Abstract

GONZALEZ CONTRO, Mónica. Paternalismo jurídico y derechos del niño. Isonomía [online]. 2006, n.25, pp.101-135. ISSN 1405-0218.

Recognizing children as having rights and being able to exercise them poses a problem because many times they are considered incompetent due to their youth. The following article constitutes an analysis regarding the models of State intervention and its ethical justification, which is linked directly to the exercise of the children's rights. As the Liberationist and Legal - Moral Perfectionism model can be considered extremist in these cases, I propose the Legal Paternalistic model from the vantage of basic needs. The afore mentioned model is justifiable concerning the children and adolescents as long as it is based on their needs which serve as a criterion that evaluates the role of each of the agents, i.e., the State, the parents, the child, who interact directly in the fulfillment of these rights and explains " mandatory rights" during this stage of life.

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