Key Benefits:
1251 OF 2008
(November 27)
Official Journal No. 47,186 of 27 November 2008
CONGRESS OF THE REPUBLIC
For which norms are dictated to seek the protection, promotion and defense of the rights of older adults.
COLOMBIA CONGRESS
DECRETA:
PRELIMINARY rules.
ARTICLE 1o. OBJECT. This law aims to protect, promote, restore and defend the rights of older adults, to guide policies that take into account the process of aging, plans and programs by the State, civil society and the family and regulate the functioning of institutions that provide care services and integral development of persons in their old age, in accordance with article 46 of the Constitution National, the Declaration of Human Rights of 1948, Plan of Vienna of 1982, Deberes of the Man of 1948, the World Assembly of Madrid and the various Treaties and International Conventions signed by Colombia.
ARTICLE 2o. FINES OF THE LAW. This law aims to ensure that older adults are involved in the development of society, taking into account their life experiences, through the promotion, respect, restoration, assistance and exercise of their rights.
ARTICLE 3o. DEFINITIONS. For the interpretation and application of this law, take into account the following definitions:
Comprehensive Social Action. A set of actions that seek to improve and modify the social circumstances that prevent the elderly from their integral development, physical, mental and social protection until they achieve the incorporation into a full and productive life of the persons who are in a state of need, lack of protection or physical or mental disadvantage.
Old Age. Life cycle of the person with certain characteristics of his own that is produced by the passage of time in the individual.
Older adult. It is that person who has sixty (60) years of age or more.
Geriatrics. The branch of medicine that is responsible for the therapeutic, clinical, social and preventive study of health and the disease of the elderly.
Gerontology. Interdisciplinary science that studies aging and old age taking into account biopsychosocial aspects (psychological, biological, social).
Aging. A set of modifications that the passage of time irreversibly causes in living beings.
Mapping of poverty. Graphical representation of poverty on geographical areas.
Demography. It covers the study of the size, structure and distribution of populations in which mortality, birth, migration will be taken into account.
National Policy on Aging and Old Age. An instrument to ensure the coordinated management of state agents in the public and private sectors, in the fulfilment of the aims of the State to meet the needs of the elderly, as well as observation and knowledge of the characteristics of the ageing process.
Institutional Care Plan. It is the institutional model in the framework of the axes of law and guidance for actions that program and implement public or private institutions, guaranteeing a comprehensive and quality service. It is the responsibility of demanding comprehensive actions in each of the components of care (health, psychosocial and family and occupational).
Social Protection Centers for Older Adult. Protection institutions for the provision of accommodation, social welfare and comprehensive care services on a permanent or temporary basis to older adults.
Day centers for older adults. Institutions for the care, comprehensive welfare and social care of older adults who provide their services in daytime hours.
Attention institutions. Public, private or mixed institutions with physical infrastructure (own or external) where health or social assistance services are provided and, in general, those dedicated to the provision of services of any kind benefit the older adult in the various spheres of their personal promotion as subjects with full rights.
Home care institutions. Institution providing its welfare services to older adults in the care and/or health services modality at the user's residence.
ARTICLE 4. PRINCIPLES. For the application of this law they shall be as guiding principles:
a) Active Participation. The State must provide the necessary mechanisms of participation for the elderly to participate in the design, elaboration and execution of programs and projects that deal with it, with special assessment of their experiences and knowledge in the social, economic, cultural and political development of the State;
b) Corresponsibility. The State, family, civil society and older adults should jointly promote, assist and strengthen the active participation and integration of older adults in the planning, implementation and evaluation of programs, plans and actions to be developed for inclusion in the political, economic, social and cultural life of the Nation;
c) Equal opportunities. All older adults should enjoy special protection of their rights and the freedoms proclaimed in the Constitution, Declarations and International Conventions ratified by Colombia, respecting always diversity. cultural, ethnic and values of this population;
d) Access to benefits. The State, society and family must ensure that older adults access to benefits in order to eliminate social and territorial inequalities;
e) Attention. In all public and private entities, it is a duty to apply measures to give special attention, according to the needs.
