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1 DRAFT law No. 98/X changes the Civil registration code and repealing Decree-Law No. 13/2001 explanatory statement the right to personal identity, enshrined in paragraph 1 of article 26 of the Constitution of the Portuguese Republic, as a corollary of the principle of human dignity is the basis of the legal status of individuals, and constitutes, together with the right to primary health care and social protection , the affirmation of citizenship of the child, from the moment of your birth. So, our Constitution enshrines every person, singular and irreducible as an individual, is entitled to the name and the right to your "personal historicity", that is, to the knowledge of the identity of the parents, Foundation, for example, of the corresponding right to investigation of paternity or maternity. However, our legal system does not provide for procedures to ensure the accuracy of declarations of birth that are at the base of their registration, and this fundamentally dependent on the good faith of the declarants, or provides for the existence of a database that allows control of the number of births occurring in the national health units, enabling rapid identification of clinical and social risk situations in order to allow early intervention with these situations. In intervention policies and modernization of the legal framework of the protection of children and young people in danger, with a view to ensuring the full development of any child or young person, was approved by the Joint Decree No. 1004/2000, the Ministers of labor and solidarity, justice and health, the Regulation of the trial period the project Born Citizen, who, with the aim of identifying logo at birth the risk situations , promoted the registration of children immediately after birth, your from the maternity hospital in both civil registration, as in the health services and social security. 2 upon completion of the pilot phase was provided for the generalization of the project Born citizen throughout the country. However, although the project had a good acceptance on the part of the parents and get a general consensus about the importance and your need for all those participating in it, that purpose is over, without any reason, why be marooned. Decree-Law No. 13/2001, of 25 January, recognizing the need to adopt strategies and procedures, facilitating, shortly after birth, a touch of red tape with the civil registrar, make possible an early intervention in the areas of health, social protection has established a simplified regime, but optional, procedures for the registration of births occurring in health units , enabling parents to declare the birth on own health unit. Despite the initiatives taken in this area and the fact that the birth registration be required, remains the gap pointed to by the Ombudsman, in recommendation No 28/B/99, according to which "the legal regime of the civil register does not confer the necessary guarantee of truthfulness of declarations of birth", enabling the registration of birth of any person "(allowing not only to people without any connection to the newborn appearing as their parents , as that is the birth of a child that never existed) and ensuring that all births occurring in Portugal are declared for the purposes of civil registration ". In fact, no one knows specifically how many children are born in Portugal, if they are registered by their true parents, if living or not at risk, which facilitates the practice among us, the sale of children (cfr. News published in Expresso newspaper of April 2005 9 pages. 18-19cfr. and draft law No. 218/IX-Criminalization of the sale of children). With this proposal, it is intended, on the one hand, make binding the central objective of the project "Born Citizen", starting to develop the conditions for the implementation of the single Citizen Card, and on the other, comply with the Ombudsman's recommendation, in paragraph 28/B/99, making it compulsory to display of hospital's declaration certifying the birth there occurred for the purposes of civil registration and consecrating "at all times without exception, the obligation of the 3 establishments where births have occurred, communicate those births to civil registration." The present Bill arises, so, following the "consideration of motherhood as a natural fact whose legal recognition does not require an attitude of the mother", and whose underlying principle "to organize an unofficial procedure of ascertainment of links of affiliation" and what constitutes "sufficient expression of the aspirations of the truth, the principle of truth in biological son States" (cit. Oliveira , William, "On truth and fiction in the family law" in matters of family law. 12). Take advantage even to update the value of the fine payable by the breach of the obligation, for which the administrative offense take a deterrent effect and reflect the importance of the standard, created in response to the needs of society, and whose failure is behind the illegal. Thus, whereas in Portugal the legal regime of the birth registration: (i) is not suitable for the last order that continues to guarantee the right to identity and the legal certainty of individuals, allowing children and young people, whose birth was recorded, are victims of a deletion process; (ii) the principles of tariff simplification and de-bureaucratization, by requiring the relocation of the declarant to the competent registry office, making use of the means provided by modern technology, the undersigned Members of the parliamentary group of the Socialist Party, in order to achieve appropriate solutions to social reality and to ensure that all citizens, from the moment of birth , the right to primary health care and social protection and allow the accomplishment of the end of the civil registration, exhibit the following draft law: article 1 (amendments to the Civil registration code) articles 96, 102 and 295.