The Senate and Chamber of Deputies
of the Argentine Nation gathered in Congress,
ARTICLE 1 OBJECT. This law is aimed at the comprehensive protection of the rights of children and adolescents in the territory of the Argentine Republic, in order to guarantee the full, effective and permanent exercise and enjoyment of those recognized in the national legal system and in the international treaties to which the Nation is a party.
The rights recognized here are ensured by their highest demand and based on the principle of the best interests of the child.
The omission in the observance of the duties of the State ' s governmental bodies at present empowers every citizen to bring administrative and judicial action in order to restore the exercise and enjoyment of such rights through expeditious and effective measures.
ARTICLE 2 IMPLEMENTATION OBLIGATORY. The Convention on the Rights of the Child is binding on the conditions of its validity, in any act, decision or administrative, judicial or any kind taken in respect of persons up to the age of eighteen. Girls, children or adolescents have the right to be heard and treated in any way they manifest themselves in all areas.
The rights and guarantees of the subjects of this law are of public order, irrenunciable, interdependent, indivisible and intransigible.
ARTICLE 3 SUPERIOR INTEREST. For the purposes of this Act, the best interests of the child and adolescent are to be understood as the maximum satisfaction, complete and simultaneous of the rights and guarantees recognized in this law.
It must be respected:
(a) Their status as a subject of law;
(b) The right of children and adolescents to be heard and to have their views taken into account;
(c) Respect for the full personal development of their rights in their family, social and cultural environment;
(d) Their age, maturity, discernment capacity and other personal conditions;
(e) The balance between the rights and guarantees of children and adolescents and the demands of the common good;
(f) Your life center. It is understood that the place where girls, boys and adolescents have under legitimate conditions has elapsed most of their existence.
This principle applies in the field of parental authority, guidelines to which the exercise of parental authority, filiation, restitution of the child, the girl or the adolescent, adoption, emancipation and all circumstances linked to the above shall be in any area where it is to be performed.
Where there is a conflict between the rights and interests of girls, boys and adolescents against other equally legitimate rights and interests, the first will prevail.
ARTICLE 4 PUBLIC POLITICS. Public policies for children and adolescents shall be developed according to the following guidelines:
(a) Strengthening the role of the family in the realization of the rights of children and adolescents;
(b) Decentralization of implementation agencies and specific plans and programmes of the various rights protection policies in order to ensure greater autonomy, agility and effectiveness;
(c) Associated management of government agencies at their different levels in coordination with civil society, with ongoing training and control;
(d) Promotion of local cross-sectoral networks;
(e) To promote the establishment of organizations and agencies for the defence and protection of the rights of children and adolescents.
ARTICLE 5° GOVERNMENTAL RESPONSIBILITY. State agencies have an unfetterable responsibility to establish, control and ensure compliance with federal public policies.
In the formulation and implementation of public policies and their provision, it is a priority for State agencies to keep in mind the best interests of persons subject to this law and the privileged allocation of public resources that guarantee them.
Any action or omission contrary to this principle constitutes an act contrary to the fundamental rights of girls, boys and adolescents.
The public policies of State agencies must ensure the exercise of the rights of children and adolescents with absolute priority.
The absolute priority implies:
1.- Protection and assistance in any circumstances;
2.- Priority in the demand for legal protection when their rights collide with the interests of adults, private or public legal persons;
3.- Preference in the care, formulation and implementation of public policies;
4.- Privileged allocation and intangibility of public resources that guarantee them;
5.- Preference of care in essential services.
ARTICLE 6 COMMUNICATION. The Community, on the basis of solidarity and in the exercise of participatory democracy, must and has the right to be an active part in the realization of the rights and guarantees of children and adolescents.
ARTICLE 7 FAMILY RESPONSIBILITY. The family is primarily responsible for ensuring the full and effective enjoyment of their rights and guarantees for girls, boys and adolescents.
The father and the mother have common and equal responsibilities and obligations regarding the care, development and comprehensive education of their children.
State agencies should ensure appropriate policies, programmes and assistance so that the family can adequately assume this responsibility, and for parents to assume, on an equal basis, their responsibilities and obligations.
PRINCIPLES, RIGHTS AND GARANTIS
ARTICLE 8 Right to life. Girls, boys and adolescents have the right to life, to their enjoyment, protection and to the achievement of good quality of life.
ARTICLE 9 RIGHT TO DIGNITY AND PERSONAL INTEGRITY. Girls, children and adolescents have the right to dignity as subjects of rights and persons in development; not to be subjected to violent, discriminatory, vexative, humiliating, intimidating treatment; not to be subjected to any form of economic exploitation, torture, abuse or negligence, sexual exploitation, abduction or trafficking for any purpose or in any cruel or degrading form or condition.
Children and adolescents have the right to their physical, sexual, mental and moral integrity.
A person who learns of ill-treatment, or situations that affect the mental, physical, sexual or moral integrity of a child or adolescent, or any other violation of his or her rights, must communicate to the local enforcement authority of this law.
State agencies should ensure free assistance and comprehensive care programmes that promote the recovery of all girls, boys and adolescents.
ARTICLE 10. RIGHT TO PRIVATE LIFE AND FAMILY INTIMITY. Children and adolescents have the right to privacy and privacy of and in family life.
