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- Title
"Viejos" y "nuevos" derechos del niño. Un enfoque teórico.
- Authors
CORTÉS, ISABEL FANLO
- Abstract
This article analyzes some theoretical issues that arise from the process of "specification" of the human rights in relation to underage subjects. The author takes into consideration both "old" rights of the child, that is, the first rights that historically have been obtained legal recognition, as well as "new" rights, those ascribed to the children by the Convention on the Rights of the Child of 1989. The first refer to social rights (like right to health or education) which content is determined by positive duties in charge of third parties; instead, the second refer to the enjoyment of certain liberties--like freedom to expression, thinking, awareness and religion and the right to the private life protection--generally understood as object of "negative" rights. in both cases, the purpose is to underline how the relationship between children and rights is--even if problematic--theoretically useful insofar as it to question the liberal conception of human rights, at least in its more traditional version.
- Subjects
HUMAN rights; CHILDREN'S rights; CONVENTION on the Rights of the Child; SOCIAL &; economic rights; FREEDOM of expression; FREEDOM of religion; CIVIL rights
- Publication
Revista de Derecho Privado (0123-4366), 2011, Issue 20, p105
- ISSN
0123-4366
- Publication type
Article