f) Equity. It is the fair and proportional treatment given to the older adult without distinction of gender, culture, ethnicity, religion, economic, legal, physical, psychological or social status, within the recognition of constitutional plurality;
g) Independence and self-realization. The older adult has the right to decide freely, responsibly and consciously about their participation in the country's social development. They will be given the necessary guarantees for the benefit and access of the social, economic, political, educational, cultural, spiritual and recreational opportunities of society, as well as the improvement of their skills and competencies;
h) Solidarity. It is the duty of the State, society and family to the older adult, to provide support and assistance in a preferential manner when in a vulnerable condition;
i) Dignity. All people have the right to a dignified and safe life; older adults are the fundamental objective of the actions undertaken in compliance with the rule of law through the elimination of any form of exploitation, abuse or abuse of older adults;
j) Decentralization. The territorial and decentralized entities for services shall provide and comply with the tasks of this law in pursuit of the defense of the rights of the older adult;
k) Permanent training. Taking advantage of opportunities that fully develop their potential through access to society's educational, productivity, cultural and recreational resources;
l) Non-discrimination. Suppression of any discriminatory treatment on the basis of race, age, sex, economic condition or disability.
m) Universality. The rights enshrined in this law are universal and apply to all persons residing in the national territory without distinction and without any social exclusion. However, the state will be able to focus public policies on the poorest and most vulnerable populations to reduce the economic, social and cultural gaps that characterize the country.
n) Efficiency. It is the economic criterion that reveals the ability to produce results with the minimum of resources, energy and time.
n) Effectiveness. It is the institutional criterion that reveals the administrative and political capacity to achieve the proposed goals or results, focusing mainly on the objectives that are presented that connote the administrative capacity to satisfy the demands raised in the community and reflected in the capacity to respond to the demands of society.
ARTICLE 5o. ENUNCIATION OF RIGHTS. The State, in accordance with Article 13 of the Political Constitution, will provide special protection to older adults who under their economic, physical or mental condition they are marginalized and under circumstances of weakness and manifest vulnerability, thus applying to the Social State of Law. To this end, plans, programs and actions will be created that promote conditions of real and effective equality, as well as the fulfillment of the rights enshrined for the elderly in the Declaration of Human and Human Rights of 1948, those enshrined in the National Constitution and others recognized by Colombia in International Conventions or Treaties.
ARTICLE 6o. DUTIES. The State, civil society, family, older adult and the media, shall be required for older adults:
1. Of the State
a) Ensure and enforce the rights of the older adult;
b) Protect and restore the rights of older adults when they have been violated or waned;
c) Ensure the adoption of plans, policies and projects for the older adult;
d) Generate spaces for concertation, participation and socialization of the needs, experiences and strengths of the older adult;
e) Establish the mechanisms of inspection, surveillance and control of the various public and private entities that provide care services to the elderly;
f) Develop policies, plans, projects and programs for the older adult, taking into account the unmet basic needs of the most vulnerable;
g) Encourage the formation of the population in the aging process;
h) Establish actions, programs, and projects that give special and preferential treatment to the older adult;
i) Promoting a culture of solidarity towards the older adult;
j) Eliminate all forms of discrimination, abuse, abuse and violence against older adults;
k) Provide the necessary food assistance to older adults who are in a state of neglect and destitution;
(l) Generate actions and penalties that require compliance with the maintenance obligations of families that disprotect older adults without prejudice to current regulations;
m) The National Governments, Departmental, District and Municipal, will advance programs to promote and defend the rights of the elderly according to the needs of the attention that this population presents;
[n] In the granting of subsidies by the Nation and its territorial entities, priority will be given to the elderly in order to access the social programs of health, housing, food, recreation, sports, drinking water, and basic sanitation;
n) Promote campaigns that raise awareness among health professionals and the general public on the ways of neglect, abuse and violence against older adults, establishing services for victims of ill treatment and rehabilitation for those who commit them;
or) Promote healthy lifestyles from early childhood to foster healthy habits and behaviors related to self-care, healthy and healthy eating, caring for the environment, and promoting physical activity for achieve an active ageing and create an imaginary positive of old age.