These rights cannot be subject to arbitrary or unlawful interference.
ARTICLE 11. Right to IDENTITY. Children and adolescents have the right to a name, a nationality, a language of origin, to the knowledge of who their parents are, to the preservation of their family relations in accordance with the law, to the culture of their place of origin and to preserve their identity and idiosyncrasy, except for the exception provided for in articles 327 and 328 of the Civil Code.
State agencies should facilitate and collaborate in the search, location or collection of information, of parents or other relatives of girls, boys and adolescents by providing them with the meeting or family reunion. They have the right to know their biological parents, to grow and develop in their families of origin, to maintain their personal and direct links with their parents on a regular and permanent basis, even if they were separated or divorced, or to weigh on any of them criminal complaint or sentence, unless such link, threatens or violates any of the rights of the children and adolescents enshrined in the law.
In any situation of institutionalization of parents, State agencies must ensure that girls, boys and adolescents are connected and contacted directly and permanently, provided that they do not contradict the best interests of the child.
Only in cases where this is impossible and exceptionally shall they have the right to live, to be raised and to develop in an alternative family group or to have an adoptive family, in accordance with the law.
ARTICLE 12. STATUS OF IDENTIFIATION. INSCRIPTION IN THE REGISTRATION OF THE STATE AND CAPACITY OF PERSONS. State agencies should ensure simple and expeditious procedures for newborns to be identified free of charge, compulsory, timely and immediately after birth, by establishing the subsidiary link with the mother, in accordance with the procedure provided for in Act No. 24.540.
In the absence of a document that demonstrates the identity of the mother or the father, State agencies shall have the necessary means to obtain the compulsory identification contained in the preceding paragraph, which must be taken into account in particular by the regulation of this law.
It should facilitate the adoption of specific measures for the free registration in the State Register and Capacity of Persons, of all adolescents and mothers who have not been registered in due course.
ARTICLE 13. RIGHT TO DOCUMENTATION. Children, adolescents and undocumented mothers have the right to obtain public documents to verify their identity, in accordance with the regulations in force and in the terms of the procedure provided for in Act No. 24.540.
ARTICLE 14. RIGHT TO HEALTH. State agencies must ensure:
(a) Access to health services, respecting the family and cultural norms recognized by the family and the community to which they belong, provided that they do not constitute a danger to their life and integrity;
(b) Comprehensive assistance, rehabilitation and integration programmes;
(c) Programmes for family care, guidance and assistance;
(d) Permanent campaigns to disseminate and promote their rights to the community through the media.
Any health institution should give priority to girls, boys and adolescents and pregnant women.
Girls, boys and adolescents have the right to comprehensive health care, to receive the necessary medical care and to have equal access to prevention, promotion, information, protection, early diagnosis, timely treatment and recovery of health.
ARTICLE 15. RIGHT TO EDUCATION. Girls, children and adolescents have the right to free and public education, taking into account their comprehensive development, their preparation for the exercise of citizenship, their training for democratic coexistence and work, respecting their cultural identity and language of origin, their freedom of creation and the maximum development of their individual competences; strengthening the values of solidarity, respect for human rights, tolerance, cultural identity and preservation of the environment.
They have the right to access and stay in an educational establishment near their residence. In the event of a lack of documentation that proves their identity, they must be provisionally registered, and the State agencies must arbitrate the means for the urgent delivery of this document.
For no reason, access to education may be restricted by giving the corresponding certificate or diploma.
Children and adolescents with special capacities have all the rights and guarantees enshrined and recognized by this law, in addition to those inherent in their specific status.
State, family and society agencies must ensure the full development of their personality to the maximum of their potential, as well as the enjoyment of a full and dignified life.
ARTICLE 16. FREEDOM OF EDUCATION. Public education shall be free of charge in all State services, levels and special regimes, in accordance with the provisions of the current legal system.
ARTICLE 17. PROHIBITION OF DISCRIMINATION BY STATE OF EMBARAZO, MATERNITY AND PATERNITY. Prohibit public and private educational institutions for pregnancy, maternity or paternity, corrective measures or disciplinary sanctions on girls, boys and adolescents.
State agencies should develop a system that would enable the continuity and completion of the studies of girls, boys and adolescents.
A woman deprived of her liberty will be especially assisted during pregnancy and childbirth, and will be provided with the material means for the proper upbringing of her child while she remains in prison, facilitating communication with her family in order to foster her integration.
ARTICLE 18. MEANS OF PROTECTION OF MATERNITY AND PATERNITY. The measures that make up comprehensive protection will be extended to the mother and father during pregnancy, childbirth and breastfeeding, ensuring dignified and equitable conditions for the proper development of their pregnancy and the upbringing of their child.
ARTICLE 19. RIGHT TO FREEDOM. Children and adolescents have the right to freedom.
This right includes:
(a) Having their own ideas, beliefs or religious worship according to the development of their powers and the limitations and guarantees enshrined in the legal system and exercising it under the guidance of their parents, guardians, legal representatives or those responsible;
(b) Express your opinion in the areas of your daily life, especially in the family, community and school;
(c) Express your opinion as users of all public services and, with the limitations of the law, in all judicial and administrative proceedings that may affect your rights.
