Examination of weighting for the protectionof the fundamental rights of children

The rights of children have been instituted as fundamental principles in international human rights treaties. The Colombian Constitution, in its Article 44 says: “the children ́s rights take precedence over the rest”. It is necessary to practice the modern theory of weighting of the principles in co...

全面介绍

书目详细资料
主要作者: Lizcano-Amézquita, Pedro Luis
格式: Online
语言:spa
出版: Universidad Pedagógica y Tecnológica de Colombia 2014
主题:
在线阅读:https://revistas.uptc.edu.co/index.php/derecho_realidad/article/view/4523
实物特征
总结:The rights of children have been instituted as fundamental principles in international human rights treaties. The Colombian Constitution, in its Article 44 says: “the children ́s rights take precedence over the rest”. It is necessary to practice the modern theory of weighting of the principles in collision, as this will be the only method to establish the need, reasonableness and proportionality of the slaughter inflicted on a fundamental principle that determine a conditional precedence relation, for which the interpreter must undergo a review of constitutionality of the highest rigor of hermeneutical type. Likewise, the interpreter must make a rigorous examination when there is a collision of fundamental principles of reinforced and prevalent protection as in the case of collision between the fundamental rights of two or more children, where he should pursue the benefit in accordance with the law.