Page 1

LAW OF COMPREHENSIVE PROTECTION OF THE RIGHTS OF GIRLS, BOYS AND ADOLESCENTS
Law 26.061
General disposition. Object. Principles, Rights and Guarantees. Comprehensive Protection System for the Rights of Girls, Boys and Adolescents. Administrative Bodies for the Protection of Rights.
Financing. Complementary provisions.
Sanctioned: September 28, 2005
Promulgated in Fact: October 21, 2005
The Senate and Chamber of Deputies
of the Argentine Nation meeting in Congress,
etc. sanctioned with force of
Law:
TITLE I
GENERAL DISPOSITION
ARTICLE 1 - PURPOSE. The purpose of this law is the comprehensive protection of the rights of girls, boys and adolescents who are in the territory of the Argentine Republic, to guarantee the full, effective and permanent exercise and enjoyment of those rights.
recognized in the national legal system and in international treaties to which the Nation is a party.
The rights recognized here are guaranteed by their maximum enforceability and supported by the principle of the best interests of the child.
The omission in the observance of the duties that hereby correspond to the governmental organs of the State enables every citizen to file administrative and judicial actions in order to restore the exercise and enjoyment of such rights, through
expeditious and effective measures.
ARTICLE 2 - MANDATORY APPLICATION. The Convention on the Rights of the Child is of mandatory application in the conditions of its validity, in any act, decision or administrative, judicial measure or of any nature that is adopted with respect to
people up to eighteen years of age. Girls, boys or adolescents have the right to be heard and cared for in whatever way they manifest themselves, in all areas.
The rights and guarantees of the subjects of this law are of public order, inalienable, interdependent, indivisible and uncompromising.
ARTICLE 3 - SUPERIOR INTEREST. For the purposes of this law, the best interests of the girl, boy and adolescent are understood to be the maximum, comprehensive and simultaneous satisfaction of the rights and guarantees recognized in this law.
Must respect:
a) Your status as a subject of law;
b) The right of girls, boys and adolescents to be heard and that their opinion be taken into account;
c) Respect for the full personal development of their rights in their family, social and cultural environment;
d) Their age, degree of maturity, capacity for discernment and other personal conditions;
e) The balance between the rights and guarantees of girls, boys and adolescents and the demands of the common good;
f) Its center of life. Life center is understood to be the place where the girls, boys and adolescents have spent most of their existence in legitimate conditions.
This principle governs in matters of parental authority, guidelines to which the exercise of the same will be adjusted, filiation, restitution of the child, the girl or the adolescent, adoption, emancipation and all circumstances related to the previous ones, whatever the area where it should be.
perform.
When there is a conflict between the rights and interests of girls, boys and adolescents compared to other equally legitimate rights and interests, the former shall prevail.
ARTICLE 4 - PUBLIC POLICIES. Public policies for children and adolescents will be prepared according to the following guidelines:
a) Strengthening the role of the family in making the rights of girls, boys and adolescents effective;
b) Decentralization of the enforcement agencies and the specific plans and programs of the different policies for the protection of rights, in order to guarantee greater autonomy, agility and effectiveness;
c) Associated management of government agencies at different levels in coordination with civil society, with training and permanent supervision;
d) Promotion of local intersectoral networks;
e) Promote the constitution of organizations and bodies for the defense and protection of the rights of girls, boys and adolescents.
ARTICLE 5 - GOVERNMENT LIABILITY. The State Bodies have the non-delegable responsibility of establishing, controlling and guaranteeing compliance with federal public policies.
In the formulation and execution of public policies and their provision, it is a priority for State Bodies to always keep in mind the best interests of the persons subject to this law and the privileged allocation of public resources that guarantee them.
Any action or omission that opposes this principle constitutes an act contrary to the fundamental rights of girls, boys and adolescents.
The public policies of the State Bodies must guarantee the exercise of the rights of girls, boys and adolescents with absolute priority.
The absolute priority implies:
1.- Protection and assistance in any circumstance;
2.- Priority in the enforceability of legal protection when their rights collide with the interests of adults, private or public legal persons;
3.- Preference in the attention, formulation and execution of public policies;
4.- Privileged allocation and intangibility of the public resources that guarantee them;
5.- Preference for care in essential services.
ARTICLE 6 - COMMUNITY PARTICIPATION. The Community, for reasons of solidarity and in the exercise of participatory democracy, must and has the right to be an active part in achieving full and effective enforcement of the rights and guarantees of girls,
children and adolescents.
ARTICLE 7 - FAMILY LIABILITY. The family is primarily responsible for ensuring girls, boys and adolescents the full enjoyment and effective exercise of their rights and guarantees.
The father and mother have common and equal responsibilities and obligations regarding the care, development and comprehensive education of their children.
State agencies must ensure appropriate policies, programs, and assistance so that the family can adequately assume this responsibility, and so that parents assume, under equal conditions, their responsibilities and obligations.
TITLE II
PRINCIPLES, RIGHTS AND GUARANTEES
ARTICLE 8 - RIGHT TO LIFE. Girls, boys and adolescents have the right to life, to its enjoyment, protection and to obtaining a good quality of life.
ARTICLE 9 - RIGHT TO DIGNITY AND PERSONAL INTEGRITY. Girls, boys and adolescents have the right to dignity as subjects of rights and of developing people; not to be subjected to violent, discriminatory, humiliating treatment,
humiliating, intimidating; not to be subjected to any form of economic exploitation, torture, abuse or neglect, sexual exploitation, kidnapping or trafficking for any purpose or in any cruel or degrading form or condition.
