Read the untranslated law here: http://www.asamblea.gob.sv/eparlamento/indice-legislativo/buscador-de-documentos-legislativos/ley-de-desarrollo-y-protecion-social/archivo_documento_legislativo
1 DECREE No. 647
THE LEGISLATURE OF THE REPUBLIC OF EL SALVADOR, CONSIDERING
I.- in accordance with the Constitution, the human person is the origin and purpose of the State activity, which is organized for the attainment of justice, legal certainty
and the common good; therefore it is the duty of this ensure that the inhabitants of the Republic enjoy liberty, health, culture, economic welfare and social justice.
II.- same way the Constitution provides that everyone has the right, among others, to life, to physical and moral integrity, work, property and
possession, and to be protected in the preservation and defense of them.
III.- to meet the above principles, it is desirable to establish a
social policy, as an adjunct to economic and social development of the human factor, which seeks an appropriate distribution of the benefits of national development aimed at reducing inequality factors; so, to place human beings and their family groups in the foreground
IV.- That the objectives of economic and social development, should be transformed into concrete
, so it is necessary to define how they will be implemented; financing and implementation; establishing political responsibility of the State and actors to generate such guarantees.
in exercise of its constitutional powers and initiative of the President of the Republic, through the Ministers of Education and Health; and with the support of and Deputies: Antonio Gallegos Guillermo Navarrete, José Francisco Merino Lopez, Guadalupe Lorena Peña Mendoza, Sandra Marlene Garcia Salgado,
Irma Vasquez Lourdes Palacios, Francisco José Zablah Safie, Ana Marina Alvarenga Barahona, Abel Cabezas Barrera, Edmundo Cabrera Yohalmo Chacon, Dario Alejandro Argueta Girls, Valentin Aristides Corpeño, Carlos Cortez Hernandez, Blanca Coto Noemi Estrada, Alma Rosa Cruz Sailor, Raul Omar
Cuellar, Nery Arely Diaz de Rivera, Nidia Diaz, Antonio Echeverria Veliz, Omar Arturo Escobar Oviedo, Emma Julia Fabian Hernandez, Juan Manuel de Jesus Flores Cornejo, Flores Santiago Alfaro, Cesar Humberto Garcia Aguilera, Jesus Great, Jose Armando Peña Grande, Norma Guevara Ramirios Fidelia,
Jose Wilfredo Guevara Diaz, Carlos Walter Guzman Coto, Yanet Hernandez Estela Rodriguez, Rafael Antonio Jarquín Larios, Benito Antonio Lara Fernandez, Audelia Kleutgens Guadalupe Lopez, Reynaldo Antonio López Cardoza, Rodolfo Antonio Martinez, Francisco Guillermo Mata Bennett, Misael Mejia Mejia, Juan Carlos Mendoza
Portillo, José Gabriel Murillo Duarte, Sigifredo Ochoa Perez, Guillermo Antonio Olivo Mendez, Orestes Fredesman Ortez Andrade, Mario Antonio Ponce Lopez, Santos Adelmo Rivas Rivas, Lorenzo Rivas Echeverria, Jackeline Noemi Rivera Avalos, David Rodriguez Rivera, Sonia Margarita Rodríguez Siguenza, Rodrigo Samayoa Rivas Karina Ivette Sosa Lara, Manuel Rigoberto Soto Lazo,
Gilberto Valdez Jaime Hernandez, Ramon Aristides Valencia Arana, Guadalupe Vasquez Martinez and Ciro Antonio Zepeda Alexis.
DECREES the following:
LAW AND SOCIAL DEVELOPMENT CHAPTER I PROTECTION
General Provisions SECTION ONLY
Purpose of the Act, Purpose and Principles
Art Object . 1. This Act is to establish the legal framework for human development, social protection and inclusion
, to promote, protect and ensure compliance with the rights of individuals.
The state will be the guarantor of its implementation with a focus on human rights, ensuring that
population has access to basic resources for meeting and exercise their rights and fulfill their duties.
