El acogimiento residencial de los menores con problemas de conducta: Un instrumento de protección de menores con incidencia en los derechos fundamentales
The last deep reform of the State system of protection of children in 2015 has brought a new instrument for the protection of minors whose impact on the fundamental rights enshrined in the Spanish Consriturion is more than notorious. 1 refer to the residential placement in special protection centers...
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| Format: | Article |
| Language: | Spanish |
| Published: |
2018
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| Subjects: | |
| Online Access: | https://dialnet.unirioja.es/servlet/oaiart?codigo=6681126 |
| Source: | Derecho privado y Constitución, ISSN 1133-8768, Nº 32, 2018, pags. 133-186 |
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| Summary: |
The last deep reform of the State system of protection of children in 2015 has
brought a new instrument for the protection of minors whose impact on the fundamental
rights enshrined in the Spanish Consriturion is more than notorious. 1 refer to
the residential placement in special protection centers for children with behavioural
problems, resource which is meant to giving specific coverage in the field of the protection
of «children with behavioural problerns». While defending the virtualiry of
this sort of residential placement, the truth is rhat a detailed reading of the new precepts,
dedicated to the same Organic Law 1/1996 of Legal Protection of the Minor
(arts, 25-35) sets out quite a few interpretation problems in the light of fundamental
rights. Therefore, it is very doubtful, not only the legal delimitation of the specific
collective of minors to which this foster care is reserved, but the same regulation of
the protection resource in itself, from the moment in which its educational purpose is
somewhat blurred amongst the measures of restriction of fundamental rights susceptible
of adoption singularly in these centers. However, the concern of the legislator
to give this instrument an irnportant range of safeguards to prevent its arbitrary use
should very positively assessed |
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