Debates in the theorizing of children’s rights from the human rights approach

Authors

  • Luz Estela Tobón Berrio Universidad del Norte
  • Juan Pablo Isaza Gutiérrez Universidad del Norte

DOI:

https://doi.org/10.18042/cepc/aijc.28.03

Abstract

The aim of the article is to expose the debates in the theoretical foundation of children’s rights, which hinder the progression in the recognition of their capacity as social actors. It presents a context on the recognition of the human dignity of the child, woven by the historiography of childhood. Then, we present the debates about the ownership of rights in the head of infants, embedded in the main theories about the foundation of subjective rights. The use of the language of rights to refer to the protection of children is added to the discussions. The critique of how rights theories are not today able to support the development of children’s rights is a call to break with the conformity that the 1989 Convention produced in the legal community.

Published

2024-07-04