2. From Civil Society
a) Give special and preferential treatment to the older adult;
b) Generate knowledge recognition spaces, skills, competencies, and skills of older adults;
c) To encourage the participation of the older adult;
d) Recognize and respect the rights of the older adult;
e) Reporting any act that violates or violates the rights of the older adult;
f) Take an active part in the discussion, drawing up plans, projects and actions for the older adult;
g) Contribute to the surveillance and control of actions directed to the older adult;
h) Generate solidarity actions towards older adults who are in a state of vulnerability;
i) Develop activities that encourage healthy aging and the participation of older adults in these activities.
j) Define strategies and services that benefit older adults with quality, warmth and efficiency;
k) Do not apply discrimination and social exclusion criteria in the actions you bring forward;
l) Meet quality standards that are established for the provision of social, health, education, and culture services that are established taking into account that they are accessible to older adults;
m) Protecting older adults from negative events that may affect or risk their lives and their personal integrity and support them in particularly difficult circumstances.
3. From the Family
a) Recognize and strengthen the skills, competencies, skills and knowledge of the older adult;
b) Respect and generate spaces where the rights of older adults are promoted;
c) Fostering the older adult in an environment of love, respect, recognition and help;
d) Provide an environment that meets basic needs to maintain adequate nutrition, health, physical, psychological, psychomotor, emotional and affective development;
e) Establishing intergenerational relationship spaces between family members;
f) Protecting the older adult from any act or event that atents or violates the rights, life, integrity, honor, and property;
g) Link to the older adult in social security services and health care system;
h) Provide the adult with greater spaces for recreation, culture and sport;
i) Providing special support and assistance to the older adult in a disability state;
j) Respect the experiences, culture, traditions and expressions of older adults;
k) Promote the participation of older adults in the discussion, design, formulation and implementation of policies, plans, programs and projects of interest to the family, society and the state.
l) Accept the exercise of autonomy and self-realization of older adults.
m) To address the psycho-affective needs of the older adult when in conditions of institutionalization. In no case will they be left abandoned and in charge of the institution without maintaining the family ties.
4. From The Major Adult
a) Develop self-care activities for your body, mind, and environment;
b) Integrating healthy habits and physical activity into your life;
c) Making rational use of medications following prescribed medical recommendations;
d) Take an active part in sports, recreational and cultural activities that will allow you to grow old healthily, to plan public policies and programs to be designed in favor of this local population group;
e) Promote participation in social support networks that benefit the population, especially those found in conditions of extreme poverty and social vulnerability, as well as monitoring compliance with social and social policies. social assistance to be developed in their territorial identity;
f) Proposition for your own well-being and create conditions that allow you to reduce your level of family and state dependency, making it self-sufficient and developing your capabilities and potentialities;
g) Provide truthful and legal information about your social and economic conditions;
5. From the media
a) Know, promote and respect the rights of older adults;
b) Raising awareness among children, girls, adolescents and young people of their compliance with the same, contributing to the generation of a culture of aging and respect for the older adult;
c) Reporting on situations of abuse and violence of the Human Rights of older adults;
d) Contribute to the protection of older adults who are in a situation of extreme poverty and social vulnerability.
NATIONAL AGING AND AGING POLICY.
ARTICLE 7o. GOALS. The State, in compliance with social objectives, is responsible for the planning, coordination, execution and monitoring of actions aimed at the integral development of the elderly adult, for which the policy must be developed. National of Aging and Old Age, taking into account the following objectives:
1. Improve the quality of life of older adults as members of society, preferably those of the poorest and most vulnerable.
2. Through multidisciplinary, comprehensive and integrative approaches, incorporating the problems of aging as a factor for national development, in this regard, involves the elderly.
3. Build and develop cultural instruments that value the input of older adults and facilitate the transmission of their skills and experiences to new generations.
4. Achieve the full integration and participation of older adults in the economic, social, political and cultural development of the Nation, recognizing the intergenerational work that they fulfill in society.