Girls, boys and adolescents have the right to their physical, sexual, mental and moral integrity.
The person who becomes aware of mistreatment, or of situations that threaten the mental, physical, sexual or moral integrity of a child or adolescent, or any other violation of their rights, must notify the local authority of application of the
present law.
State agencies must guarantee free assistance and comprehensive care programs that promote the recovery of all girls, boys and adolescents.
ARTICLE 10. - RIGHT TO PRIVATE LIFE AND FAMILY PRIVACY. Girls, boys and adolescents have the right to privacy and intimacy in and in family life.
These rights cannot be the object of arbitrary or illegal interference.
ARTICLE 11. - RIGHT TO IDENTITY. Girls, boys and adolescents have the right to a name, to a nationality, to their language of origin, to the knowledge of who their parents are, to the preservation of their family relationships in accordance with the
law, to the culture of their place of origin and to preserve their identity and idiosyncrasy, except for the exception provided in articles 327 and 328 of the Civil Code.
The State Bodies must facilitate and collaborate in the search, location or obtaining of information from the parents or other relatives of the girls, boys and adolescents, facilitating their family reunion or reunion. They have the right to know their parents
biological, and to grow and develop in their family of origin, to maintain a regular and permanent personal and direct bond with their parents, even when they are separated or divorced, or if any of them are subject to a criminal complaint or sentence,
Unless said bond threatens or violates any of the rights of girls, boys and adolescents established by law.
In any situation of institutionalization of parents, State Bodies must guarantee to girls, boys and adolescents the bond and direct and permanent contact with them, provided that it does not contradict the best interests of the child.
Only in cases where this is impossible and exceptionally will they have the right to live, be raised and develop in an alternative family group or have an adoptive family, in accordance with the law.
ARTICLE 12. - STATE GUARANTEE OF IDENTIFICATION. REGISTRATION IN THE REGISTRY OF THE STATE AND CAPACITY OF PEOPLE. State Bodies must guarantee simple and fast procedures so that newborns are
identified in a free, mandatory, timely manner and immediately after their birth, establishing the filial bond with the mother, in accordance with the procedure provided in Law No. 24,540.
In the absence of a document that proves the identity of the mother or father, the State Bodies must arbitrate the necessary means to obtain the mandatory identification set forth in the previous paragraph, a circumstance that must be taken into account
especially taken into account by the regulation of this law.
It must facilitate the adoption of specific measures for the free registration in the Registry of the State and Capacity of the People, of all those adolescents and mothers, who have not been registered in a timely manner.
ARTICLE 13. - RIGHT TO DOCUMENTATION. Undocumented girls, boys, adolescents and mothers have the right to obtain public documents that prove their identity, in accordance with current regulations and under the terms that
establishes the procedure provided for in Law No. 24,540.
ARTICLE 14. - RIGHT TO HEALTH. State Bodies must guarantee:
a) Access to health services, respecting the family and cultural guidelines recognized by the family and the community to which they belong, provided that they do not constitute a danger to their life and integrity;
b) Comprehensive assistance, rehabilitation and integration programs;
c) Programs of attention, orientation and assistance directed to his family;
d) Permanent campaigns for the dissemination and promotion of their rights aimed at the community through the media.
Every health institution must give priority to girls, boys and adolescents and pregnant women.
Girls, boys and adolescents have the right to comprehensive health care, to receive the necessary medical assistance and to have equal access to services and actions for prevention, promotion, information, protection, early diagnosis,
timely treatment and recovery of health.
ARTICLE 15. - RIGHT TO EDUCATION. Girls, boys and adolescents have the right to free public education, taking into account their integral development, their preparation for the exercise of citizenship, their training for democratic coexistence and the
work, respecting their cultural identity and language of origin, their freedom of creation and the maximum development of their individual skills; strengthening the values ​of solidarity, respect for human rights, tolerance, cultural identity and conservation of the
environment.
They have the right to access and stay in an educational establishment close to their residence. In the case of lacking documentation that proves their identity, they must be provisionally registered, and the State Bodies must arbitrate the means
intended for the urgent delivery of this document.
For no reason may access to education be restricted, having to deliver the corresponding certification or diploma.
Girls, boys and adolescents with special abilities have all the rights and guarantees enshrined and recognized by this law, in addition to those inherent to their specific condition.
The Bodies of the State, the family and society must ensure the full development of their personality to the maximum of their potential, as well as the enjoyment of a full and dignified life.
ARTICLE 16. - FREE OF EDUCATION. Public education will be free in all state services, levels and special regimes, in accordance with the provisions of the current legal system.
ARTICLE 17. - PROHIBITION OF DISCRIMINATION BY STATUS OF PREGNANCY, MATERNITY AND PATERNITY. Public and private educational institutions are prohibited from imposing, for reasons of pregnancy, maternity or paternity, corrective measures or
disciplinary sanctions for girls, boys and adolescents.
The State Bodies must develop a system conducive to allowing the continuity and completion of the studies of girls, boys and adolescents.
The woman deprived of her liberty will be specially assisted during pregnancy and childbirth, and will be provided with the material means for the adequate upbringing of her child while he remains in prison, facilitating communication with his family for the purpose.
to promote their integration to it.
ARTICLE 18. - MATERNITY AND PATERNITY PROTECTION MEASURES. The measures that make up the comprehensive protection will be extended to the mother and the father during pregnancy, childbirth and the breastfeeding period, guaranteeing dignified conditions and
equitable for the proper development of your pregnancy and the upbringing of your child.
