Key Benefits:
1098 OF 2006
(November 8)
Official Journal No. 46.446 of 8 November 2006
216 >
CONGRESS OF THE REPUBLIC
For which the Code of Childhood and Adolescence is issued.
COLOMBIA CONGRESS
DECRETA:
BOOK I.
THE INTEGRAL PROTECTION.
GENERAL PROVISIONS.
PRINCIPLES AND DEFINITIONS.
ARTICLE 1o. PURPOSE. This code is intended to guarantee children, girls and adolescents their full and harmonious development to grow within the family and the community, in an environment of happiness, love and understanding. Recognition of equality and human dignity shall prevail without discrimination.
ARTICLE 2o. OBJECT. This code aims to establish substantive and procedural rules for the integral protection of children, girls and adolescents, to ensure the exercise of their rights and freedoms enshrined in the instruments International Human Rights, in the Political Constitution and in the laws, as well as its reestablishment. Such guarantee and protection shall be the obligation of the family, society and the State.
ARTICLE 3o. RIGHTS HOLDERS. For all the purposes of this law, all persons under the age of 18 are subject to the right. Without prejudice to the provisions of Article 34 of the Civil Code, a child or child is understood to be between 0 and 12 years of age, and per adolescent persons between 12 and 18 years of age.
PARAGRAFO 1o. In case of doubt about the majority or the age minority, this is assumed. In case of doubt about the age of the child, child or adolescent will be presumed the lower age. The judicial and administrative authorities shall order the practice of the evidence for the determination of the age, and once established, confirm or revoke the measures and order the corrective measures necessary for the law.
PARAGRAFO 2o. In the case of indigenous peoples, the capacity for exercise of rights will be governed by their own normative systems, which must be in full harmony with the Political Constitution.
ARTICLE 4. APPLICATION SCOPE. This code applies to all children, national or foreign children who are in the national territory, to nationals who are outside the country and to those with double standards. nationality, when one of them is Colombian.
ARTICLE 5o. NATURE OF THE RULES CONTAINED IN THIS CODE. The rules on children, girls and adolescents, contained in this code, are of a public order, of an inalienable character and the principles and rules in them shall apply from preference to the provisions contained in other laws.
ARTICLE 6o. RULES OF INTERPRETATION AND APPLICATION. The rules contained in the Political Constitution and in the international treaties or conventions of Human Rights ratified by Colombia, in particular the Convention on the Rights of the Child, will do integral to this Code, and will serve as a guide for its interpretation and application. In any case, the most favourable standard will always apply to the best interests of the child, child or adolescent.
The enunciation of the rights and guarantees contained in those rules should not be understood as negation of others that, being inherent in the child, child or adolescent, do not expressly appear in them.
ARTICLE 7o. INTEGRAL PROTECTION. It is understood by the integral protection of children and adolescents the recognition as subjects of rights, the guarantee and compliance of them, the prevention of their threat or violation and the security of their immediate restoration in development of the principle of higher interest.
Comprehensive protection is embodied in the set of policies, plans, programs and actions that are implemented in the national, departmental, district and municipal areas with the corresponding allocation of financial, physical, and human.
ARTICLE 8o. SUPERIOR INTEREST OF CHILDREN, GIRLS AND ADOLESCENTS. It is understood by the best interests of the child, child and adolescent, the imperative that forces all people to guarantee the integral and simultaneous satisfaction of all their rights Humans, who are universal, prevalent and interdependent.
ARTICLE 9o. PREVALENCE OF RIGHTS. In any event, decision or administrative, judicial or any nature to be taken in relation to children, girls and adolescents, the rights of such children shall prevail, in particular if it exists conflict between their fundamental rights with those of any other person.
In the event of a conflict between two or more legal, administrative or disciplinary provisions, the most favourable rule for the best interests of the child, child or adolescent shall apply.
ARTICLE 10. CO-RESPONSIBILITY. For the purposes of this code, it is understood by co-responsibility, the concurrence of actors and actions conducive to ensuring the exercise of the rights of children, girls and adolescents. Family, society and the state are co-responsible in their care, care and protection.
Co-responsibility and concurrence apply in the relationship that is established between all sectors and institutions of the State.
Notwithstanding the above, public or private institutions obliged to provide social services, they will not be able to invoke the principle of co-responsibility to deny the attention that demands the satisfaction of fundamental rights of children, girls and adolescents.