Individuals subject to this law have the right to their personal liberty, without more limits than those established in the existing legal system. They cannot be deprived of it illegally or arbitrarily.
Deprivation of personal liberty, understood as the location of the child, child or adolescent in a place where she cannot leave by her own will, must be carried out in accordance with the current regulations.
ARTICLE 20. RIGHT TO THE DEPORTE AND RECREATIVE PLAY. State agencies with the active participation of society should establish programmes that guarantee the right of all girls, boys and adolescents to recreation, recreation, recreational games and sports, and should ensure specific programmes for those with special capacities.
ARTICLE 21. RIGHT TO THE ENVIRONMENT. Children and adolescents have the right to a healthy and ecologically balanced environment, as well as to the preservation and enjoyment of the landscape.
ARTICLE 22. RIGHT TO DIGNITY. Children and adolescents have the right to be respected in their dignity, reputation and image.
It is prohibited to expose, disseminate or disclose data, information or images that allow to identify, directly or indirectly, the subjects of this law, through any means of communication or publication against their will and that of their parents, legal or responsible representatives, when their dignity or reputation of girls, boys and adolescents are injured or constitute arbitrary or unlawful interference in their private life or family privacy.
ARTICLE 23. RIGHT OF LIBRE ASSOCIATION. Children and adolescents have the right to freely associate with other persons, for social, cultural, sporting, recreational, religious, political, labour or other purposes, provided that they are lawful and in accordance with existing legislation. This right includes, in particular, the right to:
(a) To form part of associations, including their governing bodies;
(b) Promote and form associations consisting exclusively of children, adolescents or both, in accordance with the law.
ARTICLE 24. Right to watch and be heard. Children and adolescents have the right to:
(a) To participate and freely express their views on matters concerning them and those of interest;
(b) That their views be taken into account in accordance with their maturity and development.
This right extends to all areas where girls, boys and adolescents are involved; among them, to the state, family, community, social, school, scientific, cultural, sports and recreational spheres.
ARTICLE 25. RIGHT TO WORK OF ADOLESCENTS. State agencies must guarantee the right of adolescents to education and recognize their right to work with the restrictions imposed by existing legislation and international conventions on the eradication of child labour, and must exercise labour inspection against the exploitation of children and adolescents.
This right may be limited only when the work activity is at risk, danger to development, the physical, mental or emotional health of adolescents.
State agencies, society and in particular trade union organizations will coordinate their efforts to eradicate child labour and limit all legally authorized forms of work when they prevent or affect their evolutionary process.
ARTICLE 26. RIGHT TO SOCIAL SECURITY. Children and adolescents have the right to obtain the benefits of social security.
State agencies should establish inclusive policies and programmes for girls, boys and adolescents, to consider the resources and situation of girls and those responsible for their maintenance.
ARTICLE 27. MINIMAS OF PROCEDURE. IN JUDICIAL or ADMINISTRATIVE PROCEDURES. The State agencies shall ensure that girls, boys and adolescents are guaranteed in any judicial or administrative procedure affecting them, in addition to all the rights provided for in the National Constitution, the Convention on the Rights of the Child, the international treaties ratified by the Argentine Nation and the laws which are consequently given, the following rights and guarantees:
(a) To be heard before the competent authority whenever requested by the child, child or adolescent;
(b) To be taken primarily into account at the time of reaching a decision affecting it;
(c) To be assisted by a preferentially specialized lawyer in childhood and adolescence since the initiation of the judicial or administrative procedure that includes it. In the event of a lack of economic resources, the State shall, on its own initiative, assign a lawyer to sponsor it;
(d) To participate actively in the entire procedure;
(e) To appeal to the superior against any decision affecting him.
ARTICLE 28. PRINCIPLE OF IGUALDAD AND NO DISCRIMINATION. The provisions of this Act shall apply equally to all girls, boys and adolescents, without any discrimination based on racial, sex, colour, age, language, religion, belief, political opinion, culture, economic position, social or ethnic origin, special abilities, health, physical appearance or physical impairment, health, birth or any other status of the child or his or her parents or legal representatives.
ARTICLE 29. EFFECTIVE PRINCIPLE. State agencies shall take all administrative, legislative, judicial and other measures to ensure the effective implementation of the rights and guarantees recognized in this Act.
ARTICLE 30. I'm gonna have to get together. Members of educational and health establishments, public or private, and any public agent or official who is aware of the violation of the rights of children or adolescents, shall communicate that circumstance to the administrative authority for the protection of rights at the local level, subject to the expectation of responsibility for such omission.
ARTICLE 31. to the United Nations Secretariat. The public agent who is required to receive a complaint of violation of the rights of the subjects protected by this law, whether by the same child, child or adolescent, or by any other person, is obliged to receive and process such a complaint free of charge, in order to guarantee respect, prevention and reparation for the harm suffered, subject to the expectation of considering it an invocation in the figure of serious breach of the Duties of the Public Official.
SYSTEM OF INTEGRAL PROTECTION OF THE RIGHTS OF CHILDREN, CHILDREN AND ADOLESCENTS
ARTICLE 32. CONFORMATION. The Comprehensive Protection of the Rights of Girls, Children and Adolescents System is made up of all those agencies, entities and services that design, plan, coordinate, guide, implement and monitor public, state or private management policies at the national, provincial and municipal levels for the promotion, prevention, assistance, protection, protection and restoration of the rights of girls, children and adolescents, and establishes the means of the national legal system for the effective implementation of the Convention.
