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EXECUTION of LA Peña CUSTODIAL of LA freedom execution of LA Peña CUSTODIAL of the freedom Law 26.695 amending the Act No. 24.660. Adopted: 27 July 2011 fact promulgated: August 24, 2011 the Senate and Chamber of deputies of the Argentina nation gathered in Congress, etc. they attest to the force of law: article 1 - replace chapter VIII, articles 133 to 142, the Act 24.660 by the following: article 133: right to education. All them people private of his freedom have right to the education public. The national State, the provinces and the autonomous city of Buenos Aires have responsibility delegated primarily provide a comprehensive, permanent education and quality for all persons deprived of their liberty in their jurisdictions, thus guaranteeing equality and gratuitousness in the exercise of this right, with the participation of non-governmental organizations and families. Inmates must have full access to education at all levels and modalities in accordance with laws 26.206 of national education, 26.058 of technical-professional education, comprehensive Sexual education 26.150 24.521 of higher education and all other applicable standard. The aims and objectives of educational policy with respect to persons deprived of their liberty are identical to the set for all inhabitants of the nation by the National Education Act. The purposes of this Act may not be understood in the sense of altering them in any way. All inmates are required to complete compulsory education set by the law.
Article 134: Duties. Are duties of students study and participate in all training and complementary activities, respect the freedom of conscience, dignity, integrity, and privacy of all members of the educational community, participate and collaborate in the improvement of the living and the attainment of a proper climate of study at the institution, respecting the right of peers to education and the guidelines of the authority teachers and professors, respect the institutional educational project, organization, coexistence and discipline of the establishment rules, attend class regularly and in a timely manner and preserve and make good use of the facilities, equipment and teaching materials of the establishment.
Article 135: restrictions prohibited to the right to the education. Access to education at all levels and modalities will not accept any limitation based on discriminatory grounds, nor on the procedural status of inmates, the type of establishment of detention, confinement mode, security level, the degree of progress in the progressiveness of the penitentiary system, the qualifications of https://www.boletinoficial.gob.ar/pdf/linkQR/S0JzR2pQdktlYkl5VC9wRXlpb01lUT09 conduct or concept , or in any other circumstances involving an unjustified restriction of the right to education.
Article 136: Special situations. The special needs of any person or group should be dealt with in order to ensure full access to education, as established in the law on national education 26.206. Women deprived of their liberty shall be assisted especially during pregnancy, childbirth, and the material means for adequate parenting your child is provide as long as it remains in the prison environment, facilitating the continuity and the completion of the studies, as established by article 58 of the law on national education.
Article 137: notification to the internal. The content of this chapter will be made known to all persons deprived of their liberty, informing, at the time of their admission to an institution. From the time same of the income is will ensure to the internal its right to it education, and is shall take the measures necessary for keep, promote and improve their capabilities e instruction. Whenever an internal enter to a settlement, the authorities educational and prison must certify your level of instruction leaving constancy in the file personal and in them records relevant. If you enter has any incomplete schooling, the educational authority will determine the degree of study through the procedures set out for the students in the educational system and will ensure the continuity of such studies from the last grade achieved at the moment of deprivation of liberty.
Article 138: actions for implementation. The Ministry of education agreed and will coordinate all the actions, strategies and mechanisms necessary for the adequate satisfaction of the obligations of this chapter with national and provincial authorities and of the city of Buenos Aires, with State-run higher education institutes and national universities. He Ministry of Justice and rights human and their equivalent provincial and of it city autonomous of Buenos Aires, the authority prison, and them agencies responsible of them institutions in that is are children and teen private of its freedom, must meet them indications of the authority educational and adopt all them measures necessary for the compliance of it established in the present chapter. Among other actions, they must provide areas suitable for education, both for inmates and for the educational personnel and prison, adopt regulatory and budgetary forecasts relevant, remove any obstacles which limit the rights of persons with disabilities, ensure the permanence of inmates in those facilities where courses on a regular basis, keep a proper record of loans and educational attainment require store any useful history at the best formation of the internal, ensure ongoing training of prison staff in relevant areas, encourage the signing of cooperation agreements with public and private institutions, ensure access to information and the educational environments of families and organizations and institutions related to the subject, and promote visits and activities that increase the contact with the outside world , including the internal contact with students, teachers and professors from other areas, the provision of the right to teach those inmates with aptitude for it, and the adoption of any further useful measure to full and equal satisfaction of the right to education. All settlement work, in addition, a library for inmates, and must stimulate its use as set forth in the law on national education.
