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Concurring Opinion of Judge A.A. Cançado Trindade in the Advisory Opinion n. 17 on the Juridical Condition and Human Rights of the Child (of 28.08.2002)

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Chapter Summary

This chapter presents Judge Antônio Trindade's opinion in the Advisory Opinion n. 17 on the Juridical Condition and Human Rights of the Child. The present Advisory Opinion of the Inter-American Court provides that, "in conformity with the contemporary norms of the International Law of Human Rights, the children are subjects of rights and not only object of protection". The titulaire of rights is the human being and not the existential condition. The international juridical personality of the human being crystallized itself as a limit to the discretion of State power. As the Law recognizes juridical personality to every human being, irrespectively of his existential condition or juridical capacity to exercise his rights for himself, a true right to the Law (derecho al Derecho), that is, the right to a legal order (at domestic and international levels) which effectively protects the rights inherent to the human person is visualized.

Keywords: Antônio Trindade; Inter-American Court; International Law of Human rights



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