The Policy for the Comprehensive Protection of the Rights of Children and Adolescents should be implemented through an articulated concertation of actions of the Nation, the provinces, the Autonomous City of Buenos Aires and the municipalities.
In order to achieve its objectives, the Comprehensive Protection of the Rights of Girls, Children and Adolescents should have the following means:
(a) Rights protection policies, plans and programmes;
(b) Administrative and judicial bodies for the protection of rights;
(c) Economic resources;
(e) Protection of rights measures;
(f) Exceptional protection of rights measures.
ARTICLE 33. MEASURES OF INTEGRAL PROTECTION OF RIGHTS. They are those emanated from the local competent administrative body in the face of the threat or violation of the rights or guarantees of one or more children or adolescents individually considered, in order to preserve, restore or repair their consequences.
The threat or violation referred to in this article may come from the action or omission of the State, the Society, individuals, parents, the family, legal representatives, or those responsible, or from the conduct of the child, child or adolescent.
The lack of material resources of parents, family, legal or responsible representatives of girls, boys and adolescents, whether circumstantial, transitory or permanent, does not authorize the separation of their nuclear family, extended or with those who maintain emotional ties or their institutionalization.
ARTICLE 34. FINALITY. Protection of rights measures are aimed at the preservation or restitution of girls, boys and adolescents, the enjoyment, enjoyment and exercise of their rights violated and redressing their consequences.
ARTICLE 35. IMPLEMENTATION. Priority will be given to the protection of rights measures aimed at the preservation and strengthening of family ties with regard to girls, boys and adolescents. Where the threat or violation of rights is the result of unsatisfied basic necessities, material, economic, labour or housing deficiencies or difficulties, protection measures are programmes aimed at providing even economic aid and support, with a view to maintaining and strengthening family ties.
ARTICLE 36. PROHIBITION. In no case shall the measures referred to in article 33 of this Act be deprivation of liberty as provided for in article 19.
ARTICLE 37. PROTECTION MEASURES. The threat or violation of rights, including:
(a) Those for children or adolescents to remain living with their family group;
(b) Request for scholarships for nursery or kindergarten, and inclusion and retention in school support programmes;
(c) Comprehensive assistance to pregnant women;
(d) Inclusion of the girl child, adolescent and family in programmes aimed at strengthening and supporting the family;
(e) Care of the child, child and adolescent in their own home, guiding and supporting parents, legal or responsible representatives in fulfilling their obligations, together with the temporary follow-up of the family and the child, child or adolescent through a programme;
(f) Medical, psychological or psychiatric treatment of the child, child or adolescent or any of his or her parents, legal guardians or representatives;
(g) Economic assistance.
This statement is not taxative.
ARTICLE 38. EXTINTION. Protection measures may be replaced, amended or revoked at any time by the act of the competent authority that has provided them and when the circumstances that caused them vary or cease.
ARTICLE 39. EXCEPTIONAL MEASURES. They are those adopted when girls, boys and adolescents are temporarily or permanently deprived of their family environment or whose best interests require that they not remain in that environment.
The objective is to maintain or recover from the subject of the exercise and enjoy his rights violated and to repair their consequences.
These measures are limited in time and can only be prolonged while the causes that gave them origin persist.
ARTICLE 40. PROCEDURE OF EXCEPTIONAL MEASURES. Only when the measures provided for in article 33 have been duly completed in advance.
Declared from this exception, it will be the local authority of application who decides and establishes the procedure to follow, an act that must be legally founded, and must notify faithfully within the time limit of VEINTICUATRO (24) hours, the measure taken to the competent judicial authority in family matters of each jurisdiction.
A staff member who fails to comply with this provision shall be liable to the penalties provided for in Chapter IV of the Criminal Code of the Nation.
The competent authority of each jurisdiction, in the protection of the rights of girls, boys and adolescents within the time of SETENTA and DOS (72) hours of notification, with summons and hearing of the legal representatives, shall resolve the legality of the measure; the competent judicial authority shall refer the case to the competent local authority of application for the implementation of the relevant measures.
ARTICLE 41. IMPLEMENTATION. The measures set out in article 39 shall apply in accordance with the following criteria:
(a) Temporary stay in alternative family areas. The measures consist of the search for and individualization of persons linked to them, through lines of kinship for consanguinity or for affinity, or with other members of the extended family or the community, according to local custom, in all cases taking into account the opinion of girls, boys and adolescents;
(b) Only on an exceptional basis, subsidiary and for the shortest possible time can an alternative co-existing form be used to that of their family group, and through quick and agile mechanisms, the return of girls, boys and adolescents to their family and community group or environment should be encouraged. In considering solutions, special attention will be paid to the continued education of girls, boys and adolescents and their ethnic, religious, cultural and linguistic origins. These measures should be monitored by the competent local administrative and judicial agency involved;
(c) The measures will be implemented under non-substituted forms of intervention of the family group of origin, in order to preserve the family identity of girls, boys and adolescents;
(d) The exceptional protection measures taken in relation to groups of brothers must preserve their coexistence;
(e) In no case can exceptional protection measures consist of deprivation of liberty;
(f) It may not be the basis for the implementation of an exceptional measure, the lack of economic, physical, policy or programme resources of the administrative body.
