The National Supreme Court of Justice of Mexico has ruled that children’s testimonies can be carried out using technological tools to prevent unnecessary exposure, when required to protect their rights, and that these testimonies must be assessed by the judicial authorities without stereotypes or prejudices relating to gender or age. In particular, the Court has indicated that in cases of sexual violence against children there exists a power relation between the parties, and therefore the victim’s testimony must be carried out in conditions aligned with a child-friendly justice model.
This approach promotes the use of appropriate and non-intimidating spaces, the intervention of specialised professionals trained in child-friendly interview techniques, the implementation of identity protection mechanisms, the adaptation of hearing times and conditions, as well as the use of technological tools to prevent unnecessary exposure.
The case arose from an constitutional appeal lodged by a man convicted for the rape of a 10-year-old girl. The sentenced individual alleged violation of due process because the victim testified via videoconference with her face blurred, which limited direct visual perception. Nevertheless, the Supreme Court concluded that this format was compatible with the child-friendly justice model, since the essential procedural formalities and the constitutional principles of immediacy, contradiction, continuity and restricted publicity were respected, whilst simultaneously guaranteeing the best interests of the child.
This ruling reinforces the justice systems’ need to adapt their proceedings to the needs of the child, with specific measures to prevent revictimisation and ensure safe and effective participation.