Abstract

The judicial weighting exercise carried out by national and international courts against conflicts involving indigenous children is analyzed. In this context, the relationship between the variables of cultural identity, own law and indigenous children is developed. The foundations of the judgments in the inter-American structure of Human Rights are studied, identifying the legal standards that set parameters for the internal judicial function. Finally, national judicial cases involving children of the Aymara indigenous ethnic group from northern Chile are considered. Variable criteria of normative interpretation are recorded when applying the custom to resolve judicial conflicts of the Aymara population, preventing the purposes of the norm from being fulfilled and compromising the international State's responsibility for non-compliance with current international commitments.