Key Benefits:
LAW 1306 OF 2009
(June 5)
Official Journal No. 47,371 of 5 June 2009
CONGRESS OF THE REPUBLIC
For which rules are issued for the Protection of Persons with Mental Disabilities and the Regime of the Legal Representation of Emancipated Incapable is established.
COLOMBIA CONGRESS
DECRETA:
PRELIMINARY CONSIDERATIONS.
ARTICLE 1o. OBJECT OF THIS LAW. This law is intended to protect and include the social inclusion of all natural persons with mental disabilities or to adopt behaviors that disqualify them for their normal performance in society.
The protection of the person with mental disabilities and their fundamental rights will be the guideline for the interpretation and application of these rules. The main objective of the exercise of the guards and the management systems and the estate management systems will be the rehabilitation and welfare of the affected.
ARTICLE 2o. a natural person has a mental disability when he or she has mental or behavioral limitations, which does not allow him to understand the scope of his or her actions or assume excessive or unnecessary risks in handling of your estate.
The legal incapacity of persons with mental disabilities shall be correlated to their affectation, without prejudice to the security of the business and the right of third parties in good faith.
PARAGRAFO. The term "demented" currently in the other laws, shall be understood to be replaced by "mentally disabled person" and in the assessment of their acts shall apply the provisions of this law in the relevant.
ARTICLE 3o. PRINCIPLES. following principles shall be taken into account in the protection and guarantee of the rights of persons with mental disabilities:
(a) Respect for their dignity, their individual autonomy, including the freedom to make their own decisions and their independence;
b) Non-discrimination on the basis of disability;
c) Full and effective participation and inclusion in society;
d) Respect for the difference and acceptance of people with mental disabilities as part of diversity and human condition;
e) Equal opportunities;
f) Accessibility;
g) Equality between man and woman with mental disabilities;
h) Respect for the evolution of the faculties of children with mental disabilities and their right to preserve their identity.
These principles have binding force prevailing over the other rules contained in this law.
ARTICLE 4. NORMATIVE DIMENSION. This law is complemented by the International Pacts, Conventions and Conventions on Human Rights related to persons in the disability situation approved by Colombia, which integrate the constitutionality.
None of the rights recognised and in force in favour of persons with mental disabilities in domestic law or international conventions may be restricted or undermined, under the pretext that this law does not recognise them or recognizes them to a lesser extent.
For the determination and interpretation of the obligations of protection and the restoration of the rights of persons with mental disabilities by those who are in charge of their protection, the provisions of the Code of the Childhood and Adolescence and in general, in other standards of protection of the family, provided that they are not contrary in their letter or in their spirit to this law.
For the purposes of interpretation, the principle of prevalence of the most favorable standard for the individual with disabilities will be applied.
ARTICLE 5o. OBLIGATIONS REGARDING PERSONS WITH DISABILITIES. They are obligations of the Colombian society and the State in relation to persons with mental disabilities:
1. Ensure full enjoyment of all rights to persons with mental disabilities, according to their ability to exercise.
2. Prohibit, prevent, investigate and punish all forms of discrimination on the grounds of disability.
3. Protect especially people with mental disabilities.
4. Create affirmative action measures that promote real equality for people with mental disabilities.
5. Establish regulatory and administrative measures in line with the obligations arising from the International Human Rights Treaties in favour of persons in mental disabilities and the actions necessary to comply with the obligations of the national programmes.
6. To encourage the agencies and agencies of different government orders to work towards the social integration of people with mental disabilities.
7. Establish and develop policies and actions necessary to comply with national programs in favor of persons in mental disabilities, as well as those that guarantee equity and equal opportunities in the exercise of their rights.
ARTICLE 6o. THE PROTECTION OF PROTECTION. The protection of the subject with mental disabilities corresponds and taxes the entire society, but it will be exercised in a preferential manner by:
(a) The parents and persons designated by them, by act either alive or by cause of death.
b) The spouse or partner or permanent partner and the other relatives in close proximity, preferring the elderly and the elderly and the relatives consanguine to the civilians.
c) The persons appointed by the judge.