5. To build mechanisms for consultation, coordination and cooperation in the various bodies of public and civil society in the promotion, protection, restoration and guarantee of the rights of older adults.
6. Mainstreaming policy by making the adult integral part of the public administration's plans, programs, projects and work mechanisms.
7. Require the provision of quality services to the older adult in all areas.
8. Promote a culture of respect for the older adult within society and the family.
9. Promotion of healthy environments, accessibility and access to older adult enablement/rehabilitation.
ARTICLE 8o. POLICY GUIDELINES. In the elaboration of the National Policy on Aging and Old Age, the National Government and the territorial authorities will take into account the following guidelines, applying the gender perspective as an axis transverse:
1. The determination of criteria and observations to the demographic projections, living conditions and territorial location of the households as supports that serve in the public decision making for the benefit of the elderly.
2. Incorporate the criteria, considerations of demographic information projections as a technical element in the elaboration of plans and programs of education, health, culture, recreation, work and environment for the older adult.
3. Evaluate and periodically adjust the plans, programs, and policies of aging and old age, in order to ensure compliance with the Constitution and the law regarding special protection for the older adult.
4. Integrate older adult groups into a greater vulnerability in priority actions that will reduce their vulnerability.
5. Effectively facilitate the participation of civil society in the processes of formulation, implementation and evaluation of public old age and ageing policy.
6. Determine the rates of dependence and aging of the Colombian population.
7. Articulate the policies, institutions and actors of the different sectors, achieving a greater impact for the benefit of this population.
8. Strengthen social networks of support through solidarity behavior and co-responsibility between the family, society and the State, as well as the promotion, support and protection of caregivers of older adults in a situation of dependence on house.
PARAGRAFO 1o. In the elaboration of the National Policy on Aging and Old Age, the trends and characteristics of the older adult will be taken into account in order to improve the level and quality of life of the older adult. families and their interaction and integration with society.
PARAGRAFO 2o. The coordination of the development and implementation of the National Policy on Aging and Old Age will be done through the Ministry of Social Protection.
Territorial entities shall provide the information required for the elaboration, definition and implementation of Public Policy, subject to regulations issued by the Ministry of Social Protection.
ARTICLE 9o. INFORMATION SYSTEM. For compliance with the provisions of this law, a Unified Information System of Old Age, SUIV, will be formed as a base support for the design of policies, plans and actions for the benefit of the older adult. as the ageing process in the national territory. He will be in charge of the Ministry of Social Protection.
ARTICLE 10. PROMOTION TO THE FAMILY. The National Policy on Aging and Old Age will include measures to promote the organization of the family and to involve it in the integral development of the older adults that make up the family. the due interrelationship between its members.
ARTICLE 11. PROTECTION AND SPECIAL CARE. For the purposes of this law, groups that deserve special protection and care for older adults are considered:
(a) Indigenous people: Measures and actions will be included that will not only guarantee a dignified life for the elderly, but also promote the full participation of this population in national and social development, its integration into active and community life, housing, food security and social welfare with full respect and support for their cultural identity;
b) Women: Measures and actions will be included to address the needs and demands of older adult women to achieve their comprehensive development; it will promote conditions of equity and gender with respect to men, to eradicate and punish all kinds of violence, abuse and individual and collective discrimination against women at this stage of life;
c) Disabled: Special measures will be considered to incorporate the elderly population with disabilities in prevention, care and promotion in health and comprehensive welfare taking into account the National Plan of Disability;
d) Population displaced: Special actions will be determined for older adults in displacement condition;
e) Negriudes, ethnic minorities: Special actions that recognize their roots and culture, as well as measures that include their active participation in the elaboration of plans, programs and projects, will be included;
g) Inmates: Lead specific actions for older adults who are deprived of freedom in order to improve their living conditions.
ARTICLE 12. PARTICIPATION. In the elaboration of the National Policy on Aging and Old Age, the participation of:
a) Public and private organizations providing services to the older adult;
b) Public entities at the National, Departmental, District, Municipal, and Local levels and decentralized entities that address and advance projects related to the older adult;
c) Organised civil society;
d) The academy;
e) Older adults;
f) Social support networks.
