Summary of Reconocimiento de paternidad: Ya lo dijo la Corte

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00:00:00 - 00:55:00

This video discusses a recent court case in Mexico that has implications for the recognition of paternity. The case is pending, but the court has already made a decision that is being appealed. The video explains the significance of the case, and the importance of the right to identity.

  • 00:00:00 In this video, we discuss the amparo in revision, 121 diagonal 2013. The amparo asks the court to reconsider a decision that a person is not the parent of a child based on genetic evidence. The case arises from a family dispute in Mexico, and the amparo is filed by the mother, who wants to prove that she is the parent of a child who is older than her. The case goes to appeal, and the amparo is denied on the grounds that the mother did not follow the protocol for taking the genetic evidence. The amparo is an indirect appeal, and the amparo holder asks the court to review the case itself. The constitutional implications of this case are discussed, and the amparo holder weighs the competing rights involved. The amparo holder loses the appeal, and the case goes to final review.
  • 00:05:00 The significance of the Corte's recognition of paternity is that it gives content and breadth to the rights to name, identity, and due process. The colegiado refers the issue to the Supreme Court, and as a result, the first chamber of the Supreme Court perfects the recognition of paternity. Many thanks, yes, yes. Perhaps not all viewers of the program are aware that the right to identity is not a right like other ones, I don't know. Freedom of expression or no discrimination are more common, but this right has important implications for all people. It is an individual right that allows us to be ourselves before society, and to be who we are in our own conscience and the opinion of others. This right is not exclusive to certain sectors, for example, children. It has greater importance because it arises from the right to dignity, which is a human right. From a psychological standpoint, knowing your biological origins allows you to develop an appropriate personality and to have a healthy emotional development. From a legal standpoint, this right is also connected to various legal consequences, such as the right to a name, nationality, and affiliation, which are all granted through a biological relationship, rather than through a civil relationship. These rights
  • 00:10:00 This video discusses the recognition of paternity, which is a new legal right that is broader than traditional rights. It covers all of these related topics: identity, sexuality, and health. This case highlights the importance of this right and its significance in terms of human dignity. Nicole discusses the significance of the right to health in this context, and points out that this is also a fundamental human right. She also notes that this understanding of the right to identity is newer and more innovative than traditional rights. I still maintain that this is a fundamental human right, and that it is always interconnected with other rights. It is not just a human right in and of itself; it is a fundamental part of the essence of human beings. So it is important to understand how it develops jurisprudentially, as it derives from a right to effective judicial protection. I would like to ask your help in understanding this right, as an attorney or someone with some legal background. I also want to mention that this is a very important right, and one that should be taken seriously by everyone.
  • 00:15:00 The video discusses the concept of reconocimiento de paternidad, which is when a court recognizes a fatherhood claim. The requirements for making such a claim include procedural things like having evidence, and burdens of proof. In one case, a federal court in Mexico extracted this concept from a legal theory lecture that the presenter had previously given. The presenter asks whether the understanding of the concept is correct, and points out that it is not a closed list. It can include elements that are not normally part of the procedural stages of a court case, such as the appearance of the actor in person. The video recaps the main points of a recent court case in which the father's right to a fair trial was at odds with the child's right to identity. The presenter explains that the father was granted an indirect injunction, which is a legal remedy used to resolve conflicts between rights. This method of interpretation is aimed at resolving conflicts between principles, and should be used to resolve conflicts between rights that have the same importance. The presenter also points out that there is no constitutional limit to how a court can resolve conflicts between rights.
  • 00:20:00 The video discusses how the courts determine which right to protect is more important in a case, and how the courts apply a "mechanism of optimization" to make this determination. In this particular case, the court decided that the right to identity of the woman is more important than the right to a fair trial of the man.
  • 00:25:00 The video explains the importance of a person's right to know their biological father, and the importance of a person's right to due process. The video also discusses a case in which the right to due process prevails over the right to identity.
  • 00:30:00 Cecilia speaks about the importance of arguing well in order to protect one's rights, specifically in cases of parental recognition. She points out that, in this particular case, the father had strong arguments that outweighed the mother's, and the court ultimately sided with him.
  • 00:35:00 The video discusses a case in which a woman was not able to get a paternity test done because her ex-partner refused to cooperate. The court ruled that the woman's right to a fair trial was not violated, because the law allows for courts to dismiss cases if one of the parties is unwilling to participate.
  • 00:40:00 The video discusses how a person may be surprised to find out they are the father of a child who was not expected, and how this can lead to a court case. The video also mentions the fact that in Mexico, court cases can take two or three years to resolve, which can create unnecessary stress for the parties involved. The author argues that in some cases, the principle of legality should be given precedence over personal rights, and that a judge should be lenient in enforcing procedural requirements in order to achieve substantive justice.
  • 00:45:00 The main point of this video is that, in light of the recent case of Cecilia Vázquez, judges should take into account the rights of children when making decisions in family law matters. Cecilia argues that judges should give more weight to the child's rights in these cases, and she provides an example of a case in which the judge made the correct decision. This argument has a constitutional basis, as it is now recognized that human rights are part of the law. This change in perspective has been brought about by the recognition of human rights in judicial proceedings. Judges in ordinary courts should apply human rights principles when making decisions, regardless of the outcome.
  • 00:50:00 The Supreme Court in all of these present said that we can now talk about a constitutionalization of the family law, and it is not a private law issue either because as family law was taught within the courses of civil law, perhaps then teachers did not bother teaching their students about the autonomy of law, but in fact, doctrinally, they justified the autonomous scientific nature of the private law right-of-favela, but it was still private law. I believe today that this view of the family law, in which the right-of-family is considered private, completely changes, and that it is no longer a matter of keeping or upholding principles of that private law to privilege also the composition of parties, but instead, the constitution is nothing more than the constitutional tribunal itself. Constitutional law is the property of the people and of all things held by all authorities, and they are the ones who have to appropriate the contents and exercise them in order to give them that intended use--that is, if an attorney has been like many of us, and has been watching this program, and you have listened to me in this very powerful sentence, you would understand why I think that politicians have been advocating for a change in the paradigm of family law for many years now.
  • 00:55:00 The video discusses the recognition of paternity in Mexico, and the pending case of a man who is challenging the recognition of his paternity.

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