Derecho a ser escuchado de niñas, niños y adolescentes : mediación en procesos de divorcio.

Abstract

The present paper seeks to provide a solution to the lack of specific regulation to solve the violation of constitutional rights in the mediation process. The violated right to analyze consists of the right to be heard of children in the framework of divorce mediation procedures. The mediation agreement is configured as a general rule under the authority of res judicata, but in the specialty of children rights, agreements on the matter are granted a legal situation by which they are not configured under the authority of res judicata. Under these conditions, the agreement maintains its quality of execution title, so an examination of the procedure or substance of the resolution is not feasible under current regulations. Justice operators do not have ordinary actions to annul a mediation agreement, rather they are governed by the parameters of enforceability to determine if the obligation contained is liquid and currently enforceable, being able to declare the agreement as unenforceable. However, there is a way to substantiate the violations of constitutional rights through jurisdictional guarantees, for which we will proceed to analyze which one is the ideal one.