Strategic uses and redefinitions of children’s rights: Violence against children in Argentina and Brazil

Abstract

This chapter examines how children’s rights are contested and strategically mobilized in Argentina and Brazil’s sociopolitical landscapes. Rather than viewing these rights as simply imposed Western ideals, it analyzes their dynamic reinterpretation in local contexts. The study traces children’s rights evolution in Latin America, highlighting their role in opposing authoritarian regimes and supporting marginalized groups. In Brazil, it focuses on the Child and Adolescent Statute (ECA) as a democratization milestone, while examining neoconservative challenges to its principles, particularly regarding the ‘Menino Bernardo Law’ on physical punishment. In Argentina, the research explores the intersection of women’s and children’s rights through the #NiUnaMenos movement against gender violence, which has unified narratives about violence against women and children, spurring legislative reforms. The paper argues for understanding children’s rights as complexly situated tools that various actors deploy to advance their agendas, moving beyond both hegemonic and critical perspectives that fail to capture this nuanced reality.