El derecho al juego como test-case de los derechos del niño y adolescente

Abstract

This article deals with the theoretical difficulty of justifying children's rights and seeks to propose a way of grounding and interpreting them based on the right to play. The author presents this right as a test case and gives reasons to support its justification and scope from the point of view of the interest theory, which is founded on basic needs, and she claims that children and adolescents are entitled to rights, which must be interpreted according to the interests they seek to protect. In this sense, the right to play is configured as a legal position of liberty where the right holder acts autonomously in decision making.