1/118 Official Gazette No. 46,446 Bogot, DC, Wednesday November 8, 2006 (November 8) which is issued by the Code on Children and Adolescents. ENACTED: BOOK I or Title I General Provisions Chapter I 1 . Purpose. This code aims to ensure children, girls and teenagers full and harmonious de- development to grow within the family and community, in an atmosphere of happiness, love and understanding. Will prevail re- 1 Mistakes corrected by Decree 578 of 2007 .... That the Act of 1098 November 8, 2006, mistakes were made in the paragraph 3 of Article 73, the cited Article 70 corresponds to Article 71 of the law. Article 138, to cite Article 51, corresponding to 52 of the Act, and subsection 2 Article 216, to cite Article 198, corresponding to Article 199 of the law; 2 Amended by Act 1288 of 2009.
Page 2 Act 1098 of 2006 2/118 knowledge to equality and human dignity without discrimination any. 2nd. Likeness. This code is to establish substantive and procedural rules for the comprehensive protection of the children, and adolescents, to ensure the exercise of their de- rights and freedoms enshrined in international instruments Human Rights in the Constitution and the laws and as reinstatement. Such security and protection will be obliged tion of the family, society and the state. 3rd. Subjects rightholders. For all purposes of this law are holders of rights all people me- persons younger than 18 years. Notwithstanding the provisions of Article 34 of Civil Code, the term child people between 0 and age 12, and teen people 12 to 18 years age. 1st. In doubt about the majority or minority age, this is presumed. If in doubt about the age of the child or adolescent under age shall be presumed. -Judicial authorities les and administrative, order the taking of evidence for the de- termination of age, and once established, confirm or revo- Harran measures and authorize the necessary corrections to the law. 2nd. In the case of indigenous peoples, the ability for the exercise of rights, shall be governed by their own systems policy, which should keep harmony with the Constitution tion Policy. 4th. Scope. This code applies to all children, girls and teenagers domestic or foreign who are in the country, which is the national outside the country and those with dual citizenship, when do one of them is Colombian.
Page 3 Act 1098 of 2006 3/118 5th. Nature of the rules contained in this code. The rules on children, and adolescents, contained in this code, they are public, be waived and principles and rules enshrined therein shall apply in preference to the provisions of other laws. 6th. Rules of interpretation and application. Standards contained in the Constitution and treaties or agreements international human rights ratified by Colombia, in especially the Convention on the Rights of the Child, will be part in- integral of this Code, and will guide its interpretation and application. In any case, shall apply the absolute standard interests of the child or adolescent. The statement of the rights and guarantees contained in these standards should not be construed as a denial of others, being in- inherent to the child or adolescent, not expressly mentioned in them. 7th. Comprehensive protection. Protection means inte- gral of children and adolescents recognition as subjects Free cough, warranty and compliance with them, the pre- prevention of the threat or security breach and its Resetting immediate development foundation in the best interests principle. Comprehensive protection is embodied in a set of policies, plans, programs and actions to be implemented in national areas nal, departmental, district and municipal levels with the corresponding allocation nation of financial, physical and human resources. 8th. Superior interest of children, girls and adolescents Centes. means interest of the child or adolescent, imperative that requires all individuals to ensure satisfaction comprehensive and simultaneous training of all their human rights, which are universal, prevalent and interdependent.
Page 4 Act 1098 of 2006 4/118 9th. Prevalence of rights. Every act, decision or administrative, judicial or any type of measure to be taken with regard to children, and adolescents, these rights prevail, especially if there is conflict- between the fundamental rights of any other person. In case of conflict between two or more laws, administrative trative or disciplinary, the absolute rule applies to in- superior interest of the child or adolescent. 10. Stewardship. For the purposes of this code, is meant by responsibility, the crowd of actors and ac- tions conducive to guarantee the exercise of rights children, and adolescents. The family, society and the This- do share responsibility for their care, care and protection. Stewardship and competition apply in relation to established between all sectors and institutions. Nevertheless, public institutions or private obligations give to the provision of social services, may not invoke the princi- ple of the responsibility to deny care that requires the satisfaction of fundamental rights of children and adolescents tees. 11. Enforceability of rights. Unless the rules pro- cesales on legitimacy in the cause to initiate judicial actions cial or administrative proceedings for minors age, any person may request the competent authority compliance and restoration of the rights of children, and adolescents. The head of state in every one of its agents has the inexcusable responsibility to act promptly to ensure the realization, protection and restoration of the rights of children, and adolescents.
Page 5 Act 1098 of 2006 5/118 . The Colombian Institute of Family Welfare, as coordinating body of the National Family Welfare, man- have all the functions it has today (Law 75/68 and Law 7/79) and define the technical guidelines that entities must fulfill to guarantee the rights of children, girls and adolescents ing, and to ensure their recovery. Also it will contribute to the national, provincial, district and municipal authorities in implementation of public policies, without prejudice to the powers and constitutional and specific to each legal functions. 12. Gender Perspective. Perspective means Gender recognition of social, biological differences and psychological relationships between people according to sex, age, ethnicity and the role they play in the family and social group cial. This perspective should be taken into account in the implementation of this code, in all areas where children develop, the and adolescents, to achieve equity. 13. Rights of children, girls and adolescents indigenous peoples and other ethnic groups. Children, ni- sized and adolescents of indigenous peoples and other ethnic groups cos, enjoy the rights enshrined in the Political Constitution ca, international human rights instruments and the pre- this Code, without prejudice to the principles governing their cultures and social organization. 14. The parental responsibility. Responsibility pa- rental is a complement of parental rights set forth in the le- civil legislation. It is also the obligation inherent in the guidance, care, support and education of children, adolescent girls and adolescents during their formation process. This includes the responsi- shared and supportive father and mother stability to ensure children, girls and adolescents to achieve maximum satisfaction of their rights.
Page 6 Act 1098 of 2006 6/118 In any case, the exercise of parental responsibility can involve physical, psychological violence or acts to prevent the exer- cio of their rights. 15. Exercise of rights and responsibilities. Is obligation of the family, society and the state, train children, and adolescents in the responsible exercise of rights. Authorities contribute to this purpose through timely and effective and clearly educational decisions. The child, the child or adolescent will or shall meet the civic and social obligations that apply to an individual development. In the judicial or administrative decisions on the exer- cise of rights or violation of duties will be taken into The opinions of specialists. 16. Duty of state surveillance. Everyone natural or legal persons with legal status issued by the Institu- Colombian Family Welfare to or not, still, with authority tion of the parents or legal representatives, harboring or caring for children, or adolescents are subject to monitoring State. According to the rules governing the service public responsibility of the Colombian Family Welfare Institute Family Welfare as the lead agency, coordinator and coordinator of National Family Welfare System, recognize, grant, suspension der and cancel legal personality and operation licenses System institutions that provide protection minors or family and develop the program adoption. Chapter II
Page 7 Act 1098 of 2006 7/118 17. The right to life and the quality of life and an am- healthy environment.'s children, and adolescents have the right to life, a good quality of life and a healthy environment conditions tions of dignity and enjoyment of all their rights as prevalent You. The quality of life is essential for their development in line with the dignity of being human. This right involves the generation conditions that ensure their care from conception, pro- protection, nutritious and balanced diet, access to services health, education, adequate clothing, recreation and housing safety- ra equipped with essential public services in a healthy environment. . The State shall develop public policies aimed towards strengthening early childhood. 18. The right to personal integrity. Children, ni- sized and adolescents have the right to be protected against all actions or behaviors that cause death, physical injury or suffering co, sexual or psychological. In particular, are entitled to protection against mistreatment and abuse of all kinds by their pa- parents, their legal representatives, persons responsible for care and members of their families, school and commu- nity. For purposes of this Code, the term child abuse all forms of prejudice, punishment, humiliation or physical abuse or psychological chological, neglect, omission or negligent treatment, maltreatment or explosion sexual tation, including the sexual abuse and rape and in general all forms of violence or aggression on the child, the child or adolescents by their parents, legal guardians or that- any other person.
Page 8 Act 1098 of 2006 8/118 19. The right to rehabilitation and resocialization. The children, and adolescents who have committed a breach tion to the law are entitled to rehabilitation and resocialization, me- guaranteed by means of plans and programs and implements the state- two institutions and organizations determined in this de- development of public policies. 20. Rights protection. Children, girls and teens will be protected against: 1. The physical, emotional, psychological and emotional neglect of their parents, legal representatives or persons, institutions and authorities who have responsibility for their care and attention. Two.'s Economic exploitation by their parents, represent- ing laws, who live with them, or anyone else. They will specially protected against use in begging. March. Snuff consumption, psychoactive substances, narcotics or alcohol and the use, procuring or offering of children in promotion, production, collection, traffic dis- distribution and marketing. 4. The violation, induction, stimulation and constraint to prostitution; sexual exploitation, pornography and any other conduct that undermines freedom, integrity and sexuality education of them minor. May. Kidnapping, sale, trafficking in persons and smuggling and what- any other contemporary form of slavery or servitude. 6. Wars and internal armed conflicts. 7. Recruitment and use of children by armed groups operating outside the law. 8. Torture and all sorts of cruel, inhuman, humiliating and degrading treatment, enforced disappearance and detention arbitrary. 9.'s Life situation of street children.
Page 9 Act 1098 of 2006 9/118 10. The illicit transfer and non-return to any purpose. 11. The forced displacement. 12. The work which by its nature or the circumstances in which is carried out is likely to affect the health, integrity and safety or interfere with the right to education. 13. The worst forms of child labor under the Convention 182. 14. The spread of preventable infectious diseases during pregnancy or after birth, or exposure during pregnancy alcohol or any psychoactive substance which may affect physical, mental development or life expectancy. 15. The risks and effects of natural disasters and de- Most emergencies. 16. When your estate be threatened by those who administered. 17. Landmines. 18. The transmission of HIV-AIDS and sexually transmitted infections sexual. 19. Any other act that threatens or violates their rights. 21. The right to personal liberty and security.'s Nor- dren, girls and adolescents may not be arrested or private of his liberty except on such grounds and in accordance with the procedures cough previously defined in this code. 22. The right to have a family and not be separated from her. Children, girls and adolescents have the right to keep and grow up in a family, to be accepted and not be expelled from her. Children, and adolescents may only be removed family when not guarantee the conditions for the reality-
Page 10 Act 1098 of 2006 10/118 tion and exercise of their rights as provided in this code. In any case the economic status of the family may lead to separation. 23. Custody and personal care. Children, girls and adolescents have the right to have their parents on a perma- component and several direct and timely assume custody for their development. The obligation extends personal care in addition to living with them at the family, social or institutional, or their legal representatives. 24. The right to food. Children, girls and adolescents have the right to food and other means for physical, psychological, spiritual, moral, cultural and social development, according to the economic capacity of the obligor. Means food all that is indispensable for sustenance, dwelling- tion, clothing, medical care, recreation, education or instruction and, in general, all that is necessary for the full development of children, and adolescents. The foods include obligation to provide the mother and pregnancy expenses par- to. 25. The right to identity. Children, girls and adolescents have the right to an identity and conserve constituent elements such as name, nationality and fi- liation comply with the law. For these purposes must be registered immediately after birth in the state registry civil. They have the right to preserve their native language, culture and idiosyncrasy. 26. The right to due process. Children, girls and adolescents have the right to apply to them guarantees due process in all administrative and judicial proceedings in which they are involved.
