Por Una constitución de niños, niñas y adolescentes

Lecciones aprendidas de la propuesta rechazada en Chile el 17 de diciembre de 2023

Abstract

Constitutions serve a dual purpose: they establish a legal framework for the separation of state powers and, simultaneously, works as political tools by granting rights and guarantees to citizens. Thus, the Constitution is the Fundamental Law that reflects a country's most significant politics. The rights of children and adolescents have gained recognition over the past few decades, marked by milestones such as the Convention on the Rights of the Child in 1990 and Chile's Law No. 21.430 of 2022. However, their explicit inclusion in the Chilean Constitution remains limited. This work analyzes the recent plebiscite in Chile that rejected the proposed text for a new Constitution, focusing on how it addressed the rights of children and adolescence. The political dimension of the proposal is examined, as well as its compliance with national and international regulatory frameworks concerning the comprehensive protection of such rights. The analysis includes general reflections and a detailed study of some specific articles from the rejected proposal.