Welfare, a concept that can be adhered into the jurisdictional protection of fundamental rights for childhood
Journal: International Journal of Arts and Social Science (Vol.3, No. 3)Publication Date: 2020-06-30
Authors : Rolando Castillo Santiago;
Page : 06-84
Keywords : – Welfare; Conventionality control; Integral protection; To be and Must be; Dignified life; Children; Adolescents; Infant rights;
Abstract
There is a disparity between reality and what the law establishes from the doctrine, although legal norms protect minors, it is a constant question its enforcement, it does not consist of simply analyzing that what the norm establishes is carried out but that its application must be in a broad sense, so that the subject of law, the minor in our case, is benefited in their social, physical and psychological development, we speak of the broader protection for, children and adolescents. In this position, we find the term welfare, which is addressed by the present research with a qualitative approach, with the purpose of explaining it, using analytical, deductive and descriptive methods, subjecting it to a documentary contrast through comparative law and case analysis, establishing its intimate relationship with Human Rights, for this vulnerable group, considered in vulnerable conditions due to their autonomous limiting condition in the exercise of their rights, in that their protection corresponds jointly and directly to the State, parents or those who exercise their care, in order to integrate it as a parameter to consider in the jurisdictional protection of children and adolescents, referring to an effective manifestation of the so-called conventionality control.
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