law no 369
2013 MAY 1 LAW LAW
EVO MORALES AYMA
CONSTITUTIONAL PRESIDENT OF THE PLURINATIONAL STATE OF BOLIVIA
For the Plurinational Legislative Assembly, it has sanctioned The following Law:
THE PLURINATIONAL LEGISLATIVE ASSEMBLY,
D E C R E T A:
GENERAL LAW OF PERSONNEL
Article 1. (OBJECT). This Law is intended to regulate the rights, guarantees and duties of persons
older adults, as well as the institutionality for their protection.
Article 2. (RIGHTHOLDERS).
60 (60) or more years of agein the Bolivian territory.
Article 3. (PRINCIPLES). This Law is governed by the following principles:
Non-Discrimination. Seek to prevent and eradicate any form of distinction, exclusion, restriction or preference that has the object or result of undermining or to cancel the recognition, enjoyment or exercise of the fundamental rights and freedoms of older adults.
Nonviolence. It seeks to prevent and eradicate any conduct that causes internal or external injury, or any other type of abuse that affects the physical, psychological, sexual and moral integrity of older adults.
Decolonization. Seeks to disassemble structures of inequality, discrimination, domination systems, social and class hierarchies.
Intergenerational Solidarity. Seeks interdependence, collaboration and intergenerational mutual assistance generating behaviour and cultural practices favorable to old age and aging.
Protection. Seek to prevent and eradicate socioeconomic and geographic marginality, intercultural intolerance, and institutional and family violence, to ensure the development and incorporation of older adults into society with dignity and integrity.
Interculturality. It is respect for the expression, dialogue and coexistence of cultural diversity, institutional, normative and linguistic of older adults, for Living Well, promoting the intra-and intergenerational relationship in the Plurinational State.
Participation. It is the relationship by which older adults exert an effective and legitimate participation through their forms of representation and organization, to ensure their integration in the social, economic, political and cultural spheres.
Accessibility. By which services the society enjoys can also be accommodated to be accessed by older adults.
Autonomy and Self-realization. All actions to be carried out for the benefit of older adults are aimed at strengthening their independence, their decision-making capacity and their personal and community development.
Article 4. (CHARACTER OF THE RIGHTS). The rights of older adults are inviolable,
interdependent, non-transferable, indivisible and progressive.
Article 5. (RIGHT TO A DIGNIFIED OLD AGE). The right to a dignified old age is guaranteed through:
The Universal Income of Old Age in the framework of the Non-contributory Regime of the Comprehensive Pension System-SIP.
A comprehensive development, without discrimination and without violence.
The promotion of personal freedom in all its forms.
Access to housing of social interest.
The provision of sufficient food to guarantee health conditions, prioritizing older adults in a situation of vulnerability.
The practice of recreational activities and social occupation, providing for this the infrastructure, equipment and the resources necessary for its sustainability.
The development of accessibility conditions that allow them to use the infrastructure and services of public institutions, private institutions, public spaces, media and communication, technology and transportation systems.
incorporating productive economic development, according to your capabilities and capabilities.
Recognition of authority, knowledge, knowledge, experiences, and expertise, acquired in your process
The implementation of special programs information on the rights of older adults.
Promotion of technical, alternative and higher education.
Article 6. (BENEMERITOS DE LA PATRIA). In addition to what is established in the Constitution of the State,
public institutions, private institutions and the general population, should promote recognition, give gratitude and respect to the Fatherland and family members.
Article 7. (PREFERENTIAL TREATMENT IN ACCESS TO SERVICES).
I. Public and private institutions will give preferential treatment to older adults according to the
Efficient use of care times.
Response capacity institutional.
Training and awareness of staff.
Personalized and specialized care.
Deal with quality and warmth.
Eradication of all forms of abuse.
Use of mother language.
II. Any administrative procedure will be resolved in a timely manner, promoting a flexible character in your solution, of
agreement to Law.
Article 8. (INTEGRAL SOCIAL SECURITY). The comprehensive social security system will guarantee the
The timely access to the benefits of the Comprehensive Pension System, under Law.
Access to health with quality and warmth.
Information about treatment, medical intervention, or hospitalization, in order to promote and respect your consent.
Article 9. (EDUCATION).
