Autonomía progresiva e interés de la persona menor de edad

he essay proposes an interpretation of the best interests of the child and progressive autonomy starting from the Convention on the Rights of the Child CDN and considering the General Observations of the Committee on the Rights of the Child, in order to verify what the concrete applicative scope of these principles is and what the impact should be in all member states. Starting from the idea that the CDN is a source hierarchically superior to ordinary law, it is stated that the norms of the Civil Codes, which are not susceptible to conforming interpretation, must be considered abrogated and replaced with the norms and principles of the Convention. It is affirmed that the exercise of the minor’s capacity can no longer be considered to be regulated by the rules of the Civil Code in conflict with the principles of the CDN, which must be considered abrogated and replaced with a rule that attributes to the person who is a minor with discernment the capacity to perform all those juridical acts of current life proper to his age and in conformity with social customs.