Aplicabilidad del interés superior del niño como mecanismo para proteger la unidad familiar al momento de fallar detención o reclusión domiciliaria de los padres y madres cabeza de hogar en Colombia

Abstract

He best interests of the child contained in the International Convention on the Rights of the Child, place above the laws, the justice that entails the need to maintain family unity as the fundamental nucleus of society. In the cases of crimes committed by the mother or the father of the family, in Colombia, according to the regulations, the nature and conditions of the crime are analyzed, prevailing the rights of children to remain with their parents, for which there is detention or house prison that is ruled by the judges. However, when its applicability is not effective, the best interests of the child would be violated, affecting its normal development and integration into society under conditions of principles, values and discipline that come from the parents' teaching. In this sense, the present investigation has as objective to determine the applicability of the best interests of the child as a mechanism to protect the family unit at the time of failure of home detention or confinement of the head and mother in Colombia. What is expected to be achieved through a methodological design with a qualitative approach, the method of deductive research and a type of explanatory research.