La protección del derecho a la vivienda de niños, niñas y adolescentes en el Derecho de las Familias

Abstract

The Right of Families, as it is more accurately termed in a contemporary way, is based on the principles of equality, autonomy and solidarity, granting vulnerable people a primordial place in the Civil and Commercial Code of the Nation (CC and C). This acquires concrete legal effects in the intersection between protection of housing and the rights of children and adolescents (NNA), from a renewed regime of both the family home, and the exercise of rights by persons under 18 years of age, the light of the principle of progressive autonomy. Thus, we propose in this article to review critically, the aforementioned crossing through the norms that make up the current Family Law, as well as the jurisprudential panorama, from the validity of the CCyC. For this purpose, it is proposed to analyze 4 axes that reflect current issues in the matter: I) the exercise of rights of children in relation to the family dwelling by the attribution of their use in the face of crisis among the parents, II) the right to protection of children's housing in extra-family relationships, mainly cases of evictions, III) adolescents, progressive autonomy and access to housing based on the special assumption provided by Law 27,364 of assisted discharge for adolescents without parental care, and IV) the obligatory gender perspective in light of the role that women occupy in the protection of the housing of their sons and daughters.