Scope Art. 2. This Law to apply the entire population, especially those living in poverty, vulnerability, exclusion and discrimination, prioritizing girls and boys, women, youth, the elderly, people with disability, abandoned,
indigenous peoples and all those who do not fully enjoy their rights. Objectives
Art. 3. This Act has the following objectives:
a) guarantee the enjoyment of economic, social, cultural and environmental rights of the population;
B) Establish strategic lines for development, protection and social inclusion;
C) Contribute to any person human enjoyment of the right to a continuous improvement of their living standards;
D) To contribute to a better distribution of national income, a decrease
inequality and sustained poverty reduction;
E) Contribute to expand the productive capacities of society in all areas, with an emphasis on micro and small enterprises and cooperative sectors;
F) Progressively reduce gender inequality and progress towards substantive equality between women and men;
G) sustained contribute to reducing inequality gaps between the inhabitants of rural and urban way;
H) To combat all forms of discrimination and social exclusion, promoting equal opportunities for the development of the human person and establishing policies for increasing equity achievement results;
I) Ensure the population, a wide, safe and adequate social protection, from a rights perspective, especially the most vulnerable population
conditions and greater condition of poverty, exclusion and social inequality; and
j) Establish mechanisms and procedures for the strategic management of social policy, effective coordination and institutionalization. Principles
Art. 4.- This Act shall be governed by the following principles:
a) Common Good;
C) Social Equity;
E) Social Equality;
F) Substantive equality between women and men;
G) Distributive Justice;
J) Citizen Participation;
L) Respect for cultural diversity;
M) Solidarity; and
Concepts and Definitions Art. 5. For the purposes of this Act the following concepts and definitions are established:
Common Good: The sum of the living conditions that allow and promote human beings their individual and collective integral development, where it can not nobody excluded, arguing belonging to nation, religion, sex, race, political opinion or social position.
Continuity: Refers to the duration or permanency of development of social policy, with the aim of transcending policies and programs of government policies and programs of state.
Social Equity: Overcoming all forms of inequality, social exclusion or subordination, based on gender roles
, age, physical characteristics, ethnicity, sexual preference, national origin, disability, or any other religious practice.
Enforceability: The right of all persons to request, within the framework of the policy and program rules, access and enjoyment of the rights of individuals.
Social Equality: This is the main objective of social policy and is expressed in the continuous improvement
distribution of wealth, income, opportunities and reducing the gaps between individuals, families, social groups , territories and by sex and age groups.
Substantive Equality between Women and Men: The full equal rights, opportunities and outcomes between women and men, the elimination of all forms of inequality, exclusion or
subordination based on gender roles and stereotypes, which ensures new relationship of social coexistence between women and men, devoid of relations of domination or stigmatization by sex.
Distributive Justice: Applying equitable social programs, prioritizing the needs of groups in poverty, exclusion and social inequality.
Freedom: It is the natural right of human beings to express themselves and make decisions with respect to
lifestyle, beliefs, values and modes of knowledge, which makes it responsible for his actions according to the Universal values.
Multidimensional Poverty Measurement: The measurement of poverty that incorporates several dimensions of human development and on the recognition of human rights as the expression of
needs, values, interests and assets which by their urgency and importance have been considered fundamental and common to all people.
Non-discrimination: The right of individuals, families and communities, not to suffer denial, exclusion, distinction, impairment, disability or restriction of one or more human rights
derived from their nationality, race, sex , religion, indigenous identity and gender, age, disability, legal, social or economic status, physical appearance, health conditions or any other resulting in violation of the rights of individuals.
Citizen Participation: The right of individuals, communities and organizations to participate in the design, monitoring, implementation and evaluation of social programs in the field of
bodies and procedures established for this.
Poverty: The deprivation of resources, capabilities and effective access of individuals to enjoy their rights and have a continuous improvement of their living standards.
Escalation: policy development, social inclusion and protection seeks to achieve broader indicators of well-being by increasing the scope of programs and utilities, the
quality and magnitude of the benefits and entitlements and the depth in the exercise of social, economic, cultural and environmental rights.
Respect for Cultural Diversity: Recognition of the multicultural status of Salvadoran society and social diversity of the country that assumes the challenge of building social equality in the context of difference
Solidarity is a fundamental value required to unite the members of a society, in order to carry out coordinated actions aimed at the realization of equality and justice.
Universality: The access of the population to the exercise of social, economic, cultural and environmental, inclusion, equal opportunities, non-discrimination and increasing quality of life for the inhabitants.
