Del derecho de la cultura al derecho a la cultura en la infancia

Abstract

This article examines the problems of justice in relation to the realization of children´s rights. To do this, I will assume the human rights’ discourse as a common minimum framework, i.e. as the basis of moral obligations and as a reflection of a shared and sharable theory of justice. Firstly, I will analyze the specific problems affecting children as subjects of rights who differ from adult moral agents. Secondly, I will address the questions related to the most recurrent conflicts, namely, on the one hand, the clash between the right to parental autonomy and the child´s rights, and, on the other hand, the appeal to collective rights and cultures´ rights instead of the person´s rights to have or give up a culture. Finally, I will argue in favor of the role of the State as responsible and warrant of a minimum level of children´s well-being so that they reach adulthood as subjects who can make full use of their first generation rights