Abstract

BOBADILLA TOLEDO, María Loreto. The Constitutionalization of the Best Interests of the Child in Chile: one More Step towards its Full Knowledge. Opin. jurid. [online]. 2021, vol.20, n.spe43, pp.385-403.  Epub Nov 19, 2022. ISSN 1692-2530.  https://doi.org/10.22395/ojum.v20n43a16.

The purpose of this work is to expressly contemplate the recognition of children and adolescents in our country as subjects of law and the primary consideration of their superior interest, with their active participation and right to be heard, guaranteeing their protection by part of the Chilean State at the constitutional level. For the preparation of this article, qualitative research with a deductive approach was carried out. These principles, already recognized in Chile after the ratification of the Convention on the Rights of the Child, have led to gradual changes within the national legal system in terms of the family, but after three decades they still do not reach the constitutional level of protection. In this sense, childhood is absolutely invisible in the current Constitution, even foreseeing that the condition of citizenship is acquired from the moment the person reaches the age of majority, that is, once they reach 18 years of age. Instead of being inclusive, on the contrary it is absolutely exclusive and discriminatory as far as age is concerned. We are facing the ideal instance with this new constitution so that the primary consideration of its superior interest is recognized, breaking with the current perspective by giving a different approach to childhood where minors are viewed as subjects with equal rights to children and other human beings.

Keywords : new constitution; convention on the rights of the child; best interests of the child; participation; right to be heard.

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