ACT 82 OF 1993
Official Journal No. 41.101 of 3 November 1993.
For which rules are issued to support in a special way the woman head of the family
THE CONGRESS OF COLOMBIA,
ARTICLE 1o. Family is a fundamental core and basic institution of society, it is constituted by natural or legal links, by the free decision of a man and a woman of marriage or by the will responsible for making it conform.
ARTICLE 2o. FEMALE HEAD OF HOUSEHOLD. 1 of Law 1232 of 2008. The new text is as follows: > For the purposes of this law, the Women's Head of Home, is a social category of the households, derived from the socio-demographic, economic, cultural and gender-relations changes that have taken place. produced in the family structure, in the subjectivities, representations and identities of women who redefine their position and condition in the processes of reproduction and social production, which is the subject of public policies in which they participate state, private and civil society institutions.
In accordance with the above, it is Woman Head of Family, who is single or married, exercises the female head of household and is under her care, affective, economically or socially, permanently, children of her own or other persons unable or incapacitated to work, either by permanent absence or physical, sensory, psychological or moral incapacity of the spouse or permanent partner or substantial deficiency of assistance from other members of the family core.
PARAGRAFO. The status of Women Head of Family and the cessation of the same, from the moment the respective event occurs, must be declared before a notary by each of them, expressing the basic circumstances of the respective case and without this concept causing any notarial emoluments to his office.
ARTICLE 3o. SPECIAL PROTECTION. 2 of Law 1232 of 2008. The new text is as follows: > The National Government will establish effective mechanisms to give special protection to the woman head of the family, promoting the strengthening of her economic, social and cultural rights, seeking to establish decent living conditions, promoting equity and social participation for the purpose of expanding coverage of health and sexual and reproductive health care; access to welfare services, housing, access to basic education, average and higher by increasing their coverage, quality and relevance; access to science and technology, special credit lines and decent and stable jobs.
ARTICLE 4. The State will define by regulation the entry of the woman head of the family and the family in charge of the social security system, seeking the integral protection, whose services are they will be provided effectively, either with prepaid systems, on credit and by exception for free.
ARTICULO 5o. EDUCATIONAL SUPPORT. 3 of Law 1232 of 2008. The new text is as follows: > Educational establishments will have school texts to lend to minors who require them and in a special way to the dependents of women heads of the family, without diminishing the right to equality. has the other children, allowing the exchange service between libraries in order to ensure compliance with this obligation. Dissemination and territorial support for these educational programmes and proposals will be a priority of the Ministry of Education.
To support the libraries of the establishments that do so, and more to those that supply or donate the texts to the beneficiaries of this article, the National Government will be able to create a Special Fund, in the form established in the Article 4or this law.
PARAGRAFO. The Ministry of Education will develop efforts to promote the subscription of agreements that facilitate the donation of educational material for the children of women heads of families. To this effect, he will coordinate actions with the National Planning Department for the strengthening of the project management program.
ARTICLE 6o. In no case may access to education or health services be denied to children or other persons dependent on women's head of household on an exclusive basis in this circumstance.
ARTICULO 7o. PREFERENTIAL TREATMENT FOR ACCESS TO EDUCATION SERVICE AND INTERNATIONAL COOPERATION MANAGEMENT. 5 of Law 1232 of 2008. The new text is as follows: > Public establishments of basic, medium and higher education will give preference to applications for the entry of children or dependents of women heads of household, provided that they meet the requirements and that the results of their examinations for admission and other evidence, be at least equal to those of the other applicants.
The Ministry of National Education will promote the formulation and presentation of projects that can be the object of international cooperation, aimed at creating, developing and implementing educational processes aimed especially at strengthening the initial and preschool education of children or children under the age of family head.
ARTICULO 8o. PROMOTION FOR BUSINESS DEVELOPMENT. 6 of Law 1232 of 2008. The new text is as follows: > The National Government will offer free training plans and programs and development of industrial, commercial and craft enterprises; family businesses, solidarity economy companies and projects entrepreneurs, with whom the woman head of the family can perform an economically profitable activity.
