The Interest of the Child /Opinion of Blanca Torres. Legal Investigacion.

Childhood is considered the most important stage in the life of any person, whether male or female determining their development, thus being the cause of their stability or disorders as an adult.

For this reason, Mexico has as its guiding principle the Higher Interest of the child being embodied in the Federal Constitution, in internal laws and international treaties that Mexico has ratified. It is essential that minors be treated in a specialized manner, with the sole purpose of favoring their rights so that they enjoy them fully, avoiding any damage to the enjoyment of their rights.

As mentioned in the Children’s Observatory (2006), where they seek the well-being of children so that their basic needs are met, as well as the development of their capacities as rights subjects, so that our internal laws have implemented policies and actions that benefit them in any judicial action.

Safeguarding the best interests of the minor, forcing them to resolve any dispute in favor of the interests of the minor, always of the interests of the minor, having to go beyond the direct and foreseeable affectation, where their protection could be involved or that could be affected.

The providers of justice according to their work must guarantee the right of access to justice for the child, beginning by judicial means, guaranteeing their human rights by taking special measures and attending as a priority to the best interests of the minor.

The aspects directed to guarantee their child development and the full exercise of their rights, is to satisfy basic and spiritual, emotional, educational needs of the minor, taking into account the wishes, feelings and opinions of the minor. When children and adolescents are involved in legal proceedings such as custody, custody, parental rights, visitation and alimony, the child has the right to be heard in any process that involves him, except for exceptions expressed by law.

The principle of the best interests of the child fully assesses all possible effects on the rights of the child in the face of a conflict of rights and for this reason the importance of its application is considered as a matter of public order and social interest, since part of the disadvantaged situation in which childhood is, forcing the State to act informally for their protection and provide them with assistance and representation necessary for the exercise of their rights.