Page 11 Act 1098 of 2006 11/118 In any administrative, judicial proceeding or any other natural sparseness that are involved, children, girls and adolescents Centes shall be entitled to be heard and their opinions should be considered. 27. The right to health. All children and adolescents Centes are entitled to comprehensive health care. Health is a state of physical, psychological and physiological well-being and not merely the absence of in- disease. No hospital, clinic, health center and other enti- ties engaged in the provision of health services, whether public or private, they need not serve a child or requiring health care. In relation to children and adolescents not included as beneficiaries in the contributory system or sub-system sidiado, the cost of such services will be in charge of the nation. Shall incur a fine of up to 50 monthly minimum wages- You force them to the authorities or persons who fail medical care ca of children and minors. 1 . For purposes of this Act shall be construed as comprehensive health guarantee delivery of all services, well- tions and actions for the conservation and recovery of the health of children and adolescents. 2nd. For the effective implementation of the right to sa- lud comprehensive and progressive principle by the State cre- It ar comprehensive health system for children and adolescents, the which for fiscal 2008 include children and adolescents linked, for 2009 include children and adolescents ing belonging to the subsidized regime and partial subsidies for 2010 will include other children and adolescents belonging to the subsidized regime. Also for 2010 incorporate the provision of comprehensive health services to children, and adolescents belonging to contributory health scheme.
Page 12 Act 1098 of 2006 12/118 The National Government, through the corresponding dependencies teeth should include allocations of resources needed to comply with the provisions of this article, the draft Annual budget 2008, financial plan and medium-term development plan. 28. The right to education. Children, girls and adolescents have the right to a quality education. This will required by the state in one year of preschool and nine basic education. Education will be free in institutions is- tatales according to the terms established in the Constitution Policy. Will incur a fine of up to 20 minimum wages who refrain from receiving a child in public establishments education. 29. The right to full development in early childhood cia. Early childhood is the stage of the life cycle in the appli- blecen the foundation for the cognitive, emotional and social development human. Includes fringe population ranging from zero (0) six (6) years of age. From early childhood, children and Girls are subject holders of rights recognized in treaties acids two international, in the Constitution and this Code. Rights are postponed early childhood care health and nutrition, complete vaccination, protection against physical hazards and early childhood education. In the first month of life should be guaranteed the civil registration of all children and nor- sized. 30. Law to recreation, participation in the life culture and the arts. Children, girls and adolescents have right to rest, leisure, play and other activities own recreation of their life cycle and to participate in cultural life and the arts.
Page 13 Act 1098 of 2006 13/118 Also have the right to be recognized, respected, and fo- mind the knowledge and experience of the culture to which they belong can. 1 . To harmonize the exercise of this right with the comprehensive development of children, the authorities should design me- mechanisms to prohibit entry to establishments for games of chance, sale of liquor, cigarettes or products de- derivatives of snuff and offer shows with classification pa- ra adults. 2nd. When allowed entry to young children 14 years shows and massive public events, the authorities des should order the organizers, special destination spaces adequate to ensure their personal safety. 31. The right to participation of children, girls and adolescents. To exercise the rights and freedoms embodied in this code children, and adolescents entitled to participate in the activities carried out in the family, educational institutions, associations, programs state, provincial, district and municipal covered by their interest. The State and society shall encourage active participation in or- public and private organisms that are responsible for the protection, care- and education since childhood and adolescence. 32. The right of association and assembly. Children, ni- sized and adolescents have the right of assembly and association cultural, sporting, recreational, religious, political and social purposes cos or otherwise, without other limitations than those impo- nen law, moral, physical or mental health and welfare.
Page 14 Act 1098 of 2006 14/118 This includes especially the right to be part of asso- tions, including their governing bodies, and to promote and form associations made up of children, adolescent girls and adolescents. The effectiveness of the actions of children, girls and adolescents ing will be the law, but the lower-skill adults understand States to make all those decisions themselves activity associative, provided that adversely affect their heritage. Prepubertal must have the permission of their parents or legal representatives to participate in these activities. This auto- authorization shall extend to all acts proper activity associated initiative. Parents may revoke this authorization only fair cause. 33. The right to privacy. Children, girls and adolescents have the right to personal privacy, by pro- protection against arbitrary or unlawful interference with his privacy, your family, home and correspondence. Also, be pro- tected against any behavior, action or circumstance affecting its dignity. 34. The right to information. Subject to the restrictions necessary to ensure respect for their rights and those of others and to protect the safety, health and morals, children, girls and adolescents have the right to seek, receive and impart infor- mation and ideas through different media their disposal. 35. Minimum age for admission to employment and the right to labor protection of adolescents authorized to work. The minimum age for admission to employment is fifteen (15) years. For work, teenagers between 15 and 17 require the respective tion issued by the Labour Inspector authorization or, de- defect, by the Local Territorial Entity and shall enjoy the protection-
Page 15 Act 1098 of 2006 15/118 borales enshrined in the Colombian labor regulations, standards that complement, international treaties and conventions rati- fied by Colombia, the Constitution and the rights and ga- antees set forth in this code. Teens authorized to work are entitled to training and expertise that will enable them to exercise freely an occupation, craft, trade or profession and to receive during the financial cio of their work. . Exceptionally, children under 15 years may receive authorization from the Labour Inspectorate or on Territorial Local Ente default, to perform activities re- remunerated for artistic, cultural, recreational and sporting type. Self- authorization set the maximum number of hours and prescribe the conditions under which this activity should be carried out. In any If permission to exceed fourteen (14) hours per week. 36. Rights of children, girls and adolescents with disabilities. For the purposes of this Act, disability is en- tends as a physical limitation sensory, cognitive, mental, or any other temporary or permanent person to exercise or more essential activities of daily life. In addition to the rights enshrined in the Constitution and in international treaties and conventions, children, girls and adolescents with disabilities are entitled to enjoy a quality full life, and that they are provided the necessary conditions by the State so that they can fend for themselves, and integrated grarse society. Also: 1. Upon respect for difference and to enjoy a decent life in equal basis with others, to enable them develop their full potential and participate actively in the community.
Page 16 Act 1098 of 2006 16/118 2. Any child or adolescent who present congenital anomalies tas or disabilities, have the right to care, diagnosis, specialized treatment, rehabilitation and care is- peciales in health, education, guidance and support to members family or persons responsible for their care and attention. Also entitled to free education in institutions specialized for the purpose. It shall determine the national government institutions health and education that will address these rights. Like the national body in charge of the respective payment and collection processing of relevant. Three. A habilitation and rehabilitation, to eliminate or reduce limitations in daily life activities. April. A shares to be addressed and opportunities to reduce their vulnerability and enable participation in equal terms tions with others. 1 or . For adolescents with severe permanent cognitive disabilities, their parents or one of them, de- Bera will promote the process of interdiction to the competent authority tente, before reaching adulthood that, so from this was extended indefinitely subject to state homeland by authority of law. 2nd. Parents who take a comprehensive care disabled child will receive a special provision of this social- do. 3 . Empower the National Government, the depart- cough and municipalities to enter into agreements with public entities cas and private to ensure health care and access to special education for children and adolescents with abnormal or congenital disabilities.
Page 17 Act 1098 of 2006 17/118 The State shall ensure effective and ongoing compliance comprehensive protection rights in education, health, rehabilitation tion and welfare of adolescents with cognitive disabilities nitive severe deep, after the fulfillment of the eighteen (18) years of age. 37. Fundamental Freedoms. Children, girls and Teenagers enjoy the freedoms enshrined in the Constitution Politics and international human rights treaties. These freedoms are part of the free development of the personality ity and personal autonomy; freedom of conscience and believe- ences; freedom of worship; freedom of thought; freedom of locomotion; and the freedom to choose a profession or trade. PART II Guarantee of Rights and Prevention Chapter I 38. Obligations of the family, society and the State. Apart from what is stated in the Constitution and other laws, shall be obligations of the family, society and the State in its national, provincial, district and municipal levels pal all the provisions provided for in this code. 39. Obligations of the family.'s Family will have the obliga- tion to promote equal rights, affection, solidarity and mutual respect among all its members. Any shape violence in the family is considered destructive of its harmony and unit and must be punished. The obligations of the family to guarantee the rights of children, and adolescents: 1. Protect them against any action that threatens or violates the vi- da, dignity and personal integrity.
Page 18 Act 1098 of 2006 18/118 Two. Participate in democratic discussion spaces, design, formulation and implementation of policies, plans, programs and projects of interest to children, adolescents and families. Three. To train, guide them and to encourage them in the exercise of their rights rights and responsibilities and the development of autonomy. April. Enroll them from birth in the birth record. 5. Provide the necessary conditions to reach you adequate nutrition and health that allows them scam-optical physical, psychomotor, mental, intellectual, emotional and affective development and educate them on preventive health and hygiene. 6. Promote the responsible exercise of sexual rights and reproductive and collaborate with school education in this subject. 7. Include in the health system and social security from the time of his birth and take timely to con- periodic health checks, vaccinations and other medical services cos. 8. Assure you since birth access to education and provide the conditions and means for their proper development, ga- suring continuity and permanence in the educational cycle. 9. Refrain from any act or conduct involving dis- physical, sexual or psychological treatment, and attend orientation centers and treatment when required. 10. Refrain from exposing children and adolescents to si- situations of economic exploitation. 11. Deciding free and responsibly the number of children to which can sustain and form. 12. Observe demonstrations and cultural inclinations of children and adolescents and stimulate their artistic expressions and their scientific and technological skills.
Page 19 Act 1098 of 2006 19/118 13. To give them the necessary conditions for recreation and participation in sports and cultural activities of interest. 14. Warn you and keep you informed about the harmful effects you use and the use of legal and illegal psychoactive substances- them. 15. Provide them children and adolescents with dis- ity and egalitarian decent treatment to all members of the fami- lia and create conditions of equality of opportunity and autonomy so that they can exercise their rights. Enable appropriate spaces and to assure their participation in matters relating to their in- family and social environment. . On indigenous peoples and other ethnic groups Family obligations are established in accordance with their work conditions and cultures, provided they are not contrary to the Constitution Politics, law and international rights instruments Human. 40. Obligations of society. Pursuant to the principles of responsibility and solidarity organizations civil society, associations, companies, trade organi- Zado, economic associations and other legal persons and natural persons, have the duty and responsibility of take an active part in achieving the effective exercise of rights and guarantees of children, girls and adolescents. In this sense do, shall: 1. Know, respect and promote these rights and character pre- valent. Two. Respond actions that lead to the immediate protection to situations that threaten or undermine these rights. Three. Actively participate in the formulation, management, evaluation, monitoring and control of public policies related to childhood and adolescence.
