Análisis jurídico – social del proceso de restablecimiento de derechos de los niños, niñas, adolescentes y jóvenes

Abstract

The present work is investigative, is based on the line of research "family, social conflicts and social projection", with a qualitative methodological approach, consisting of the analysis of national jurisprudence which, being children, is obviously linked to conventions and international treaties, is a work focused on three specific rights of children recognized in the International Declaration of the Rights of Children, such as the right to have a family, the right of children to be heard and that their opinion is held in account and the right to due process. It also contains a part on the normative development of the rights of children at the international level and at the national level from which the jurisprudence emerges that basically showed us that administrative operators are such guarantors that within their own line of compliance they end up violating even more the rights of children and adolescents. The right to have a family and not to be separated from them indicates that the family as a fundamental group of society must receive the protection and assistance necessary to guarantee the harmonious development of each of its members, especially children and adolescents. The right of children to be heard and that their opinion be taken into account, requires from the State the guarantee of exercising this right within any administrative and judicial process, freely and spontaneously, in such a way that opinions and concerns of children are valued when making decisions that concern them. The right to due process in administrative and judicial processes indicates that just as in the judicial or administrative processes of adults certain prerogatives must be followed, children also have the right to respect and carry out all the formalities proper to each procedure in which be involved.