PARAGRAFO 1o. The Ministry of Social Protection will determine the deadlines and methodologies for the development of the National Policy on Aging and Old Age.
PARAGRAFO 2o. Defined deadlines, methodologies and participation, a technical document will be produced by the Conpes containing the public policy. This document shall be drawn up in a term not exceeding one (1) year after the publication of this law.
ARTICLE 13. DATA COLLECTION. The National Administrative Department of Statistics, DANE, in accordance with its functions, will collect, prepare and publish the official statistics of the largest population and its socio-demographic location disaggregated with gender perspective.
ARTICLE 14. UPDATE AND FOLLOW UP. The National Administrative Department of Statistics, DANE, in coordination with the Department of National Planning and the Ministries of Social Protection, Finance and Education, will carry out the updates and Recommendations on the policy of ageing, in order to achieve the correct planning, projection and distribution of resources to meet the needs of older adults.
ARTICLE 15. DEMOGRAPHIC STUDY. In the allocation of resources, account will be taken of the structure, dynamics and location of the current and future older population in order to achieve a better perception of the ageing process leading to a better efficiency and effectiveness in the performance of public actions.
ARTICLE 16. POVERTY MAPPING. The Administrative Department of National Planning, in coordination with the DANE Department, will prepare and keep up to date the official map of poverty and homelessness, as well as information systems. georeferenced related to the economic and social conditions of older adults in order to be oriented and formulated strategies according to their real needs, mitigating and reducing poverty rates in fulfillment of goals objective.
ARTICLE 17. AREAS OF INTERVENTION. In the preparation of the National Plan, the following areas of intervention will be taken into account:
1. Health protection and social welfare. Older adults have the right to comprehensive health protection and the duty to participate in the promotion and defense of their own health, as well as that of their family and their community. The Ministry of Social Protection will address the health and social welfare needs of this population group by formulating policies and guidelines in the field of health and social welfare, in order to provide services integrated with quality.
Corresponds to the State, through its entities of the National, Departmental, District and Municipal Order, in accordance with the scope of its competences, to the Insurers, to the Public and Private Institutions of the Health and Care Sector Social:
a) Ensuring the provision of comprehensive care, advocacy, and prevention services and programs for older adults in public and private institutions;
b) Propose actions to raise the quality and specialization of the health services they provide to the elderly;
c) Develop permanent education and training actions in prevention and self-care;
d) Evaluate and strengthen the functioning of the Free Food and Drug Support Programs;
e) To accompany and monitor the process towards the shaping of the fair and equitable pension to the needs of older adults who allow a dignified life;
f) Permanent assessment of the quality of services provided in long-term care facilities for older adults (Social protection centres, houses, etc.);
g) Expand access coverage to health and social welfare services according to needs presented by the older adult;
h) Generate effective mechanisms for the surveillance and control of the major adult service providers;
i) Create special programs in early detection and early treatment of chronic diseases among older adults, as well as care and help for those suffering from functional disabilities;
j) Create health, social care and welfare programs aimed at addressing the needs of people in the different stages of the life cycle, through preventive measures and health promotion and activities that generate a healthy aging;
k) Generate, strengthen, and foster medical and care specialties for older adults in Geriatrics and Gerontology;
l) Generate trainings for formal and informal caregivers of older adults;
m) Develop broad mental health care services that understand from prevention to early intervention, delivery of treatment services, and management of older adults ' mental health problems.
PARAGRAFO 1o. Older adults residing in Colombia will have the right to access the General System of Social Security in Health and the Mandatory Health Plan, POS, either in their capacity as an affiliate of the contributive or subsidized.
PARAGRAFO 2o. The older adult affiliated with the Health Social Security System who for the type of care requires an offer of service outside of their place of origin, will have the right to be guaranteed a place of passage temporary where your attention will be paid.