(d) The State through the legitimately qualified officials and institutions.
They will be in charge of the custody and protection of those in mental disabilities who guarantee the quality and suitability of the management and, therefore, the order here established may be modified by the Family Judge when it suits the interests of the affected.
The person responsible for the protection of the person, subject to mental disability, must ensure an adequate standard of living, which includes appropriate food, clothing and housing and the continuous improvement of their living conditions and will adopt the relevant measures to safeguard and promote the exercise of this right without discrimination on the grounds of disability.
PARAGRAFO. When in this law the spouse or related relatives are mentioned, it is understood that those who, in accordance with the Political Constitution and the law, have such a condition in the extramarital family and civil. Where there are two or more mutually exclusive persons in a position, the judge shall prefer the person who has stayed last with the subject, without prejudice to his or her selection powers.
ARTICLE 7o. The public ministry. surveillance and control of public actions related to all those with mental disabilities will be exercised by the Public Ministry.
ARTICLE 8o. FUNDAMENTAL RIGHTS. Individuals with mental disabilities will have the rights that, in relation to children, girls and adolescents, enshrines Title I of the Code of Childhood and Adolescence -Law 1098 2006-or the rules that replace, modify or add to and, in the same way, those that are dedicated to persons with physical disabilities, the elderly, displaced or threatened and other vulnerable population, as soon as the situation of those suffering mental disability is equivalent.
For the enjoyment and exercise of these rights, consideration will be given to the particular and particular condition of the affected subject.
In the care and guarantee of the rights of individuals in mental disabilities, the principles of article 3or of this law shall be taken into account.
ARTICLE 9o. IDENTITY AND AFFILIATION. Persons with mental disabilities must have their identity and affiliation defined with their corresponding seats in the Civil State Registry.
Any protective measure shall be preceded by the necessary steps and actions to determine fully the identity of the person who has a disability and his genetic or legal family, as the case may be, and the registration of these data in the Register of the Civil State.
When it is not possible to test them, the competent official must give immediate notice to the Colombian Family Welfare Institute to take the measures provided for in the law for their determination.
ARTICLE 10. DIGNITY AND PERSONAL RESPECT. In the actions relating to the one who is suffering from mental disability, the dignity and respect of the human person cannot be attacked.
If it is necessary to resort to measures that may cause discomfort to the patient for reasons of therapy, education, security or resocialization, these measures will be limited to the indispensable for the purpose pursued and will always be temporary. The mentally disabled person's representative in this situation will monitor these conditions to be met.
Persons with mental disabilities may not be subject to arbitrary or unlawful interference in their private life, family, home, correspondence or any other type of communication or aggression against their honor and reputation.
PARAGRAFO 1o. Parents ' rights to their children with disabilities are limited in anything that opposes the well-being and development of their children.
PARAGRAFO 2o. Without prejudice to the respect of cultural traditions, the regime of persons with disabilities belonging to indigenous cultures is established in this law. The authorities of these communities will be consulted when it comes to implementing the measures provided for in this law and their recommendations will be applicable when they do not contradict the purposes or objectives set out here.
ARTICLE 11. HEALTH, EDUCATION AND REHABILITATION. No mentally disabled subject may be deprived of his or her right to medical, psychological, psychiatric, training, education and physical or psychological rehabilitation, proportional to his/her level of deficiency, to the effect that they can achieve and maintain maximum independence, physical, mental, social and vocational capacity and inclusion and full participation in all aspects of life, according to the guidelines and programs scientists designed or approved by the National Advisory Committee of Persons with Limitation of what the 361 Act of 1997 treats.
The organization responsible for providing the health and education service in Colombia will take the necessary measures to obtain that no person with mental disabilities is deprived of access to these services from the early age.
