The position of the child in the Spanish law and the exercise of its fundamental rights. Special reference to the cases of conflict in family law

Abstract

The social and cultural changes that have taken place in our society, have transformed child’s social status; in legal terms, these changes have raised an interest in endowing the minor with a suitable protection frame- work for their rights, as well as they has refocused the structure of childhood human rights by granting underage citizens an increasingly social and legal leading role as full right subjects. This transfiguration entails a turnabout in the traditional protectionist approach, in which the child used to play just a passive role, object of adults’ care and attention, and they have begun to be conceived as active subjects participating in the decisions that form and shape their personality.