Discursos pedagógicos en el ordenamiento jurídico: el principio del "interés superior del niño"

Abstract

The principle of the “best interests of the child” is set out in the Convention of 1989. It means recognizing that childhood has its own personality, characterized by a situation of “necessity and dependency”. This special consideration regarding childhood, which is assumed by the legislation, is due to the transformation of the private interest on child’s protection and growing up into a shared responsibility. The inclusion of this principle in the legal ordering responds to the use of the pedagogical discourse as a “mean”, aiming to connect with social demands and sensitivities. Nevertheless, the pedagogical discourse on the best interests of the child is also collectively assumed as an “aim” in itself, within the project of the common good. Both aspects reflect social goals and expectations that the Spanish law of the minor combines in a tense balance.