INTERNATIONAL RESTITUTION OF MINORS: A LOOK FROM JURISDICTIONAL REALITY

Abstract

In this study, from a procedural perspective, a discussion is raised from the previous results from a current investigation about the barriers that Mexican legal order presents when facing the process of international restitution of minors, which makes it impossible to fulfill completely the compromises undertaken by the Mexican State by signing the Hague Convention on Civil Aspects of the International Abduction of Minors. In this respect, a review is performed on the procedural normativity in Mexico about the subject, and an examination is made to the inadequate and imprecise interpretation of the Law which exclusively a State who is part could perform, which would constitute a limitation to achieve the goals of the Convention. This study concludes with some considerations about the process of restitution or minors and the relationship with custody, the affectation to its psychical, and moral integrity, and the need to, as such, the States which are a part of it, and Mexico in particular, issue the mechanisms that allow the effective fulfillment of the acquired obligations.