Page 20 Act 1098 of 2006 20/118 April. Give notice or report by any means, crimes or ac- tions that violate or threaten. May. Collaborate with authorities in the implementation of the provisions tions of this law. 6. All other actions necessary to ensure the exer- cio of the rights of children, and adolescents. 41. Obligations of the State. The state is the context institution in the integral development of children, girls and adolescents. In fulfilling its functions in levels na- national, provincial, district and municipal shall: 1. Ensure the exercise of all the rights of children, and adolescents Two. Ensuring the conditions for the exercise of the rights and prevent threatened or compromised through the design and implementation public policy on children and adolescents. Three. Ensure allocation of resources to the fulfillment of public policy for children and adolescents in national, provincial, district and municipal levels-insured rar prevalence of their rights. April. Ensuring the effective protection and restoration of de- rights that have been violated. May. Promote peaceful coexistence in the family and social order. 6. Investigate and severely punish crimes in which children, girls and teenagers are victims, and ensure repairs ration of the damage and the restoration of their violated rights. 7. Solve prevalent character with resources, requests or ac- tions that present judicial children, girls and adolescents ing, family or society for the protection of their rights. 8. Promote at all levels of society, respect for physical, mental and intellectual integrity and the exercise of rights
Page 21 Act 1098 of 2006 21/118 children, girls and adolescents and how to make them effective tives. 9. Educate children, and adolescents and families in the culture of respect for human dignity, recognition of de- rights of others, democratic life and values humans and the peaceful resolution of conflicts. 10. Supporting families so they can ensure their children from conception, the food needed for their de- physical, psychological and intellectual development, at least until are 18 years of age. 11. Guarantee and protect the coverage and quality of care pregnant women and childbirth; comprehensively during the first five (5) years of child's life, through services and programs free quality care, including vaccination obligatory against all preventable disease, with agency response family responsibility. 12. Ensure the registration and processing of civil registry na- growth through effective and free of charge. For the effect to the National Civil Registry and the Ministry of Social Protection shall regulate the proceedings jointly administered trative ensure that the child leaves the medical center gift- of birth, your birth certificate and birth certificate I live. 13. Ensure that children, girls and adolescents have access to the Social Security System in Health in a timely manner. This right will be effective immediately by re-affiliation newborn infant to one of the regimes of law. 14. Reduce morbidity and infant mortality, prevent and eradi- dicar malnutrition, especially in children under five years and advance immunization programs and disease prevention ties that affect children and adolescents and the factors risk of disability.
Page 22 Act 1098 of 2006 22/118 15. Ensure health services and food subsidy definition two on the law of social security system for health pregnant and lactating women, families in weakness ma- nifiesta and children and adolescents. 16. Prevent and deal as prevalent, different forms violence and all kinds of accidents that undermine the right to life and the quality of life of children, girls and adolescents tees. 17. Ensure the conditions for children, girls from birth, have access to quality education and quality either in educational institutions near your home, or me- by utilizing technologies that ensure such access, so- to in rural and urban settings. 18. Ensure the means and conditions that guarantee the per- permanence in the education system and fulfilling its cycle full training. 19. Ensure a respectful school environment of dignity and Human Rights of children, girls and adolescents and des- trample teacher training programs to promote good deal. 20. Eradicate the education system teaching practices dis- natory or exclusionary and penalties involving abuse, or impairment of dignity or physical, psychological or moral integrity children, girls and adolescents. 21. Addressing the specific educational needs of children, girls and adolescents with disabilities, with capacities ex- ceptional and emergencies. 22. Ensure etnoeducacin for kids, girls and ado- indigenous and other ethnic groups adolescents, in accordance with Constitution and the law governing the subject.
Page 23 Act 1098 of 2006 23/118 23. Develop and implement strategies for the prevention and control of school dropouts and preventing removal of children, girls and adolescents in the education system. 24. Promote sport, recreation and activities of super- experience, and provide the materials and equipment necessary for their practical regular and continuous ca. 25. Encourage participation in cultural life and the arts, creativity and artistic, scientific and technological production of children, adolescents and devote special resources for this. 26. Prevent and address sexual violence, violence within Family and child abuse, and promote the spread of right- sexual and reproductive rights. 27. Paying special attention to children, girls and adolescents ing that they are at risk, violation or emergency cia. 28. Protecting them against arbitrary displacement that ale- jen of your home or place of habitual residence. 29. Ensure that they are not exposed to any form of exploitation economic situation or begging and refrain from using them in active ities military psychological operations, civic campaigns military and the like. 30. Protecting them against the involvement and recruitment into groups armed groups operating outside the law. 31. Ensuring food to children, and adolescents that processes are in protection and restoration of their rights, without prejudice to the other people who should pay food in terms of this Act, and ensure mechanisms mos effective enforcement and compliance with the obligations food. 32. Eliminating the worst forms of child labor, the work of boys and girls under 15 years, protect teens
Page 24 Act 1098 of 2006 24/118 authorized to work, and ensure their access and retention the education system. 33. Promote educational communication strategies for trans- form cultural patterns that tolerate child labor and highlighted- ing the value of education as a fundamental process for the develop- development of children. 34. Ensure the presence of the child or adolescent in all activities that interest them or that involve any kind in you to take the necessary measures to safeguard physical and psychological integrity and ensure compliance with the terms stated in the law or regulations against because process. Ensure the presence in these actions of their parents, of responsible persons or their legal representative. 35. Search and locate the family of origin or those with quie- tions coexist as soon as possible when they are under unaccompanied age. 36. Ensure the assistance of a translator or a specialist in communication when the conditions of age, disability or cultural ra of children, girls and teenagers require. 37. Promote compliance with the responsibilities assigned in this Code to the media. . This list is not exhaustive and in any case the Es- State shall ensure prevalently, the exercise of all rights of children, girls and teenagers enshrined in the Constitution, international treaties and conventions Human Rights and in this code. 42. Obligations of special educational institutions you go. To fulfill its mission of educational institutions will including the following obligations: 1. Facilitate the access of children and adolescents to the system education and ensure their permanence.
Page 25 Act 1098 of 2006 25/118 Two. Provide relevant and quality education. Three. Respecting dignity in all circumstances of the members of the educational community. April. Facilitate student participation in academic management mica the school. May. Spaces Open communication with parents to monitoring the education process and promote democracy in relationships within the educational community. 6. Organize programs leveling of children who exhibit learning difficulties or are late in the cycle and establish school counseling programs and psychological. 7. Respecting, allow and encourage the expression and knowledge various national and foreign cultures and organize activities extracurricular education with cultural community to this end. 8. Encourage demonstrations and cultural inclinations of the children and adolescents, and promote their artistic production, science and technology. 9. Guarantee the use of technological means of access and dissemination of culture and provide the establishment of a library adequate. 10. Organize activities for the knowledge, respect and conservation of environmental, cultural, architectural heritage and archaeological value. 11. Encourage the study of foreign languages and national and special languages. 12. Avoid any discriminatory conduct based on sex, ethnicity, creed, socio-economic status or any other affecting the exercise of their rights. 43. fundamental ethical obligation of establishments education. institutions of primary and secondary education,
Page 26 Act 1098 of 2006 26/118 public and private, have a fundamental obligation to ensure children and adolescents with full respect for their dignity, life, physical and moral integrity within the school environment. For such Indeed, they must: 1. Educate children and adolescents in respect for fundamental values of human dignity, Human Rights us, acceptance, tolerance of differences among people. These should be treated with respect and instill considerate others, especially to those who have disabilities, particular vulnerability or outstanding abilities. February. Effectively protect children and adolescents against all forms of abuse, physical or psychological aggression, humiliation, discrimination or ridicule from other peers and teachers. Three. Establish its regulations appropriate mechanisms deterrent, corrective and rehabilitative nature to prevent aggression physical or psychological behavior mockery, contempt and humiliation of children and adolescents with learning difficulties in- ing in the language or to children and adolescents with skills outstanding or special. 44. Additional Obligations of institutions educational . The principals and teachers of the local academic and educational community in general will launch mechanisms for: 1. Verify the registration of the birth record. Two. Establish early detection and support and guidance cases of malnutrition, abuse, neglect, sexual abuse, violence domestic, and economic and labor exploitation, forms contem- porary of servitude and slavery, including the worst forms of child labor.
Page 27 Act 1098 of 2006 27/118 March. Affiliation Check students at a rate of sa- lud. April. Guarantee children and adolescents full respect dignity, life, physical and moral integrity within the coexistence school. 5. Effectively protect children and adolescents against all forms of abuse, physical or psychological aggression, humiliation, discrimination or ridicule from other peers or teachers res. 6. Establish regulations on appropriate mechanisms for deterrent, corrective and rehabilitative nature to prevent aggression physical or psychological behavior mockery, contempt and humiliation of children and adolescents with difficulties learning the language or to children or adolescents with capacity outstanding or special needs. 7. Preventing trafficking and consumption of all kinds of substances psycho- dependence-producing active in educational facilities tions and ask the authorities competent effective actions trafficking, sale and consumption around the facility educational. 8. Coordinate educational, therapeutic and technological support necessary for educational access and integration of the child or Teen with disabilities. 9. Report to the competent authorities, situations of abuse so, abuse or worst forms of child labor detected in children and adolescents. 10. Guide the educational community for training in the sa- sexual and reproductive health services and life partner. 45. Prohibition of cruel, humiliating or sanctions- Degrading. Principals and teachers in public schools or deprived of formal, non-formal and informal, may not im- add penalties involving physical or psychological abuse of
Page 28 Act 1098 of 2006 28/118 students in their charge, or take action that somehow affect their dignity. Moreover, their inclusion is prohibited under any form, in manuals of school life. 46. Obligations Special Security System Social Health. are special obligations of the Security System the Social Security Health to ensure the right to health of children, girls and adolescents, among others, the following: 1. Designing and developing prevention programs in health, en- special vaccination, food supplements, supplementation nutritional monitoring nutritional status and improvement eating habits. Two. Designing and developing programs for the prevention of infections acute respiratory infections, acute diarrheal disease and other in- prevalent diseases of childhood. Three. Designing, developing and promoting programs that guarantee counseling pregnant women to carry out the proof- voluntary HIV / AIDS and if positive conse both ba- Jeriah as antiretroviral treatment and care and attention to avoided during pregnancy, childbirth and postpartum MTCT mother and child. April. Arrangements to ensure both the test HIV / AIDS monitoring and treatment required for the re- newborn infant. May. Ensure timely and quality care to all children, and adolescents, especially in cases of emergency. 6. Ensure immediate action of medical and administrative tive when a child or adolescent is hospitalized Zado or require treatment or surgery and there is dangerous gro imminent for his life; lacks legal representative Or in a situation that prevents consent from mane- ra timely or not authorized for personal, cultural, cre-
Page 29 Act 1098 of 2006 29/118 do or is negligent; in response to the interests of the child or adolescent or the prevalence of their rights. 7. Ensure free access of adolescents to specialized sexual and reproductive health. 8. Develop programs for the prevention of pregnancy- desired and specialized protection and priority support to mothers adolescents. 9. Designing and developing specialized programs to ensure early and adequate physical abnormalities, mental, detection sensory and emotional development of children, girls and adolescents; for which it will train health personnel in the handling and application of specific techniques for prevention, de- protection and management, and establish mechanisms for monitoring, control and monitoring of cases. 10. Train staff to detect physical abuse and psychological chological, abuse, sexual exploitation and violence in children, nor- girls and adolescents, and report to the competent authorities identified and all situations that may constitute a criminal offense in which the child or teenager is a victim. 11. Develop and provide programs to educate chil- dren, girls and adolescents, family members and community in hygiene and sanitation practices; in mane- jo solid waste, recycling of waste and the protection of the am- temperature. 12. Arranging for every child or young submit congenital abnormalities or disabilities, entitled to receive from the state, care, diagnosis, specialized treatment and rehabilitation, special care health, counseling and support to family members or persons nas responsible for their care and attention.
