Child mental health protected by the Court

• April 25, 2024

Admit and relieve psychological tests to minors in a custody and custody trial, is an act that can be challenged through an amparo in Mexico since January 19, 2011 according to the First Chamber of the Supreme Court of Justice of the Nation.

The ministers of the institution established the importance of guarantee mental health of minors, which is a fundamental right protected by the Constitution of the United Mexican States and the Convention on the Rights of the Child.

They considered that given the risk involved in the application of psychological tests to minors, it is not necessary for them to be hurt to file an amparo, if not enough that there is danger to provoke it.

This criterion also means that any other act within the trial that could affect the mental health of the children, should be considered as impossible repair and therefore it can be challenged by a protection .

The established criterion also applies in cases in which the testimonial of minors is admitted and released in a necessary divorce trial.

Read the official statement at www.scjn.gob.mx

Source: El Universal