Los alcances del interés superior del niño.

Abstract

Best interest of child is shown before the legal system as a protectionist institution of children rights, putting those interests as a priority in front of State. Being this a Human Right issue, State is specially called to protect children, as a vulnerable group in society. This means this legal institution must allways be applied if there are children rights involved. It must be applied by the authority who is going to resolve about a situation. The decision of the authority must be duly motivated, entsuring compliance of children rights, and, at the same time, entsuring with efectiveness the compliance of other guarantees of the child and the rest of citizens. Nevertheless, in many times this institution can be subject of misunderstandings, causing the authorities responsable of applying it, commit abuses, instead guaranteeing rights. That´s because it is necesary to make a study about this subject.