THE BEST INTERESTS OF THE CHILD AS A CONSTITUTIONAL PARADIGM FOR THE PROTECTION OF CHILDREN´S HUMAN RIGHTS
Keywords:
Mexican United States Constitution, Children´s rights, Mexico, Best Interests of the Child, Precedents, Federal Judicial Power, Supreme Court of Justice, Trial judgeAbstract
The Best Interest of the Child is a term that was incorporated into the Mexican Constitution in recent years. Its constitutional hierarchy make of it a principle of binding observance for all Mexican authorities. However, this principle´s content and extend are not clear and judicial authorities have a great deal of discretion giving meaning to it. Even though it is necessary for trial judges to have a range of judicial discretion in order to resolve on a case-by-case way, the issue is that their interpretation relating to its meaning is often too narrow. As a result of it, the work of Federal Judiciary has become an extraordinary asset in order standardize the meaning of the Best Interest of the Child as a constitutional principle. This contribution is a general approach to the work of the Mexican Federal Judiciary in this field.