2. Education, culture and recreation. Education, culture and recreation are part of the process of integral formation of the human being; to this end, the State must:
a) Promote and stimulate programs in pre and post-graduate gerontology;
b) Create thematic nuclei on aging and old age in formal education, at pre-school, primary and vocational, as well as in non-formal education;
c) Propender to develop in older adults human rights training, education for citizen participation in equity and participation and, in general, in all fields of interest for continuous improvement;
d) Intercultural education on environmental and sustainability issues, economic and social development with an emphasis on improving the quality of life;
e) Achieve a better quality and expectations of personal, family and social life through educational and participatory actions that allow the creation of awareness of human dignity and to form positive and respectful attitudes towards old age and ageing as a contribution to society;
f) Contribute to the integral education of this population by allowing them to develop life projects in accordance with their age and life expectancies that help them to assume roles in family and social life;
g) To effectively integrate knowledge acquired by older adults by optimizing it within society;
h) Propose adult access to formal and informal education in various forms and levels of training in order to achieve their individual, family and social development as a form of inclusion to society;
i) Develop proposals for adult access to cultural activities, both in terms of creation and appropriation of culture;
j) Develop actions that promote and enable older adult access to sports activities designed to meet their particular needs;
k) To promote actions for the creation of public spaces of encounter, communication and intra-and intergenerational coexistence (clubs, day centers, shows, etc.);
l) Develop actions to build a culture of old age and active ageing in the population as a whole.
3. A favorable physical and social environment. Corresponds to the State, through its entities of the National Order, Departmental, District and Municipal according to the scope of its competences, to the public and private institutions, to guarantee to the adults greater conditions optimal for the physical environment to be in line with your needs. To do this, actions will be determined and must:
(a) Public services to be provided with adequate and accessible infrastructure for the older adult;
b) To provide housing programs that allow older adults to obtain their own housing or to remodel it in case they already have it;
c) Generate strategies to allow access to social housing projects that offer equal opportunity to couples composed of older adults, alone or heads of families;
d) Promote the construction of special housing according to the needs of habitability, safety and accessibility of older adults;
e) Developing actions to generate urban spaces with physical-spatial characteristics that generate a safe and accessible environment in accordance with the needs of older adults;
f) Generate mechanisms that facilitate adapting means of transport to the needs of older adults;
g) Decrease the risks of major adult traffic accidents through driver and pedestrian education campaigns and proper public road signage.
4. Productivity. The State, through its entities of the National, Departmental, District and Municipal Order, in accordance with the scope of its competences, public and private institutions, society and the family, will have to generate actions to involve the elderly in the economic and productive development of our country. For this they should:
(a) Facilitate and promote income from employment, the development of productive projects and the training of social enterprises for the elderly;
b) Develop mechanisms for access to credit for productive purposes for the older adult;
c) Promote older adult access to formal employment;
d) To train, promote and facilitate access to new technologies and telework as a mechanism for income and employment generation.
ARTICLE 18. DISSEMINATION AND PROMOTION. It is for the Ministry of Social Protection to promote and disseminate Public Policy for the Elderly.
ARTICLE 19. REPORT OF INFORMATION. The National Government, headed by the Ministry of Social Protection, will inform the Septimas Committees of the Congress of the Republic within six months of the entry into force of this Law, the advances in the process of policy formulation, as well as the level of participation of the different actors in the policy.
REQUIREMENTS FOR THE OPERATION OF CARE SERVICES AND COMPREHENSIVE ADULT PROTECTION SERVICES INSTITUTIONS.
ARTICLE 20. ESSENTIAL REQUIREMENTS. For its operation, institutions providing care services to the older adult must demonstrate the following:
a) Rules Internal. Document defining the social reason, legal representative, objectives, structure of the organization, portfolio of services, duties and rights of the users and their family group, of the society and the norms of security and coexistence;
b) Nutritional Level. Ensure the appropriate nutritional level for each of the older adults by defining a minute, monthly individual pattern and after medical assessment, taking into account the technical and legal parameters of the Ministry of Education. Social protection, the ICBF or the competent public entity in the respective territorial entity;
c) Infrastructure. The physical plant must have specifications that allow for the easy and safe movement of older adults and in particular the mobilization of those who are in a condition of dependency, for which the provisions of the provisions of the in the current regulations available for that purpose;
d) Human Talent. Define personal, professional, technical, and auxiliary standards and profiles, in accordance with the positions and functions and the number of users to be addressed to the institution, guaranteeing the full exercise of their rights;
e) Medical Emergency Care Plan. Count on a medical emergency care plan approved by the Ministry of Social Protection, in order to establish the appropriate procedure to ensure the immediate attention of beneficiaries in case of an emergency in health caused by accidents or diseases;
f) Occupational Area. Implementation of various social and/or economic productivity and sustainability activities that seek to maintain, recover and/or enable physical and mental functionality, as well as individual recognition of older adults such as active members of the company based on the capabilities, skills, interests and conditions of each of them;
g) Mental health. Ensure the provision of comprehensive services and programs of care, advocacy, and mental health prevention that meet the needs of older adults and involve their family.
