Abstract

CASTILLO YARA, ESPERANZA. The best Interests of the Child and its Necessary Balancing with the Preferred Interest of the Parent with a Disability in Colombia. Rev. Derecho Privado [online]. 2024, n.46, pp.123-152.  Epub Feb 15, 2024. ISSN 0123-4366.  https://doi.org/10.18601/01234366.46.06.

This article analyses the place occupied by the best interests of the child and the preferred interests of persons with disabilities when discussing the ownership and exercise of parental authority. It contributes to the construction of the concept "preferred interests" of the persons with disabilities, which is not enshrined as a principle in Colombian and Spanish legal systems, this follows from the model of the UN Convention on the Rights of Persons with Disabilities inspired by the legal equality of all people, and it is increasingly weighted in the dispute between the rights of the child and the rights of the parent with disabilities.

Keywords : parental authority; guard and custody; preferred interests; disability; the best interests of the child; right to family life.

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