constitutional rank and recognizes its primacy over any other right or interest.
This Convention established a theoretical and practical vision of adolescence and childhood. Our regulations respect, guarantee and present the child as a subject of human rights; accepts the principle of the best interests of the child, his right to be heard so that his voice is taken into account in all matters that affect him, and at the same time highlights his progressive autonomy.
In family processes there are still many doubts and controversies regarding the convenience of the participation and action of the child or adolescent and having them take part in the process itself, as well as the age at which they must be to be able to do so. . Without a doubt, it is important to take into account the constitutional principle of their autonomy and progressive capacity to exercise their own rights.
The recognition of the capacity of minors and their progressivity constitute a matter of public order. It must be gradual and judicially reviewable; flexible and proportional according to their capacity.
In our Civil and Commercial Code, age is only a guideline of consideration since equal ages do not mean equal capabilities. It will depend on each particular case and an adequate interdisciplinary evaluation. The greater the autonomy and capacity of the minor person, the more they exercise their rights through their parents (substitute representation). But when there are conflicts of interest with the elders, you can intervene with proper legal assistance.
Minors have the right to be heard and participate in decisions about their person, in any judicial process that puts their general well-being at stake.
Not only must the rules that govern family proceedings be applied in order to facilitate access to justice, but the best interests of children must also be imposed in all matters taken by the courts, legislative bodies, public or private institutions, such as their administrative authorities.
In this sense it is a commitment of the State guarantee listening in those processes where issues related to the right to co-parenting, the protection of their identity, and food as a human right, among others, must be resolved.
Lawyers, dedicated to family issues and as operators of justice, We have the obligation to act with extreme diligence in each of our interventions and in all processes where the rights of a minor are in danger, in order to promote and strengthen their full development, avoiding violating their rights and generating new damages..
Contact information:
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by CEDOC
