1577 OF 2012

(September 20)

Official Journal No. 48.559 of 20 September 2012

CONGRESS OF THE REPUBLIC

By means of which tax incentives and others are established, in order to adopt special measures for the rehabilitation and social inclusion of young people with a high degree of social emergency, gang members and youth violence.

THE CONGRESS OF THE REPUBLIC,

DECRETA:

ARTICLE 1o. OBJECT. This law aims to adopt measures for the Social Inclusion of young people with a high degree of social emergency, gang members, youth violence groups, in order to strengthen the social action of the State.

ARTICLE 2o. PLANES. In order to socialize and promote social inclusion referred to in article 1or this law, both the National Government and the departmental, district and municipal governments, They will be able to create special plans, programmes and incentives for this population, according to their particularities, through their respective Social Policy Councils. To this end, the authorities may include budget items for this purpose, in accordance with the budgetary resources, as well as with the expenditure framework of the respective sector.

For the purposes of the participation and grant of the above mentioned plans, programs and stimuli, the procedure referred to in Article 10 of this law shall be observed.

The Colombian Family Welfare Institute will be able to provide advice for the design of these plans, according to their competencies.

ARTICLE 3o. DEFINITIONS. For the purposes of this law, it is understood by:

Young people rehabilitated who have been linked to groups of violence: Adolescents and Youth, who have developed and completed rehabilitation processes and have been linked to groups of violence, for the neighborhood, age, vacancy, etc.

Young people in social emergency: Adolescents and young people who are in a condition of social vulnerability and lack of resilience or resilience but who are not yet linked to groups of violence.

Discriminatory conduct: It is unequal or unjustified treatment, by action or by omission, conscious or unconscious, which is found in the language of the norms or in institutional or social practices, generalized, and which is contrary to the constitutional values of human dignity and equality, resulting in the violation of human rights.

PARAGRAFO. For the purposes of this law, the age ranges referred to in the Civil Code, Article 3or Law 375 of 1997 and the article 3or Act 1098 of 2006.

ARTICLE 4. FUNCTIONS OF THE COLOMBIAN INSTITUTE OF FAMILY WELFARE. For the Social inclusion of young people with a high degree of social emergency, gangs and rehabilitated youth violence groups, the Colombian Institute of Family Welfare as an entity President of the National Family Welfare System, will seek the functional articulation of public and private entities according to their competence in the following actions:

1. Participate and provide technical assistance to the Social Policy Councils for the formulation of national, departmental, district and municipal plans for the social inclusion of young people with a high degree of social emergency, Rehabilitated from youth violence groups.

2. Promote joint and coordinated actions between the different sectors and institutions at the national, departmental, district and municipal levels to establish strategies and ensure access to recreation and inclusion in the education system young people with a high degree of social emergency, gangs and rehabilitated youth violence groups.

3. Coordinate actions with the National Learning Service, Sena, for training in productive activities, promoting the generation of employment as a tool for the social inclusion of young people with a high degree of social emergency, gangs and rehabilitated from youth violence groups.

4. Participate in the design and implementation of prevention strategies that will reduce the high degree of social emergency and the social phenomenon of youth violence groups.

5. Coordinate actions with the Ministry of National Education, in order to achieve the effective inclusion of the group that is the subject of this law to the National Education System.

6. Contribute in the promotion of educational stimuli in coordination with the Icetex, Public and Private Universities for the effective inclusion of the group under this law, the National Education System, in middle education and higher education.

7. To coordinate actions with the Ministry of Social Protection to achieve the effective inclusion of the group that is the subject of this law to the General System of Social Security.

8. Coordinate actions with the National Administrative Department of the Solidarity Economy-Dansocial-to promote the spirit and the creation of organizations of the Solidarity Economy of the group subject to this Law.

ARTICLE 5o. TERRITORIAL ENTITIES. The departments and municipalities, in coordination with the Colombian Family Welfare Institute, will promote the plans, programs and activities necessary for the social inclusion of young people with a high degree of emergency social, gangs and rehabilitated youth violence groups.

