El uso de tópicos en la jurisprudencia sobre derechos del niño de la Corte Interamericana de Derechos Humanos

This research delimits the content and scope of the measures to protect the rights of the child, established in Article 19 of the American Convention on Human Rights, based on the argumentative agreements established by the Inter-American Court of Human Rights (IACHR) in advisory opinion OC-17 and the use of this precedent in the judgments of the contentious cases. As a result, the following topics commonly used by the Court in its decisions on children’s rights were identified: best interests of the child, protection of the nuclear family, equality based on speciality and special protection mea­sures, which acquire functionality through their relationship with a circle of problems – situations of risk or danger, conflict with criminal law, family separation and discrimination – in the arguments produced by the Court up to 2023. This paper uses the contributions of the theory of legal argumentation, especially the contributions of the philosopher and jurist Theodor Viehweg, on the philosophy of law as basic research and the legal topic, in this case that produced in the jurisprudence on children’s rights of the IACHR.