Page 30 Act 1098 of 2006 30/118 47. Specialty Accountability means co- communication. The media, in the exercise of his au- autonomy and other rights, shall: 1. Promote, through the dissemination of information, the rights and freedoms of children, girls and adolescents and their social well-being and physical and mental health. February. Respect for freedom of expression and the right to infor- tion of children, girls and adolescents. Three. Adopt policies for the dissemination of information about children, and adolescents in which this character has pre- valent of their rights. April. Promote dissemination of information to enable the localization tion of the parents or persons responsible for children or ado- when for any reason adolescents are separated from them were lost or are requested by the authorities competent. May. Refrain from transmitting defamatory against in- infancy and adolescence. 6. Refrain from broadcasts or publications that care ten against the moral, psychological or physical integrity of minors, which incite violence, inciting to criminal acts or violations, or contain descriptions or morbid- nogrficas. 7. Refrain from transmitting television cigarette advertising alcohol and child schedules classified as fringe by the orga- competent body. 8. Refrain from interviewing, to name, to disclose data identified or likely to lead to the identification of children or- girls and adolescents who have been victims, perpetrators or witnesses of criminal, except when necessary to ensure the de-facts I right to establish the identity of the child or adolescent victim of de- lito, or your family if whatever unknown. In any other
Page 31 Act 1098 of 2006 31/118 circumstances, the parental consent will be required or, default, the Colombian Institute of Family Welfare. . The media will be responsible for violation of the provisions of this article. The Institute Colombian Family Welfare may take part in the process cases that are ahead for such violations against the media. 48. Designated messages warranty and reestablishment ing picture. Concession contracts services Broadcasting and electromagnetic spaces include the concessionaire's obligation to lease space programming to transmit messages warranty and reinstatement of rights determine that for this purpose the Colombian Family Welfare Institute Fa- miliary aimed at children, and adolescents and their fami- lees. In some of these spaces, and at least once a week, will be presented with full names and recent photo, people who have been convicted in the past month by either offenses under the Title IV, "Crimes Against Liberty, Sexual Integrity and Education ", where the victim was a minor . 3 49. Obligation of the National Television Commission. The National Television Commission or the person acting guaranteed It ducted at the best interests of children and families, preserving and expansion of child and youth stripes and content pe- daggico of these stripes to ensure the dissemination and knowledge the rights and freedoms of children, girls and adolescents enshrined in this law. Likewise, the National Commission Ensure that TV broadcasting programs and materials 3 Judgment C-061-08. paragraph 2 of Article 48 of Law 1098 2006 , Code for Children and Adolescents.
Page 32 Act 1098 of 2006 32/118 denominated in child strip scenes or messages are not presented violent material or advocating violence. Chapter II 50. Reinstatement of Rights. means restoration of the rights of children, girls and adolescents Centes, restoring their dignity and integrity as individuals and the ability to effectively exercise its rights have been violated. 51. Obligation restore rights children, and adolescents. Restoring the de- rights of children, girls and adolescents is the responsibility State as a whole through public authorities, quie- tions are required to inform, officiate or lead to the polic- ed, the defenders of family, police family or your de- defect, police inspectors or Municipal Attorney or dis- tritales, all children, girls and teens who are found- train in conditions of risk or vulnerability. When this happens, the competent authority shall ensure that the System Nations nal of Family Welfare guarantee its linkage to social services cial. 52. Verification of the security picture. In all cases, the competent authority shall, immediately, verified car the compliance status of each of the rights of children, and adolescents, embodied in Title I of the Li- bro I of this Code. Shall be verified: 1. The state of physical and psychological health. February. Nutrition and vaccination status. March. Enrollment in the birth record.
Page 33 Act 1098 of 2006 33/118 4. The location of the family of origin. May. Study of the family environment and the identification of both ele- protective and risk elements for the realization of rights. 6. Linking to health care and social security. 7. Linking the education system. 1 . From the above actions shall be recorded expressed, which will serve to define the relevant support measures for the restoration of rights. 2nd. If the competent authority identifies the occurrence of a possible crime, you should report it to the criminal authority. 53. Measures for restoration of rights. measures are das for reinstatement of rights of children, girls and adolescents which are indicated below. For the restoration tion of the rights established in this code, the authority competent take one or more of the following measures: 1. Reprimand with compulsory attendance at educational course. February. Immediate removal of the child or adolescent activity that threatens or violates their rights or illicit activities you can find and location in a program of care is- pecializada to restore the right violated. Three. Immediate family environment location. April. Location of emergency centers for cases where no appropriate location in the homes of step. May. Adoption. 6. Besides the above, the provisions enshrined in the other laws, or any other to ensure the protection full of children, girls and adolescents. 7. Promote policivas, administrative or judicial actions that they exist.
Page 34 Act 1098 of 2006 34/118 1 . The competent authority shall ensure that all provisional or definitive measures to restore rights that are decreed, accompaniment to ensure fami- lia of the child or adolescent requires. 2nd. For children and adolescents victims natural disasters or other emergencies, the authorities ties take any of the measures set out in this article and the other to indicate the authorities responsible for the care tion of disasters to protect their rights. 54. reprimand. measurement reprimand is in an order that the parents or persons responsible care of the child or teen about compliance or obligations that the law imposes. Com- comprising the peremptory order to stop the behaviors that can violate or threaten the rights of children, adolescent girls and adolescents, with the obligation to attend an educational course on rights of children, by the Ombudsman, under penalty of fine convertible arrest. 55. Failure of the measure. Failure the obligations imposed by the measure of reprimand acarre- It ar offenders the penalty of fine equivalent to the value of one (1) to one hundred (100) Daily minimum wages legal force, converter able in arrest rate of one (1) day for each daily minimum wage current legal penalty. This penalty will be imposed by the Ombudsman Family. 56. Location of family of origin or extended family. Is the location of the child or adolescent with parents or relatives according to the provisions of Article 61 of the Civil Code, when these conditions are offered to guarantee the exercise their rights.
Page 35 Act 1098 of 2006 35/118 If checking the status of your picture shows that family lacks the financial resources necessary to ensure- will the standard of living, the competent authority shall inform the entities of the National Family Welfare for you family to provide adequate resources as she can ga- rantizarlos. 57. passage home location. Placement in home step is the immediate and temporary location of the child or adolescent lescent with families who are part of the network of halfway houses. Appropriate measure when parents, relatives or not appear persons responsible for their care and attention. The location in Paso Home is a transitional measure, and du- ration may not exceed eight (8) days, which term the competent authority to enact other protective measures. 58. Paso Homes Network. means by Network Paso Homes group of families enrolled in the program of protection of children, girls and teenagers, who are dis- set to accept them voluntarily and subsidized by the This- do, immediately, to provide the necessary care and attention sary. In all districts, municipalities and indigenous territories in the terri- national thorium, governors, mayors, assisted art of the Colombian Institute of Family Welfare, organize networks established homes and step recording, the regulations, resources, the selection criteria and mechanisms and controls monitoring and surveillance of families, according to the prin- principles set out in this code. 59. Same Home location . It is a measure of pro- provisional protection takes the competent authority is the location of the child or adolescent in a family that is com-
Page 36 Act 1098 of 2006 36/118 promises to provide the care and attention necessary to replace family of origin. This measure shall be decided by the shortest possible time according to the circumstances and objectives pursued without being able exceed six (6) months. The Family Advocate may be prolonged, for cause, for a term equal to the initial prior Legal approval from the Head of the Regional Direction Colombian Institute of Family Welfare. In no case may granted to persons residing abroad or he may leave the country the child or adolescent subject to this measure of protection without authorization of the competent authority. The Colombian Institute for Family Welfare assigned a contribution monthly to the foster home to meet expenditure only the child or adolescent. During such as the Institute subrogated rights against any person who by law must ali- ments to the child or adolescent. In no case will be set employment relationship between the Colombian Institute of Family Welfare and those responsible for foster care. . In the case of children and adolescents indigenous nas, it will tend first choice, the location of retail an Indian family. The ICBF to ensure these indigenous families the monthly contribution in this article. 60. Linking specialized care programs for the restoration of violated rights . When a child, a child or teenager is the victim of any act that violates their rights to protection of their personal integrity, ie victim of an offense, or in the case of an adolescent or older woman Pregnant 18 years, must be linked to a program of care specialist to ensure the restoration of their rights. 1 . The specialization of the programs should be defined from diagnostic studies to determine the natural
Page 37 Act 1098 of 2006 37/118 leza and scope thereof. Programs should obey social problems affecting children, girls and adolescents, and be formulated within the framework of public policies childhood and adolescence within the National Welfare System Family. 2nd. The National Government and the Colombian Institute for Family Welfare issued the relevant regulations to functioning and operation of houses of pregnant mothers and assistance programs and care of women with pregnancy- seados dealt with in this article, in the 12 months fol- following the issuance of this law. 61. Adoption . Adoption is mainly and ex- excellence, a protective measure by which, under the su- prema state surveillance is established irrevocably the parent-child among people who do not naturally have. relationship 62. The central authority for adoption . The au- Central thority on adoption is the Colombian Institute of Family Welfare. Only they can develop adoption programs, the Institute Colombian Family Welfare and Institutions duly authorized by this. 63. Hometown adoption . As may be adopted those under 18 the special status of adoptability, or those whose adoption has been previously consented to by their parents. If the minor's goods, the adoption was done with the formalities des required for keepers. 64. The legal effects of adoption . Adopting produced ce the following effects:
Page 38 Act 1098 of 2006 38/118 1. Adopter and Foster acquired by adoption, the rights and obligations of parent and child. February. Adoption establishes civil relationship between the adoptive and adopter, extending in all lines and grades to consanguineous bananas, adoptive or related to these. Three.'s Adopted as surnames take the adopters. In As for the name, it can only be modified when the adoptee is less than three (3) years, or consents or the court finds it jus- fied the reasons for change. April.'s Adoption, the adoptive ceases to belong to his family and extinguishes all related by blood, subject of imperialism matrimonial sediment ordinal 9th Article 140 of the Code of Ci- vile. May. If the adopter is the spouse or permanent companion pa- dre or blood stem foster such effects do not occur respect of the latter, with which he retained links in family. 65. Shares claim . No one shall be actionable some inbred to establish parentage of the adopted or re- know him as a son. However, the adopted any time may promote the civil actions claim status qu e corresponds respec- to their biological parents, only to demonstrate that those passed through such at the time of adoption, were not carried dad. The prosperity of the claims of the adopted in this case, no extinguished the effects of adoption, unless a court declaration the order and with the consent of the adoptive. The adopter- Bera will be heard in the process.
Page 39 Act 1098 of 2006 39/118 66. the consent. Consent is the manifestation informed, freely and voluntarily tion to give a child for adoption or daughter by those who exercise parental authority to the Ombudsman Family, who will report extensively on its consequences ing legal and psychosocial. This consent must be valid civilly and suitable constitutionally. For consent be valid it must meet the following requirements: 1. Ensure that it is error-free, force and fraud and have cause and object lawful. Two. Which has been given prior information and advice sufficient ing on psychosocial and legal implications of the decision. It is ideal when one constitutionally give consent has been duly and fully informed, advised and has fitness to grant it. It means having the ability to give consent tion one month after the day of delivery. Consent for the purposes of adoption, false means ta the parent, not only when deceased, but also- also when is suffering from mental illness or severe abnormality psychic certified by the National Institute of Legal Medicine and Forensic Sciences. No consent shall be valid to be given to the adoption tion of the unborn child. Nor have we the consent to that accorded in relation to adopting certain, except when the adoptive adopter is a relative within the third degree of consanguinity or second degree, or who is the son of spouse or life partner of the adopter. Who or who express their consent to adoption It may be withdrawn within the month following its issuance. Adolescents should receive specialized psychosocial support by the Colombian Institute for Family Welfare
Page 40 Act 1098 of 2006 40/118 they can stay with their child, or to grant consent free and informed. The consent of the parent me- North of eighteen (18) years shall be valid if it results in lle- not the requirements of this Article. In this case will be assisted by their parents, or people who are under their care and by the Public Ministry. 67. familiar Solidarity . The State recognizes the cum- compliance with the duty of solidarity that holds the different family source, which assumes the permanent protection of a ni- No, child or adolescent and offers appropriate conditions for de- and harmonious development of their rights. In this case not modi- fica kinship. . If any person or couple wants to adopt the child care is different from the family home and meets adoptability condition, which requires the code, can do to Unless the family that takes care of the child or adolescent cente, decides to adopt him. 68. Requirements to adopt. whom may adopt, with able, has 25 years of eda d, is at least 15 years the adoptable, and ensure physical, mental, moral and social suitability sufficient to provide an adequate and stable child family, child or adolescent. These same qualities are required to taken together. They may adopt: 1. Unmarried people. February. Spouses together. Three. Together permanent companions, demonstrating a seamless coexistence of at least two (2) years. This term is counted from the divorce decree, if with respect to conform to the couple or one of them, had been living people a previous marriage.
