La protección del menor dentro del sistema de justicia desde una perspectiva psicosocial

Abstract

he title of this Doctoral Thesis is “The protection of the child within the justice system from a psychosocial perspective”. The legal protection of minors, from a normative point of view, has been regulated in our country through a series of regulations that start from our Constitution and the Civil Code. From the Organic Law 1/1996, of January 15, on the Legal Protection of Children, partial modification of the Civil Code and the Law of Civil Procedure, the best interest of the legal protection system is based on minors, and this must prevail over any other legitimate interest that may concur. Subsequent reforms of this law have outlined the criteria for evaluation and concretion of the concept of the best interests of the child for the most effective application; however, this is still an undetermined legal concept subject to different interpretations within the same legal framework. In addition to the different readings or interpretations to which the concept of the best interests of the child can be lent, the procedures and techniques used in the Administration of Justice and the premises from which it departs in its role of imparting Justice regarding minors , also and more directly, will give rise to very different decisions about what is meant to be the protection of minors. With this research work, we intend to contribute from an investigative point of view to effective protection of the child through the study of the suitability of the procedures used and the prevailing paradigms in the Administration of Justice, and the contribution to it of scientific instruments useful for better protection of the child. We understand that only from the rigor and scientific nature of the instruments used within the Administration of Justice can we ensure and guarantee the delivery of justice that it has entrusted. For years we have been conducting research on the protection of minors within the justice system and, specifically, our field of study is the procedures in which minors are immersed within the scope of Family Law. Currently this line of research has generated thirteen articles, a preprint and we have two other articles under review. Also, we await the response of shipments of other articles made to various journals. Of the thirteen articles that we have published so far, seven are indexed in the Social Sciences Citation Index-Journal Citation Reports (SSCI-JCR) database and three of these seven articles were published prior to this doctoral period.