ARTICLE 11. a) the Court of Justice of the European Court of Justice of the European Court of Justice of the European Union, of the Court of Justice of the European Union, of the Court of Justice of the European Union, of the Court of Justice of the European Union compliance and the restoration of the rights of children, girls and adolescents.
The State in charge of each and every one of its agents has the inexcusable responsibility to act in a timely manner to ensure the realization, protection and restoration of the rights of children, girls and adolescents.
PARAGRAFO. The Colombian Family Welfare Institute, as the coordinator of the National Family Welfare System, will maintain all the functions it has today (Law 75/68 and Law 75/79) and will define the guidelines (i) technical assistance to ensure the rights of children, girls and adolescents, and to ensure their re-establishment. It shall also contribute to the national, departmental, district and municipal authorities in the implementation of their public policies, without prejudice to the constitutional and legal functions and functions of each of them.
ARTICLE 12. GENDER PERSPECTIVE. It is understood by gender perspective the recognition of social, biological and psychological differences in the relationships between people according to sex, age, ethnicity and the role they play in the family and in the social group. This perspective should be taken into account in the application of this code, in all areas where children, girls and adolescents are involved, to achieve equity.
ARTICLE 13. RIGHTS OF CHILDREN, GIRLS AND ADOLESCENTS OF INDIGENOUS PEOPLES AND OTHER ETHNIC GROUPS. Children, girls and adolescents of indigenous peoples and other ethnic groups shall enjoy the rights enshrined in the Constitution. Policy, international human rights instruments and this Code, without prejudice to the principles governing their cultures and social organization.
ARTICLE 14. PARENTAL RESPONSIBILITY. Parental responsibility is an adjunct to the parental authority established in civil legislation. Furthermore, the obligation inherent in the orientation, care, accompaniment and upbringing of children, girls and adolescents during their training process. This includes the shared and supportive responsibility of the father and mother to ensure that children, girls and adolescents can achieve the highest level of satisfaction of their rights.
In no case may the exercise of parental responsibility lead to physical, psychological or other violence that prevents the exercise of their rights.
ARTICLE 15. EXERCISE OF RIGHTS AND RESPONSIBILITIES. It is the obligation of the family, of society and of the State, to train children, girls and adolescents in the exercise responsible for the rights. The authorities will contribute this purpose through timely and effective decisions and with a clear pedagogical sense.
The child, girl, or adolescent will have or must meet the civic and social obligations that correspond to an individual in their development.
In judicial or administrative decisions, the opinions of specialists shall be taken into account in the exercise of rights or the infringement of duties.
ARTICLE 16. DUTY TO SUPERVISE THE STATE. All natural or legal persons, with legal status issued by the Colombian Institute of Family Welfare or without it, which still, with the authorization of the parents or legal representatives, host or take care of children, girls or adolescents are subject to state surveillance.
According to the rules governing the provision of the public family welfare service, the Colombian Institute of Family Welfare is responsible, as the governing body, coordinator and articulator of the National Family Welfare System, recognizing, to grant, suspend and cancel legal persons and operating licences to the institutions of the System providing protection services to minors or the family and to those who develop the adoption programme.
RIGHTS AND FREEDOMS.
ARTICLE 17. THE RIGHT TO LIFE AND QUALITY OF LIFE AND TO A HEALTHY ENVIRONMENT. Children, girls and adolescents have the right to life, a good quality of life and a healthy environment in conditions of dignity and enjoyment of all their rights in form
The quality of life is essential for its integral development according to the dignity of human beings. This right implies the creation of conditions that assure them from the conception of care, protection, nutritious and balanced nutrition, access to health services, education, adequate clothing, recreation and safe housing essential public services in a healthy environment.
PARAGRAFO. The State will develop public policies geared toward strengthening early childhood.
ARTICLE 18. RIGHT TO PERSONAL INTEGRITY. Children, girls and adolescents have the right to be protected against all actions or behaviors that cause death, damage or physical, sexual or psychological suffering. In particular, they are entitled to protection against abuse and abuse of any kind by parents, their legal representatives, the persons responsible for their care and the members of their family, school and family members. community.