ARTICLE 19. - RIGHT TO FREEDOM. Girls, boys and adolescents have the right to freedom.
This right includes:
a) Have their own ideas, beliefs or religious worship according to the development of their faculties and with the limitations and guarantees established by the legal system and exercise it under the guidance of their parents, guardians, legal representatives or those in charge of the
themselves;
b) Express their opinion in the areas of their daily life, especially in the family, the community and the school;
c) Express their opinion as users of all public services and, with the limitations of the law, in all judicial and administrative processes that may affect their rights.
The persons subject to this law have the right to their personal freedom, with no limits other than those established in the current legal system. They can not be illegally or arbitrarily privated from her.
The deprivation of personal liberty, understood as the placement of the girl, boy or adolescent in a place from which they cannot leave of their own free will, must be carried out in accordance with current regulations.
ARTICLE 20. - RIGHT TO SPORT AND RECREATIONAL GAME. State Bodies, with the active participation of society, must establish programs that guarantee the right of all girls, boys and adolescents to recreation, leisure,
recreational games and sports, and should ensure specific programs for those with special abilities.
ARTICLE 21. - RIGHT TO THE ENVIRONMENT. Girls, boys and adolescents have the right to a healthy and ecologically balanced environment, as well as to the preservation and enjoyment of the landscape.
ARTICLE 22. - RIGHT TO DIGNITY. Girls, boys and adolescents have the right to be respected in their dignity, reputation and own image.
It is prohibited to expose, disseminate or disclose data, information or images that allow to identify, directly or indirectly, the subjects of this law, through any means of communication or publication against their will and that of their parents, representatives.
legal or responsible, when their dignity or the reputation of the girls, boys and adolescents are injured or that constitute arbitrary or illegal interference in their private life or family privacy.
ARTICLE 23. - RIGHT OF FREE ASSOCIATION. Girls, boys and adolescents have the right to associate freely with other people, for social, cultural, sports, recreational, religious, political, labor or any other purposes,
Provided that they are of a lawful nature and in accordance with current legislation. This right includes, especially, the right to:
a) Be part of associations, including their governing bodies;
b) Promote and establish associations made up exclusively of girls, boys, adolescents or both, in accordance with the law.
ARTICLE 24. - RIGHT TO OPINION AND TO BE HEARD. Girls, boys and adolescents have the right to:
a) Participate and freely express their opinion in matters that concern them and in those that have an interest;
b) That their opinions are taken into account according to their maturity and development.
This right extends to all areas in which girls, boys and adolescents operate; among them, at the state, family, community, social, school, scientific, cultural, sports and recreational spheres.
ARTICLE 25. - ADOLESCENTS 'RIGHT TO WORK. State Bodies must guarantee the right of adolescents to education and recognize their right to work with the restrictions imposed by current legislation and
international conventions on the eradication of child labor, having to exercise labor inspection against the labor exploitation of girls, boys and adolescents.
This right may be limited only when the work activity involves risk, danger to the development, physical, mental or emotional health of adolescents.
State Bodies, society and in particular trade union organizations will coordinate their efforts to eradicate child labor and limit all forms of legally authorized work when they impede or affect its evolutionary process.
ARTICLE 26. - RIGHT TO SOCIAL SECURITY. Girls, boys and adolescents have the right to obtain social security benefits.
The State Bodies must establish inclusion policies and programs for girls, boys and adolescents, which consider the resources and the situation of them and of the people who are responsible for their maintenance.
ARTICLE 27. - MINIMUM PROCEDURAL GUARANTEES. GUARANTEES IN JUDICIAL OR ADMINISTRATIVE PROCEDURES. State Bodies must guarantee girls, boys and adolescents in any judicial procedure or
administrative that affects them, in addition to all those rights contemplated in the National Constitution, the Convention on the Rights of the Child, in the international treaties ratified by the Argentine Nation and in the laws that are consequently dictated,
the following rights and guarantees:
a) To be heard before the competent authority whenever the girl, boy or adolescent so requests;
b) To have their opinion taken primarily into account when arriving at a decision that affects them;
c) To be assisted by a lawyer preferably specialized in childhood and adolescence from the beginning of the judicial or administrative procedure that includes it. In case of lacking economic resources, the State must automatically assign a lawyer to sponsor him;
d) To actively participate in the entire procedure;
e) To appeal to the superior in front of any decision that affects him.
ARTICLE 28. - PRINCIPLE OF EQUALITY AND NON-DISCRIMINATION. The provisions of this law shall apply equally to all girls, boys and adolescents, without any discrimination based on racial, sex, color, age, language, religion, beliefs,
political opinion, culture, economic position, social or ethnic origin, special abilities, health, physical appearance or physical handicap, health, birth or any other condition of the child or of their parents or of their legal representatives.
ARTICLE 29. - PRINCIPLE OF EFFECTIVENESS. The State Bodies must adopt all the administrative, legislative, judicial and other measures to guarantee the effective fulfillment of the rights and guarantees recognized in this law.
ARTICLE 30. - DUTY TO COMMUNICATE. The members of the educational and health establishments, public or private and any public agent or official who has knowledge of the violation of the rights of girls, boys or adolescents, must
report said circumstance to the administrative authority for the protection of rights at the local level, under warning of incurring responsibility for said omission.