Recreation, sport, leisure activities and in general any activity aimed at stimulating physical, creative, artistic and intellectual potential are inherent in health, education and rehabilitation.
In the calculation of the food, concrane or necessary benefits, the costs that demand the activities of health, education and rehabilitation will be included here.
ARTICLE 12. HEALTH PREVENTION. People with mental disabilities are entitled to health services, including sexual and reproductive health, free of charge, unless the strength of their own, direct or derivative of the food supply, allow you to assume such expenses.
Health care and the insurance of the risks of life, health, work or professionals for those suffering from mental disabilities will be provided under the same conditions of quality and scope as the other members of society. The exclusions that are made in this matter by the health services or the insurers, will have to be authorized by general or special by the National Advisory Committee of the Persons with Limitation.
Those in charge of ensuring the well-being of persons with mental disabilities will take the necessary measures to prevent or limit the incidence of external harmful agents in the mental or behavioral health of the subject and to prevent them from You are discriminated against in the care of your health or your personal risks because of your disability.
Individuals with mental disabilities are relieved to perform civic, political, military or religious duties whenever they may affect their health or aggravate their situation.
ARTICLE 13. RIGHT TO WORK. The right to work for those with mental disabilities includes the opportunity to earn a living through a stable job, freely chosen or accepted in a market and work environment that is open, inclusive and accessible under acceptable safety and health conditions. The State will guarantee individual and collective labour rights for workers with mental disabilities.
Employers are required to adopt processes of selection, professional training, permanence and promotion that ensure a level playing field for people with mental disabilities who meet the requirements of the calls.
PARAGRAFO. Labour remuneration will not cause a person with a mental disability to lose their right to food or social care, unless this remuneration exceeds five (5) minimum legal wages Current monthly.
ARTICLE 14. POPULAR ACTIONS AND GUARDIANSHIP. Every person is entitled to request directly or through the Family or Public Ministry, any judicial measure to favor the personal condition of the person suffering from the disease. mental disability.
The Tútela Action has a place when it comes to defending the fundamental rights of the person with disabilities, but the judges will make their decisions after having listened to the experts of the entity appointed by the National Government of compliance with the provisions of article 16 of this law or a medical professional where they do not exist at the site.
MENTALLY DISABLED PEOPLE.
ARTICLE 15. LEGAL CAPACITY OF PERSONS WITH DISABILITIES. Those with absolute mental disabilities are incapable of being absolute.
Persons with relative mental disabilities, disabled under this law, are considered to be incapable relative to those acts and businesses upon which the disablement falls. Otherwise you will be at the general capacity rules.
ARTICLE 16. ACTS OF OTHER PERSONS WITH DISABILITIES. The assessment of the validity and effectiveness of actions performed by those suffering temporary disorders that affect their lucidity and are not subject to protective measures will continue to be governed by the rules ordinary.
PERSONS WITH ABSOLUTE MENTAL DISABILITIES.
ARTICLE 17. THE SUBJECT WITH ABSOLUTE MENTAL DISABILITY. Are considered to be an absolute mental disability who suffer from a severe or profound condition or pathology of learning, behavior, or mental impairment.
The disability rating will be done following the scientific parameters adopted by the National Advisory Committee of People with Limitation and using an internationally accepted nomenclature.
ARTICLE 18. PROTECTION OF THESE PEOPLE. Corresponds to the Colombian Institute of Family Welfare, through the Family Ombudsman, to provide personal and legal assistance to subjects with absolute mental disabilities of any age, of their own office or Report any person making to the Entity.
The ICBF official or any other citizen who receives news or complaints about an individual with an absolute mental disability who requires assistance, must immediately inform the Family Ombudsman, for the purposes of to take administrative measures for the restoration of rights or to bring the relevant judicial proceedings.
