La necesaria constitucionalización de los derechos del niño. Propuestas para avanzar hacia el reconocimiento de los derechos de los niños y garantizar su efectividad en la nueva Constitución

The drafting of the new Constitution offers the opportunity to incorporate among its provisions, especially those related to fundamental rights, the rights of children. But the question that this work tries to answer is what rights we must incorporate in the new constitution and how to do it to guarantee its fulfillment on the basis of international standards. For this reason, in the present work it is analyzed how in the last decades specific human rights have been recognized to children thanks to the Convention on the Rights of the Child and the work of the Committee on the Rights of the Child, then the guiding principles or guidelines of the Convention and finally an alternative is proposed that allows the child to be recognized as the subject of specific rights, in accordance with the international treaties ratified by Chile and the interpretation that the supervisory bodies of the Convention on the Rights of the Child have made of these principles.