For the purposes of this Code, child abuse means any form of prejudice, punishment, humiliation or physical or psychological abuse, neglect, omission or negligent treatment, ill-treatment or sexual exploitation, including sexual acts. abuse and rape and in general all forms of violence or aggression on the child, girl or teenager by their parents, legal representatives or any other person.
ARTICLE 19. RIGHT TO REHABILITATION AND RESOCALIZATION. Children, girls, and adolescents who have committed an offence to the law have the right to rehabilitation and resocialization, through plans and programs guaranteed by the State and implemented by the institutions and organizations that it determines in the development of the corresponding public policies.
ARTICLE 20. PROTECTION RIGHT. Children, girls and adolescents will be protected against:
1. The physical, emotional and psycho-affective abandonment of their parents, legal representatives, or individuals, institutions, and authorities who are responsible for their care and attention.
2. The economic exploitation by their parents, legal representatives, who live with them, or anyone else. They shall be particularly protected against use in begging.
3. The consumption of tobacco, psychoactive substances, narcotic drugs or alcohol and the use, recruitment or supply of minors in activities of promotion, production, collection, trafficking, distribution and marketing.
4. Rape, induction, encouragement and constriction to prostitution; sexual exploitation, pornography, and any other conduct that violates the freedom, integrity and sexual formation of the minor.
5. Kidnapping, selling, human trafficking and trafficking and any other contemporary form of slavery or serfdom.
6. Wars and internal armed conflicts.
7. The recruitment and use of children by armed groups organized outside the law.
8. Torture and all manner of cruel, inhuman, humiliating and degrading treatment and punishment, enforced disappearance and arbitrary detention.
9. The street life situation of boys and girls.
10. Illicit shipments and their retention abroad for any purpose.
11. The forced displacement.
12. Work that by its nature or by the conditions in which it is carried out is likely to be likely to affect health, integrity and safety or impede the right to education.
13. The worst forms of child labour under ILO Convention 182.
14. Contagion of preventable infectious diseases during pregnancy or after birth, or exposure during pregnancy to alcohol or any type of psychoactive substance that may affect your physical, mental development or your expectation of life.
15. The risks and effects produced by natural disasters and other emergencies.
16. When your estate is threatened by those who administer it.
17. Anti-personnel mines.
18. Transmission of HIV/AIDS and sexually transmitted infections.
19. Any other act that threatens or violates your rights.
ARTICLE 21. RIGHT TO FREEDOM AND PERSONAL SECURITY. Children, girls and adolescents may not be detained or deprived of their liberty, except for the causes and in accordance with the procedures previously defined in this Code.
ARTICLE 22. THE RIGHT TO HAVE A FAMILY AND NOT TO BE SEPARATED FROM IT. Children, girls and adolescents have the right to have and grow within the family, to be welcomed and not to be expelled from it.
Children and adolescents may only be separated from the family when the family does not guarantee the conditions for the realization and exercise of their rights as provided for in this code. In no case shall the economic condition of the family give rise to the separation.
ARTICLE 23. CUSTODY AND PERSONAL CARE. Children, girls and adolescents have the right to have their parents permanently and in solidarity directly and directly assume their custody for integral development. The obligation of personal care also extends to those who live with them in the family, social or institutional areas, or their legal representatives.
ARTICLE 24. THE RIGHT TO FOOD. Children, girls and adolescents are entitled to food and other means for their physical, psychological, spiritual, moral, cultural and social development, according to the food's economic capacity. It is understood by food all that is indispensable for the sustenance, room, dress, medical assistance, recreation, education or instruction and, in general, all that is necessary for the integral development of the children, the girls and the adolescents. Food includes an obligation to provide the mother with the costs of pregnancy and childbirth.
ARTICLE 25. RIGHT TO IDENTITY. Children, girls and adolescents have the right to have an identity and to preserve the elements that constitute it as the name, nationality and affiliation in accordance with the law. For these purposes, they must be registered immediately after their birth, in the register of the civil state. They have the right to preserve their language of origin, their culture and idiosyncrasies.
ARTICLE 26. RIGHT TO DUE PROCESS. Children, girls and adolescents have the right to have due process guarantees applied in all administrative and judicial proceedings in which they are involved.
In any administrative, judicial or other nature in which they are involved, children, girls and adolescents will have the right to be heard and their opinions must be taken into account.