The Multi-National Educational System will ensure:
Include in the Plurinational Educational System plans and programs, thematic content of strengthening, valuing and respecting older adults.
access to the education of the adult person by means of the training processes of the Subsystems of Alternative and Special Education, and Higher Education of Vocational Training.
Implementation of educational policies to enable the entry of the older adult into programs that strengthen their
II. The Plurinational Educational System plans and programs must include among its activities and others:
Cultural and artistic activities.
Health care for healthy aging.
Practice of reading.
Information about the benefits that the State offers.
Relationships within the family.
Article 10. (LEGAL ASSISTANCE). The Ministry of Justice will provide preferential legal assistance to older adults, guaranteeing the following benefits:
Information and legal guidance.
Representation and judicial sponsorship.
Mediation for conflict resolution.
Promoting the constitutional rights and guarantees established in favor of the older adult.
Article 11. (PARTICIPATION AND SOCIAL CONTROL). the participation and social control of the
Older Adult Persons be guaranteed within the framework of Law No 341 of 5 February 2013? Participation and Social Control Act?, and other current legal regulations.
FAMILIES ' DUTIES, OF THE COMPANY
AND OF OLDER ADULTS
Article 12. (DUTIES OF FAMILIES AND SOCIETY). Older adults, families and
society have the following duties:
Every person, family, authority, leader of communities, institutions or organization who are aware of any act of abuse or violence, has the obligation to report it to the authority of its jurisdiction, or in its case to the
Families should promote affective environments that contribute to eradicating violence, promoting intergenerational integration, and strengthening solidarity and social support networks.
Society must promote the incorporation of work by taking into account capabilities and possibilities for older adults.
Article 13. (SENIOR CITIZENS ' DUTIES). In addition to the general duties
established in the State Political Constitution, and laws, older adults have the following duties:
solidarity, dialogue, intergenerational gender and intercultural respect in families and in society.
Forming in the Plurinational Educational System and training in a conscious, responsible and progressive way in its work capabilities and capabilities.
Actively participate in policies and plans implemented by the State in favor of older adults, according to their capabilities and possibilities.
Take care of your self-care and the prevention actions that correspond.
Content facilitators aimed at dismantling the structures of domination and consolidating the process of decolonization, based on the dialogue of knowledge and exchange of experiences.
Do not use your condition to violate other people's rights.
Speak, disseminate, and intergenerationally transmit your mother language.
Article 14. (SECTORAL COORDINATION COUNCIL). The Council of Sectoral Coordination is the
consultative body, of proposition and concertation between the central level of the State and the Autonomous Territorial Entities. It will be chaired by the Ministry of Justice, who will be responsible for its convening and effective sectoral coordination.
Article 15. (RESPONSIBILITIES OF THE SECTORAL COORDINATION COUNCIL). The Council of
Sectoral Coordination will have the following responsibilities:
It will be able to develop and implement in a coordinated manner, among all levels of government, plans, programs and projects for the benefit of adults
Will promote the development and strengthening of the institutionality necessary for the defense of the rights of older adults.
Will promote the conduct of multidisciplinary research in all areas enabling the knowledge of the living conditions of the This age group.
Will promote the opening and operation of foster, transient and permanent centers for older adults in a situation of vulnerability.
Will establish mechanisms for protecting older adults ' rights.
Others to be determined by the Sectoral Coordinating Council.
Article 16. (INTER-GOVERNMENTAL AGREEMENTS OR AGREEMENTS). The different levels of government
may subscribe to intergovernmental agreements or agreements, for the joint implementation of programs and projects in favor of older adults, in the framework of the current legal rule.
Article 17. (INFORMATION).
I. The central level of the State and the Autonomous Territorial Entities, must at least once a year, publish the
information regarding the situation of older adults.
II. The central level The State and the Autonomous Territorial Entities, may ask each other for information about the
situation of the elderly people they consider necessary.
Article 18. (AMENDMENTS TO THE PENAL CODE). 270, 271, 273 and 274 of the
Criminal Code are amended, with the inclusion of the elderly person in case of aggravation, with the aforementioned Articles being written as follows:
? Article 270. (SERIOUS INJURIES). Five (5) to twelve (12 years of imprisonment will be punished with deprivation of liberty
(12) years, to whom in any event it causes another person, an injury from which one of the following consequences results:
Mental, intellectual, physical, sensory, or multiple disability or disability.
or permanent psychiatric damage.