ARTICLE 21. FAMILY PSYCHOSOCIAL INTEGRATION. The institutions that provide care services to the elderly will promote and promote the linkage and participation of their family and society in the care and integral development of this group. population, as well as in the defense and guarantee of their Human Rights.
ARTICLE 22. REGISTRATION REGISTRATION. The Ministry of Social Protection will establish the policies, guidelines and criteria to be taken into account for the creation and implementation of the register of institutions dedicated to the care of the elderly in the entire national territory and in turn shall have up-to-date, truthful and timely information about them.
PARAGRAFO 1o. The governorates will be the entities responsible for keeping the Social Protection Ministry's register updated and will have a departmental register, which will be updated with the the mayors of each department. In turn, the mayors will have a district or municipal register according to the report released by the Health Secretariat or who will do the times and the local registry will be in charge of the Local Health Secretariats or who will do the times.
PARAGRAFO 2o. The Registration Record will have at least the following basic information: Name or social reason, name of the legal representative, address of the institution, number of users who can be cared for and portfolio of services offered. In addition, it will take the notes relating to the penalties imposed for violation of the laws or regulations.
PARAGRAFO 3o. The Registration Register will be made available to the public in the electronic address of the Ministry of Social Protection and in a visible place; likewise, it will be published on the web pages of other institutions which are deemed to be suitable for the disclosure of this information.
ARTICLE 23. PACKAGING PLAN. Within six (6) months of the publication of this law, the Ministry of Social Protection, in coordination with the Departments of Departmental, District and Municipal Health, will design a plan. adjustment so that the institutions that currently provide services to older adults are in line with their standards.
ARTICLE 24. INSPECTION AND SURVEILLANCE. The Ministry of Social Protection shall be responsible for monitoring the strict compliance with the provisions laid down in this Law.
PARAGRAFO. To exercise the relevant surveillance and control, the Ministry of Social Protection, in coordination with the competent control bodies, shall establish the parameters and mechanisms applicable to the entities. territorial competent for the effectiveness of the process.
ARTICLE 25. REGULATION. The National Government shall regulate this law on the basis of the criteria laid down therein, taking into account, among other aspects, the classes and categories of the institutions of care for the older adults with the characteristics of each region of the country.
OLDER ADULT NATIONAL ADVICE.
ARTICLE 26. CREATION. The National Government will set up the National Council of the Elderly as a consultative body of the Ministry of Social Protection of a permanent nature.
ARTICLE 27. FINES. It will be the end of the National Council of the Elderly:
1. To monitor and verify the implementation of policies, strategies and programs that ensure the protection and social integration of older adults.
2. Support and strengthen the participation of the community, the family and the elderly in the actions necessary for their physical, mental, economic, social and political development.
3. Stimulate the care of the elderly by public and private entities with quality and efficiency, as well as ensuring the proper functioning of programs and services for this population group.
4. To promote and strengthen the rights of the older adult in the Constitution and in this law.
ARTICLE 28. FUNTIONS. It will be Council functions:
1. Ensure compliance with the provisions and principles set out in this law.
2. Promote inter-institutional coordination by forming sectoral liaison groups with the Ministries of Social Protection, Education, Transport, Trade, Industry and Tourism, Communications, Finance and other entities and bodies It considers it appropriate to link in order to promote the creation, continuity and access to comprehensive care programs and services to the older adult.
