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Submitted November 17, 2025
Published 2025-12-03

Artículos

No. 55: Anuario de Derecho

The principle of the best interest of the child as a constitutional right. Necessity of a conceptual framework for the exercise of control of legality emerging from the Attorney General's Office of the Republic.


DOI https://doi.org/10.48204/j.aderecho.n55.a8685

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References
DOI: 10.48204/j.aderecho.n55.a8685

Published: 2025-12-03

How to Cite

Rojas Martínez , J. (2025). The principle of the best interest of the child as a constitutional right. Necessity of a conceptual framework for the exercise of control of legality emerging from the Attorney General’s Office of the Republic. Anuario De Derecho, (55), 94–106. https://doi.org/10.48204/j.aderecho.n55.a8685

Abstract

The principle of the best interests of the child is a fundamental pillar in the protection of children´s rights and should be considered an essential guide in decision-making processes involving minors in judicial proceedings. Its proper implementation requires a commitment from both judicial systems and public policies, as well as society in general. Inconsistent decisions in the context of applying this principle demonstrate the need for an adequate interpretation and argumentation of its content. Since its enactment in the Convention on the Rights of the Child, which has been ratified by several countries, it has not been possible to establish a conceptual framework that contributes to judicial decisions in favor of the child. In this regard, the Attorney General´s Office plays a crucial role as a defender of the principle of legality, which is mandated by constitutional authority.

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