El Síndrome de Alienación Parental y su impacto en la credibilidad de las Declaraciones Testimoniales de los Niños, Niñas y Adolescentes.

Abstract

The research presented here is developed in four chapters, which are composed as follows: the first addresses the historical antecedents of the evolution and participation of Boys, Girls and Adolescents in judicial processes, together with this we will present the normative advances in matters such as the Convention on the Rights of the Child, the Universal Declaration of Human Rights and other important antecedents. Following this, the state of the art is presented regarding the statements and testimonies of the children and adolescents. In the second chapter called Conceptual and theoretical framework, we identify the categories of Capacity of minors to testify before a court of law, Credibility and assessment of the testimonies given by children and adolescents, Parental Alienation Syndrome, Best interests of the child and the ways of carrying out the testimonies of children and adolescents. In the third chapter we address the national and international legal framework regarding the right of children and adolescents to be heard, made up of international treaties and conventions, norms, jurisprudence and doctrine. And finally, in the fourth chapter we answer the research question: Is Parental Alienation Syndrome a phenomenon that undermines the credibility of the statement of children or adolescents rendered in interviews or in the practice of testimony before judicial authorities, this from a focus on the protection of the best interests of the child ?, taking into account what was addressed in the three previous chapters, together with an interview with the Third Family Judge of Popayán, Diego Fernando Rengifo; interview that is attached at the end of this document.