ARTICLE 31. - DUTY OF THE OFFICIAL TO RECEIVE COMPLAINTS. The public agent that is required to receive a complaint of violation of the rights of the subjects protected by this law, either by the same girl, boy or adolescent, or by
Any other person is obliged to receive and process such a complaint free of charge, in order to guarantee respect, prevention and reparation of the damage suffered, under the warning of considering it incurred in the figure of serious breach of Duties
of the Public Official.
TITLE III
SYSTEM FOR THE COMPREHENSIVE PROTECTION OF THE RIGHTS OF GIRLS, BOYS AND ADOLESCENTS
ARTICLE 32. - CONFORMATION. The Comprehensive Protection System for the Rights of Girls, Boys and Adolescents is made up of all those agencies, entities and services that design, plan, coordinate, guide, execute and supervise the
public policies, of state or private management, at the national, provincial and municipal level, aimed at the promotion, prevention, assistance, protection, safeguarding and reestablishment of the rights of girls, boys and adolescents, and establishes the means through
which ensures the effective enjoyment of the rights and guarantees recognized in the National Constitution, the Convention on the Rights of the Child, other human rights treaties ratified by the Argentine State and the national legal system.
The Policy for the Comprehensive Protection of the Rights of girls, boys and adolescents must be implemented through an articulated concertation of actions by the Nation, the provinces, the Autonomous City of Buenos Aires and the Municipalities.
In order to achieve its objectives, the Comprehensive Protection System for the Rights of Girls, Boys and Adolescents must have the following means:
a) Policies, plans and programs for the protection of rights;
b) Administrative and judicial bodies for the protection of rights;
c) Economic resources;
d) Procedures;
e) Measures for the protection of rights;
f) Exceptional protection measures for rights.
ARTICLE 33. - MEASURES FOR THE INTEGRAL PROTECTION OF RIGHTS. They are those emanating from the local competent administrative body in the face of the threat or violation of the rights or guarantees of one or more girls, boys or adolescents individually.
considered, in order to preserve, restore or repair their consequences.
The threat or violation referred to in this article may come from the action or omission of the State, the Company, individuals, parents, family, legal representatives, or those responsible, or from the conduct of the girl, boy or adolescent. .
The lack of material resources of the parents, the family, the legal representatives or those responsible for the girls, boys and adolescents, whether circumstantial, temporary or permanent, does not authorize the separation of their nuclear family, extended or with whom they maintain ties.
affective, nor its institutionalization.
ARTICLE 34. - PURPOSE. The purpose of the measures for the protection of rights is to preserve or restore to girls, boys or adolescents, the enjoyment, enjoyment and exercise of their violated rights and the reparation of their consequences.
ARTICLE 35. - APPLICATION. Those measures for the protection of rights that are intended to preserve and strengthen family ties in relation to girls, boys and adolescents will be applied as a priority. When you threaten or
violation of rights is a consequence of unsatisfied basic needs, material, economic, labor or housing difficulties or deficiencies, protection measures are programs aimed at providing help and even financial support, with a view to
maintenance and strengthening of family ties.
ARTICLE 36. - PROHIBITION. In no case may the measures referred to in article 33 of this law consist of deprivation of liberty in accordance with the provisions of article 19.
ARTICLE 37. - PROTECTION MEASURES. Once the threat or violation of rights has been verified, the following measures must be adopted, among others:
a) Those aimed at ensuring that girls, boys or adolescents remain living with their family group;
b) Application for scholarships for studies or kindergartens, and inclusion and permanence in school support programs;
c) Comprehensive assistance to pregnant women;
d) Inclusion of the girl, boy, adolescent and family in programs aimed at strengthening and supporting the family;
e) Care of the girl, boy and adolescent in their own home, guiding and supporting parents, legal representatives or those responsible in the fulfillment of their obligations, together with the temporary follow-up of the family and the girl, boy or adolescent to through
of a program;
f) Medical, psychological or psychiatric treatment of the girl, boy or adolescent or of any of their parents, legal guardians or representatives;
g) Financial assistance.
The present statement is not exhaustive.
ARTICLE 38. - EXTINCTION. The protection measures may be substituted, modified or revoked at any time by act of the competent authority that has provided them and when the circumstances that caused them change or cease.
ARTICLE 39. - EXCEPTIONAL MEASURES. They are those that are adopted when girls, boys and adolescents are temporarily or permanently deprived of their family environment or whose superior interest requires that they not remain in that environment.
Their objective is the conservation or recovery by the subject of the exercise and enjoyment of their violated rights and the reparation of its consequences.
These measures are limited in time and can only be prolonged as long as the causes that gave rise to them persist.
ARTICLE 40. - ORIGIN OF THE EXCEPTIONAL MEASURES. They will only be appropriate when, previously, the measures provided for in article 33 have been duly completed.
Once this exception has been declared appropriate, it will be the local authority of application who decides and establishes the procedure to be followed, an act that must be legally founded, and must notify reliably within a period of TWENTY-FOUR (24) hours, the measure
adopted to the competent judicial authority in family matters in each jurisdiction.
The official who does not effectively comply with this provision, will be subject to the sanctions provided in Chapter IV of the National Penal Code.
The competent authority of each jurisdiction, in protection of the rights of girls, boys and adolescents within the term of SEVENTY-TWO (72) hours of notification, with summons and hearing of the legal representatives, must resolve the legality of the
measure; resolved this, the competent judicial authority must refer the case to the competent local authority of application so that it implements the pertinent measures.