ARTICLE 27. RIGHT TO HEALTH. All children and adolescents are entitled to comprehensive health. Health is a state of physical, psychic and physiological well-being, and not only the absence of disease. No Hospital, Clinic, Health Center and other entities dedicated to the provision of the health service, whether public or private, may refrain from attending to a child who requires health care.
In relation to children and adolescents who do not appear as beneficiaries in the contributory scheme or in the subsidized regime, the cost of such services will be borne by the Nation.
Incur a fine of up to 50 minimum monthly legal salaries in force for the authorities or persons who omit the medical care of children and minors.
PARAGRAFO 1o. For the purposes of this law, the guarantee of the provision of all services, goods and actions, conducive to the preservation or recovery of the health of children, shall be understood as integral health. girls and adolescents.
PARAGRAFO 2o. To give effective compliance to the right to comprehensive health and through the principle of progressiveness, the State will create the comprehensive health system for childhood and adolescence, which for the year Fiscal 2008 will include children, girls and adolescents linked, by 2009 will include children and adolescents belonging to the subsidized regime with partial subsidies and by 2010 will include the other children, girls and adolescents belonging to the subsidised scheme. By 2010, it will incorporate the provision of the comprehensive health service to children and adolescents belonging to the contributory health system.
The National Government, through the corresponding agencies, will have to include the resources necessary to comply with the provisions of this article, in the annual draft budget 2008, the financial plan for the medium-term time and the development plan.
ARTICLE 28. RIGHT TO EDUCATION. Children, girls and adolescents are entitled to quality education. This will be compulsory on the part of the State in one year of preschool and nine of basic education. Education will be free in state institutions in accordance with the terms set out in the Political Constitution. It will fine up to 20 minimum wages who refrain from receiving a child in public education establishments.
ARTICLE 29. RIGHT TO INTEGRAL DEVELOPMENT IN EARLY CHILDHOOD. Early childhood is the stage of the life cycle in which the basis for the cognitive, emotional and social development of the human being is established. It comprises the population strip that goes from the zero (0) to the six (6) years of age. Since early childhood, boys and girls are subject to the rights recognized in international treaties, in the Political Constitution and in this Code. They are undelayed early childhood rights, health care and nutrition, the complete vaccination scheme, protection against physical hazards and initial education. In the first month of life, the civil registration of all children must be guaranteed.
ARTICLE 30. RIGHT TO RECREATION, PARTICIPATION IN CULTURAL LIFE AND IN THE ARTS. Children, girls and adolescents have the right to rest, recreation, play and other recreational activities of their life cycle and to participate in life. culture and the arts.
Likewise, they have the right to be recognized, respected, and to foster the knowledge and experience of the culture they belong to.
PARAGRAFO 1o. To harmonize the exercise of this right with the integral development of children, the authorities must design mechanisms to prohibit the entry of establishments destined for games of luck and chance, sale of liqueurs, cigarettes or tobacco products and which offer shows with classification for the elderly.
PARAGRAFO 2o. When children under 14 years of age are allowed to enter mass public events and events, the authorities must order the organizers, the special destination of suitable spaces for ensure their personal security.
ARTICLE 31. RIGHT TO THE PARTICIPATION OF CHILDREN, GIRLS AND ADOLESCENTS. For the exercise of the rights and freedoms enshrined in this code, children and adolescents have the right to participate in the activities that are perform in the family, educational institutions, associations, state, departmental, district and municipal programs that are of interest to them.
The state and society will encourage active participation in public and private bodies that have the protection, care and education of children and adolescents in charge.
ARTICLE 32. RIGHT OF ASSOCIATION AND ASSEMBLY. Children, girls and adolescents have the right to a meeting and association for social, cultural, sporting, recreational, religious, political or any other kind, without any limitation impose the law, the good customs, the physical or mental health and the welfare of the child.
This right includes, in particular, the right to form part of associations, including their management bodies, and to promote and constitute associations made up of children, girls and adolescents.
original of the law is as follows: > In the effectiveness of the acts of the children, the girls and the adolescents will be to the law, but the minor adults will be understood enabled to take all those decisions of the associative activity, provided that they adversely affect their heritage.
The defendants must have the authorization of their parents or legal representatives to participate in these activities. This authorisation shall be extended to all acts of the association. Parents will only be able to revoke this authorization for just cause.