CHAPTER II Policy and Development Plan, Protection, Inclusion and Social Investment and Citizen Participation
Section I of the Policy Development, Social Protection and Inclusion Orientation
Art . 6. To achieve the objectives of this Act, coordinating mechanisms, intersectoral coordination and complementarity of actions with all municipalities respecting their responsibilities, autonomy and public institutions and those with citizenship must be established.
The social policy of the state, from the perspective of human rights must be indivisible, interdependent and integral.
Art Composition. 7. The legal framework for social policy for human development, consists of three components:
a) Economic and social development;
B) social protection; and
c) Social Inclusion.
The aforementioned components are interrelated and are complementary to each other.
Component of Economic Development and Social
Art. 8. The component of economic and social development proposed to ensure the enjoyment of the rights
constitutional protection that this Law and the progressive achievement of welfare for the entire population.
Social Protection Component Art. 9. This component seeks to protect people against the various risks and challenges
throughout their life cycle and reduce the conditions that generate vulnerability, in accordance with the provisions in Article 2 of this Act.
Social Inclusion Component Art. 10. The component of social inclusion searching
a) Eliminate inequality gaps because of age, sex, religion, indigenous identity,
gender, disability and nationality;
B) eliminate discriminatory social and institutional practices that deny, limit,
prevent or undermine the dignity, the right to equal opportunity and treatment for all people; and
c) To promote a culture of peace and recognition of diversity and democratic values.
Address Policy Art. 11. Social policy is directed by the Presidency of the Republic, which must take into account the parameters laid down in this Act
Development Plan Development Plan, Protection and Social Inclusion. | || Art. 12. In the first half of each presidential term, should formulate and present the Development Plan, Protection and Social Inclusion, its objectives and purposes must be consistent with the General Plan of the Government and as a framework for social programs
to be defined and implemented.
Development Plan, Protection and Social Inclusion must be approved by the President of the Republic
Consultation and Participation Art. 13. The Development Plan, Protection and Social Inclusion should be formulated so
participatory, ensuring wider consultation and social deliberation, in all municipalities and departments. Content
Art. 14. The Development Plan, Protection and Social Inclusion shall include the following:
a) Assessment of the social situation;
B) Main causes of the problems identified;
C) strategic and specific objectives;
E) Alternative solutions;
F) Monitoring and evaluation;
G) Mechanisms for intersectoral coordination and social participation; and
h) Mechanisms for transparency and accountability procedures.
Operating Rules Programs
Art. 15. All programs running must be harmonized with the Development Plan, Protection and Social Inclusion and have their respective document
conceptual design and operating rules, which will be approved by the responsible agency or institution, which will give proper dissemination.
The Regulations of this Law shall specify the content of each of the programs. Diffusion
Art. 16. The document conceptual design and operating rules and participation requirements of each program will be publicly accessible. SECTION III
Social Investment Social Investment composition
Art. 17. For the purposes of this Act, be deemed to social investment are the resources allocated by the Executive Branch and municipal development, protection and social inclusion,
through State institutions responsible programs , for which the corresponding budget item be established.
Budget Art. 18. The Executive Branch, through the Council of Ministers will ensure that in the draft budget to send to the Legislature, social investment is planned, wherever possible, exceeding the previous year real terms, taking into account the economic and financial situation of the country from a perspective
progressivity and maximum mobilization of available resources. Prioritization Criteria
Art. 19. In the structure of social investment budget, from a perspective of
escalation and universality, should be prioritized spending for the provision of direct services to the population, seeking to improve the quality of goods and services, extending the benefits you receive, as well as maintenance, rehabilitation and equipment of social infrastructure. SECTION IV
Citizen Participation, Deliberation and Citizen Participation Social Dialogue
Art. 20. The development policy, social protection and inclusion is participatory so it should promote and facilitate mechanisms for intervention of society in the formulation, monitoring, monitoring and evaluation
Institutions and Procedures for Participation
Art. 21. The mechanisms for citizen participation will take place through the institution
that the Presidency of the Republic determines, which take place in the Regulation of this Law.
Participation Coordination Art. 22. The coordinating institution will establish local and departmental authorities for citizen participation, in order to point out local priorities for social investment, to monitor the implementation of policies and social programs and make proposals for creation, modification or reorientation
CHAPTER III National Development System and Social Protection
SECTION I Establishment of System and General
Art Creation. 23. Create the National Development System Protection and Social Inclusion hereinafter it may be called the "System", whose purpose will be to coordinate the implementation and enforcement of social policy.