ARTICLE 41. - APPLICATION. The measures established in article 39 will be applied according to the following criteria:
a) Temporary stay in family settings considered alternative. The measures consist of the search and identification of people linked to them, through kinship lines by consanguinity or by affinity, or with other members of the family
extended or of the community, according to local custom, in all cases taking into account the opinion of the girls, boys and adolescents;
b) Only in an exceptional and subsidiary manner and for the shortest possible period of time can a coexistence alternative to that of their family group be resorted to, having to promote, through rapid and agile mechanisms, the return of girls, boys and adolescents to your group
or family and community environment. When considering solutions, special attention will be paid to continuity in the education of girls, boys and adolescents, and to their ethnic, religious, cultural and linguistic origin. These measures must be supervised by the body
competent local administrative and judicial intervening;
c) The measures will be implemented under non-substitute forms of intervention of the family group of origin, in order to preserve the family identity of the girls, boys and adolescents;
d) Exceptional protection measures taken in relation to groups of siblings must preserve their coexistence;
e) In no case, exceptional protection measures may consist of deprivation of liberty;
f) The lack of financial and physical resources, policies or programs of the administrative body may not be the basis for the application of an exceptional measure.
TITLE IV
ADMINISTRATIVE BODIES FOR THE PROTECTION OF RIGHTS
ARTICLE 42. - COMPREHENSIVE PROTECTION SYSTEM. LEVELS. The comprehensive protection system is made up of the following levels:
a) NATIONAL: It is the specialized organism in the matter of rights of childhood and adolescence in the scope of the national Executive Power;
b) FEDERAL: It is the body of articulation and agreement, for the design, planning and implementation of public policies throughout the territory of the Argentine Republic;
c) PROVINCIAL: It is the organ of planning and execution of childhood policies, whose form and hierarchy will be determined by each province and the Autonomous City of Buenos Aires, respecting the respective autonomies as well as the pre-existing institutions.
The provinces may enter into agreements within the legal framework in force for municipalities and communes in the provincial jurisdictions, as well as implement a monitoring body for comprehensive protection programs for the rights of girls, boys and girls.
adolescents in articulated coordination with non-governmental organizations for children, adolescents and families.
CHAPTER I
NATIONAL SECRETARY FOR CHILDREN, ADOLESCENCE AND FAMILY
ARTICLE 43. - NATIONAL SECRETARIAT. To be created within the scope of the national Executive Power, the National Secretariat for Children, Adolescents and the Family, a specialized agency in the field of child and adolescent rights, which will function with representation
interministerial and civil society organizations.
It will be presided over by a Secretary of State appointed by the national Executive Power.
ARTICLE 44. - FUNCTIONS. The functions of the Secretariat are:
a) Guarantee the functioning of the Federal Council for Children, Adolescents and the Family and jointly establish the modality of coordination between both organizations in order to establish and articulate comprehensive public policies;
b) Prepare with the participation of the Federal Council for Children, Adolescents and the Family, a National Plan of Action as a rights policy for the specific area, in accordance with the legal principles established in this law;
c) Exercising the necessary representation before all official advisory and control bodies in matters of communication;
d) To exercise the representation of the national State in the areas of its competence;
e) Participate jointly with the Federal Council for Children, Adolescents and the Family in the celebration and execution of international instruments that the Nation subscribes or to which it adheres, when these affect or refer to the matter of its
competence;
f) To carry out the reports provided for in Article 44 of the Convention on the Rights of the Child, and to represent the national State in their presentation, becoming the depositary of the recommendations that are made;
g) Promote the development of research on children, adolescents and the family;
h) Design general operating rules and guiding principles that public or private institutions for assistance and protection of rights of the subjects of this law must comply with;
i) Support non-governmental organizations in the definition of their institutional objectives towards the promotion of the exercise of the rights of girls, boys and adolescents, and the prevention of their institutionalization;
j) Promote active policies for the promotion and defense of the rights of girls, boys, adolescents and their families;
k) Coordinate actions agreed with the Powers of the State, government agencies and non-governmental organizations, promoting the active participation of girls, boys and adolescents;
l) Promote technical assistance and training actions for provincial and municipal agencies and community agents participating in direct care services or in the development of institutional transformation processes;
m) Manage, together with the Federal Council for Children, Adolescents and Family, obtaining national and international financial resources for the implementation of public policies for children, adolescents and family;
n) To effectuate, together with the Federal Council for Children, Adolescents and the Family, the transfer of funds to the Provincial States for the financing of said policies;
o) Organize a single and decentralized information system that includes indicators for monitoring, evaluation, and control of policies and programs for children, adolescents, and families;
p) Strengthen the recognition in society of girls, boys and adolescents as active subjects of rights;
q) Promote decentralized mechanisms for the execution of programs and projects that guarantee the exercise of the rights of girls, boys, adolescents and their families;
r) Assign together with the Federal Council for Children, Adolescents and the Family the public resources for the formulation and execution of the policies established in the National Plan of Action;
s) Establish, in coordination with the Federal Council for Children, Adolescents and the Family, mechanisms for the follow-up, monitoring and evaluation of public policies aimed at protecting the rights of girls, boys and adolescents.
CHAPTER II
FEDERAL CHILDHOOD, ADOLESCENCE AND FAMILY COUNCIL
ARTICLE 45. - The Federal Council for Children, Adolescents and the Family is hereby created, which will be made up of whoever holds the title of the National Secretariat for Children, Adolescents and the Family, who will preside over it, and by the representatives of the Protection Bodies.
of the Rights of Children, Adolescents and Family existing or to be created in each of the provinces and the Autonomous City of Buenos Aires.