ARTICLE 33. RIGHT TO PRIVACY. Children, girls and adolescents have the right to personal privacy, through the protection against arbitrary or illegal interference in their private life, that of their family, home and correspondence. They shall be protected against any conduct, action or circumstance affecting their dignity.
ARTICLE 34. RIGHT TO INFORMATION. Subject to the restrictions necessary to ensure respect for their rights and that of others and to protect safety, health and morals, children and adolescents have the right to seek, receive and disseminate information and ideas through the various media available to them.
ARTICLE 35. MINIMUM AGE FOR ADMISSION TO WORK AND THE RIGHT TO WORK PROTECTION FOR ADOLESCENTS ENTITLED TO WORK. The minimum age for admission to work is 15 (15) years. To work, adolescents between the ages of 15 and 17 require the respective authorization issued by the Labor Inspector or, failing that, by the Local Territorial Ente and will enjoy the labor protections enshrined in the labor regime. Colombia, the norms that complement it, the international treaties and conventions ratified by Colombia, the Political Constitution and the rights and guarantees enshrined in this code.
Adolescents entitled to work have the right to training and specialization that enable them to freely exercise an occupation, art, trade or profession and to receive it during the exercise of their work activity.
PARAGRAFO. Exceptionally, children under 15 years of age may receive authorization from the Labour Inspectorate, or in their absence from Local Territorial Ente, to carry out paid activities of an artistic nature, cultural, recreational and sports. The authorisation shall establish the maximum number of hours and prescribe the conditions under which this activity must be carried out. In no case will the permit exceed fourteen (14) hours per week.
ARTICLE 36. RIGHTS OF CHILDREN, GIRLS AND ADOLESCENTS WITH DISABILITIES. For the purposes of this law, disability is understood as a physical, cognitive, mental, sensory or any other limitation, temporary or permanent of the person to exercise one or more essential activities of everyday life.
In addition to the rights enshrined in the Political Constitution and in international treaties and conventions, children and adolescents with disabilities have the right to enjoy a full quality of life, and to be provided with the conditions required by the State to be able to fend for themselves, and to be integrated into society. Also:
1. To respect for the difference and to enjoy a dignified life in conditions of equality with other people, that allow them to develop their potential and their active participation in the community.
2. Any child, child or adolescent who has congenital abnormalities or disabilities, will be entitled to receive care, diagnosis, specialized treatment, rehabilitation and special care in health, education, guidance and support. family members or the persons responsible for their care and attention. They shall also be entitled to free education in specialised entities for the purpose.
It will be up to the National Government to determine the health and education institutions that will address these rights. As well as the national entity in charge of the respective payment and the processing of the relevant collection.
3. To enable and rehabilitate, to eliminate or decrease the limitations on the activities of daily life.
4. To be recipients of actions and opportunities to reduce their vulnerability and to allow participation on equal terms with other people.
PARAGRAFO 1o. In the case of adolescents who suffer severe permanent cognitive disability, their parents or one of them, they should promote the interdiction process with the competent authority before they meet the The majority of the age group, so that from this age it will be extended indefinitely its state of subjection to the homeland power by the ministry of law.
PARAGRAFO 2o. Parents who assume the integral care of a disabled child will receive a special social benefit from the State.
PARAGRAFO 3o. Autoricese to the National Government, departments and municipalities to conclude agreements with public and private entities to ensure health care and access to special education children and adolescents with congenital abnormalities or some type of disability.
The State will ensure effective and permanent compliance with comprehensive protection rights in education, health, rehabilitation, and public assistance for adolescents with severe cognitive impairment, after the compliance of eighteen (18) years of age.
ARTICLE 37. FUNDAMENTAL FREEDOMS. Children, girls and adolescents enjoy the freedoms enshrined in the Political Constitution and in international human rights treaties. They are part of these freedoms the free development of personality and personal autonomy; freedom of conscience and belief; freedom of worship; freedom of thought; freedom of locomotion; and freedom to choose profession. or officio.
GUARANTEE OF RIGHTS AND PREVENTION.
CHAPTER I.
OBLIGATIONS OF FAMILY, SOCIETY, AND STATE.
ARTICLE 38. THE OBLIGATIONS OF THE FAMILY, THE SOCIETY AND THE STATE. In addition to the provisions of the Political Constitution and other legal provisions, the obligations of the family, the society and the State at their national, departmental, and national levels will be district and municipal the set of provisions provided for in this code.