ADMINISTRATIVE BODIES FOR THE PROTECTION of
ARTICLE 42. INTEGRAL PROTECTION SYSTEM. NIVELES. The comprehensive protection system consists of the following levels:
(a) NATIONAL: It is the specialized agency for children ' s and adolescents ' rights in the field of the national executive branch;
(b) FEDERAL: It is the coordinating and coordinating body for the design, planning and implementation of public policies throughout the territory of the Argentine Republic;
(c) PROVINCIAL: It is the organ of planning and implementation of the policies of children, whose form and hierarchy will determine each province and the Autonomous City of Buenos Aires, respecting the respective autonomy and the pre-existing institutions.
The provinces will be able to conclude agreements within the existing legal framework for municipalities and communes in provincial jurisdictions, as well as to implement a monitoring agency for comprehensive protection programmes for the rights of children and adolescents in coordination with non-governmental organizations for children, adolescents and families.
NATIONAL SECRETARIAT OF NIÑEZ, ADOLESCENCIA AND FAMILY
ARTICLE 43. NATIONAL SECRETARIAT. The National Executive Branch, the National Secretariat for Children, Adolescents and the Family, a specialized agency for children ' s and adolescents ' rights, will operate with inter-ministerial representation and civil society organizations.
It shall be chaired by a Secretary of State appointed by the National Executive.
ARTICLE 44. FUNTIONS. The functions of the Secretariat are:
(a) Ensuring the functioning of the Federal Council for Children, Adolescents and the Family and establishing jointly the coordination modality between the two agencies in order to establish and articulate comprehensive public policies;
(b) Develop, with the participation of the Federal Council on Children, Adolescents and the Family, a National Plan of Action as a rights policy for the specific area, in accordance with the legal principles laid down in this Act;
(c) Exert the necessary representation to all official media advisory and counter-terrorism agencies;
(d) To exercise the representation of the national State in the areas of its competence;
(e) To participate jointly with the Federal Council on Children, Adolescents and the Family in the holding and implementation of the instruments of an international nature that the Nation subscribes to or to which it accedes, when they affect or refer to the subject matter of their competence;
(f) To carry out the reports provided for in article 44 of the Convention on the Rights of the Child, and to exercise the representation of the national State in its submission, being constituted as depositary of the recommendations made;
(g) Promote research on children, adolescents and families;
(h) Design general rules of operation and guiding principles to be met by public or private institutions for the assistance and protection of the rights of the subjects of this law;
(i) Support non-governmental organizations in defining their institutional objectives for the promotion of the exercise of the rights of children and adolescents and the prevention of their institutionalization;
(j) Promote active policies to promote and defend the rights of children, adolescents and their families;
(k) Coordinar acciones consensuadas con los Poders del Estado, organismos gubernamental y organizaciones no gubernamentales, fo promover la participación activo de las niñas, niños y Adolescents;
(l) To promote technical assistance and training activities to provincial and municipal agencies and community actors involved in direct care services or in the development of institutional transformation processes;
(m) To jointly manage with the Federal Council for Children, Adolescents and the Family, to obtain national and international financial resources for the implementation of public policies for children, adolescents and families;
(n) To effect jointly with the Federal Council on Children, Adolescents and the Family the transfer of funds to the Provincial States for the financing of such policies;
(o) Organize a unique and decentralized information system that includes indicators for monitoring, evaluating and monitoring policies and programmes for children, adolescents and families;
(p) Strengthen the recognition in society of children and adolescents as active subjects of rights;
(q) Promote decentralized mechanisms for the implementation of programmes and projects to ensure the realization of the rights of children, adolescents and their families;
(r) To allocate, together with the Federal Council on Children, Adolescents and the Family, public resources for the formulation and implementation of the policies provided for in the National Plan of Action;
(s) Establish in coordination with the Federal Council on Children, Adolescents and the Family mechanisms for monitoring, monitoring and evaluating public policies for the protection of the rights of children and adolescents.
(t) Create free and easily accessible digital platform and technology interfaces to provide information and advice on violence, abuse, abuse and other rights violations against children and adolescents, and to promote their participation; (Convention of article 1 of the Law No. 27.576 B.O. 26/11/2020)
(u) Establish guidelines for the compilation and treatment of information produced by technology interfaces and telephone lines for children and adolescents under the various administrative bodies of the various jurisdictions; (Convention of article 1 of the Law No. 27.576 B.O. 26/11/2020)
(v) Generate mass dissemination campaigns of the interfaces identified in subparagraph (t). (Convention of article 1 of the Law No. 27.576 B.O. 26/11/2020)
FEDERAL COUNCIL OF CHILD, ADOLESCENCE AND FAMILY
ARTICLE 45. Créase el Consejo Federal de Niñez, Adolescencia y Familia, el que serán integración por quien exercise la titularidad de la Secretaría Nacional de Niñez, Adolescencia y Familia, quien lo presidiá y por los representantes de los Organos de Protección de Derechos de Niñez, Adolescencia y Familia existen o a crearse en cada de las provincias y de la Ciudad Autónoma de Buenos Aires.
