La vulneración del principio del interés superior del niño en los procesos judiciales por tenencia.

Abstract

The present investigation, entitled “Violation of the principle of the best Higher Interest of the Child in judicial proceedings for Tenure”, main purpose of analyzing the resolution 1301-2006 and on this process determine the rights infringed by the final opinion of the same. In this sense, the work was framed in a documentary research, which allowed to develop the different analyses based on the bibliographic review and documentary sources that underpin this study. It should be mentioned that in the present work, we proceed to the research and analytical synthesis of the rules and guarantees of protection to the Higher Interest and the progressive autonomy of children’s rights, aimed at dealing with children’s issues that allow the suitable parent to request tenure in accordance with 116th of the Children’s and Adolescents Code and International Instruments, such as the Convention on the Rights of the Child, in order to protect the rights and thereby the Higher Interest of Children. As a result, it concludes that the principles of the Higher Interest may be affected during the course of these processes, being a fundamental factor to implement preventive measures to ensure the well-being of the child. This can be seen in the different cases of separations in which children form a primary reason in the dispute over their tenure.