The generation of the first Argentine childhood law following the Convention on the Rights of the Child in Mendoza (1993-1995)

the author, the underpinnings and the Magistrates

Abstract

The first childhood law in Argentina after the Convention on the Rights of the Child was the Provincial Law No. 6354 sanctioned in 1995. Although it is considered a pioneering advance in internal legal adaptation, it is necessary to explore the actors who proposed it and the ones who resisted the sanction of this legal instrument. This paper aims to analyze the production process of the first Argentine law adapted to the Convention through the characterization of the author-legislator, the foundations of the proposed regulations and the response of the judicial actor, in the first half of the 90 decade. The main source used is the drafting legislative, linked to legal and institutional sources. This analysis allowed us to know the resistance of a pragmatic and sagacious judiciary in its preservation of power and the astuteness of the legislator in the construction of strategies for its sanction.