Antinomias e inconstitucionalidades del artículo 21 del código civil.

Abstract

This thesis investigates the legal contradictions and constitutional violations present in Article 21 of the Civil Code, focusing on how these inconsistencies affect the rights of children and adolescents. This analysis is framed within a broader context of child and adolescent rights protection, exploring the doctrinal evolution from irregular situation to comprehensive protection. Through a detailed review, the existing antinomies and unconstitutionalities between the Civil Code and the Code of Childhood and Adolescence are identified and examined, contrasting them with the principles established in the Constitution of the Republic. The study begins with a theoretical framework that defines key concepts and traces the evolution of child protection paradigms in law. It discusses the impact of discriminatory definitions on fundamental rights such as equality, identity and legal security. This is followed by a comprehensive diagnosis of normative inconsistencies, assessing the legal and social implications of age and gender discrimination. Through a comparative law approach, cases of legislation in Chile and Argentina are considered, offering a broad perspective on how these countries have dealt with similar problems, providing a valuable context for possible legislative reforms in this area. Finally, the thesis proposes the need for legislative reform to resolve these antinomies and unconstitutionalities, ensuring that national laws are in line with constitutional standards and international commitments to children's human rights. It is suggested that legislative reform should include clear definitions and precise criteria that eliminate any form of discrimination and strengthen the comprehensive protection of children.