https://www.boletinoficial.gob.ar/pdf/linkQR/S0JzR2pQdktlYkl5VC9wRXlpb01lUT09 article 139: documentation and certificates. For the purposes of ensuring the provision and continuity of studies will be documented in the personal file of the internal or processed credits and corresponding educational achievements in total or partially that, in addition, shall be recorded in the documentation of the corresponding educational institution. In case of transfer of the inmate or processed, the educational authority shall be informed by the appropriate judicial authority to proceed to process automatically the pass and equivalences according to the educational institution and the curriculum appropriate to the new prison destination or the educational chosen to regain the freedom. Certificates of studies and degrees issued by the competent educational authority during the stay of the inmate in a penitentiary establishment, shall not contain any indication that warn that circumstance.
Article 140: Educational stimulation. Deadlines required to progress through the different phases and periods of escalation of the penitentiary system will be reduced in accordance with the guidelines established in this article, with respect to inmates who complete and pass successfully wholly or partly their primary, secondary, tertiary, University, studies of postgraduate course or courses of vocational training or equivalent, in line with 26.206 law provisions in its chapter XII (: a) one (1) month for annual school; (b) two (2) months for annual or equivalent vocational training course; (c) two (2) months for primary studies; (d) three (3) months for secondary education; (e) three (3) months for studies at the tertiary level; (f) four (4) months for university studies; (g) two (2) months for postgraduate courses. These terms shall be cumulative to a maximum of twenty (20) months.
Article 141: Control of the educational management of persons deprived of their liberty. The Ministry of education and the Ministry of Justice and human rights and their equivalent provincial must establish, in the framework of the Federal Education Council, a public, reliable, accessible and up-to-date, information system on demand and educational opportunities, spaces and study programmes existing in each establishment and maintain proper records of its variations. Broad access to such information must ensure to the prison national procurement, non-governmental organizations interested in the subject, and lawyers, officials, academics, family of persons deprived of their liberty, and to any other person with a legitimate interest.
Article 142: Judicial Control. The obstacles and failures in the access to the right to education may be remediated by the competent judges via habeas corpus corrective, even in a collective way. Exceptionally, them judges may make it education through a third to has of the State, or, trying to is of the schooling mandatory, of the continuation of them studies in the half free.
Article 2º - transitional provisions. The regime of article 140 shall apply to all persons deprived of their liberty, which has achieved the targets prior to its enactment. The national executive branch shall ensure the creation of spaces and programs of study for all the establishments where still does not exist, within a maximum period of two (2) years.
https://www.boletinoficial.gob.ar/pdf/linkQR/S0JzR2pQdktlYkl5VC9wRXlpb01lUT09 article 3º - communicate to the national executive power. GIVEN IN THE CHAMBER OF THE CONGRESO ARGENTINO, BUENOS AIRES, TWENTY-SEVEN DAYS OF THE MONTH OF JULY IN THE YEAR TWO THOUSAND ELEVEN. -REGISTERED UNDER THE NUMBER 26.695-JULY C. C. COBOS. -EDUARDO A. FELLNER. -Enrique Hidalgo. -Luis g. Borsani.
Date of publication: 29/08/2011 https://www.boletinoficial.gob.ar/pdf/linkQR/S0JzR2pQdktlYkl5VC9wRXlpb01lUT09
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