PARAGRAFO. The rules on the violation of rights, procedures and measures for the restoration of rights contained in the Code of Childhood and Adolescence shall apply to persons with disabilities absolute mental, as soon as it is relevant and appropriate to the situation of these.
ARTICLE 19. DOMICILE AND RESIDENCE. The subjects with absolute mental disabilities shall have the domicile of their legal representative or keeper. The person with a mental disability will set his or her place of residence if he has sufficient intellectual fitness for that purpose and does not put his or her personal or community integrity at risk. Otherwise, the residence shall be determined by the keeper, unless otherwise provided by the competent authorities.
The change of permanent residence to another municipality or district and the exit to the outside must be informed to the Family Ombudsman at an advance of not less than fifteen (15) days for such change. The Family Defender will transfer the family Judge who is in charge of the file with the absolute mental disability and the civil registry officer of the place where the civil registry of birth repose, for the purpose of his office.
PARAGRAFO. In the Health Secretariats of the municipalities or districts, a Book of Atation of Persons with absolute mental disability will be carried out, in which the place of residence of these persons will be stated. This book will be reserved and only be consulted with permission from the Judge or the Family Defender.
Any person who has knowledge that a person with an absolute mental disability resides or has ceased to reside in the jurisdiction of a municipality must report the fact to the Municipal or District Health Secretary, so that, prior to verification, hold the relevant information and report to the Family Judge.
The Health Secretaries of the municipalities and districts will have the relevant to put into operation the Book of Amending that deals with this article, within the year following the entry into force of this law and will inform the Attorney General's Office. Failure to comply with the obligation to open the book within the prescribed period or not to take it in due form shall be deemed to be serious in disciplinary matters, without prejudice to the obligation to comply with the relevant obligation.
ARTICLE 20. FREEDOM AND DETENTION. Persons with absolute mental disabilities shall enjoy freedom, unless their detention due to their disability is essential for the health and therapy of the patient or for peace and security citizen.
The internment of patients will be urgent or judicially authorized.
PARAGRAFO. The freedom of locomotion that is recognized in this article includes the possibility of moving anywhere in the country and abroad, for which, the authorities will provide the documents and the support that is necessary for the purpose and shall refer to its location only for the purpose of its protection.
ARTICLE 21. EMERGENCY PSYCHIATRIC DETENTION. Patients with absolute mental disabilities may only be admitted to clinics or specialized emergency facilities qualified by the treating physician or an expert of the body designated by the institution. National Government for the effect or the Institute of Legal Medicine and Forensic Sciences.
The Director of the clinic or establishment must inform the Family Welfare Institute within five (5) working days of the entry of the emergency boarding patient, relating the data on the identity of the patient. patient, clinical status and adopted therapy.
PARAGRAFO. The urgency internment cannot be prolonged for more than two (2) months unless the Judge authorizes it in accordance with the following article.
ARTICLE 22. when the situation is not urgent, it will be for the Family Judge to authorize the psychiatric detention of persons with absolute mental disabilities. This authorisation shall be preceded by the concept of the treating physician or an expert of the body designated by the National Government for the purpose of the patient's need or convenience.
The judge will order the detention in appropriate institutions and have the means for the patient's care and therapy, according to the disease entity.
ARTICLE 23. INTERMENT TEMPORALITY. The preventive seclusion for behavior-related causes is a temporary measure that will not exceed one (1) year, but may be extended indefinitely by equal lapses. Any extension shall be preceded by the concept of the treating physician or expert, who shall be aware of having observed and evaluated the patient within thirty (30) days prior to the date of surrender of the concept.
PARAGRAFO. The Judge, at the request of the person who exercises the guardian or of his office, shall request the medical concept for the renewal of the authorization of detention or to arrange for the exit, within thirty (30) days before at the expiration of the term of this.
ARTICLE 24. END OF DETENTION. The psychiatric detention shall cease at any time when it is determined that the causes that motivated it have disappeared.