Page 41 Act 1098 of 2006 41/118 4. The ward's guardian or former student once approved the accounts tas administration. May. Spouse or life partner, the spouse or child of companion, showing a continuous coexistence of at least two (2) years. This rule shall not apply in respect to age in the case of adoption tion by a spouse or life partner in respect of son of a spouse or life partner or a relative within the third degree of consanguinity or second of affinity. 1 . The presence of children does not preclude the adoption training. 2nd If the child or young person's goods, the adoption will be done with the formalities required for the guardians. 69. Adoption of adults. may be adopted to of age, when the adoptive care had been per- staff and have lived under the same roof with him, at least two years before this turned eighteen (18) years. Adopting older must consent by only tion between the adopter and the adopted. For these events the process so be advanced before a family court. 70. Adoption of child or adolescent indigenous . Addressing the jurisdictional powers of the indigenous authorities nas, the adoption of a child, a teenager or an Indian girl when the adoptive parents are members of their own community pro- will yield according to their customs. When the adoptive parents are persons who do not belong to the co- community of child or adolescent indigenous, adoption process It Deraa through consultation and with the favorable opinion of the au-
Page 42 Act 1098 of 2006 42/118 thorities of the community of origin and be conducted in accordance with provisions of this Code. 71. Colombian Priority for adopters. Institute Colombian Family Welfare and institutions authorized by this program to advance the adoption, preferred, in equal conditions, applications submitted by and Colombia- nas, when they fulfill the requirements of this Code. If a Colombian family resident in the country or abroad and foreign, will be preferred to the Colombian family, and if there are two fa- ilies a foreign country not acceded to the Hague Convention Beech or other bilateral or multilateral agreement on the nature same direction and another yes, that will be privileged country signer respective agreement. 72. Intercountry Adoption . In addition to the provisions tions above, international adoption is governed by the Treaties and International Conventions ratified by Colombia on this ma- artery. The Colombian Institute of Family Welfare as authority Central, authorize the accredited bodies and international agencies tions, have complied with the requirements outlined in the law and the international conventions ratified by Colombia and te- taking into account the need for service. The Ministry of the Interior Justice and recognize legal personality and shall record their repre- Legal representatives. Both international agencies as accredited agencies both of them must renew the authorization to the Colombian Institute of Family Welfare every two years. 73. Adoption Program . By adoption program understand the set of activities to restore the right- right of the child or young person to have a family.
Page 43 Act 1098 of 2006 43/118 The Colombian Institute of Family Welfare Committee through Adoption Agency and in each Regional Authority and Institutions lysed by this to develop the Adoption Program through its Adoption Committee will be the body responsible for the selection tion of Colombian and foreign adoptive families and allocation of children and adolescents adoptable. In assigning the family to perform Adoption Committee, is give priority to the Colombian families in accordance with the en- tablished in Article 71 of this Code. Failure to rule will result in disciplinary sanctions and void if said assignment. 4 1 . Institutions Authorized to develop Adoption Program fully guarantee the rights of children and adolescents that can be adopted, while remain under their care and may not deliver a person- guna without complying with the requirements of the present Code you. 2 . Integration committees adoptions The ICBF Adoption Committees and authorized institutions, shall be composed of the Regional Director or his delegate ICBF, the director of the institution or his delegate, a social worker, a psychologist and others to designate, as applicable, ICBF or the boards of the institutions. 3 . Requirements for Accreditation agencies or ins- institutions that provide intercountry adoption services should include the presentation of evidence which suggests a strong position financial and an effective system of internal financial control and and external audit. These entities will be required to maintain financial statements, to be subject to supervision by the authority, 4 Ignorance corrected by Article 1 of Decree 578 of 2007.
Page 44 Act 1098 of 2006 44/118 including a detailed statement of the costs and expenses average gave associated with different categories of adoptions. Information regarding costs, expenses and fees charge agencies or institutions for the provision of services intercountry adoption should be made available to the public. 74. Prohibition of payment . Neither the Colombian Institute of Family Welfare and the institutions authorized by this for des- trample the adoption program, they may charge directly or indirectly mind any payment for the delivery of a child or adolescent cente to be adopted. In no case may be rewarded the parents for the delivery to make your hi jos to be given in adoption or exercise any pressure on them to get their con- feeling. They may not receive donations from families adopted sented prior to adoption. Are absolutely prohibited donations from people na- natural or foreign institutions to Colombian institutions in return for the delivery of children or adolescents adoption. . Without prejudice to any criminal proceedings that may be required, breach of this provision will lead to the dismissal of official offender, or cancellation of authorization to ade- lantar adoption program if the act was committed by an authorized institution. 75. Reserve . All documents and administrative actions trative or judicial own adoption process, will be reserved fords for a term of twenty (20) years from the execution of the court order. Of these only may be issued a copy of the requested cation adopters hicieren directly, through its apode- rado or Family Advocate or that any adoptive reached adulthood, the Attorney General's Office; the Institu- to Colombian Family Welfare through its Office of Con-
Page 45 Act 1098 of 2006 45/118 Internal Disciplinary control, the Attorney General's Office, the Coun- jo Superior Judiciary through its the Disciplinary Jurisdictional Chamber plinary, for purposes of criminal or disciplinary investigations that might arise. 1 . The adopted, however, may appeal to the Tri- Superior Bunal corresponding, by proxy or assisted by the Family Advocate, as appropriate, to request that the order lifting of the reservation and access to information. 2nd. An official who violates the reservation, allow ac- copy so issued or unauthorized persons shall incur causal misconduct. 76. law adopted to meet the family and home. Notwithstanding the provisions of the preceding Article, adopted is entitled to know its origin and character of their bond fami- liar. Parents judged the time and the conditions in which no is unfavorable to the child or teen know that information. 77. System reset information right- rights . Create the system reset information right- rights by the Colombian Institute for Family Welfare tie- ne purpose is to keep track of children, adolescent girls and adolescents whose rights are reported as threatened or vulnerable two. Such record shall include the restoration measure adopted the official who announced the performance and term of the process. This system shall maintain a record for the development of pro- adoption program. 78. accreditation requirements . The requirements for accredited tion to international bodies or agencies providing ser- intercountry adoption services shall include the presentation of
Page 46 Act 1098 of 2006 46/118 evidence indicating a strong financial position and a system effective internal financial control and external audit. It be required to accredited bodies and international agencies stay updated financial statements to be submitted to the supervision of the central authority of both the Receiving State, as State of Origin. " Chapter III 79. Defenders Family . They are units of Insti- Colombian Family Welfare Statute of multidisciplinary nature nary, responsible to prevent, protect and restore the rights children and adolescents. Family Ombudsmen technical teams will have inter- disciplinary integrated, at least, by a psychologist, a work- cial worker and a nutritionist. Concepts issued by any member of the equi- po technician shall be considered expert opinion. 80. Qualities for Family Advocate . For Family Advocate the following qualities are required: 1. Being a practicing lawyer and current professional card. Two. No criminal or disciplinary history. Three. Accredit graduate degree in Family Law, Law Civil, Administrative Law, Constitutional Law Procedure, Human Rights, or Social Sciences and always where in the latter case the study of the family is a compo- curricular component of the program. 5 5 Judgment C-149-09 . paragraph 3 of Article 80.
Page 47 Act 1098 of 2006 47/118 Whenever you understand that to comply with the requirement can den also accredit other graduate degrees that are related to those which are directly quoted, clear and unambiguous relation functions assigned to the family advocate, in accordance with Articles 81 and 82 of the Act. [ Judgment C-149-09 ] 81. Duties of Family Advocate . The duties of Family Advocate: 1. Direct the process, ensure its quick fix, take me- measures conducive to prevent gridlock and achieve the greatest judicial economy, on pain of incurring liability for delays occur. February. Implementing the equality of the parties in the process, using the powers that the Code grants. Three. Prevent, remedy and sanction by the means prescribed by law, acts contrary to the dignity of justice, loyalty, honesty and good faith to be observed in the process, like any ten- tative of procedural fraud. April. Employ the powers that the law confers on him testing, whenever it deems appropriate and conducive to verify the facts alleged by the parties and avoid annulments and Orders inhibitory. May. Saving reservation on the decisions to be issued in processes, under penalty of misconduct. The same duty applies for public servants of the Family Advocacy. 6. Issue the orders within legal terms; resolve processes in the order in which they entered his office, sal- vo legal precedence; fixing hearings and proceedings in the opportunity ing legal and attend. Whenever you can understand that the requirement for also accredit other graduate degrees that are related to the aforementioned and which have a direct, clear and unambiguous relation to assigned duties the defender of the family, in accordance with Articles 81 and 82 of the Act.
