Introduction to gender problems, feminism, critical theory, Juvenile Criminal Law
The minors were always considered an object, after the reform of our system, has become a subject of law, but at present this is not respected, because on them various forms of violence fall, by their parents andof the State.
DEVELOPING:
For centuries the child, nor the woman were considered.
The predominant system was the patriarchal established worldwide, it was based on the domain of the family father, using women as children as simple things.
These women being totally subject to male power, were only destined to raise and educate their children, logically they did it under a macho system.
(.. The traditionalists, both those who work within a religious and "scientific" field, have considered the subordination of women a universal fact, of divine, or natural origin and, therefore, immutable.), .
This refers to the fact that women had to comply with what society dictated to be seen as something natural and immutable, the condition is to the power of her husband.
It took a long time until the woman began to claim her rights, as another paragraph of the book refers to us (… the traditional defense of male supremacy based on biological deterministic reasoning has changed over time and has proven to be extremely adaptable and flexible …).
,,,Lévi-Strauss says what this process "reasses" women;I know the dehumaniza and I know more like things than as human beings.
The changes were suggested over time, women were able to achieve our role in history.
(… Socrates proposes that children be equal to girls, which releases the guardians of the work at home and the care of creatures. But this equal opportunities for women have a purpose: family destruction …).
The patriarchal system can only work thanks to the cooperation of some of us to which all macho values have inculc.
… But in real life women had no history: that was told and they believed so. And since they had no history, they had no alternatives for the future. In a sense, the class struggle can be described as a struggle for the control of the symbolic systems of a specific society.
Not only the woman with her immense fight obtained rights, today recognized in our legal system, but the minors who were also great victims of this process of struggling to achieve recognition and protection.
The Child Protection System, where the best interests of the child and adolescent was prioritized, has mutated in recent decades, as described in the process of recognizing the Convention of the Rights of the Child created in 1989 and with constitutional hierarchy inour country;Comprehensive Protection Law of Children and Adolescents, No. 26.061, the Nation Civil and Commercial Code, Law for the Protection of Family Violence.
The civil age to consider a minor, has been modified since 1869, until today passing through different ages in 1869 where he was 14 years to 22 years, then it was replaced in 1968, lowering it to 21 years, Following
(… with the sanction of Law 26.5792 ‘majority of age’, on December 2, 2009, the age to reach full rights by young people was decreased, establishing it in the 18 years. The 18 years are, at the same time, the top that the Convention on the Rights of the Child considers that a person ceases to be considered a child, and therefore, subject to all the rights inherent to his status as a person, plus a plusderived from your special condition as a child.
In 2012, with the extension of rights, Law 26 was sanctioned.7743 ‘Argentine Citizenship Law’, which set at the 16 years.
In 2008, Law 26 was sanctioned.390 ‘Prohibition of child labor and protection of adolescent work’, which raised the minimum age of admission to the employment of the 14 years … 7
In 2015 with the new sanction of the Civil and Commercial Code of the Nation, in which the child becomes a subject of law acquiring rights.
All these changes occur with respect to the civil age of minors, on issues such as work or civil liability.
Another great aspect to develop is the criminal age, to be considered less, it was also mutating over the different years.
(… In 1921 Law 11 was sanctioned.179, criminal regime for adolescents, which sets the punishability age in 14 years, and if it is considered dangerous, you must go to an establishment until the age of 18 and this could be extended to 21 years …)
In the last four decades the system was changing with different laws.
(… Within the framework of the dictatorship arising after the coup against the Peronist government on September 16, 1956, reforms to the criminal regime of minors occurred, but without decline of punishability age. Indeed, Decree-Law 5286, published in the Official Gazette on May 23, 1957, modified several laws related to childhood, and in particular, articles 1, 2, 4, 5, 7, 8, 11 and 13of Law 14.394, introducing among other novelties, the intervention of the National Council of the Minor..:)
Since the Law on Integral Protection of the Rights of
Children and adolescents, No. 26.061, the Board of Trustees was expressly repealed. This norm provides that in a situation of vulnerability, comprehensive protection must be given, but not reaching the deprivation of liberty.
