El menor en la legislacion española. Una mirada desde la ética

Abstract

Introduction

Legislation embodies and regulates the common values by which a society is governed. Today's society is multicultural and dynamic, a consensus must be reached and values consolidated on which different ideological groups can agree, an approach known as the ethics of minima. The concept of the minor has also been changing over the years; from being perceived as passive to being considered an autonomous individual engaged in the development of his or her life project and the bearer of duties and rights to be progressively exercised according to his or her capacity. This approach entails emerging problems. Both aspects need to be regulated in our legislation.

Objective

The objective of this work was to consider the different laws that concern minors from an ethical perspective and from the point of view of the practicing paediatrician.

Material and methods

We reviewed legislation concerning minors from the 1990s to the present day. For the purpose of discussion, we grouped it into 4 sections: the minor as a patient, protection of the minor, education and new social realities.

Conclusions

Current laws reflect a plural society and focus on protecting minority groups. They recognize the minor as the bearer of rights and duties, and consider the acquisition of autonomy to be progressive, guaranteeing equal opportunity and respecting the child's own pace in achieving his or her potential. Current legislation also stresses the need for a stable environment and states that all forms of violence are preventable. Furthermore, it respects different moral, social and cultural perspectives.