El interés superior del menor en las últimas reformas llevadas a cabo por el legislador estatal en el sistema de protección a la infancia y a la adolescencia

Abstract

The Organic Law 1/1996 of 15 January, Legal Protection of Minors, partially amending the Civil Code and the Civil Procedure Act, established a regulatory framework guaranteeing minors uniform protection throughout the territory of the State and served as a reference to the Autonomous Communities. But after 20 years since its adoption, there have been major social changes affecting the situation of minors, who demand an improvement in their instruments of legal protection. From the legal field, there has been an evolution and a substantial change in the way of conceiving the child's capacity which becomes regarded as an individual with opinions of his/her own to be met in line with their ability and maturity. In this new environment a new concept of the best interests of the child, which has changed its methodology of interpretation and application, to adapt to new circumstances and social needs is modeled. Result of this process of reform have been the entry into force of two laws that have been processed in parallel: - Organic Law 8/2015, of July 22, modifying the system of protection of children and adolescents, and - Law 26/2015, of July 28, modifying the system of protection of children and adolescents.