THE RULE OF THE MATURE MINOR. WHO, WHEN AND HOW SHOULD DECIDE ON THE MATURITY OF A CHILD OR YOUTH?

This work analyzes the progressive capacity of children and young people to autonomously exercise their very personal rights. We maintain that it is a power that includes children and young people, because otherwise direct discrimination would be admitted and perpetuated, as has historically happened with this group. Restrictions in the exercise of their fundamental rights can only be accepted when the need for protection of the child or young person demands it, and always observing the principles of proportionality and non-discrimination. The evaluation of these progressive skills to act autonomously has different levels and actors, whose final step will be the judicial decision that must be subject to contradiction, with the child being a main actor in this process. The "mature minor rule" works in this framework as a synthesis of this complexity, but it must be understood in a broader and more comprehensive way than the simple reference to the expert opinion on psychological " maturity", including in the analysis the evaluation of other concomitant and relevant criteria.