Justicia indígena y el principio del interés superior del niño ante delitos de abuso sexual.

Abstract

Indigenous justice is seen as a great achievement within the framework of equalities and human rights, respect for different ethnic groups, their worldview, culture and traditions. Without a doubt, its inclusion in the constitutional framework was a milestone that pushed an entire regulatory fabric to exist for that to happen. The best interest of the child, as a guiding principle for the protection of the rights of children and adolescents, is a great achievement of humanity, and a great challenge for developing countries. Analyzing these two advances of modern constitutionalism is not only an interesting fact from the point of view of legal research, but also a duty. On the one hand, indigenous justice based on customary law, whose regulation, framework, and jurisprudence are born from the customs, traditions, forms and agreements of the communities; and that are strengthened in the different legal bodies such as the Organic Code of the Judicial Function, Organic Code of Children and Adolescence, and Comprehensive Organic Criminal Code; among others where the preponderance of indigenous justice is cited. On the other hand, the best interest of the child, which, being a guiding principle of the State in all its functions and ways of exercising power, directs us to analyze the protection of the rights of minors who are part of indigenous communities and compliance with everything that protects children and adolescents, especially when it comes to crimes of a sexual nature. Both the different types of abuse that can be committed against a minor, as well as the protection measures to guard against them, are part of the State's duty beyond ethnic differences.