Young and old: beyond the National Constitution

Young and old: beyond the National Constitution

October 9, 2024 – 00:00

A look at the lowering of the age of punishment and the situation that retirees are going through in the light of the law.

When we see that this society debates whether or not we should lower the age of imputability and punishability; That is, if we can put him in jail a 13 year old boyor when we observe that the same society It also condemns its elders to an end of survival and regret, rather than legally reflecting on all the regulations. constitutional which is effectively putting itself in crisis.

On that topic, which we have written about in these same pages in the past, we must pose the problem directly in philosophical terms and then, beyond the legalunderstand that: 1-regarding minors in violation of the law, Criminal law and our penitentiary system will not resolve the conflict between children and adolescents with criminal law, basically because there is no record in the history of humanity in which man has truly resolved conflicts of such complexity with the penal code in hand.

Rather, the criminalization of that socio-cultural situation, It made the problem it was intended to solve worse.

And at the other end, that is, with respect to our elders, this society of adults must also accept in philosophical terms, that the most a human being can aspire to in life is to grow old with dignity, and with pathological exceptions, human beings prefer to live than die.

In short, we all aspire to grow old, so seeing that this society of adults treats its elders this way – beyond the Inter-American Convention about the Protection of Human Rights of the Seniors, that effectively imposes on States the commitment to ensure, promote and protect the full enjoyment and exercise of the rights of older persons, taking into account their specific needs at that stage of life and that since the year 2022 has hierarchy constitutional in Argentina – should ask us about what principles, and from what values, we intend for our children and adolescents of today to grow up.

Source: Ambito

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