Art Direction and Composition. 24. The system will be led by the Presidency of the Republic, and will consist of the holders or the representatives of the branches of: Finance, Health, Education, Economy, Housing and Urban Development
, Labour and Social Welfare, agriculture and other determined by the Presidency of the Republic.
Coordinating Institution Art. 25.- The President of the Republic shall designate the public institution coordinator system.
Powers Art. 26. The coordinating institution shall have the following powers:
a) Develop the proposed Development Plan, Protection and Social Inclusion;
B) Propose priorities in the composition and distribution of the available budgetary resources;
C) Coordinate annually with the agencies involved, the formulation of the budget proposal for the Development Plan, Protection and Social Inclusion and submit it to the appropriate authorities;
D) To coordinate, monitor and issue guidelines that ensure accurate, timely, effective and efficient implementation of programs that make up the Social Protection Sub System;
E) To propose to the President of the Republic the measures it deems necessary for the strengthening, deepening, correction and reorientation of social policy;
F) Manage, through the Ministries of Foreign Affairs or the Treasury, resources of international cooperation to complement the efforts of the State in social investment
G) Liaising for participation, deliberation, consultation and social dialogue and establish municipal and departmental consultation spaces.
11 SECTION II
subsystem Programme Coordination
Art. 27. The System will feature a Universal Social Protection Subsystem, hereinafter the sub-system, which will be the instance of governmental coordination of social protection programs
to provide security to people facing risks and challenges They face in the life cycle, particularly for those who lack social security tax and those found in conditions of economic, social and environmental vulnerability.
Art Management Subsystem. 28.- Social Protection Subsystem Universal, will be led by the President of the Republic and coordinated through the government institution will determine.
Escalation Art. 29.- Subsystem programs and actions in the pursuit of universality will be expanded, from a perspective of gradual escalation and to guarantee the rights of all people
Art subsystem integration. Subsystem form part 30.- the following programs and actions:
a) solidarity, urban and rural communities;
B) Provision of uniforms, shoes and school supplies;
C) Food and school health;
D) Glass of milk;
E) Program Temporary Income Support;
F) City Woman;
G) Our Seniors Rights;
H) Pension Universal Basic;
I) Family Farming Program;
J) agricultural Packages;
k) and universal access to comprehensive, free public health coverage;
L) Access and housing improvement;
M) basic social infrastructure;
N) comprehensive early childhood care; and
o) Other deemed necessary. Adding New Programs
Art. 31.- The President of the Republic may incorporate new programs
Subsystem or modify existing ones, according to the needs that arise and considering the state budget availability. Consistency and Complementarity
Art. 32. Subsystem programs, as well as those who are available, they should be supplemented and comply with the principles set out in this Law, which should be reflected in the document
design and operation rules. Coverage and Targeting
Art Subsystem. 33. When, for duly justified reasons, not possible universality,
targeting of programs serve as a tool to ensure differentiated services, according to the specific needs and gaps of inequality in the population. SECTION III
Identification Beneficiaries Beneficiaries
Art. 34. There should be a mechanism for identifying individuals eligible for cash transfers or in kind, which must ensure objectivity and transparency in the operation of programs.
Rights of beneficiaries Art. 35. The beneficiaries of social programs have the following rights:
a) To receive appropriate, adequate and timely information in clear language by means
accessible on the characteristics of the programs and mechanisms of access to them;
B) Receive a kind and respectful treatment and expedited attention by public servants;
C) Understanding the mechanisms of citizen participation and complaint for breach of programs;
D) To propose the creation, modification or correction of programs, and receive feedback;
E) Access and use services offered by public institutions within the program in which they participate;
F) To receive equal treatment free of discrimination;
G) To participate in the program in an environment free of violence, sexual harassment and any
kind of abuse of authority; and
h) To enjoy the protection and confidentiality of personal data.
Program Review Art. 36. Each year maximum, in compliance with the recommendations resulting from internal and external evaluations
, the composition should be reviewed to determine Subsystem modifications to existing programs. SECTION IV
Intersectoral Committee Constitution and Composition of the Intersectoral Committee
Art. 37. For operation of the subsystem, an intersectoral committee, which will be composed of the heads of the institutions running programs within the system, or its delegate
decision makers settle.