The Federal Council for Children, Adolescents and the Family will dictate its own Operating Regulations, which must be approved at the first meeting.
ARTICLE 46. - FUNCTIONS. The Federal Council for Children, Adolescents and the Family will have deliberative, consultative, proposal formulation, and agreement policy-making functions, the scope and content of which will be established in the articles of incorporation.
It will have the following functions:
a) Agree and implement policies for the comprehensive protection of the rights of girls, boys, adolescents and their families;
b) Participate in the preparation, in coordination with the National Secretariat for Children, Adolescents and Family, of a National Plan of Action as a rights policy for the specific area, in accordance with the legal principles established in this law;
c) Propose and promote legislative and institutional reforms aimed at the realization of the principles established in the Convention on the Rights of the Child;
d) To promote spaces for active participation of the civil society organizations of the provinces and the Autonomous City of Buenos Aires, recognized for their specialty and suitability in the matter, favoring their formation in community networks;
e) Promote the supervision and control of private institutions for assistance and protection of rights;
f) Manage in a joint and coordinated manner with the National Secretariat for Children, Adolescents and the Family to obtain national and international financial resources for the implementation of public policies for children, adolescents and the family;
g) To effectuate, together with the National Secretariat for Children, Adolescents and the Family, the transfer of funds to the Provincial States for the financing of said policies;
h) Manage the distribution of the budgetary funds allocated for the formulation and execution of the policies provided for in the National Plan of Action;
i) Promote, in coordination with the National Secretariat for Children, Adolescents and the Family, mechanisms for follow-up, monitoring and evaluation of public policies aimed at the comprehensive protection of girls' rights; children and adolescents.
CHAPTER III
DEFENDER OF THE RIGHTS OF GIRLS, BOYS AND ADOLESCENTS
ARTICLE 47. - CREATION. Create the figure of the Defender of the Rights of Girls, Boys and Adolescents, who will be in charge of ensuring the protection and promotion of their rights enshrined in the National Constitution, the Convention on the
Rights of the Child and national laws.
ARTICLE 48. - CONTROL. The defense of the rights of girls, boys and adolescents before public and private institutions and the supervision and audit of the application of the comprehensive protection system will be carried out at two levels:
a) National: through the Defender of the Rights of Girls, Boys and Adolescents;
b) Provincial: respecting the autonomy of the provinces and the Autonomous City of Buenos Aires, as well as the pre-existing institutions.
The legislatures may appoint defenders in each of the jurisdictions, whose financing and functions will be determined by the respective legislative bodies.
ARTICLE 49. - APPOINTMENT. The Defender of the Rights of Girls, Boys and Adolescents will be proposed, appointed and removed by the National Congress, which will designate a bicameral commission that will be made up of ten members, five from each
Chamber respecting the proportion in the political representation, who will be in charge of the evaluation of the appointment that will be carried out through a public contest of antecedents and opposition. The decisions of this Commission will be adopted by the vote of the
two thirds of its members.
The Defender must be appointed within NINETY (90) days of the enactment of this law and will assume his functions before the Honorable Senate of the Nation, taking an oath to faithfully perform his position.
ARTICLE 50. - REQUIREMENTS FOR YOUR ELECTION. The Defender of the Rights of Girls, Boys and Adolescents must meet the following requirements:
a) Be Argentine;
b) Have reached THIRTY (30) years of age;
c) Accredit suitability and specialization in the defense and active protection of the rights of Girls, Boys and Adolescents and the family.
ARTICLE 51. - DURATION IN OFFICE. The Ombudsman for the Rights of Girls, Boys and Adolescents will serve FIVE (5) years, and may be re-elected only once.
SECTION 52. - INCOMPATIBILITY. The position of Defender of the Rights of Girls, Boys and Adolescents is incompatible with the performance of any other public, commercial or professional activity with the exception of teaching, being prohibited,
likewise, partisan political activity.
Within TEN (10) days following his appointment and before taking office, the Defender must cease in any situation of incompatibility that may affect him, under warning of removal from the position.
Applicable to the Ombudsman, as appropriate, the rules on challenge and excuse provided for in the Code of Civil and Commercial Procedure of the Nation.
ARTICLE 53. - REMUNERATION. The Defender of the Rights of Girls, Boys and Adolescents will receive the remuneration established by the National Congress, by resolution of the presidents of both Chambers.
ARTICLE 54. - BUDGET. The national Executive Power will allocate a budget item to pay for the expenses of the administrative functioning of the Defender of the Rights of Girls, Boys and Adolescents.
ARTICLE 55. - FUNCTIONS.
Its functions are:
a) Promote actions for the protection of diffuse or collective interests related to girls, boys and adolescents;
b) File actions for the protection of the rights of girls, boys and adolescents in any trial, instance or court;
c) Ensure effective respect for the rights and legal guarantees guaranteed to girls, boys and adolescents, promoting judicial and extrajudicial measures in the case. For this you can take the statements of the claimant, understand directly with the person
o claimed authority and make recommendations with a view to improving public and private services for the care of girls, boys and adolescents, determining a reasonable period for their perfect adaptation;
d) Initiate actions with a view to the application of sanctions for infractions committed against the norms of protection of girls, boys and adolescents, without prejudice to the civil and criminal responsibility of the offender, when appropriate;
e) Supervise the public and private entities that are dedicated to the care of girls, boys or adolescents, either by sheltering them temporarily or permanently, or by developing care programs for them, having to report to the authorities
competent any irregularity that threatens or violates the rights of all girls, boys or adolescents;
f) Require for the performance of their functions the assistance of the public force, medical-assistance and educational services, whether public or private;
g) Provide advice of any kind to girls, boys and adolescents and their families, through an appropriate organization;
h) Advise girls, boys, adolescents and their families about public, private and community resources, where they can turn to solve their problems;
i) Intervene in the instance of mediation or conciliation advice;
j) Receive all types of claims made by children or adolescents or any complaint that is made in relation to girls, boys and adolescents, either personally or through a free and permanent telephone service, having to give a course of
immediate to the requirement in question.
