The Best interests of the Minor as a Principle of Interpretation in Mexican Civil Law

Gisela María Pérez Fuentes, Karla Cantoral Domínguez

Abstract

From a doctrinal perspective and based on a case study, this article analyzes the way in which the best interests of the minor has become an important principle of interpretation in Mexico’s legal life. This is observed in the evaluation of different situations in which the federal Judicial Branch has resolved conflicts dealing with fundamental rights, taking into account family law-related issues. Moreover, there are important cases that neither the state nor local courts have resolved as they specifically deal with the protection of minors in the printed media. Therefore, as of the constitutionalization of Civil Law, the traditional form of this particular branch of law has been revised, considering the rescue of the person and in compliance with the international treaties that Mexico has signed, as a form of legal argument.

Keywords

Best interests of the minor; family law; weighting; personality rights of minors; a child’s right to identity

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