ARTICLE 39. FAMILY OBLIGATIONS. The family will have an obligation to promote equal rights, affection, solidarity and mutual respect among all its members. Any form of violence in the family is considered destructive of its harmony and unity and must be sanctioned. Family obligations to guarantee the rights of children, girls and adolescents:
1. Protect against any act that threatens or violates your life, dignity and personal integrity.
2. Participate in the democratic spaces of discussion, design, formulation and implementation of policies, plans, programs and projects of interest to children, adolescence and the family.
3. To train, guide and encourage them in the exercise of their rights and responsibilities and in the development of their autonomy.
4. Register them since they are born in the civil registry of birth.
5. Provide them with the necessary conditions to achieve adequate nutrition and health, enabling them to achieve optimal physical, psychomotor, mental, intellectual, emotional and affective development and educate them on preventive health and hygiene.
6. Promote the exercise responsible for sexual and reproductive rights and collaborate with the school in education on this topic.
7. Include them in the health and social security system from the moment of birth and take them in a timely manner to regular health checks, vaccination and other medical services.
8. To ensure access to education from birth and to provide the conditions and means for their proper development, ensuring their continuity and permanence in the educational cycle.
9. Refrain from performing any act and conduct involving physical, sexual or psychological abuse, and assist with guidance and treatment centers when required.
10. Refrain from exposing children and adolescents to situations of economic exploitation.
11. Decide freely and responsibly the number of sons and daughters you can sustain and form.
12. Respect the cultural manifestations and inclinations of children and adolescents and stimulate their artistic expressions and their scientific and technological skills.
13. Provide them with the necessary conditions for recreation and participation in sports and cultural activities of their interest.
14. Prevent and keep them informed about the harmful effects of the use and consumption of legal and illegal psychoactive substances.
15. Provide children and adolescents with disabilities a dignified and equal treatment with all family members and generate conditions of equity of opportunities and autonomy so that they can exercise their rights. Enable appropriate spaces and ensure their participation in related issues in their family and social environment.
PARAGRAFO. In indigenous peoples and other ethnic groups, the obligations of the family shall be established in accordance with their traditions and cultures, provided they are not contrary to the Political Constitution, the law and international human rights instruments.
ARTICLE 40. OBLIGATIONS OF THE COMPANY. In compliance with the principles of co-responsibility and solidarity, civil society organizations, associations, companies, organized trade, economic associations and other legal persons, as well as natural persons, have the obligation and responsibility to take an active part in achieving the effective validity of the rights and guarantees of children, girls and adolescents. In this sense, they should:
1. To know, respect and promote these rights and their prevalent character.
2. Respond with actions that seek immediate protection against situations that threaten or undermine these rights.
3. Actively participate in the formulation, management, evaluation, monitoring and control of public policies related to childhood and adolescence.
4. Give notice or report any means, crimes or actions that violate or threaten them.
5. Collaborate with the authorities in the implementation of the provisions of this law.
6. Other actions that are necessary to ensure the exercise of the rights of children, girls and adolescents.
ARTICLE 41. STATE OBLIGATIONS. The State is the institutional context in the integral development of children, girls and adolescents. In compliance with its functions at the national, departmental, district and municipal levels it must:
1. Ensuring the exercise of all rights of children, girls and adolescents
2. To ensure the conditions for the exercise of rights and to prevent their threat or affect through the design and implementation of public policies on childhood and adolescence.
3. Ensure the allocation of the necessary resources for the fulfillment of public policies of childhood and adolescence, at the national, departmental, district and municipal levels to ensure the prevalence of their rights.
4. Ensure the protection and effective restoration of rights that have been violated.
5. Promote peaceful coexistence in the family and social order.
6. To investigate and severely punish crimes in which children, girls and adolescents are victims, and to ensure the repair of damage and the restoration of their rights violated.
7. To resolve the resources, petitions or legal actions of children, girls and adolescents, their family or society for the protection of their rights with a prevalent character.
8. To promote in all areas of society, respect for the physical, mental and intellectual integrity and exercise of the rights of children, girls and adolescents and how to make them effective.
9. To train children, girls and adolescents and families in the culture of respect for dignity, recognition of the rights of others, democratic coexistence and human values and in the peaceful resolution of conflicts.
10. Support families so that they can assure their children and children from their gestation, the necessary food for their physical, psychological and intellectual development, at least until they are 18 years of age.