The committee will be chaired by the person determined by the President of the Republic.
Powers of the Intersectoral Committee Art. 38.- will determine the functions of the Intersectoral Committee in the Regulation of this Law, and the convening and frequency of meetings.
Assessment Programs Art. 39. Social policy and programs that make it up are subject to continuous, rigorous and objective, from the rights approach and results generation in order to strengthen it, correct or redirect evaluation.
CHAPTER IV Multidimensional Poverty and Inequality Gaps SECTION
single definition, purpose, principles and criteria
Purpose Art. 40.- The National System Development, Protection and Social Inclusion is one of the instruments
for overcoming poverty from the perspective of human rights. Measurements
Poverty and Inequality Art. 41. The purpose of the measurements is to produce reliable information as input for the formulation and evaluation of public policies. Principles
Art. 42. The multidimensional measurement of poverty should be public and transparent; also be based on a human rights approach, be comprehensive and have technical rigor. Criteria
Art. 43. The multidimensional measurement of poverty should include indicators consistent with the principle of progressive and the highest possible level of development and international best practices. Measurement Methodology
Art. 44. The Presidency of the Republic, through the coordinating institution of the National System Development, Protection and Social Inclusion, create an instance of technical advice, responsible for developing the methodology for measuring poverty and inequality, both
in their homes as territorial dimension, in coordination with the Department of Statistics and Census.
The measurement of poverty and inequality will be developed by the Department of Statistics and Census.
Art. 45. The instance of technical advice established in the previous article, shall be composed of professionals with extensive knowledge in the field of multidimensional poverty measurement.
Is seek gender parity in its composition.
The Regulations of this Law functions, composition and method for integrating
instance technical advice will be specified.
Dimensions of Poverty Art. 46. - For the measurement of poverty should be used, at least the dimensions of income per capita household
, access to food, education, health, employment, social security, housing and basic services.
The definition of indicators will be under proposal instance technical assistance, in coordination with the Department of Statistics and Census.
Territorial Measurement and inequality gaps
Art. 47. The territorial measurement of poverty and inequality gaps are fundamental tools for prioritization in addressing needs of individuals, families and communities
; as well as for the design of policies and programs for the different municipalities of the country and reducing inequality gaps. Frequency
Art. 48. The measurement of poverty will be annual and territorial measurement and inequality gaps will be updated every two years.
Art Progress Report. 49. Each year the coordinator instance, issue a report to the Legislature on the degree of progress in the enjoyment of social rights in the country, incorporating criteria:
a) Definition of the minimum content of the right;
C) participation mechanisms;
D) Maximum mobilization of available resources; and
e) Access and accessibility to information and transparency. CHAPTER V
Transparency, Accountability and Final Provisions SECTION
sole obligation Transparency Transparency Obligations for Social Programs
Art. 50. Under the Law on Access to Public Information and to strengthen the transparency and accountability of development policy, social protection and inclusion, will be publicly available at least the following: || | a) the results of the consultations for the preparation of the Social Agenda;
B) The results of evaluations and recommendations to political and social programs;
C) The conceptual design and rules of operation of each of the social programs;
d) The aggregate information records of the beneficiaries of programs
Money transfers or material goods, provided they do not contain information relating to confidential data; in any case, the rules of statistical confidentiality will be respected. Integration
Technical Art Instance. 51. The integration of the instance of technical assistance provided for in Article 44 of this Act shall be made in a period not exceeding 60 days as of its effective date. Effective
Art. 52. This Act shall come into force eight days after its publication in the Official Journal
GIVEN IN THE BLUE ROOM OF THE LEGISLATIVE PALACE: San Salvador, three
day of April in the year two thousand and fourteen.
OTHON Sigfrido Reyes Morales,
LUIS VALDEZ ENRIQUE ALBERTO SOTO, GUILLERMO ANTONIO NAVARRETE GALLEGOS, FIRST VICE. SECOND VICE PRESIDENT.
MERINO JOSE FRANCISCO LOPEZ, FRANCISCO ROBERTO DURAN LORENZANA, THIRD VICE. FOURTH VICE.