Page 48 Act 1098 of 2006 48/118 . The violation of the duties referred to in the present fa lta article is to be punished in accordance with respective disciplinary regime. 82. Functions of the Family Advocate . Applies to Family Advocate: 1. Overtaking of office, the necessary actions to prevent, protect, secure and restore the rights of children, the ni- sized, adolescents and teenagers when they have information on its breach or threatened. Two. Adopt measures of reinstatement set forth in the pre- present law to stop the violation or threatened rights children, or adolescents. Three. Issue concepts mandated by law, in proceedings judicial or administrative. April. Perform the functions of police outlined in this Code. May. Dictate measures of reinstatement of rights for boys and girls under fourteen (14) years who commit crimes. 6. Taking the welfare of the person responsible teen having infringed the penal law to the criminal court for teenagers. 7. Grant permission to leave the country for children, girls and adolescents, when the judge's intervention is not necessary. 8. Promote conciliation procedures in matters related both rights and obligations between spouses, partners per- nent, parents and children, family members or persons respon- sables care of the child or adolescent 9. Approve reconciliations in relation to the allocation of personal care and custody of the child, the establishment of the relationship tions maternal or paternal subsidiaries, determining share food mentary, the provisional attachment of separate residence, the suspen- sion of the common life of the spouses or permanent companions ing, separation of bodies and goods of civil marriage or religious
Page 49 Act 1098 of 2006 49/118 gious, the sureties of marital behavior, dissolution and settlement of marriage for causes other than death spouse and other aspects of the economic system mico sucesorales marriage and rights, without prejudice to the jurisdiction conferred by law notaries. 10. Cite alleged father with a view to voluntary recognition the illegitimate child is born or unborn, and if occur, extending the respective record and order entry or co- correction of name in the register of civil status. 11. Promote judicial processes or procedures that may be required in defense of the rights of children, or adolescents, and intervene in the processes in which these rights are discussed, without affecting the operation of the Public Ministry and the representation Judicial training that may be required. 12. Represent children, or adolescents in the ac- judicial or administrative situations when lack of representation ever, and this is absent or incapacitated, or the agent threat or violation of rights. 13. Setting provisional alimony, provided that is not achieved conciliation. 14. Declaring a state of adoptability as he finds the child or adolescent 15. Authorize the adoption in the cases provided by law. 16. Formulate criminal complaint when you realize that the child or teenager has been the victim of a crime. 17. Perform the functions conferred by section 71 of the Act 2004 906. 18. Advice and guidance to the public on the rights of the in- infancy, adolescence and family. 19. Request the registration of the birth of a child, the correction , modification or cancellation of civil registration, before the Directive tion National Registry of persons, provided that
Page 50 Act 1098 of 2006 50/118 within the administrative process of restoring their rights rights is proved that the name of that do not correspond to the reality of their marital status and their biological origin without go to the family courts. 83. Commissioners for family. district entities or Son municipal or inter-municipal administrative and interdisciplinary plinary, part of the National Welfare Fa- miliary, whose mission is to prevent, secure, restore and repair rights of family members violated by situations of domestic violence and others established by law. The Colombian Institute of Family Welfare as an entity co- ordinator of the National Family Welfare will be the respon- gado dictate the art line the Family Counselling All country. 84. Establishment, composition and regulation . All municipalities will have at least one Family Commission as density of population and service needs. His creation tion, composition and organization corresponds to the Councils Muni- MAI. The Family Counselling will be made up for at least an attorney, who shall act as Commissioner, a psychologist, a social worker, a doctor, a secretary, in the municipalities of medium and higher density of population. The Police have the continued support of the National Police. The Government re- It glamentar matter in order to determine the municipality. In municipalities where it is not possible to guarantee the team mentioned in the preceding paragraph, the Commissioner will be supported by professionals working directly or indirectly with childhood- cia and family, such as teachers and psychologists of the cole- leges, doctors and nurses and hospital officials Colombian Institute of Family Welfare.
Page 51 Act 1098 of 2006 51/118 1 . The local authorities may enter into agree- children of association in order to carry out actions of purpose common to ensure compliance with the rights of children, girls and adolescents, according to the provisions of the Laws 136 1994 and 715 2001, or that modify. 2nd. Municipalities shall have a non-renewable term one (1) year from the effective date of this Act, the Commission gets Saria Family. Failure to comply with this requirement shall be grounds misconduct punishable under the provisions of Single Disciplinary Code. 85. Qualities commissioner for family . For Family commissioner the same qualities that are required to be Family Advocate. 86. Functions of Commissioner family . Applies to Commissioner of Family: 1. Ensure, protect, repair and restore the rights of family members violated by violence in- trafamiliar. Two. Attend and guide children, girls and adolescents and other household members during the year and re-establishment to their rights. Three. Receive complaints and take emergency measures and necessary in cases of crimes against children protection, girls and adolescents. April. Receive complaints and take protective measures in cases domestic violence May. Provisionally define custody and personal care share food and regulation of visits suspension of the common life of the spouses or permanent companions and
Page 52 Act 1098 of 2006 52/118 sureties fix marital behavior in situations of domestic violence. 6. Practicing bailouts to avert dangerous situations in a child or adolescent can be found, when the urgent tion of the case demands. 6 With the understanding that previously, the defense or the commissioner family should be in a written decision, evaluate the evidence showing that in each case meet the requirements for appropriate the raid for the sole purpose of effective Tuar rescue and protect the minor. [ Judgment C-256-08 ] 7. Develop prevention programs on violence domestic and sexual crimes. 8. Adopt measures for restoration of rights in ca- cases of child abuse and report the crime. 9. Implement the police measures that apply in cases of family conflicts, pursuant to the authority conferred on them Municipal Councils. 87. permanent care . The opening hours of the Defenders of Family and Family Commissions will be permanent and continuous, to ensure children, girls and adolescents ing the protection and restoration of their rights. The State- Bera will develop all the mechanisms that are required to give comply with this provision. 88. the National Police Mission. 's National Police is a corporation that integrates the National Welfare Fami- 6 Judgment C-256-08. Article 86, paragraph 6 in the understanding the advocate commissioner or family previously, a decision must written to appraise the evidence that gather in each case re- ments applicable to the search for the sole purpose of effective Tuar rescue and protect the minor.
Page 53 Act 1098 of 2006 53/118 liar. Your duty as a member of the System is to ensure the protection comprehensive training of children, girls and adolescents under powers and duties assigned by law. Have as Police specialized body of Childhood and Adolescence re- Police will summon the Child. 89. functions of the National Police to ensure the Rights of Boys, Girls and Adolescents. Subject functions attributed to other laws in relation to the right- rights of children, girls and teenagers, the National Police and especially the Police for Children and Adolescents, have the fol- following functions: 1. Comply with and enforce the rules and decisions for protection of children, adolescent girls and impart the or- State organisms. Two. Designing and implementing programs and education campaigns, pre- tion, security and restoration of the rights of children, and adolescents throughout the national territory. Three. To exercise surveillance and control in places of re- creation and sport and other public spaces where standard- mind attend children and adolescents and is the entry- educational establishments in their jurisdiction. April. Exercise surveillance to monitor and prevent income children, and adolescents to places of di- release for consumption of alcoholic beverages and cigarettes and enforce the ban on the sale of these products. May. To exercise surveillance to monitor and prevent income children and teenagers to places where exert sexual exploitation, shows are made unfit for children or adolescents, gambling halls and public places cos or private offering high risk threat to integrity physical and / or moral and take action that may be required.
Page 54 Act 1098 of 2006 54/118 6. To exercise vigilance to prevent, control and prevent the entry of children under fourteen (14) years halls electronic games. 7. Control and prevent the entry of children and adolescents cinemas, theaters or the like where shows are presented Elder-rated movie rentals and video rated for adults. 8. To exercise surveillance to control the carrying of firearms or sharps, alcoholic beverages, powder, drugs and pornographic material by children or adolescents, as well as items that infringe on their integrity, and proceed to seizure; 9. Designing prevention programs for adults on the carrying and responsible firearms, of alcoholic beverages, use gunpowder, war toys and cigarettes when they live or are accompanied by children or adolescents. 10. Provide support to the judicial authorities, and Defenders Family Commissioners, municipal ombudsmen and inspectors Po- Licia in the actions of police and protection of children, girls and adolescents and their families, and move where provenance you, to the homes of passage or places where you develop the specialized care programs in accordance with the order issued- da by these authorities. It is the duty of care centers specializing receive children, girls or adolescents- an conducted by the Police. 11. Supporting the Department of Administrative Security, DAS, and other competent authorities in the ongoing monitoring of traffic of children and adolescents in transportation terminals land, air and sea. 12. Contents intelligence efforts to combat networks dedicated ed to the production, trafficking or sale of psychoactive substances illegal coercive dependence producing, distribution and marketing of child pornography over the Internet or that-
Page 55 Act 1098 of 2006 55/118 any other means, trafficking or sexual exploitation of children and adolescents, or any other activity detrimental to their de- rights . 7 13. Advancing shares for the detection of children and adolescents teachers who perform prohibited work, any of the Worst forms of child labor, or in a position of exploitation and risk, and report the matter to the competent authority. 14. Receive complaints and complaints from the public about threatened parts or violations of the rights of children and adolescents, ac- Tuar immediately to ensure the rights and threatened to prevent infringement it when appropriate, or transfer to run the competent authorities. 15. Guarantee the rights of children and adolescents in all police procedures. 16. To exercise supervision and control of the institutions in charge of executing the penalties provided in this Code, to ensure the safety of children and adolescents Centes and prevent escape. 17. Provide logistics required to transport children and teens courts, hospitals, preventing and contro- lando any alterations that develop children, guaranteed Zando the normal development of children, adolescents, and the ins- tution. 90. Obligation in education and training . The Direc- General for the National Police created and integrated into the program ma academic training schools Police for income- so and promotion, with mandatory education and training rights of children and adolescents, child development, national and international standards and procedures related 7 Act 128 of 2009. .... Article 34 paragraph 12 of Article 89 is repealed Act 1098 of 2006.
