Abstract

MONDACA MIRANDA, Alexis. The Right to Play of Children and Adolescents: New Ways of Implementing the Principles of Best Interest and Progressive Autonomy. Opin. jurid. [online]. 2022, vol.21, n.45, e8.  Epub June 14, 2024. ISSN 1692-2530.  https://doi.org/10.22395/ojum.v21n45a8.

This article deals with the children's and adolescents' right to play. For this purpose, an analytical and dogmatic approach is applied, which implies, first of all, studying the importance of this right for the purposes of the requirements arising from the principle of the best interest of the child. In addition, the discipline of the right to play in the main instruments of International Law is analyzed, synthesized and compared, to later focus on the existing situation in Latin America. Finally, the incidence of the principle of progressive autonomy is discussed, including the character of children and adolescents as subjects of rights and the role of parents and guardians in the autonomous exercise of the right to play. It is concluded that an adequate exercise of the right to play is fundamental for the achievement of the best interest of children and adolescents, corresponding to the States the duty to recognize, promote and ensure it in accordance with the principle of progressive autonomy.

Keywords : development; welfare; best interest; play activities; convention on the rights of the child.

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