ARTICLE 56. - ANNUAL REPORT. The Defender of the Rights of Girls, Boys and Adolescents must report annually to the National Congress of the work carried out in a report that he will present before May 31 of each year.
Within SIXTY (60) days of the beginning of the ordinary sessions of each year, the Ombudsman must render said report verbally before the Bicameral Commission referred to in article 49.
When the seriousness or urgency of the events so advise, you may submit a special report. The annual and special reports will be published in the Official Gazette, in the Session Journals and on the Internet.
The Defender of the Rights of Girls, Boys and Adolescents in a personal way, must attend quarterly in an alternative way to the permanent commissions specialized in the matter of each of the Chambers of the National Congress to provide the
reports that are required, or at any time when the Commission so requires.
ARTICLE 57. - CONTENT OF THE REPORT. The Defender of the Rights of Girls, Boys and Adolescents must give an account in his annual report of the complaints filed and the results of the investigations. The report should not include the data
personal information that allows the public identification of the complainants, as well as the girls, boys and adolescents involved.
The report will contain an annex that will state the accountability of the agency's budget in the corresponding period.
ARTICLE 58. - FREE OF CHARGE. The Defender of the Rights of Girls, Boys and Adolescents will exclusively determine the cases to which it will proceed; Presentations will be free, and the participation of managers and intermediaries is prohibited.
ARTICLE 59. - CESE. CAUSALS. The Ombudsman for the Rights of girls, boys and adolescents ceases to function for any of the following reasons:
a) By resignation;
b) Due to the expiration of the term of their mandate;
c) Due to supervening disability or death;
d) For having been convicted by a final judgment for a malicious crime;
e) For notorious negligence in the fulfillment of the duties of the position or for having incurred in the situation of incompatibility provided for by this law.
ARTICLE 60. - TERMINATION AND FORMS. In the cases provided for in paragraphs a), c) and d) of the previous article, the dismissal will be ordered by the Presidents of both Chambers. In the case of subsection c), the supervening incapacity must be credibly proven.
In the cases envisaged by subsection e) of the same article, the termination will be decided by the vote of two thirds of the present members of the Commission, after debate and hearing of the interested party.
In the event of the death of the Defender of the Rights of Girls, Boys and Adolescents, he will be temporarily replaced according to the procedure established in the following article, promoting the appointment of the holder in the
form established in article 56.
ARTICLE 61. - ATTACHMENTS. At the proposal of the Defender of the Rights of Girls, Boys and Adolescents and in accordance with the procedure established in article 56, two deputies may be appointed to assist him in the exercise of his functions,
being able to also replace it in case of cessation, death, suspension or temporary impossibility, in the order in which they were appointed.
ARTICLE 62. - OBLIGATION TO COLLABORATE. All Entities, Organizations and legal persons, whether public or private, and natural persons are obliged to collaborate with the requirements of the Defender of the Rights of Girls,
Children and Adolescents with preferential and expeditious character.
ARTICLE 63. - OBSTACULIZATION. Anyone who disobeys or obstructs the exercise of the functions provided for in the preceding articles will incur the crime provided for in article 239 of the Penal Code. The Defender of the Rights of Girls,
Children and Adolescents must transfer the respective records to the Public Prosecutor's Office for the exercise of the pertinent actions. It may require the intervention of justice to obtain the remission of the documentation that had been denied by
any body, entity, person or its agents.
ARTICLE 64. - DUTIES. Once the veracity of the complaint or claim has been verified, the Defender of the Rights of Girls, Boys and Adolescents must:
a) Promote and protect the rights of girls, boys and adolescents through actions and recommendations that it will carry out before the competent public authorities, in order to guarantee their enjoyment and exercise;

b) Report the verified irregularities to the pertinent organizations, who have the obligation to inform the Defender of the Rights of Girls, Boys and Adolescents the result of the investigations carried out;
c) Make recommendations or proposals to public or private organizations regarding issues that are the subject of their request;
d) Inform public opinion and complainants about the results of the investigations and actions carried out. To this end, a space must be established in the mass media.
CHAPTER IV
OF NON-GOVERNMENTAL ORGANIZATIONS
ARTICLE 65. - PURPOSE. For the purposes of this law, non-governmental organizations for children and adolescents are considered to be those that, with Legal Status and that in compliance with their institutional mission develop programs or services of
promotion, treatment, protection and defense of the rights of girls, boys and adolescents.