The Federal Council for Children, Adolescents and the Family shall issue its own operating regulations, which shall be approved at the first meeting.
ARTICLE 46. FUNTIONS. The Federal Council on Children, Adolescents and the Family shall have deliberative, consultative, proposals and concerted policies, the scope and content of which shall be set out in the constitution.
You will have the following functions:
(a) To conclude and implement policies for the comprehensive protection of the rights of children, adolescents and their families;
(b) Participate in the development in coordination with the National Secretariat for Children, Adolescents and the Family of a National Plan of Action as a rights policy for the specific area, in accordance with the legal principles set out in this Act;
(c) Propose and promote legislative and institutional reforms aimed at the realization of the principles laid down in the Convention on the Rights of the Child;
(d) To promote spaces for the active participation of civil society organizations in the provinces and the Autonomous City of Buenos Aires, recognized for their specialty and suitability in the matter, favoring their formation in community networks;
(e) Promote the supervision and control of private institutions of assistance and protection of rights;
(f) To jointly and in coordination with the National Secretariat for Children, Adolescents and the Family to obtain national and international financial resources for the implementation of public policies for children, adolescents and families;
(g) To effect, together with the National Secretariat for Children, Adolescents and the Family, the transfer of funds to the Provincial States for the financing of such policies;
(h) Manage the distribution of the budget allocations for the formulation and implementation of the policies provided for in the National Action Plan;
(i) Promote in coordination with the National Secretariat for Children, Adolescents and the Family, mechanisms for monitoring, monitoring and evaluating public policies aimed at the comprehensive protection of the rights of girls; children and adolescents.
RIGHTS OF CHILDREN, CHILDREN AND ADOLES
ARTICLE 47. CREATION. Consider the figure of the Ombudsman for the Rights of Girls, Children and Adolescents, who will be responsible for ensuring the protection and promotion of their rights enshrined in the National Constitution, the Convention on the Rights of the Child and national laws.
ARTICLE 48. CONTROL. The defence of the rights of girls, boys and adolescents to public and private institutions and the monitoring and audit of the implementation of the comprehensive protection system will be carried out at two levels:
(a) National: through the Ombudsman for the Rights of Children and Adolescents;
(b) Provincial: respecting the autonomy of the provinces and the Autonomous City of Buenos Aires, as well as the pre-existing institutions.
The legislatures may designate defenders in each jurisdiction, whose funding and functions will be determined by the respective legislative bodies.
ARTICLE 49. DESIGNATION. The Ombudsman for the Rights of Girls, Children and Adolescents shall be proposed, appointed and removed by the National Congress, who shall appoint a bicameral commission consisting of ten members, five from each House respecting the proportion in political representation, who shall be responsible for the evaluation of the designation to be carried out through a public examination of background and opposition. The decisions of this Committee shall be taken by the vote of two thirds of its members.
The Ombudsman shall be appointed within the NOVTA (90) days of the sanction of this law and shall assume his duties before the Honorable Senate of the Nation, by oath of faithfully carrying out his office.
ARTICLE 50. REQUIREMENTS FOR ITS ELECTION. The Ombudsman for Children and Adolescents must meet the following requirements:
(a) To be Argentine;
(b) Have fulfilled TREINTA (30) years of age;
(c) Accrediting suitability and specialization in the defence and active protection of the rights of children and adolescents and families.
ARTICLE 51. DURATION IN THE CARGO. The Children ' s and Adolescents ' Rights Advocate will last in his functions as CINCO (5) years, and may be re-elected for one time.
ARTICLE 52. INCOMPATIBILITY. The office of the Ombudsman for the Rights of Girls, Children and Adolescents is incompatible with the performance of any other public, commercial or professional activity other than teaching, and the party ' s political activity is also closed.
Within the TEN (10) days after his appointment and before taking office, the Ombudsman must cease in any situation of incompatibility that might affect him, under the notice of removal from office.
The Office of the Ombudsman, as appropriate, is subject to the rules of recusal and excuse provided for in the Code of Civil and Commercial Procedure of the Nation.
ARTICLE 53. OF REMUNERATION. The Ombudsman for the Rights of Girls, Children and Adolescents shall receive the remuneration established by the Congress of the Nation, by resolution of the presidents of both Houses.
ARTICLE 54. BUDGET. The National Executive Branch shall allocate a budget line to cover the costs of the administrative functioning of the Ombudsman for the Rights of Children and Adolescents.
ARTICLE 55. FUNTIONS.
