Ponderación de derechos constitucionales entre el interés superior del menor y los derechos de las personas discapacitadas

Abstract

Starting from an analytical and conceptual point of view of the legal figures used by the judges of the Constitutional Court, in this case study we sought to develop in an explanatory way from the perspective of law what was done by the judges of the Constitutional Court, in Judgment 0612-SEP-CC, in order to be able to expand the rights that are violated in this case, in which two rights established in the Constitution collide, which are the best interests of the child in the right to food, and the dignity of a disabled person who is forced to carry out work activity putting his own life at risk, in order to comply with the payment of his obligation, as well as the right to freedom of movement, since he is deprived of this for falling in the non-payment of alimony that he has to pass on to his daughter. Given the above, there is a double vulnerability of rights, with a very specific peculiarity, and that is that both procedural parties belong to the groups of priority attention, for which the Constitutional Court, through the interpretive method of weighing rights, makes a argumentation gathering the legal antecedents that have brought this case to these instances, in order to take as appropriate what was done by the judges of the other chambers, and carry out an examination of constitutionality with respect to the rulings of children's courts in order to pass judgment on the case specific.