RIGHT TO JUDICIAL PROTECTION IN FAMILY JUSTICE. ESPECIAL REFERENCE TO THE CHILD AS SUBJECT OF JURISDICTION IN FAMILY COURT

Authors

  • Miguel de J. NERIA GOVEA
  • Christian Norberto HERNÁNDEZ AGUIRRE
  • Jessica MENDIVIL TORRES

Keywords:

Right to judicial protection, best interest of the child, family justice

Abstract

In this article we analyze two variables, the child as a subject of family court, and the right of effective judicial protection. Our hypothesis is that the best interests of the child must be intertwined with the right of effective judicial protection in the family jurisdiction. We find that the principle of rationality and balancing, serve as judicial methodological instruments to protect both rights.

Author Biographies

Miguel de J. NERIA GOVEA

Research professor at the Autonomous University of Baja California, at the Faculty of Social Sciences and Administrati

Christian Norberto HERNÁNDEZ AGUIRRE

Research professor at the Autonomous University of Baja California, at the Faculty of Social and Administrative Sciences.

Jessica MENDIVIL TORRES

Research professor at the Autonomous University of Baja California, at the Faculty of Social and Administrative Sciences.

Published

2021-07-01

How to Cite

NERIA GOVEA, M. de J. ., HERNÁNDEZ AGUIRRE, C. N. ., & MENDIVIL TORRES, J. . (2021). RIGHT TO JUDICIAL PROTECTION IN FAMILY JUSTICE. ESPECIAL REFERENCE TO THE CHILD AS SUBJECT OF JURISDICTION IN FAMILY COURT. RIDP REVISTA INTERNACIONAL DE DERECHO PÚBLICO - ISSN 2954-3924, 1(01), 67–86. Retrieved from https://ridp.udem.edu/revista/index.php/dp/article/view/10