The role of the Best Interests of the Child in practical reasoning: an analysis based on its evolution in Mexico

Abstract

This text aims to analyze the consolidation process based on the role of the Best Interests of the Child (BIC) as a principle and its concrete application in Mexico. For this, the evolution of the rights of children and adolescents in Mexico and the incorporation of the BIC to the Mexican Constitution and the laws derived from it are described. Subsequently, will enter into the study of the interpretation of the BIC in the legal doctrine, in various jurisprudential criteria and in public policy documents, to finally propose a classification of three functions that the BIC may have as a principle in practical reasoning.
The central hypothesis of this work is that, although the ISN has had a favorable effect on the legal recognition and protection of the rights of children, its application remains strongly constrained to the family environment, so it is necessary to continue insisting on its role in the Public policy space. To this end, their understanding can contribute as a principle that can be applied in practical reasoning in specific cases, both collective and individual, based on the specificity of the rights of children.