"Viejos" y "nuevos" derechos del niño

Un enfoque teórico

Abstract

This article analyzes some theoretical issues that arise from the process of "specification" of human rights in relation to underage subjects. The author takes into consideration both "old" children's rights, that is, the first rights to have obtained legal recognition, as well as "new" rights, those ascribed to the children by the Rights of the Child Convention in 1989. The first refer to social rights (such as the right to health or education), which content is determined by positive duties to third parties. The second refer to the enjoyment of certain liberties (of expression, of thought, of conscience and religion, of protection of private life), which are usually understood as the subject 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 allows to question the liberal conception of human rights, at least in its more traditional version.