They are their functions:
(a) Promote actions for the protection of diffuse or collective interests relating to girls, boys and adolescents;
(b) Interpose actions for the protection of the rights of children and adolescents in any trial, instance or court;
(c) Ensure effective respect for the rights and legal guarantees guaranteed to girls, boys and adolescents, promoting judicial and extrajudicial measures of the case. For this purpose, it may take the claimant ' s statements, be understood directly with the requested person or authority and make recommendations with a view to improving public and private services for girls, boys and adolescents, determining a reasonable time for their perfect adequacy;
(d) Initiate action with a view to the implementation of sanctions for offences against the standards of protection of children and adolescents, without prejudice to the civil and criminal responsibility of the offender, where appropriate;
(e) Supervising public and private entities that are devoted to the care of girls, boys or adolescents, either by providing them on a temporary or permanent basis, by developing programmes of attention to them, should denounce to the competent authorities any irregularity that threatens or violates the rights of all girls, children or adolescents;
(f) Requiring for the performance of its functions the assistance of the public force, medical and educational services, whether public or private;
(g) Provide advice of any kind to girls, boys and adolescents and their families through an appropriate organization;
(h) To advise girls, children, adolescents and their families on public, private and community resources, where they can resort to the solution of their problems;
(i) Intervene in the mediation or conciliation advisory body;
(j) Receiving all types of complaints made by children or adolescents or any complaints relating to girls, boys and adolescents, either personally or through a free and permanent telephone service, should be immediately addressed to the request in question.
ARTICLE 56. ANNUAL REPORT. The Ombudsman for the Rights of Girls, Children and Adolescents shall report annually to the Congress of the Nation, on the work of a report to be submitted by 31 May each year.
Within the SESENTA (60) days of the beginning of the regular sessions of each year, the Ombudsman shall submit such a report in a verbal manner to the Bicameral Commission referred to in article 49.
Where the gravity or urgency of the facts is advised, a special report may be submitted. Annual and special reports will be published in the Official Gazette, in the Journals of Sessions and on the Internet.
The Ombudsman for Children ' s and Adolescents ' Rights in a personal manner shall have quarterly recourse to the permanent commissions specializing in the matter of each of the Chambers of the National Congress to provide the reports required to it, or at any time when the Commission so requires.
ARTICLE 57. CONTAINED OF THE REPORT. The Ombudsman for the Rights of Girls, Children and Adolescents must report in his annual report on the complaints submitted and the outcome of the investigations. The report should not contain the personal data that allows the public to identify the complainants, as well as the children and adolescents involved.
The report will contain an annex listing the accountability of the agency ' s budget in the appropriate period.
ARTICLE 58. THANK YOU. The Children ' s and Adolescents ' Rights Advocate shall determine exclusively the cases to which he or she will take part; the presentations shall be free of charge, the participation of managers and intermediaries is prohibited.
ARTICLE 59. . CESE. CAUSALES. The Ombudsman for the Rights of Girls, Children and Adolescents has ceased to serve in any of the following cases:
(a) By resignation;
(b) Due to the expiration of the term of office;
(c) By overcoming disability or death;
(d) " For having been convicted by a firm sentence for a criminal offence;
(e) For notorious negligence in the performance of the duties of the office or for having incurred the situation of incompatibility provided for by this law.
ARTICLE 60. CESE and FORMAS. In the cases provided for in subparagraphs (a), (c) and (d) of the preceding article, the cessation shall be provided by the Presidents of both Chambers. In the case of subparagraph (c), the relative incapacity must be credited in a fruitful manner. In the cases provided for in subparagraph (e) of the same article, the cessation shall be decided by the vote of the two thirds of the members present of the Commission, following the discussion and hearing of the person concerned.
In the event of the death of the Ombudsman for the Rights of Girls, Children and Adolescents, it shall be replaced on a provisional basis according to the procedure set out in the following article, promoting the appointment of the holder in the shortest term as set out in article 56.
ARTICLE 61. Hang on. On the proposal of the Ombudsman for the Rights of Girls, Children and Adolescents and in accordance with the procedure set out in article 56, two envoys may be appointed to assist the child in the exercise of his or her functions, and may also replace him or her in the event of termination, death, suspension or temporary impossibility in the order in which they were appointed.
ARTICLE 62. COLABORATION. All Entities, agencies and legal persons, whether public or private, and individuals are obliged to cooperate with the requirements of the Ombudsman for the Rights of Girls, Children and Adolescents on a preferential and expeditious basis.
ARTICLE 63. OBSTACULIZATION. Anyone who disobeys or obstructs the exercise of the functions provided for in the preceding articles shall incur the offence under article 239 of the Criminal Code. The Ombudsman for the Rights of Girls, Children and Adolescents must transfer the respective background to the Public Prosecutor ' s Office for the exercise of the relevant actions. It may require the intervention of justice to obtain the remission of the documentation that would have been denied by any agency, entity, person or its agents.
ARTICLE 64. You must. The Office of the Ombudsman for Children and Adolescents shall:
(a) To promote and protect the rights of girls, boys and adolescents through actions and recommendations to the competent public bodies, in order to ensure their enjoyment and exercise;
(b) Denunciate verified irregularities to the relevant agencies who have an obligation to communicate to the Ombudsman for the Rights of Girls, Children and Adolescents the result of the investigations carried out;
(c) Make recommendations or proposals to public or private bodies on issues of concern;
(d) To inform public opinion and whistleblowers about the results of the investigations and actions carried out. To that end, a space should be established in the mass media.
OF NON-GOVERNMENTAL ORGANIZATIONS
ARTICLE 65. OBJECT. For the purposes of the present Act, non-governmental organizations for children and adolescents are considered to be organizations that, with the Legal Personary and that, in compliance with their institutional mission, develop programmes or services to promote, treat, protect and defend the rights of children and adolescents.
