International child abduction in Mexico: Difference between revisions

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→‎Hague Convention: Combe-Rivas sources
Undid revision 460805080 by MarcoGessler (talk) In English it's Magna Carta
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Mexico has never formally adopted a set of laws and procedures to implement the Hague Convention in its own domestic legal codes. Under the Mexican Constitution international treaties, like federal laws, are hierarchically above all State laws but beneath the constitution. There is some debate as to the correct legal precedence to be applied when federal laws and international treaties are in conflict. In theory this gives the treaty sufficient legal clout to be effective but, in practice, the lack of implementing legislation leads to many divergent and contradictory interpretations of the Convention which is intentionally vague in certain areas to allow for it to apply to a broad range of cases. This lack of detail has prompted some to refer to the treaty as the "Vague Convention."<ref>{{cite web|url=http://www.theatlantic.com/magazine/archive/2009/11/the-snatchback/7704/3/? |title=The Snatchback |publisher=Atlantic Magazine |date=2009-12-01 |author=Nadya Labi |accessdate=2010-04-21}}</ref>
 
Mexico, like the United States, is composed of individual states with great latitude to make their own laws so long as those laws don't conflict with federal laws and, in particular, the countries, [[Carta Magna Carta]] (constitution). Every state in Mexico, besides one, has laws granting automatic custody to mother's during a divorce until the child reaches the age of 7. In the one state to vary from this norm the [[maternal preference]] is until age 12. These laws have been the subject of constitutional challenges on the basis that the Mexican Constitution guarantees the equality of the sexes but have been upheld by the Supreme Court of Mexico ([[:es:Suprema Corte de Justicia de la Nación de México|Suprema Corte de Justicia de la Nación]]) since the Constitution also requires the proper development of the family and, by extension, minor children.<ref>{{cite web|url=http://www2.scjn.gob.mx/Ministros/oscgv/Conf/interpretacionconstitucional.pdf |title=LA INTERPRETACIÓN CONSTITUCIONAL Y EL DERECHO FAMILIAR. (Diapositiva 1) |publisher=scjn.gob.mx |date=2009-04-24 |accessdate=2010-04-21}}</ref>
 
==== Judicial Performance ====