(… In 1976, the Military Civic Dictatorship, sanctioned the ‘Law’ 21.338 is one of the clearest examples of the creation of a scaffolding, no ages were distinguished within the extermination plan. The case of Floreal Avellaneda, a 14 -year -old teenager whose only crime was to be the son of two communist militants, kidnapped, tortured and impaled, whose body appeared on the Uruguayan coasts …)
This law provided for the minor is an unconstitutional content
CONCLUSION:
The course of time and the strong waves of women who fight to have the place we deserve within this society, the patriarchal system is already ceasing to exist, incorporating into the world a new inclusive form for all for all.
Our children today have more rights and it is the function of parents who are respected and if not, the State must take that responsibility protecting the child and protecting it.
In criminal matters as I have indicated the criminal regime of minority, current in our country was created under a military dictatorship, leaving a totally unprotected thousands of young people that the judicial system protecting themselves in the guardianship file, deprives them of their freedom without having hada process, no right to defense.
Protecting them in Law 26.061, of comprehensive protection of the rights of children and adolescents, it can be achieved that they are not deprived of their liberty.
These children and/ or adolescents reach these extreme situations, because the State does not guarantee their constitutional rights, leaving them at the mercy of the system that excludes them either by social class or due to family containment problems.
It is known by all who are parents, that the stages of a child is very important family containment and its development, because the first six years correspond to what is called the primary stage, where the preponderant roleIt is that of the parents, then the school will be added and the State is the one who is obliged to protect these minors.
A child is a helpless being in the face of the entire social system and that beyond that the norm today has expressed in his system, the State as the main guardian of him, does not provide adequate protection or cares about verifying that aminor does not pass needs, to have a place to sleep, that attends a school.
How many times we see children in street situations, totally excluded from the system and I wonder, the state where it is?
These people are minimally helped by society that undertakes but not by the State that allows parents to act with their children as they consider even to the detriment of the child.
And finally I consider that thanks to this great change that women are giving accompanied by some men, we can move forward to change the horizon and see our really treated children as subjects of rights.
With a freer mind and with social and cultural tools, we can reach a true equity.
Bibliography:
- Gorda Lerner, the creation of patriarchy, novografik, year 1990, page 11
- Gerda Lerner, the creation of patriarchy, novografik, year 1990, page 14
- Gerda Lerner, the creation of patriarchy, novografik, year 1990, pag. 31
- Gerda Lerner, the creation of patriarchy, novografik, year 1990, pag. 55
- Gerda Lerner, the creation of patriarchy, novografik, year 1990, p. 62
- Cesoni, Claudia, Feldman, Denise and Irrazábal, Gabriela, Center for Studies in Criminal Policy and Human Rights, no kid was born Charo Buenos Aires, train in Motion Ediciones, 2004. p. 3
- Cesoni, Claudia, Feldman, Denise and Irrazábal, Gabriela, Center for Studies in Criminal Policy and Human Rights, no kid was born Charo Buenos Aires, train in Motion Ediciones, 2004. Pag4
- Cesoni, Claudia, Feldman, Denise and Irrazábal, Gabriela, Center for Studies in Criminal Policy and Human Rights, no kid was born Charo Buenos Aires, train in Motion Ediciones, 2004. p. 27
- Cesoni, Claudia, Feldman, Denise and Irrazábal, Gabriela, Center for Studies in Criminal Policy and Human Rights, no kid was born Charo Buenos Aires, train in Motion Ediciones, 2004. p. 6
- Cesoni, Claudia, Feldman, Denise and Irrazábal, Gabriela, Center for Studies in Criminal Policy and Human Rights, no kid was born Charo Buenos Aires, train in Motion Ediciones, 2004. p. 7
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