Recognition of the Right of minors to protection against addictions in Law 26/2018, of 21 December, on the Rights and Guarantees of Children and Adolescents of the Valencian Community

abstract

Law 26/2018, of 21 December, on the Rights and Guarantees of Children and Adolescents in the Valencian Community dedicates a specific chapter to the Right to Health of minors in that community. Among the matters addressed in this chapter is a reference to addictions in a single precept, art. 40, including gambling and betting, the misuse of communication and information technologies and the consumption of alcoholic beverages, tobacco, drugs, narcotic and psychotropic substances and other addictive behaviours. This regulation establishes some basic guidelines, including the principle of protection of these minors against addictive behaviour, the obligation of public administrations to promote and guarantee the adoption of measures to promote health, prevention, early diagnosis and comprehensive treatment in relation to child and adolescent consumption of alcohol, tobacco, drugs and other addictive behaviours, the obligation of these administrations that prevention actions must ensure that therapeutic interventions are adjusted to the profile and characteristics of minors, and that therapeutic interventions are adjusted to the profile and characteristics of these minors. Some clarifications are made in terms of gambling and betting, but not in relation to other addictive behaviors. Therefore, in view of this scant regulation, it is necessary to interrelate this Law with the specific legislation relating to each addiction and to contemplate the treatment that this legislation provides to children and adolescents.

Keywords:

Transcranial direct current stimulation (tDCS); tobacco; quit smoking.

Author

  • Josefina Alventosa del Río - Departamento de Derecho civil, Facultad de Derecho, Universidad de Valencia, España

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