º of the Civil registration code, approved by Decree-Law No. 131/95, of 6 June, amended by Decree-Law No. 36/97 , January 31, by Decree-Law No. 228 4/2001, of 20 August, and by Decree-Law No. 113/2002, of April 20, are replaced by the following: Article 96 (time and place)
1. The Declaration of birth occurred in private or public health unit is formalized under articles following and submitted, with a copy of the identification documents of the parents, by the services of the health unit, within five days from the date of the birth, to the competent civil registry. 2. The birth occurred in Portuguese territory out of public or private health facility must be declared orally within 20 days, in any civil registry, without prejudice to article 101 article 102 Special Requirements 1. (…) the) (...) b) (...) c) the date of birth, including, if possible, the exact time, in accordance, where appropriate, with the document issued by the health unit where the birth occurred, and signed by the doctor who attended the birth or who can prove; d) (…) e) (…) f) (…) 2. (…) 3. (…) 4. (…)
5 Article 295.º (Omission of Declaration of birth or death certificates) 1. People who, being obliged to declare or to refer to the civil registry office the birth or death of any person shall not do within the legal deadline are punished with a fine of 150 € to 400 €. 2. (…) 3. (…) 4. (…)
Article 2 (additions to the Civil registration code) Are added to the Civil Registry Code articles 96-, 96-B and 96-C, with the following wording: Article 96 (written statement of birth) 1. For the purposes of paragraph 1 of the preceding article parents declare, in the 24 hours after the birth, this fact in his own health unit, in printed legal model, to be approved by joint decree of the Ministers for labour and Social Security, justice and health. 2. The Declaration set out the elements indicated in number 1 of article 102, as well as the indication to indication of the competent registry office, pursuant to article 101(1) where the Declaration should be submitted. 3. The Declaration should be formalized and signed by any of the parents or the person named in al b) of the number 1 of article 97, with indication of the number, date and the issuer of the identity card, of an equivalent document issued by an authority of the countries of the European Union or of the Passport.
6 Article 96-B (unofficial Statement by the Health Unit) 1. Where the parents do not comply with the established in the previous articles, the health unit, where the birth occurs, declare the fact, according to the printed model approved by joint decree of the Ministers for labour and Social Security, justice and health, the Government of the respective area will plow the birth seat. 2. The Declaration set out, where possible, the name of the mother, with indication of the number, date and the issuer of their identity card, passport or an equivalent document issued by an authority of the European Union countries and the constant elements of linear b) to (d)) the number 1 of article 102. 3. The Registrant name is chosen in accordance with articles 103 and 108, being the surname of the mother. 4. Where it is not possible to determine the identity of the parents, or the conservative have doubts about your veracity is drawn up the seat of abandoned in accordance with article 107.
96-C (effects of registration) 1. Drafted the record of birth, declared pursuant to previous articles, should be passed in its newsletter and sent by the registry to the residence of those whose maternity and paternity are considered established. 2. When the Declaration of birth contains some deficiency or irregularity should the conservative perform the necessary steps to ensure that the birth is declared directly in the civil registry. 3. In the cases referred to in the previous article, the conservative, in order to ensure that the seat of birth contains all the elements referred to in article 102, send, within eight days of receipt of the respective Declaration of birth, simple letter to mother's residence, establishing a period of eight days to 7 change of name or last name of the Registrant and indicate the elements set out in art. 102. 4. Once the time limit referred to in the preceding paragraph, without any of the parents has been indicating the particulars referred to in the preceding paragraph, is drawn up the registration of birth being seat copy sent, for the purposes of paragraph 2 of article 113 and of paragraph 2 of article 119, to the residence of the mother and the husband of the mother and to the National Commission for the protection of children and young people at risk.
Article 3 is repealed Decree-Law No. 13/2001, of 25 January.
Assembly of the Republic, May 20 2005 Members
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