The free autonomy of the will that all individuals we have like right Fundamentally, it allows us almost absolute free will in decision-making, from the simplest to those that determine how, with whom, and in what way we live our existence, which is only practically limited by two exceptions: That our decisions and actions do not violate the law and that they do not cause harm to third parties.
In such a way that, this freedom of decision also permeates our will to exercise or not our subjective rights, such as the demand the recognition of some right through the jurisdictional route. Here we also have the almost absolute autonomy to decide whether to sue or waive to sue, as well as to withdraw from the action even if we have started the trial.
However, there are rights which by their nature are inalienable, even when they have full incidence in the legal sphere of the individual who, due to that circumstance, is obliged to exercise them, whether he wants to or not.
As it is, the Universal Declaration of Human Rights has a set of exclusive characteristics, among which is the one related to the fact that the human rights They are inalienable and inalienable, given that no person can waive or transfer them as they are provisions and principles of public order and social interest.
Last Friday July 14, 2023, was published in the Judicial Weekly of the Federation and its Gazette the relevant thesis of Digital Registry: 2026882, issued by the Second Collegiate Court in Civil Matters of the Second Circuit, in which it determined that, in a paternity acknowledgment trial initiated by the alleged father, it is inadmissible for said petitioner to withdraw from the action, because once the judgment he could not renounce this because the right of the alleged son was affected as his biological origin remained unresolved.
This important criterion has its origin in the amparo under review that derived from the indirect amparo trial in which the alleged fatherpromoter of the judgment of paternity acknowledgment of a infantclaimed both the unconstitutionality of article 1240, section II, of the Code of Civil Procedures of the State of Mexico, as well as the illegality of its application, when interpreted by the Judge of origin and by the District Judge, that the consent of the alleged son was needed for the withdrawal of the action requested by him to proceed.
The Collegiate Circuit Court determined that “the application of article 1240, section II, of the Code of Civil Procedures of the State of Mexico was inadmissible to justify the withdrawal of the action of paternity acknowledgment presented by the alleged father who promoted it, in view of the fact that the identity of the person is a human right that, because it is inherent to the subject and because of the value it protects, cannot remain unresolved once it has been submitted for discussion in court.”
This is based on the observance of the provisions of article 1, second paragraph of the Political Constitution of the United Mexican States which establishes that, “when interpreting rules relating to human rightssaid interpretation should be made as broadly as possible and always favoring the people with the broadest protection, therefore, if what is being discussed is whether or not the withdrawal of the action of paternity acknowledgment made by the alleged fatherwhich involves the human right to identity so that the alleged child knows his biological origin, it is concluded that this right cannot be left without the possibility of claiming, nor can it be processed, justified and resolved in court since, like all human rights, since it pre-exists in the Constitutional Norm in favor of the subject, it must be decided, inevitably, once its discussion is raised in court.”
With this relevant criterion, a further step is taken in the construction of the new mexican legal systemthus adding to the baggage of rights the inalienability and non-negotiability of the withdrawal of the paternity recognition action once the trial has begun.
As always, it is a pleasure to greet you, hoping that these few letters have been to your liking and, above all, useful. Until next time!
In case you didn’t read it:
#Acknowledgment #paternity #inalienable