Page 56 Act 1098 of 2006 56/118 comprehensive care and protection for children, girls and adolescents Centes. The Colombian Institute for Family Welfare in coordination with the National School of the National Police orga- nizarn courses necessary to have trained members of the Po- Licia for Children and Adolescents. The National Police Police train for Children and Adoles- cence in formation of Judicial Police for the purpose of these advise and support authorities when children, girls and adolescents they are involved in a criminal act, of according to the needs of the System of Criminal Responsibility Teen effect. 91. Organization . The Director General of Police Na- tion, define the structure of the Police Children and adolescents tion, which in any case must have a manager depends di- directly from the Directorate of Protection and Special Services in turn will depend on the ADG and effective presence commands in Department, Metropolitan Station and Specialized Agencies. 92. Qualities of Police for Children and Adolescents. In addition to the requirements of law and regulations, Police personnel of Childhood and Adolescence should be es- professional studies in areas related to the human sciences and social, have education and training in human rights and legislation of childhood and adolescence, procedures care and other materials that enable the full protection of children, and adolescents. Unless exceptional circumstances as determined by the Department General of Police, members of the Police Children and Ado- cence that have been selected and trained in special
Page 57 Act 1098 of 2006 57/118 ity, may not be assigned to different activities to states- to in this Code. . Police must advise Childhood and Adolescence the police officers on the conduct of the institution, performance and compliance with the rights of children, girls and adolescents and propose alternative direct improvement and generally in accordance with the functions assigned by this Code. 93. Disciplinary Control. Notwithstanding the competition ence preferred the Attorney General's Office consecrated Article 277 of the Constitution, and the actions worth- them in such event, the General Inspectorate of the National Police, is Arrange for further disciplinary proceedings related to violations of the provisions of this Code, committed by the members of the National Police. 94. Special prohibitions. driving is prohibited of children and adolescents through the use of handcuffs or any other means impairment of its dignity. Also the use of weapons is prohibited to prevent or avert the evasion of the child or adolescent is brought before authority competent, unless necessary to protect the physical integrity ca manager your driving to the threat of danger serious and imminent. Violation of this provision shall constitute a misdemeanor. 95. The Public Ministry. The Public Ministry is in- posed of the Attorney General's Office, the Public Defender Pueblo, and district and municipal ombudsmen, and have at their charge, in addition to those outlined in the Constitution and the law, the following functions:
Page 58 Act 1098 of 2006 58/118 1. Promote, disseminate, protect and defend human rights of children in public and private institutions with emphasis on the prevailing character of their rights, their interests and their mechanisms of protection against threats and violations. Two. Promote awareness and education of children, girls and adolescents for responsible exercise of their rights. Three. Arrange ex officio or at the request of any person, the peti- tions and complaints related to threats or violations of rights- rights of children, girls and adolescents and their family context, and advocate for timely, prompt and informally, because the solution tion is effective and take into account their interests and prevalence rights. April. Doing the observations and recommendations to the authorities and individuals under threat or violation of rights Human children, and adolescents. . The district and municipal ombudsmen should surveil- lar and act in all judicial and administrative processes res- establishment of the rights of children, girls and adolescents ing in those municipalities where there are no attorneys judicial- their family. Likewise shall inspect, monitor and control mayors to provide in their development plans, the pre- course that guarantees the rights and care programs is- pecializada for recovery. The family solicitors will work in all processes judicial and administrative cases in defense of the rights of children and adolescents, and may challenge the decisions taken. Chapter IV
Page 59 Act 1098 of 2006 59/118 96. competent authorities . Corresponds to the defen- sors family and curators seek and promote family rea- tion and restoration of rights under treaties two international, in the Constitution and this Code. Tracking measures of protection or restoration was adopted by the family advocates and stewards will be responsible the respective zonal coordinator of the center of the Colombian Institute Family Welfare. 97. Jurisdiction. shall be the competent authority ing on where the child, the child or adolescent is; but when you are out of the country, the competent authorities shall tion of where've had your last residence in the country. 98. subsidiary Competition. In municipalities where there is no Family Advocate, the functions attributed this Code utes will be fulfilled by the commissioner of family. Absent the latter, the functions of the defender and the commissioner of family correspond to the police inspector. The declaration of adoptability of the child or adolescent co- corresponds exclusively to the Family Advocate. 99. Initiation of administrative action . The repre- Legal Representative of the child or young person, or the person who has their care or custody, it may, with the defender or commissions sary of family or failing to police inspector, the pro- protection of the rights of that. You can also do it directly mind the child or adolescent. When the defending family or Commissioner or, where appropriate, the ins- spector of police aware of the failure, vulnerable tion or threat of any of the rights which this Code recognizes
Page 60 Act 1098 of 2006 60/118 children, girls and teenagers, will open the respective investi- tion, provided that it is within its jurisdiction; otherwise avi- Sara was the competent authority. In the opening providence of research shall order: 1. Identification and citation of the legal representatives of the ni- No, child or adolescent with people who live together or are responsible for your care, or who in fact they will have it to your charge, and those involved in the violation or threat of right- rights. February. Provisional measures requiring urgent protection comprehensive training of the child or adolescent. March. Practice tests deemed necessary to establish the facts constituting the alleged violation or threat of rights of children and adolescents. 100. Pending . When dealing with matters that may reconciled, the defense or the commissioner of family or, where appropriate, the police inspector shall summon the parties, by the most expeditious means, settlement hearing to be made within ten the following day knowledge of the facts. If the parties reconcile Minutes shall be kept and record what she reconciled and will be left approval. Failed attempt conciliation, or after the period pre- seen in the preceding paragraph without the hearing had taken place, and when in matters do not support it, the official in pro- assign a reasoned decision establish obligations child protection, including the interim obligation ali- ments, visitation and custody. The official will notify the application, for five days, the others interested or involved in the application, to be speak out and provide any evidence they wish to assert. Once the
Page 61 Act 1098 of 2006 61/118 transfer shall order the evidence it deems necessary, determine audience to practice them subject to the rules of civil procedure and it will fail by order replacement susceptible. This appeal must be filed orally at the hearing, quie- tions attended it, and those who did not attend the hearings ence will be notified by state and may bring an action in the terms of the Code of Civil Procedure. Solved the internal appeal or expiration of the term for inter- put it, the case must be referred to family court for approve the decision, if within five days of its execution tory either party or the Public Ministry requested in ex- pressure of the reasons for the dissatisfaction is based, the court re- He shall rule within a period not exceeding 10 days. 1 . When deemed advisable for the investigation of the facts, the defense, the commissioner or family, if applicable, the police inspector may order the interdisciplinary technical team plinary of advocacy or station, or any of its inte- migrants, render expert opinion. 2nd. In any case, the administrative action shall re- solverse within four months from the date of the pre- submission of an application or the unofficial opening of the investigation, and the internal appeal against the decision to present will be resolved within ten days after the expiration of the term to an appeal. Upon expiration or to fail to resolve the administrative appeal decision has been issued without the corresponding you, the administrative authority will lose jurisdiction to continue co- nizing the matter and shall immediately refer the case to Judge Family to ex officio, forward the action or process respective. When the court receives the file you must report to the Attorney General's Office to be promoted the inves- disciplinary tigacin that may apply.
Page 62 Act 1098 of 2006 62/118 Exceptionally and reasoned request of the defense, the commis- sary of family or, if applicable, the police inspector, the director re- gional may extend the term for administrative action fail going up by two numbered months from the expiration of the initial four months, with no further extension in any case. 101. Contents fault . The resolution shall contain a summary of the facts on which it is based, the critical examination of the evidence and legal grounds for the decision. It contains a measure of restoration to be supplied by specifically explain its justification and indicate the way cum- compliance, the frequency of evaluation and other aspects interest to the situation of children and adolescents. The resolution requires individuals and service providers authorities required for immediate implementation of the measure. 102. Citations and Notifications . The subpoena ordered Opening providence research practice in the form under the Code of Civil Procedure for notification staff provided the names and addresses of known persons to be cited. When identity is ignored or address who should be cited, the citation will take me- by means of publication on a website of the Instituto Colombia- no Family Welfare for not less than five days, or by transmission in a mass medium, including a photograph of the child, if possible. 8 8 Judgment C-228-08. Particle "or" contained in subsection 1 of Article 102 of Law 1098 of 2006. Judgment C-228-08 the Article 102 of Law 1098 of 2006 in the en- tended that when the identity or address of who should ignore be cited, the citation shall be given by publication in a page Internet of the Colombian Institute of Family Welfare for time not less
Page 63 Act 1098 of 2006 63/118 With the understanding that when the identity or address is ignored who must be cited, the citation shall be made by publication tion on a website of the Colombian Institute of Welfare Family for not less than five days time, and for transmission in a mass media, including a photograph of the child, if It is possible. [Case C-228-08] The orders that are issued in the course of the hearings and dili- cies reported in Court considered imme- of proffered after, even if the parties have not crowded. Other notifications will take notice that by remi- I strip by authorized postal service, accompanied by a co- pia of the corresponding providence. 103. transitional character of the measures . The authority it has taken administrative measures to protect PREVIS- tas in this Code may amend or suspend when demonstrated the alteration of the circumstances that led to them. The resolution is so provided shall be notified in the form provided for in paragraph 3 of the preceding article shall be subject to the challenge and judicial review established for imposing measures. This Article shall not apply where it has been approved by the judge decreed declaration of adoptability or adoption. 104. Commission and to research . In order to protection of the rights recognized in this code, the defenders res family, the commissioner or, failing that, the police inspector They may commission the administrative authorities to comply judicial police for taking evidence outside their headquarters, as provided in the Code of Civil Procedure. rior to five days, and by a massive streaming media, which include a photograph of the child, if it were possible.
Page 64 Act 1098 of 2006 64/118 For the same purpose the said officials also may request information from the respective payer and the Directorate of Im- National positions on the creditworthiness of the parties responsible for provide food. . The defense, family or the Commissioner, as appropriate, the Police Inspector may impose a fine one to three room- several legal minimum monthly wage, to individuals refuse or delay the processing of applications made in exer- cio of the functions that the law attributes to them. If the reluctant regardless public servant also will notice the respective upper and Attorney General's Office. 105. interview of the child or adolescent . The defender Commissioner family or interview the child or adolescent pa- ra establish their individual conditions and circumstances that surround. 106. Burglary and rescue . Whenever the defender or Commissioner family have indications that a boy, a girl or Teen is in danger, committing his life humane or proceed to her rescue in order to pay the protection required. When circumstances require practi- It Car raid the place where the child or adolescent in- cuentre, whenever he is refused entry after in- formed on purpose, or no one to provide it. It is obli- tion of the security forces that lend support to this request. What happened in the coach must act up. 9 9 Judgment C-256-08. Article 106 of Law 1098 of 2006 in understanding that the advocate or family previously Commissioner shall in written, decision assess evidence demonstrating that meet in each If the requirements to proceed with the search for the sole purpose performing rescue and protect the minor.
Page 65 Act 1098 of 2006 65/118 With the understanding that previously, the defense or the commissioner of fami- lia in a written decision shall appraise the evidence showing that meet the requirements in each case to the appropriate paves- tion for the sole purpose of effecting the rescue and protect the minor. [ Judgment C-256-08 ] 107. Contents of the declaration of adoptability or rights violations . In a judgment declaring the situation adoptable or violation of rights of the child or adolescent lescent, he will order one or more of the measures of reinstatement enshrined in this Code. In the same resolution, the monthly fee shall be indicated provide parents or people who depend on the child, child or adolescent, for their support while it is under a measure of restoration, when it has place. 1 . Within twenty days of the execution resolution declaring the adoptability may oppose the people in charge there is a dead care, upbringing and education the child or teen, but fail to do so during the administrative action. These should give reasons in they are based and the evidence that support the opposition. 2nd. To ensure proper care of the child or adolescent within the family, the Family Advocate will have parents or persons in charge are, fulfill some of the following activities: 1. Attendance at an official or community counseling program or family treatment. Two. Attendance at a counseling program, counseling or treatment alcoholics or addicted to substances that produce dependency. Three. Attendance at a psychological treatment program or psychiatric co.
Page 66 Act 1098 of 2006 66/118 April. Any other activity that helps ensure the am- ment suitable for the development of the child or adolescent. 108. approval of the declaration of adoptability . When the adoptability of a child, a girl or a declaration ado- lescent opposition having existed in the administrative action, and where the opposition is present at the time provided in the first paragraph of the preceding article, the Family Advocate de- Bera to refer the case to the family court for approval. In other cases a judgment declaring the adoptability pro- will produce, for parents, termination of parental rights child or young adoptable and must be entered in the li- bro of several of the notary or registry office. 109. Acknowledgment of Paternity . When the father ex- tramatrimonial recognized, before the defender, the commissioner or family Police Inspector, the paternity of a child, a baby girl or adolescent lescent, the minutes will rise and your registration will be ordered on record marital status. 110. Permission to leave the country . De-Authorization Family fensor leaving the country for a child or adolescent decent, it lacks legal representative, unfamiliar with its para- repealed or not in a position to do, will be subject to the following rules: 1. Entitlement. The application may be made by anyone with personal care of the child or adolescent. February. Application Requirements. The request shall state the facts on which it is based and the time of the child or Teen abroad. With it shall be accompanied by registration civil birth and proof of the facts alleged.
Page 67 Act 1098 of 2006 67/118 Three. Pending. Upon application, the Family Advocate orde- It Naarah cite parents or legal representative who have not sus- I described. If within five working days of notification or site any of those objects, the official prac- tick tests deemed necessary, if it was any, and decide on the requested permit. Firm resolution granting permission, the Ombudsman Family send a copy to the Ministry of Foreign Affairs Aliens and the Division of Administrative Department Security. The permit will be valid for sixty business days with- States from its execution. If this is a timely objection to the application permit, the Family Advocate will refer the case to Judge Family, and by telegram notify interested parties to appear appropriate for the court to deal. 1 . When a boy, a girl or teenager will leave the country with one parent or with a person other than the legal representatives must obtain permission from no one with whom I will travel or those duly authenticated notary or consular authority. Such permit shall contain the destination, purpose of travel and departure and entry back to the country. No parental consent is required to have them suspended or deprived of parental rights. Two. The Family Advocate flat grant permission leaving the country: - A children, or adolescents who enter the program ma victims and witnesses of the Prosecutor General's Office.