Due to the termination of detention, this cessation shall be provided, at the request of anyone, even of the patient, provided that the well-being of the person with absolute mental disability, the safety of the family group or of the family is not put at risk. population.
Requests for cessation of detention and remedies shall be resolved within the terms of the decision of the supervisory actions and shall give rise to the liability provided for in that standard for unjustified maturity. of the deadlines.
ARTICLE 25. INTERDICTION OF PERSONS WITH ABSOLUTE MENTAL DISABILITIES. The interdiction of persons with absolute mental disabilities is also a measure of reestablishing the rights of the disabled and, consequently, anyone can request it.
They have a duty to provoke interdiction:
1. The spouse or partner or permanent partner and the consanguine and civil relatives up to the third degree (3o).
2. The Directors of clinics and psychiatric and therapeutic treatment establishments, in respect of patients who are admitted to the establishment.
3. The Family Defender of the place of residence of the person with absolute mental disability; and,
4. The Public Ministry of the place of residence of the person with absolute mental disability.
PARAGRAFO. Relatives who, without justification, do not comply with the duty to cause interdiction, and thereby harm the person or property of the person with absolute mental disability, shall be unworthy to inherit it; the Directors of establishments and public servants will incur a causal of misconduct.
ARTICLE 26. parents, the Family Ombudsman or the Public Ministry must ask for the interdiction of the person with absolute mental disability, once this has reached puberty and, in any case, before the age of majority. Interdiction has no other consequence than to keep this adolescent as an absolute incapable and to allow the legal extension of the parental authority to operate, to the compliance of the majority of age.
The judge will impose on the parents of the person with absolute mental disability the obligations and recommendations of personal care that would impose on the curators and, if considered appropriate or requested by the Family Defender, will require the presentation of annual accounts and reports that treat articles 108 to 111 of this law.
PARAGRAFO. The extended parental authority terminates:
1. For the death of the parents.
2. For rehabilitation of the interdict.
3. By marriage or marital union in fact declared by the person with disabilities; and,
4. For the causes of judicial emancipation.
ARTICLE 27. while the cause is decided, the Family Judge may decree the provisional interdiction of the person with absolute mental disability, when he has an expert opinion that determines it.
ARTICLE 28. OPINION FOR INTERDICTION. In any process of definitive interdiction, a full and technical opinion will be provided on the person with absolute mental disability made by an interdisciplinary team composed of the way that Article 16 2) of this law. This opinion shall specify the nature of the disease, its possible etiology and evolution, the management and treatment recommendations and the performance conditions or performance roles of the individual.
ARTICLE 29. REVIEW OF INTERDICTION. When deemed appropriate and at least once each year, the Judge of the process at the request of the keeper or of the trade, shall review the situation of the person with absolute mental disability interdicates.
For the purpose, it will decrease the practice of the person with disabilities a psychological and physical clinical examination, by an interdisciplinary team of the body designated by the National Government for the effect or the Institute of Legal Medicine and Forensic Sciences.
ARTICLE 30. REHABILITATION OF THE INTERDICT. Any person may request the rehabilitation of the interdict, including the same patient.
Received the request for rehabilitation, the Judge shall request the relevant expert opinion, as well as any other evidence that it deems necessary and, if applicable, shall decree the rehabilitation.
PARAGRAFO. The Judge, if you consider it appropriate, may refrain from initiating proceedings in respect of a request for rehabilitation where six (6) months have not elapsed since the last requested application.
ARTICLE 31. INTERDICTION OF THE REHABILITATED AND MODIFICATION OF THE MEASURE. The rehabilitated may be declared interdict again when necessary.
Under the same conditions of the preceding article, the Judge may substitute the interdiction for the disablement when the situation of the mentally disabled person warrants it.
THE SUBJECT WITH RELATIVE MENTAL DISABILITY.