For this purpose, the National Directorate of Planning (DNP), the National Learning Service, SENA, the National Administrative Department of the Solidarity Economy, Dansocial, or who does its own times, and the Secretariats of Planning (a) departmental, district and municipal authorities, and other bodies of similar nature existing or which are to be set up to design and implement plans and programmes aimed especially at the head of the family, in order to achieve the qualification of their Basic performance and skills. Such entities shall:
(a) Generate gender-based statistics through the competent bodies, which allow the building and formulation of public plans, programmes, projects and policies appropriate to the needs of women heads of the family;
b) Generate free training programs, flexible in their duration and adapted to the availability of women's head time;
c) Create entrepreneurial and productive regional networks that link women heads of the family in sustainable and profitable economic activities. The National Government shall determine which entities shall exercise the inspection, surveillance and control in the performance and execution of the public plans, programs and policies addressed to the woman head of the family.
PARAGRAFO 1o. The Ministry of Social Protection will set the parameters that allow the evaluation of these government actions, through management indicators and results.
PARAGRAFO 2o. The Banking of Opportunities will fund the projects that advance the mothers head of the family in the framework of the promotion for the business development referred to the present Article.
ARTICLE 9o. Within the cultural field of development, the National Government will establish and the Departments, the Municipalities and the Capital District of Santafe of Bogota will be able to establish in favor of the woman head of family or those of whom are dependent:
a. Preferential access to educational aid.
b. Basic service of texts and educational support to the organizations of solidarity economy integrated mostly by women head of the family.
ARTICULO 10. INCENTIVES. 7 of Law 1232 of 2008. The new text is as follows: > The National Government will establish special incentives for the private sector that believes, promotes or develops special health, education, housing, social security, credit and employment programs for women family head.
ARTICLE 11. The National Government, by means of a regulation, will introduce a weighting factor, which will benefit the proposals of the woman head of the family or of the legal persons in which she participates. in the process of acquiring and selling state goods and contracting services also with the State. This factor will allow the selection of the offer of the woman head of the family or of the corresponding legal person, provided that it is at least equal to that of the other proposers.
ARTICULO 12. SUPPORT FOR WOMEN ' S SOCIAL ORGANIZATIONS FOR ACCESS TO HOUSING. 1 of Law 1232 of 2008. The new text is as follows: > The Ministry of Environment, Housing and Territorial Development will promote the formation of social and community organizations of women that facilitate access to housing of social interest, guiding them in the qualification processes for the allocation of subsidies in money or species and will offer counseling for the acquisition of housing through the various credit programs, grant of subsidy, improvement and basic sanitation, construction in own site and self-construction.
This policy will also be applied through the territorial entities and institutions that carry out work for the processing of family housing subsidies of social interest, which in some way receive resources for housing General Budget of the Nation or the National Housing Fund. For this purpose, the registration of women head of the family in order to offer them training regarding the programs for them, on equal terms with all those registered as applicants for housing allowance of social interest from the previously annotated resource source.
The territorial entities whose housing plans receive resources from the national budget, will facilitate the full of the requirements for the administrative hiring of the provision of services or the execution of works, to associations or " People's organizations of housing or those that are formed within the sector of the economy of solidarity, which are mostly integrated by women head of the family. It is a condition for this treatment that the profits or surpluses that are obtained are destined to the acquisition or improvement of the housing of the associated women, who are head of the family.
ARTICULO 13. INSPECTION, SURVEILLANCE, AND CONTROL. 9 of Law 1232 of 2008. The new text is as follows: > The inspection, surveillance and control of the policies and programs of the entities and institutions referred to in the previous article will be the responsibility of the National Housing Fund or who does its own times. The National Government will regulate the matter.
ARTICULO 14. INFORMATION AND TRAINING TO ENSURE ACCESS TO FAMILY HOUSING ALLOWANCE. 10 of Law 1232 of 2008. The new text is as follows: > The National Government will facilitate the information and training mechanisms of the Women's Head of Family who do not have the possibility to associate or organize themselves, to guarantee their access as a candidate to the Subsidy Family of Housing of Social Interest, in its various modalities.