CARLOS ARMANDO REYES RAMOS, FIFTH VICE.
PEÑA LORENA GUADALUPE MENDOZA, MENJIVAR VICENTE MANUEL ESQUIVEL, First Secretary. Second Secretary.
SALGADO SANDRA MARLENE GARCIA, JOSE RAFAEL MACHUCA Zelaya, Third Secretary. Fourth secretary.
IRMA VASQUEZ PALACIOS LOURDES, ERNESTO ANTONIO ANGULO MILE, QUINTA Secretariat. SIXTH SECRETARY. JOSE FRANCISCO
ZABLAH SAFIE, ORANTES SERAFIN JOSE RODRIGUEZ,
SEVENTH SECRETARY. EIGHTH SECRETARY.
PRESIDENTIAL HOUSE: San Salvador, the ninth day of April in the year two thousand and fourteen.
Published, Carlos Mauricio Funes Cartagena
, President of the Republic.
Franzi Hasbún Barakeh, Ad-Honorem Minister of Education.
Maria Isabel Rodriguez Vda. Sutter, Minister of Health.
OJ No. 68 Volume No. 403 Date: April 9, 2014 RELATED PROVISIONS
SPECIAL PROVISIONS AND TRANSITION TO ACQUIRE coffee plants nurserymen AND RELATED SERVICES TRANSFERS, WITHDRAWAL,
SURVEILLANCE AND DISTRIBUTION OF THE SAME AND TAX eXEMPTION TRANSFER OF MOVABLE AND SERVICING. DL No. 899, 12 DECEMBER 2014; OJ No. 238, T. 405, 19 DECEMBER 2014 (Expires: 12/31/15)
SPECIAL PROVISIONS AND TRANSITION FOR RELEASE TO
MINISTRY OF AGRICULTURE AND LIVESTOCK OF PAYMENT OF TAX TRANSFER OF MOVABLE AND SERVICING, PURCHASE OPERATIONS IMPROVED BEAN SEED, SEED || | CERTIFIED CORN AND AGRICULTURAL INPUTS, UNDER THE PROGRAM PACKAGES FAMILY FARMING AND AGRICULTURAL. DL No. 900, 12 DECEMBER 2014
OJ No. 238, T. 405, 19 DECEMBER 2014 (Expires: 31/12/15)
SPECIAL PROVISIONS AND TRANSITIONAL EXEMPTION FOR AL | || MINISTRY OF AGRICULTURE AND LIVESTOCK OF PAYMENT OF TAX TRANSFER OF MOVABLE AND SERVICING, IN BUYING OPERATIONS CERTIFIED SEED VARIETY
rust resistant, SERVICES LABORATORY TESTS, AND OTHER FUNGICIDES RELATED TO COMBAT rUST. DL No. 951, 11 MARCH 2015
OJ No. 53, T. 406, 18 MARCH 2015 (Expires: 12/31/15)
SPECIAL PROVISIONS AND TRANSITIONAL EXEMPTION FOR THE MINISTRY OF AGRICULTURE AND LIVESTOCK OF PAYMENT OF TAX
TRANSFER OF MOVABLE AND SERVICING, IN PURCHASING OPERATIONS IMPROVED BEAN SEED, CERTIFIED SEED CORN, AND AGRICULTURAL INPUTS, UNDER THE PROGRAM | || FAMILY AGRICULTURAL AGRICULTURE AND PACKAGES. DL No. 251, 21 January 2016, OJ No. 26, T. 410, 8 FEBRUARY 2016 (Expires: 31/12/16)
SPECIAL PROVISIONS APPLICABLE TO TEMPORARY AND MINISTRY OF AGRICULTURE
ACQUISITION AND LIVESTOCK FOR COFFEE TO PLANTS AND HIRING nurserymen RELATED SERVICES TRANSFERS, WITHDRAWAL, MONITORING AND DISTRIBUTION OF THE SAME AND eXEMPTION FROM TAX
TRANSFER OF MOVABLE AND SERVICING IN SUCH PROCUREMENT. DL No. 325, 1 APRIL 2016
OJ No. 72, T. 411, 20 APRIL 2016 (Expires: 31/12/16)
JQ / geg 26/05/2014 | 02.12.15 SP
FN SP 12/02/15 04/23/15
GM SV 04/03/16 11/05/16
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