Abstract

The 12 institutional and fundamental bases for the drafting of the preliminary draft of the new Constitution, indicate that it must contain at least 3 norms referring to children and adolescents: the best interest of children and adolescents, freedom of education and the preferential right-duty of families to choose the education of their children. Although it is true, the draft contains norms referring to children and adolescents, these do not meet international standards on the matter. Additionally, the draft does not offer guarantees to make these rights effective and effective. This article aims to critically analyze said draft in relation to international standards on the rights of children and adolescents and make a proposal on the norms that the draft new constitution should contain regarding the rights of the child, appropriate to the standards in the matter.