ARTICLE 66. OBLIGATIONS. The non-governmental organizations mentioned in this Act must comply with the rights and guarantees recognized in the National Constitution, the Convention on the Rights of the Child, International Treaties on Human Rights to which the Argentine Republic is a party, and observe the following principles and obligations:
(a) Respect and preserve the identity of girls, boys and adolescents and offer them an environment of respect, dignity and non-discrimination;
(b) Respect and preserve the family or upbringing links of girls, boys and adolescents and ensure their stay in the family;
(c) Do not separate groups of brothers;
(d) Do not limit any rights that have not been limited by a court decision;
(e) Ensuring the right of children and adolescents to be heard and to have their views taken into account in all matters concerning them as subjects of rights;
(f) To keep the child, child or adolescent constantly informed of their legal status, in the event that there is a judicial case where a decision may be made that affects their interests, and to notify the child, in personal form and through its legal representative, of any new developments that may occur in an understandable manner whenever the child, child or adolescent requires it;
(g) Provide girls, boys and adolescents with personalized attention and small groups;
(h) To provide facilities duly authorized and controlled by the application authority with respect to building conditions, health, hygiene, safety and comfort;
(i) To report to the implementing authority on an annual basis, the expenses incurred according to their nature; the activities carried out described in detail; the activities programmed for the following period described in detail, their budget, administrative expenses and the resources to be covered. It will also be aware of the activities programmed for the expired exercise that had not been fulfilled, and the causes for this failure.
ARTICLE 67. INCUMPANCE. In the event of non-compliance with the obligations of non-governmental organizations for children and adolescents mentioned in this Act, the local enforcement authority shall promote to the competent agencies the implementation of the appropriate measures.
ARTICLE 68. REGISTRATION OF ORGANIZATIONS. Trust the National Secretariat for Children, Adolescents and the Family, the National Register of Civil Society Organizations with a legal person to develop programmes or services to assist, promote, treat, protect and defend the rights of girls, children and adolescents.
The provinces and the Autonomous City of Buenos Aires will be able to implement a System of Registration of Non-Governmental Organizations with a legal person in order to control and ensure in each jurisdiction the faithful observance of the principles established by this law, with communication to the National Secretariat for Children, Adolescents and the Family with a view to the creation of the National Register of these Organizations.
ARTICLE 69. The National Secretariat for Children, Adolescents and the Family and the Federal Council for Children, Adolescents and the Family shall jointly and in a coordinated manner ensure the fair and equitable distribution of budgetary allocations and all national or international resources for the realization of the objectives of this Act.
ARTICLE 70. TRANSFERS. The national Government will agree with the provincial governments and the Autonomous City of Buenos Aires, the necessary transfer of direct care services and their resources, to the respective jurisdictions in which they are currently serving and being implemented.
This law shall apply to pending or ongoing legal situations.
ARTICLE 71. TRANSITORY. Within a maximum period of SCIENTO OCHENTA (180) extended days for the same time and for the only time, the national executive branch shall take the necessary measures, including budgetary and edilicia, to ensure the containment and protection of girls, boys and adolescents, within the framework of the repealed Act No. 10.903.
ARTICLE 72. FUNDS. The General Budget of the Nation shall provide for the necessary provisions for the functioning of the Federal Council on Children, Adolescents and the Family, the National Secretariat for Adolescents and the Family, the Ombudsman for the Rights of Children and Adolescents and all appropriate for the implementation of this Act, in accordance with article 70.
The budget forecast in no case may be less than the highest forecast or execution of prior periods. Provide for the intangibility of funds for children, adolescents and families set out in the national budget.
For the current year budget period, the Chief of Staff will reassign the corresponding items.
ARTICLE 73. Replace article 310 of the Civil Code with the following:
"Article 310.- If one parent is deprived or suspended in the exercise of parental authority, the other will continue to exercise it. In the absence of the case of legal guardianship by an appropriate consanguineous relative, in an exclusive order, the judge shall provide for the guardianship of minors."
ARTICLE 74. Amend article 234 of the Code of Civil and Commercial Procedure of the Nation, which shall read as follows:
"Article 234: The guard may be decreed:
Subparagraph (1) Incapable of persons over DIECIOCHO (18) years of age abandoned or without legal representatives or when they are prevented from exercising their functions;
Subparagraph (2) Of the incompetent elders of DIECIOCHO (18) years of age who are in prayer with their legal representatives, in which their curatela is controversial."
ARTICLE 75. Amend article 236 of the Code of Civil and Commercial Procedure of the Nation, which shall read as follows:
"Article 236: In the cases provided for in Article 234, the petition may be deducted by any person, and orally formulated before the adviser of minors and incapable, in which case it shall be discharged with the relevant mentions, which shall be referred to the appropriate court. "
ARTICLE 76. Act No. 10.903, national decrees No. 1606/90 and amendments thereto, No. 1631/96 and No. 295/01.
ARTICLE 77. This law shall be regulated within a maximum period of NOVATE (90) days, counted from the sanction of the present.
ARTICLE 78. Contact the Executive.
IN THE SESSION OF THE ARGENTINE CONGRESS, IN GOOD AIRES, THE SEPTEMBER OF DOS MIL CINCO.
EDUARDO O. CHANGE. . DANIEL O. SCIOLI. . Eduardo D. Rollano. . Juan Estrada.