11. To ensure and protect the coverage and quality of care for pregnant women and women during childbirth; in an integral way during the first five (5) years of the child's life, through services and programs of free quality care, including compulsory vaccination against any preventable disease, with family responsibility agency.
12. Ensure the registration and processing of the civil birth register by means of an effective and free procedure. For this purpose, the National Registry of the Civil State and the Ministry of Social Protection will jointly regulate the administrative procedure that ensures that the child leaves the medical center where he was born, with his civil registry birth and live birth certificate.
13. Ensure that children, girls, and adolescents have access to the Health Social Security System in a timely manner. This right will be effective by immediate affiliation of the newborn to one of the law regimes.
14. Reduce child morbidity and mortality, prevent and eradicate malnutrition, especially in children under the age of five, and advance vaccination and prevention programmes for diseases affecting childhood and adolescence and the risk factors for disability.
15. To ensure the health and food subsidy services defined in the legislation of the social security system in health for pregnant and nursing women, families in situations of manifest weakness and children, girls and adolescents.
16. Prevent and respond to the different forms of violence and all types of accidents that threaten the right to life and quality of life of children, girls and adolescents.
17. Guarantee the conditions for children, girls from birth, to have access to adequate and quality education, either in educational institutions close to their housing, or through the use of technologies that guarantee such education. access, both in rural and urban settings.
18. Ensure the means and conditions to ensure that they remain in the education system and that they are fully trained.
19. Ensure a school environment respectful of the dignity and human rights of children, girls and adolescents and develop teacher training programs for the promotion of good treatment.
20. To eradicate discriminatory or exclusionary pedagogical practices and penalties for abuse of the educational system, or to undermine the dignity or physical, psychological or moral integrity of children, girls and adolescents.
21. Address the specific educational needs of children, girls and adolescents with disabilities, with exceptional capabilities and in emergency situations.
22. Ensure ethnoeducation for children, indigenous and other ethnic groups, in accordance with the Political Constitution and the law governing the matter.
23. To design and implement strategies for the prevention and control of school dropouts and to prevent the expulsion of children, girls and adolescents from the educational system.
24. To promote sport, recreation and survival activities, and to facilitate the materials and tools necessary for their regular and continuous practice.
25. To encourage participation in cultural life and in the arts, creativity and artistic, scientific and technological production of children and adolescents and to devote special resources to this.
26. Prevent and address sexual violence, violence within the family and child abuse, and promote the spread of sexual and reproductive rights.
27. Pay special attention to children, girls and adolescents who are in a situation of risk, vulnerability or emergency.
28. Protect against arbitrary displacements that take them away from their home or from their usual place of residence.
29. Ensure that they are not exposed to any form of economic exploitation or begging and refrain from using them in military activities, psychological operations, civic-military campaigns, and the like.
30. Protect them against linking and recruiting in armed groups outside the law.
31. Ensure food for children, girls and adolescents who are in the process of protecting and restoring their rights, without prejudice to other persons who must provide food in the terms of this law, and to ensure effective mechanisms for the enforceability and enforcement of maintenance obligations.
32. Eradicate the worst forms of child labour, the work of children under the age of 15, protect young people who are authorised to work, and ensure their access to and stay in the education system.
33. Promote educational communication strategies to transform cultural patterns that tolerate child labor and highlight the value of education as a fundamental process for the development of childhood.
34. To ensure the presence of the child, child or adolescent in all actions that are of interest to them or to involve them in any way, to take the necessary measures to safeguard their physical and psychological integrity and to guarantee the compliance with the terms outlined in the law or regulations in the face of due process. Seek the presence of their parents, the responsible persons or their legal representative in such actions.
35. Find and locate the family of origin or people with whom they live as soon as possible when they are minors unaccompanied.
36. Ensure the assistance of a translator or a communication specialist when the age, disability or culture of children, girls or boys requires.
37. To promote compliance with the responsibilities assigned in this Code to the media.
PARAGRAFO. This enumeration is not a taxative and in any case the State shall guarantee in a prevalent manner the exercise of all the rights of the children, the girls and the adolescents enshrined in the Constitution Policy, international human rights treaties and conventions and in this code.