ARTICLE 32. THE DISABLEMENT MEASURE. People who suffer from behavioural, prodigality or immaturity deficiencies in the business and who, as a result, can put their assets at risk, may be disabled to celebrate some legal businesses, at the request of their spouse, the partner or permanent partner, the relatives up to the third degree of consanguinity and even the same affected.
The disabling processes will be brought forward to the Family Judge.
PARAGRAFO. For disablement the concept of Judge-appointed experts will be required.
ARTICLE 33. a) In the case of the assets settlement process and the transfer of assets of natural persons, the failure to enable the failed, at the request of the representative of the estate, may be decreed as an ancillary measure; creditors or officiously by the Judge.
The Judge before the court of bankruptcy against the failed one, will be the competent to decree the disablement.
ARTICLE 34. SCOPE OF DISABLEMENT. The disablement shall be limited to those businesses which, due to their amount or complexity, make it necessary for the person with relative mental disabilities to perform with the assistance of a counselor.
For the determination of the acts that are the subject of the inability, the physical and psychological assessment performed by experts shall be taken into account.
PARAGRAFO. The Judge, taking into account the forces of the estate, will point out a sum for his personal expenses of the disabled and for his free administration, without exceeding fifty percent (50%) of the real income net.
ARTICLE 35. DISABLED STATUS. The disabled will retain their personal freedom and will be looked at as capable for all legal acts other than those on which the inability falls.
ARTICLE 36. PROVISIONAL DISABLEMENT. While the cause is decided, the Family Judge may decree the provisional disablement. Such disablement shall be limited to the order that all acts of patrimonial disposal whose value exceeds 15 (15) monthly minimum legal wages shall be authorised by a legitimate or dative adviser appointed in the same act of disable.
ARTICLE 37. DISABLED ADDRESS. The disabled person will set his or her home in accordance with the rules of the Civil Code. However, for those matters that are the subject of disablement, the counselor will also be the subject.
ARTICLE 38. REHABILITATION OF DISABLED. The Judge will decree the rehabilitation of the disabled at the request of the disabled person or his counselor, prior to the technical evaluations of his or her behavior. Between two (2) rehabilitation applications shall be at least six (6) months.
The failed one will have the right to obtain his/her rehabilitation when he/she has satisfied the debtors who were present in the contest.
ARTICLE 39. OPPOSITION TO REHABILITATION. The counselor and any of the persons empowered to promote the disablement process may oppose rehabilitation.
In any case, within the rehabilitation process, those who promoted the process that gave birth to the disablement will be cited.
It will be up to the judge to decide on the feasibility and grounds of the opposition.
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ARTICLE 40. COMPETITION RULES. 626 of Law 1564 of 2012. It governs from 1o. of January 2014. In the terms of the numeral 6) of article 627, see in Previous Legislation the current text up to this date >
ARTICLE 41. VIA PROCESS. 626 of Law 1564 of 2012. It governs from 1o. of January 2014. In the terms of the numeral 6) of article 627, see in Previous Legislation the current text up to this date >
ARTICLE 42. INTERDICTION AND REHABILITATION OF THE PERSON WITH ABSOLUTE MENTAL DISABILITY. 626 of Law 1564 of 2012. It governs from 1o. of January 2014. In the terms of the numeral 6) of article 627, see in Previous Legislation the current text up to this date >
ARTICLE 43. RECOGNITION OF THE TESTAMENTARY KEEPER. 626 of Law 1564 of 2012. It governs from 1o. of January 2014. In the terms of the numeral 6) of article 627, see in Previous Legislation the current text up to this date >
ARTICLE 44. REHABILITATION OF THE INTERDICT. 626 of Law 1564 of 2012. It governs from 1o. of January 2014. In the terms of the numeral 6) of article 627, see in Previous Legislation the current text up to this date >
ARTICLE 45. DISABLING AND REHABILITATION. 626 of Law 1564 of 2012. It governs from 1o. of January 2014. In the terms of the numeral 6) of article 627, see in Previous Legislation the current text up to this date >
