Superior interest for minors on the assignation of food share

  • Lilia Zabala Ospina Universidad de los Andes
Keywords: Child-support, best interests, prevalence of rights, minimum-wage, custody.

Abstract

This article presents the legal frame of food share in Colombia and pretends to evidence that in the legal practice the Principle of Superior Interest is not applied to minors nor the providence of girls and adolescent Children´s Rights when it comes to establish food share. The writing motivates to the reflexion on people´s dignity and justice in the amounts established in some cases. It questions the respect and dignity of the people who have custody on these minors. The text is produced around the results of a research on the subject following a quantitative and qualitative methodology including case study and interviews. The first question was if Children Rights truly prevail over any other; if Minors Superior Interest is fulfilled, if the Constitutional Principles provided in the childhood and adolescence Code for the protection that the State ought to right holders are being respected whenever it comes to the establishment of food share. It also exhibits the problémica observed in the legal practice. Besides, an alternative for a solution is stated, in terms of the set amount, so it acknowledges the minimum basic needs in economic terms and faith and justice around Family Law begins to recover.

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Published
2013-11-30
Section
Artículos Resultado de Investigación