3. Advise on the formulation of national policies and plans on ageing.
4. Know the annual evaluations of programs, projects and services aimed at the older adult who are executed by public or private institutions.
5. Determine the technical criteria for distributing public economic resources for programs and services for older adults.
6. Keep an up-to-date record of the natural and legal persons accredited by the Ministry of Health Protection to provide services to older adults.
7. Boost research in areas related to aging.
8. Develop internal regulations to adequately meet the objectives of this Council.
9. Coordinate, with implementing institutions, programs aimed at older adults.
10. Other functions deemed appropriate for the development of activities for the welfare, integral development and protection of older adults.
ARTICLE 29. FORMATION OF THE NATIONAL COUNCIL OF THE OLDER ADULT. Haran part of the National Council:
1. The Minister or Deputy Minister of Social Protection, who will chair the Council.
2. The Minister or Deputy Minister of Education.
3. The Director of the ICBF.
4. A representative of Non-Governmental Organizations dedicated to the provision of services to older adults.
5. A representative of the Academy and the scientific community who handle the older adult topic.
6. Two representatives of legal persons who are in charge of assisting and providing services to older adults.
7. A delegate from the Ombudsman's Office.
8. The Head of the Social Investment Unit of the National Planning Department.
9. The Director of the Social Investment Fund.
10. A Technical Secretary belonging to the plant of the Ministry of Social Protection.
11. A representative of the Gerontological Association.
12. A representative of the Associations of Pensioners.
13. A representative of the Private Enterprise.
14. A representative of the Territorial Entities elected by department.
PARAGRAFO. The National Government will regulate the relevant for the designation of representatives to the National Council of the Elderly.
GENERAL PROVISIONS.
ARTICLE 30. RESOURCES. For the development of this law they will be considered as sources of financing, in addition to those established for the attention to vulnerable population, the resources coming from the private sector and international cooperation; self-managed by older adults, who will be invested in the elaboration, implementation, evaluation and monitoring of the National Policy on Aging and Old Age and will be managed by the Social Promotion Fund.
PARAGRAFO. The National Government may incorporate the budget items necessary to comply with this law.
ARTICLE 31. COORDINATION MECHANISM. The Ministry of Social Protection, the Ministry of Finance and the Department of National Planning shall coordinate the various activities to achieve the maximum results for the purposes and purposes that pursues this law by sharing the information systems and information they hold in terms of revenue, expenditure and other public financing operations.
ARTICLE 32. EVALUATION AND MONITORING. The Administrative Department of National Planning, in coordination with the Ministry of Social Protection, will follow up technical monitoring, quantitative and qualitative evaluations of the preparation and implementation of the of the National Policy on Aging and Old Age.
ARTICLE 33. ANNUAL REPORT. The Ministry of Social Protection will present to the Congress of the Republic an annual report at the end of each fiscal year on the progress, budget implementation and compliance with the National Policy on Aging and Old age.
ARTICLE 34. DECENTRALIZATION. Under the principle of decentralization, the National Government and the Territorial Authorities will establish plans, programs and projects for the attention, promotion and strengthening of the rights of older adults and preparation. for active ageing.
ARTICLE 35. EFFECTIVE AND REPEALED. This law governs from its enactment and repeals all provisions that are contrary to it.
The President of the honorable Senate of the Republic,
HERNAN FRANCISCO ANDRADE SERRANO.
The Secretary General of the honorable Senate of the Republic,
EMILIO OTERO DAJUD.
The President of the honorable House of Representatives,
GERMAN MALE COTRINO.
The Secretary General of the honorable House of Representatives,
JESUS ALFONSO RODRIGUEZ CAMARGO.
COLOMBIA-NATIONAL GOVERNMENT
Publish and comply.
Dada in Bogotá, D. C., on November 27, 2008.
ALVARO URIBE VELEZ
The Minister of Finance and Public Credit,
OSCAR IVAN ZULUAGA ESCOBAR.
The Minister of Social Protection,
DIEGO PALACIO BETANCOURT.
