Ilarraz ruling

A missed oportunity

Abstract

This paper analyzes the foundations of the Ilarraz ruling by the Supreme Court of Justice of the Nation, which represents a regressive milestone in the effective judicial protection of children and adolescents who are victims of sexual abuse. It examines the legal tensions arising from the collision between the statute of limitations in criminal proceedings and the conventional standards that guarantee access to justice and the best interests of the child. The study explores the normative evolution of the statute of limitations and the development of the case through provincial courts up to the Supreme Court's final decision, questioning the lack of sufficient reasoning and the absence of a rights-based perspective focused on children and adolescents.