Resumo

AGUILAR DOMINGUEZ, Alexis. Legal Capacity and Parental Rights as Impediments to Justice and the Progressive Autonomy of Children. Derecho glob. Estud. sobre derecho justicia [online]. 2022, vol.8, n.22, pp.73-113.  Epub 28-Nov-2022. ISSN 2448-5136.  https://doi.org/10.32870/dgedj.v8i22.378.

This article lectures the problematic arising from the appreciation of children as subjects of rights, which indicates progressive autonomy; this has triggered a paradigm swing regarding the exercise of rights by themselves, which has led to a change in the dynamics between children and adults in relation to the exercise of their rights. Progressive autonomy has directed to the questioning of two legal institutions: parental authority and the legal capacity of individuals. One of the problems is that parental authority and legal capacity are out of date with the standards that today demands. The current paradigm in most civil legislations in the Mexican Republic considers children as legally incapable subjects, and as an inherent result of such affirmation, they are fully subject to parental authority until they reach the age of majority. This means that the substantive provisions do not expressly recognize progressive autonomy. The main target is to demonstrate that legal capacity and parental authority (institutions still in force) are a drag on the progressive autonomy of children. Resulting from the foregoing, as a secondary target it is proposed to analyze whether the new paradigm implies a progressive reduction of parental authority, along with the gradual progress of autonomy.

Palavras-chave : Child’s progressive autonomy; human rights; superior Interest of the child; parental care.

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