ARTICLE 6o. CREATE THE CENTER OF INVESTIGATION IN VIOLENCE AND JUVENILE DELINQUENCY. In order to build a Program of Research, Monitoring and Evaluation of Youth Violences and Crimes. The National Government will regulate the relevant to this article.

Public or Private Universities will be able to develop the Research, Monitoring and Evaluation of Youth Violences and Crimes, for which the National Government will allocate the necessary resources for this work.

ARTICLE 7o. GENERATION OF EMPLOYMENT. The entities of the National, Departmental, District and Municipal Order may conclude agreements, contracts and interadministrative agreements with entities and bodies that are responsible for the implementation of plans, programs and activities related to the objective of this law, in order to promote the generation of employment and to locate the young people who have completed their rehabilitation process.

ARTICLE 8o. MILITARY COMPENSATION FEE. To persons with a high degree of social emergency who are at levels 1, 2 and 3 of the Sisben, the provisions of Article 6or Law 1184 of 2008 shall apply to them.

ARTICLE 9o. REGULATIONS. The Colombian Family Welfare Institute, and District and Municipal Mayors will regulate the requirements that natural and legal persons interested in developing activities and programs have to comply with. rehabilitation of young people with a high degree of social emergency, gangs and/or rehabilitated groups of violence.

ARTICLE 10. MONITORING. The Colombian Family Welfare Institute, in coordination with the Ministry of Interior and Justice and the National Police, will periodically bring to the Criminal Policy Council a progress report and follow-up to the diagnosis. the actions and proposals presented, in relation to the situation of young people with a high degree of social emergency, gangs and linked to groups of violence.

ARTICLE 11. Procedure. To establish the condition of social emergency, and linked to groups of youth violence, the provisions of the First Book of the Administrative Code of Administrative Code will apply.

ARTICLE 12. PROHIBITION OF DISCRIMINATION AND PEDAGOGICAL SANCTIONS. The discriminatory conduct of this law shall be subject to the penalties imposed by the competent judicial authority in accordance with the existing regulations.

When it comes to a legal person, of a public or private nature, the sanction will be imposed on the directly responsible and, in the case of a subsidy, not being able to be individualized, to the legal representative.

In any case, if the conduct comes from a public servant, in addition to the possible sanctions established here, those disciplinary actions will be carried out after the procedure established in the Single Disciplinary Code.

ARTICLE 13. DISCRIMINATION. For the purposes of this law, they are discriminatory conduct towards the group under this law, among others, the following:

1. Do not provide timely and effective care to these young people by public officials and servants because of age, background, dress or speech.

2. Limiting the ways and practices associated with young people based on prejudices,

3. To oblige young people to adopt a special aesthetic as a requirement for access to public or private facilities, and of a public nature.

4. Include in co-living manuals and regulations provisions of a sanctioning nature because of the background and origin of these young people.

5. To impose on a young person a medical, psychological or psychiatric treatment due to their origin or background.

6. To prevent or restrict the participation of these young people in educational, recreational, cultural, artistic, intellectual, leisure and sports activities, on a level playing field, as well as not making accessible the places or scenarios in the which activities are carried out.

7. Pay a lower salary for those who have a similar job, paying attention to the age or origin of the worker or worker.

8. Not to facilitate the means, to avoid denying the interposition of the action of guardianship to authorities, dealing with cases of conscientious objection.

ARTICLE 14. VALIDITY. This law governs from its publication and repeals all rules that are contrary to it.

The President of the honorable Senate of the Republic,

ROY LEONARDO BARRIERS MONTEALEGRE.

The Secretary General of the honorable Senate of the Republic,

GREGORIO ELJACH PACHECO.

The President of the honorable House of Representatives,

AUGUSTO POSADA SANCHEZ.

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 September 20, 2012.

JUAN MANUEL SANTOS CALDERÓN

The Minister of Finance and Public Credit,

MAURICIO CARDENAS SANTA MARIA.

The Minister of Health and Social Protection,

ALEJANDRO GAVIRIA URIBE.