ARTICLE 15. FLEXIBILITY AND CREDIT SUPPORT. 11 of Law 1232 of 2008. The new text is as follows: > The National Government will design instruments and strategies that facilitate and allow access to the mothers ' heads of families, financial services, providing them with ongoing support and training. reduce the feminization of poverty.
ARTICLE 16. The departments, municipalities and the Capital District of Santafe of Bogota, will be able to promote and finance the creation and operation of non-profit entities, which coordinate local strategies or regional to support women head of the family.
ARTICULO 17. DEVELOPMENT OF THE PRINCIPLE OF EQUALITY. 12 of Law 1232 of 2008. The new text is as follows: > In application of the principle of equal opportunities for women heads of households, national and territorial public entities to which they correspond by applying existing rules to the effect, to provide social development programmes, to set out in the formulation and implementation of these programmes, a percentage in the budgets for projects for women heads of the family who consider technical training in accordance with the supply and demand, support for productive chains and organizational processes, as a component solidarity in the implementation of social development projects that will enable them to generate resources and decent and stable employment. The National Government will regulate the matter.
ARTICLE 18. The benefits set forth in this law for women head of household and those who are dependent on them, do not exclude obligations of various kinds that are in their favor to be fulfilled by natural persons or (a) the legal basis, or exemption from actions to require them.
ARTICLE 19. Within the social field of development, the right to legally and legally require a percentage of the salary, income or patrimony of the person economically and civilly is established. responsible for the woman head of the family or someone in charge, is intended to address their basic needs.
PARAGRAFO. Facultete to the National Government so that within the term of a year counted from the publication of this law the necessary provisions for the effectiveness of this article will dictate.
ARTICLE 20. GUARANTEES FOR SUSTAINABLE DEVELOPMENT. 13 of Law 1232 of 2008. The new text is as follows: > To ensure the sustainable development of social projects that are promoted by this law in favor of Women Head of Family, the following actions are available:
a) The National Administrative Department of the Solidarity Economy, Dansocial, or who does its times, will lead, coordinate, promote, plan, protect, strengthen and develop business-focused projects aimed at women's heads. family, through the execution of resources from the national budget, private individuals or originated abroad, to promote the constitution of organizations of solidarity economy without this guarantee of worker cooperatives associated with the outsourcing of industrial relations;
b) The National Government will ensure access to credit programs and timely and permanent technical assistance for micro, family and similar enterprises that have been organized by women heads of households, in relation to the supply of raw materials, training in the areas of production, marketing and distribution of products and sales of services.
ARTICLE 21. What is established in this law does not prevent women heads of families from benefiting in the same way and in the same cases that determine the legal norms in favor of women in general.
ARTICLE 22. TRAINING FOR OFFICIALS. 14 of Law 1232 of 2008. The new text is as follows: > It is the duty of the State to train public officials and community leaders in the defense of human rights, especially the economic, social and cultural rights of women heads of family.
PARAGRAFO. Officials who fail to comply with or enter into compliance with this law will be incourses in the cause of misconduct, which will be sanctioned in accordance with the special rules on the matter.
ARTICLE 23. This law governs from its publication.
The President of the Honorable Senate of the Republic,
JORGE RAMON ELIAS NADER.
The Secretary General of the Honorable Senate of the Republic,
PEDRO PUMAREJO VEGA.
The President of the Honorable House of Representatives,
JOSE JATTIN SAFAR.
The Secretary General of the Honorable House of Representatives,
DIEGO VIVAS TAFUR.
Republic of Colombia-national government
Publish and execute.
Dada en Santafe de Bogota, D.C., a los très (3) dias
of the month of November of a thousand nine hundred and ninety-three (1993).
CESAR GAVIRIA TRUJILLO
The Minister of Health,
JUAN LUIS LONDOÑO DE LA CUESTA.
The Minister of Economic Development,
LUIS ALBERTO MORENO MEJIA.
The Minister of Finance and Public Credit,
RUDOLF HOMMES RODRIGUEZ.
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Last Updated: September 23, 2016
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