ARTICLE 66. - OBLIGATIONS. The non-governmental organizations mentioned in this law must comply with the rights and guarantees recognized in the National Constitution, the Convention on the Rights of the Child, International Treaties on
those of Human Rights in which the Argentine Republic is a party, and observe the following principles and obligations:
a) Respect and preserve the identity of girls, boys and adolescents and offer them an environment of respect, dignity and non-discrimination;
b) Respect and preserve the family ties or upbringing of girls, boys and adolescents and ensure their permanence within the family;
c) Do not separate groups of siblings;
d) Not to limit any right that has not been limited by a judicial decision;
e) Guarantee the right of girls, boys and adolescents to be heard and that their opinion is taken into account in all matters that concern them as subjects of rights;
f) Keep the girl, boy or adolescent constantly informed about their legal situation, in the event that there is any judicial cause where a decision can be made that affects their interests, and notify them, personally and through their legal representative, of all
novelty that occurs in an understandable way every time the girl, boy or adolescent requires it;
g) Provide girls, boys and adolescents with personalized attention in small groups;
h) Offer facilities duly authorized and controlled by the enforcement authority regarding building conditions, health, hygiene, safety and comfort;
i) To render accounts on an annual basis before the enforcement authority of the expenses incurred classified according to their nature; of the developed activities described in detail; of the activities scheduled for the following year described in detail, their budget,
the administrative expenses and the resources with which it will be covered. It will also report on the activities scheduled for the past year that have not been completed, and the causes that led to this non-compliance.
ARTICLE 67. - NON-COMPLIANCE. In case of non-compliance with the obligations to which the non-governmental organizations for children and adolescents mentioned by this law are subject, the local enforcement authority will promote before the agencies
competent authorities, the implementation of the corresponding measures.
ARTICLE 68. - REGISTRATION OF ORGANIZATIONS. Be created within the scope of the National Secretariat for Children, Adolescents and Family, the National Registry of Civil Society Organizations with legal status that develop programs or services
of assistance, promotion, treatment, protection and defense of the rights of Girls, Boys and Adolescents.
The provinces and the Autonomous City of Buenos Aires may implement a Registration System for non-governmental organizations with legal status in order to control and ensure in each jurisdiction the faithful compliance with the principles that
establishes this law, with communication to the National Secretariat for Children, Adolescents and Family with a view to the creation of the National Registry of these Organizations.
TITLE V
FINANCING
ARTICLE 69. - The National Secretariat for Children, Adolescents and the Family and the Federal Council for Children, Adolescents and the Family shall, in a joint and coordinated manner, guarantee the fair and equitable distribution of budget items and of all
national or international resources destined to the realization of the objectives of this law.
ARTICLE 70. - TRANSFERS. The national government will agree with the provincial governments and the Autonomous City of Buenos Aires, the necessary transfer of direct care services and their resources, to the respective jurisdictions in which
are currently serving and running.
This law will be applicable to pending or ongoing legal situations.
ARTICLE 71. - TRANSITORY. Within a maximum period of ONE HUNDRED EIGHTY (180) calendar days extendable for the same period and only once, the national Executive Power will arbitrate the necessary measures including budgetary and building effects, which
guarantee the containment and protection of girls, boys and adolescents, included within the framework of Law No. 10,903 that is repealed.
ARTICLE 72. - FUNDS. The General Budget of the Nation will provide the necessary items for the operation of the Federal Council for Children, Adolescents and Family, the National Secretariat for Children, Adolescents and Family, the Defender of the Rights of
girls, boys and adolescents and all those that correspond to the fulfillment of this law, taking into account the provisions of article 70.
The budget forecast may in no case be less than the higher forecast or execution of previous years. Dispose of the intangibility of the funds destined for childhood, adolescence and family established in the national budget.
For the current year's budget exercise, the Chief of Staff will reallocate the corresponding items.
TITLE VI
SUPPLEMENTARY PROVISIONS
ARTICLE 73. - Article 310 of the Civil Code is replaced by the following:
"Article 310.- If one of the parents were deprived or suspended in the exercise of parental authority, the other will continue to exercise it. Failing that, and not in the case of legal guardianship by suitable blood relative, in order of exclusive degree, Judge
will provide the guardianship of minors. "
ARTICLE 74. - Modify article 234 of the Code of Civil and Commercial Procedure of the Nation, which will be drawn up as follows:
"Article 234: Guardianship may be decreed:
Subsection 1) Of incapacitated persons over EIGHTEEN (18) years of age abandoned or without legal representatives or when they are prevented from exercising their functions;
Subsection 2) Of the incapacitated persons over EIGHTEEN (18) years of age who are in a lawsuit with their legal representatives, in which their conservatorship is disputed ".
ARTICLE 75. - Modify article 236 of the Code of Civil and Commercial Procedure of the Nation, which will be drawn up as follows:
"Article 236: In the cases provided for in Article 234, the request may be deduced by any person, and formulated verbally before the counselor for minors and the disabled, in which case a record will be drawn up with the pertinent mentions, which will be forwarded to the court what
corresponds. "
ARTICLE 76. - Law N ° 10,903, the national decrees: N ° 1606/90 and its amendments, N ° 1631/96 and N ° 295/01, be repealed.
ARTICLE 77. - This law must be regulated within a maximum period of NINETY (90) days, counted from the enactment of this law.
ARTICLE 78. - Communicate to the Executive Power.
GIVEN IN THE SESSION ROOM OF THE ARGENTINE CONGRESS, IN BUENOS AIRES, ON SEPTEMBER TWENTY-EIGHT, TWO THOUSAND FIVE.
- REGISTERED UNDER NO. 26,061 EDUARDO O. CAMAÑO. - DANIEL O. SCIOLI. - Eduardo D. Rollano. - Juan Estrada.