Permanent debilitation of health or total or partial loss of a sense, of a member, of an organ or function.
Permanent inability for work or exceeding ninety (90) days.
Indelible mark or permanent deformation anywhere in the body.
Imminent danger of losing your life.
When the victim is a child, child, teenager, or adult person will be aggravated by two
thirds at both the minimum and the maximum.?
? Article 271. (SEVERE AND MINOR INJURIES).
(6) years, to whom any physical or psychological harm, not understood in the cases of the previous Article, of the previous Article, is punishable by imprisonment of three (3) to sixwhich will result in an inability to work from fifteen (15) to ninety (90) days.
If the incapacity is up to fourteen (14) days, the author will be imposed for community work by
one (1) to three (3) years and compliance with instructions that the judge or judge determines.
When the victim is a child, child, teenager, or adult female, the penalty will be aggravated by two
thirds at both the minimum and the maximum.?
Article 273. (INJURY FOLLOWED BY DEATH). The one that in order to cause damage to the body or to the health will lead to the death of some person, without this having been loved by the author, but which may have been foreseen, will be sanctioned with deprivation. Three (3) to eight (8) years.
If the cases provided for in the first paragraph of Article 254 are dealt with, the penalty shall be reduced by one third.
The custodial penalty shall be aggravated by two-thirds, if the crime victim will be a child,
child, teenager, or adult person major. ?
? Article 274. CULPOUS INJURIES). The one who will blame another one of the injuries
provided for in this chapter, will be fined up to two hundred forty (240) days or work benefit up to one (1) year.
Yes the victim of the crime will be child, child, teenager or older adult will apply a penalty
deprivation of liberty from two (2) to four (4) years. ?
Article 19. (OPENING OF THE CRIMINAL CODE). Article 346 Ter is incorporated into the Penal Code,
being worded as follows:
? Article 346 Ter. (AGGRAVATION IN CASE OF OLDER ADULT VICTIMS). The offences typified in the
Articles 336, 351 and 353 of this Code when performed to the detriment of older adults, shall be subject to imprisonment of three (3) to ten (10) years and with a fine of one hundred (100) to five hundred (500) days.?
FIRST. The Executive Body within a period of not more than one hundred and twenty (120) days from the enactment of the
this Law, will approve the Supreme Regulatory Decree.
SECOND. Public institutions that provide services to older adults, from the
publication of this Law, will develop in a period of no greater than ninety (90) days, the specific and regulatory regulations on the treatment preference.
THIRD. The validity of Law No. 1886 of August 14, 1998, or other standard
that has established benefits for older adults, as well as the autonomous departmental governments and autonomous governments, is temporarily available. municipal, in the scope of your competence, legislate.
FIRST. The Ministries of Communication and Justice should disseminate this Law.
SECOND. It is declared on August 26 as the Day of Dignity of Older Adults, throughout the
territory of the Plurinational State of Bolivia.
THIRD. The Ministry of Justice is responsible for ensuring compliance with this Law.
FOURTH. In no case will it be possible to ignore or decrease the benefits already acquired in legal standard
in favor of older adults.
ONLY. The provisions contrary to this Law are abrogated.
Remitase to the Executive Body for constitutional purposes.
It is given in the Session Room of the Plurinational Legislative Assembly, at the twenty-sixth day of the month of The
year two thousand thirteen.
Fdo. Nelida Sifuentes Cueto, Lucio Marca Mamani, Andres Agustín Villca Daza, Marcelina Chavez Salazar,
Marcelo Elio Chavez, Angel David Cortez Villegas.
Therefore, it is enacted to have and comply with the Law of the Plurinational State of Bolivia.
Palace of Government of the city of La Paz, on the first day of May of the year two thousand thirteen.
FDO. EVO MORALES AYMA, Juan Ramon Quintana Taborga, Luis Alberto Arce Catacora, Cecilia Luisa
Ayllon Quinteros, Juan Carlos Calvimontes Camargo, Roberto Ivan Aguilar Gomez, Claudia Stacy Peña Claros, Amanda Davila Torres.