ARTICLE 42. SPECIAL OBLIGATIONS OF EDUCATIONAL INSTITUTIONS. In order to fulfill their mission, educational institutions will have the following obligations:
1. Facilitate the access of children and adolescents to the education system and ensure their permanence.
2. Provide quality and relevant education.
3. Respect in all circumstances the dignity of the members of the educational community.
4. Facilitate the participation of students in the academic management of the educational center.
5. Open spaces of communication with parents to follow up the educational process and foster democracy in the relationships within the educational community.
6. To organise programmes for the levelling up of children with learning difficulties or to be delayed in the school cycle and to establish psychopedagogical and psychological counselling programmes.
7. Respect, allow and encourage the expression and knowledge of the various national and foreign cultures and organize extracurricular cultural activities with the educational community for this purpose.
8. To stimulate the cultural manifestations and inclinations of children and adolescents, and to promote their artistic, scientific and technological production.
9. To ensure the use of the technological means of access and dissemination of culture and to provide the establishment of an appropriate library.
10. Organize activities conducive to the knowledge, respect and conservation of the national environmental, cultural, architectural and archaeological heritage.
11. Encourage the study of national and foreign languages and special languages.
12. Avoid any discriminatory conduct for reasons of sex, ethnicity, creed, socio-economic status or any other that affects the exercise of their rights.
PARAGRAFO 1o. 94 of Law 1453 of 2011. The new text is as follows: > Consider it mandatory for all public and private educational institutions to structure an articulated module to the PEI-Institutional Educational Project-to improve the capacities of parents and/or In this context, the Commission has taken into account the fact that it has not been in the process of being a member of the European Parliament. others.
PARAGRAFO 2o. 94 of Law 1453 of 2011. The new text is as follows: > The Secretariats of Municipal and Departmental Education must guide and supervise the strategies and goals of the psychopedagogical system and the institutions must enter it within the Institutional Educational Project -PEI- as mandatory compliance.
ARTICLE 43. FUNDAMENTAL ETHICAL OBLIGATION OF EDUCATIONAL ESTABLISHMENTS. Primary and secondary education institutions, public and private, will have a fundamental obligation to ensure that children and adolescents have full respect for their dignity, life, physical and moral integrity within school life. For this purpose, they shall:
1. To train children and adolescents in respect for the fundamental values of human dignity, human rights, acceptance, tolerance towards differences between people. To do this, they must inculcate respectful and considerate treatment towards others, especially those with disabilities, special vulnerability or outstanding abilities.
2. Effectively protect children and adolescents against all forms of abuse, physical or psychological aggression, humiliation, discrimination, or mockery by colleagues and teachers.
3. To establish in their regulations adequate mechanisms of a deterrent, corrective and reeducational character to prevent physical or psychological aggression, the behaviors of mockery, contempt and humiliation towards children and adolescents with difficulties in the learning, in language or towards children and adolescents with outstanding or special abilities.
ARTICLE 44. COMPLEMENTARY OBLIGATIONS OF EDUCATIONAL INSTITUTIONS. The managers and teachers of academic establishments and the educational community will in general put in place mechanisms for:
1. Check the registration of the civil registry of birth.
2. Establish timely detection and support and guidance in cases of malnutrition, abuse, neglect, sexual abuse, intra-family violence, and economic and labour exploitation, contemporary forms of servitude and slavery, including worse forms of child labour.
3. Check students ' affiliation to a health regimen.
4. To ensure that children and adolescents respect their dignity, life, physical and moral integrity within their school life.
5. Effectively protect children and adolescents against all forms of abuse, physical or psychological aggression, humiliation, discrimination, or mockery by colleagues or teachers.
6. To establish in their regulations adequate mechanisms of a deterrent, corrective and reeducational character to prevent physical or psychological aggression, the behaviors of mockery, contempt and humiliation towards children and adolescents with learning difficulties, in language or towards children or adolescents with outstanding or special abilities.
7. To prevent the trafficking and consumption of all types of psychoactive substances that produce dependency within educational facilities and to ask the competent authorities to take effective action against the traffic, sale and consumption around the educational facilities.
8. Coordinate the pedagogical, therapeutic and technological supports necessary for the access and educational integration of the child, child or adolescent with disabilities.
9. Report to the competent authorities, situations of abuse, abuse or worse forms of child labour detected in children and adolescents.
10. Target the educational community for training in sexual and reproductive health and life as a partner.