Page 68 Act 1098 of 2006 68/118 - Children, girls or teenagers, disengaged or testi- gos in criminal proceedings, when his life is in grave danger and in- Personal integrity. - A children, or adolescents, ranging in mission- athletic activities, scientific or cultural. - Children, teenage girls or when required to travel for reasons of emergency medical treatment abroad. 111. Foods . For fixing alimony is will observe the following rules: 1. The pregnant woman can claim maintenance for the child is born, compared to the parent or lawful wedlock who has acknowledged paternity. Two. Whenever the address where you can receive notification known cations required to supply the food, advocate or commissioner family summoned to the settlement hearing. Otherwise draw will supply demand report and forward it to the Judge Family to start the respective process. When having been duly summoned to the hearing the obligor is not busy, or busy having not achieved reconciliation, determine fee provisional food, but only the report will go to court if either party so requests within five working days if- following. March. Reconciliation is achieved when record shall be kept in which indi- It FACE: the amount of alimony and the formula for its adjustment newspaper; the place and manner of its compliance; the person payment must be made, wage deductions, guarantees that provides the bound and other aspects that are necessary to ensure full compliance with the support obligation. Be the case, the authority will promote reconciliation custody, status men of visits and related aspects. April. The provisions of this Article shall also apply to ofrecimien- food to children, girls and adolescents.
Page 69 Act 1098 of 2006 69/118 May. The procedure for fixing alimony will be Special current provisions in Decree 2737 of 1989. 112. Restitution international children, girls or adolescents . Children, or adolescents unduly mind retained by one of their parents or persons responsible for your care or any other outside agency or Co- Colombia, will be protected by the Colombian government against any after- illicit side or undue obstacle to return home. For such effects apply Law 173 of 1994 approving the will with- Convention on Civil Aspects of International Child Abduction signed at The Hague on October 25, 1980, the Law 620 of 2000 passing of the American Convention on inter-refund national child, signed in Montevideo on July 15, 1989, and other rules governing the matter. For the purposes of this article will act as the central authority Colombian Institute of Family Welfare. The Central Authority through the Family Advocate will advance the proceedings aimed at the voluntary return of the child or adolescent and will order measures for restoration of rights to be place. 113. authorization work for teens . Co- corresponds to the labor inspector to issue written authorization for a teenager to work at the request of the parents, respective legal or Family Advocate representative. A lack of labor inspector authorization shall be issued by the Commissioner family and failing this by the mayor. The authorization is subject to the following rules: 1. Should be handled jointly by the employer and ado- lescent;
Page 70 Act 1098 of 2006 70/118 February. General application shall contain identification data Teenager and employer, the terms of the employment contract, the activity to be performed, working hours and wages. March. Official who granted the permit shall make a vi- situated to determine working conditions and safety for worker health. April. Authorization For the presentation of the required cer- fied adolescent schooling and if it has not completed its basic training, the employer shall record and in any ca- so, to provide the necessary time to continue the education tive or training, taking into account their vocational guidance. May. Employers must obtain a certificate of health status Teen worker. 6. Authorization to work or employment for indigenous adolescents nas will be conferred by the traditional authorities of the respective community considering their customs. Failing that, authorization shall be granted by the labor inspector or the authority first place. 7. Employer must give immediate notice to the authority confi- laughed the release, when it starts and when the relationship ends- Boral. . The work permit may be denied or revo- if each minimum health guarantees are not met, safety- social authority and adolescent education. 114. Workday. Maximum duration of better- nothing labor of adolescents authorized to work, are subjects Tara has the following rules: 1. Teenagers over 15 and under 17 years only be able to work day shift in maximum six hours per day and thirty hours a week and until 6:00 pm.
Page 71 Act 1098 of 2006 71/118 February. Adolescents over seventeen (17) years, may only work on a maximum of eight hours per day and 40 hours weekdays and until 8:00 pm. 115. Wage . Teens authorized to work, entitled to a salary according to the activity undertaken and proportionate to the time worked. In any case compensation not be less than the statutory minimum wage. 116. Rights for maternity . Without detriment to the rights enshrined in Chapter V of Title VIII of the code Substantive Labour go, the day most teen fifteen (15) and under eighteen (18) years, may not exceed four hours a day from the seventh month of pregnancy and during breastfeeding, without reducing their wages and benefits. 117. Prohibition of hazardous work and harmful vos . No person under 18 shall be employed or carried Tsar work involving danger or are harmful to your health and physical or psychological integrity or considered worse forms of child labor. The Ministry of Social Protection collaboration with the Colombian Institute of Family Welfare, is- They tablecern classification of such activities according to the level dangerous and harmful for teenagers involving authority zados to work and regularly published every two years in different media. For the preparation or modification tion of these lists, the Ministry will consult and take into account the organizations of workers and employers, as well as the ins- interested institutions and civil associations, taking into account the instruments and recommendations of international bodies specialized. 118. Special guarantees for indigenous teenager authorized to work. During the work processes in which it is de- client an indigenous teenager is mandatory intervention the authorities of their respective people. Also be reported to the
Page 72 Act 1098 of 2006 72/118 Office of Ethnic Ministry of Interior or dependence its stead. Chapter V 119. Jurisdiction of family court in Single Instance cia. Notwithstanding the powers conferred by other laws, co- corresponds to the family court in one instance: 1. The approval of the resolution declaring the adoptability children or adolescents. Two.'s Review of administrative decisions issued by the Family Advocate Commissioner or family, in the cases provided in this law. Three. From the international return of children and adolescents. April. Decide on the restoration of rights where the de- fensor Family or Commissioner lost jurisdiction. . The matters covered in this Code should be processed with priority over the others, except for guardianship and habeas corpus, and in any case the failure shall be uttered within of receipt of the application, the report two months or ex- dossier, as appropriate. The breach of such term consti- Tuye grounds for misconduct. 120. Jurisdiction of the Municipal Judge. Civil Judge The Mu- nicipal or Municipal Promiscuous deal with the cases that the pre- present law gives the family court, in one instance in places- res where there is this. 121. Initiation of the process and urgent action tees . The issues that this law refers to be initiated at the request of De- fensor Family, the legal representative of the child or adolescent,
Page 73 Act 1098 of 2006 73/118 or person having under his care. The judge may initiate also ex officio. When starting the process the court must adopt the measures das of urgency that the situation warranted to protect the rights the child or adolescent. 122. accumulation of claims and statement informal . They may be combined in a single lawsuit claims related to one or several children or adolescents, res- respect of the same parents, legal guardians, or persons those in their care, provided that the judge is competent to hear all. The judge must rule on all situations establishment das in the process compromise the interests of the child, the child or adolescents, but shall not have been claimed by the parties and when all of them can be processed by the same procedure. 123. approval of the declaration of adoptability. The statement of approval of the declaration of adoptability is will dictate flat; produce, for parents, termination of custody of the child, the child or adolescent and adoptable- Bera will be inscribed in the book of several of the notary or the Bureau of Civil Registry. If the judge noted the omission of any of the legal requirements, ordered to return the case to the Family Advocate for the remedy. 124. Adoption . Has jurisdiction to hear the process adoption in the first instance the family court of the domicile of the person or entity in charge of the child or adolescent is found lescent. The request may be made only by those interested adopters to be held by proxy.
Page 74 Act 1098 of 2006 74/118 A demand accompany the following documents: 1. Consent to the adoption, if applicable. Two. A copy of the declaration of adoptability or approval for adoption, as appropriate. March. Civil registration of birth of the adoptive child and, child or adolescent. April. Civil registration of marriage or cohabitation test extramarital adopters. May. Certification of the Colombian Institute of Family Welfare or authorized for the purpose, on physical fitness entity mental, social and moral adopters, issued not earlier than six months, and the constancy of the respective entity on personal integration of the child or adolescent with the adopter or adopters. 6. Reigning criminal record police numbers or the adopters. 7. Certification update on the validity of the license operation of the institution where you are hosted on ni- No, child or adolescent, issued by the Colombian Institute of Family Welfare. 8. Approval of accounts guardian, if applicable. . For the purposes of adoption, extramarital cohabitation- trimonial may be tested by any of the following means: 1. Enrollment permanent partner in the re- registers of the Family Compensation or institutions safety or welfare. Two. Recording of the declaration of coexistence that makes the couple, Notary of the place of domicile of the same, with no advance less than two years.
Page 75 Act 1098 of 2006 75/118 Three.'s Birth Certificate of children born by the stop- ja. In the case of permanent residents in the outer co- rior, extramarital cohabitation be tested in accordance with the law of the country of residence of the applicants. 125. Additional requirements for foreign adopters . When the adoptive parents are foreigners residing abroad, shall provide, in addition, the following documents: 1. Certification issued by the government or private entity officially approved, stating the undertaking to monitoring of the child or young adoptable until national tion in the country of residence of the adoptive parents. Two. Authorization government of the country of residence of the adopted sented to the income of the child or adolescent adoptable. Three. Concepts favor of adoption issued by the Ombudsman Family based on the interview made with the adoptive parents and the review of documentation that the entity authorized to effect Tuar adoption programs recommended adopters. . Documents required for adoption, will be au- tenticados under the rules of the Code of Procedure Ci- vile, and do not require further ratification. Where animals are not in Spanish- lish, must be accompanied by a translation, made by the Minis- istry of Foreign Affairs for officially authorized translator I Zado. 126. Special Rules of the adoption procedure. Making processes in the following special rules will tions: 1. Declared demand shall be conveyed to the Defender of Fa- ily for a term of three (3) business days. If the Ombudsman is flattened-
Page 76 Act 1098 of 2006 76/118 re at it, the court shall render judgment within ten (10) business days after admission. The judge may set a maximum term of ten (10) days to enact and practice tests as necessary. Expired this term, take the appropriate decision. Two. Suspension process. You may request suspension process up to one non-renewable term of three months, provided showing good cause. They may request the suspension or resume dation process adopters or Family Advocate. Three. Early completion of the process. When the applicant dies tant adoption before issuing the judgment process ter- will undermine. If the application for adoption regardless joint and one of the adopters dies before issuing the sentence, the process will continue with if the survivor expresses its intention to persist in her case in which the sentence to be spoken only take effect in respect of this; otherwise the process will end. April. Notification of the judgment. At least one of the take- ing must personally go to court to receive notice of the judgment. May. Contents and effect of the judgment. The judgment decreeing the adoption shall contain the information necessary for their registration tion in the civil registration constitutes the birth certificate and replace the source, which is voided. Once firm entered in the Civil Registry and produce all rights and obligations tions specific to the paternal or maternal-child relationship from the date of filing of the application. In any case, the judgment shall omitted to mention the name of the parents blood. The judgment decreeing the adoption may be appealed to the Superior Court of the District, pursuant to Trami-
Page 77 Act 1098 of 2006 77/118 you established in the Code of Civil Procedure, where inter- come the Family Advocate. 127. Social Security Adopters and Foster . The father and adoptive mother of a child shall be entitled to the enjoyment and payment of maternity leave provided for in paragraph 4 of Article 34 of Law 50 of 1990 and other rules governing the matter, which will also include paternity leave enshrined in the Act 755 of 2002, including payment of the license to parents adopters. The foster children are entitled to be members of the cor- sponding EPS or ARS, from the moment of delivery to the adoptive parents by the Colombian Family Welfare Institute Family. 128. Requirement to leave the country . The child, the child or the adopted adolescent may only leave the country when the judgment decreeing the adoption is final. The authorities of emi- tion require copy of the order with proof of execution tory. 129. Foods . In the car running transfer of the de- commands or Family Advocate report, the judge will set quota provisional food, provided there is evidence of the link incurred in the maintenance obligation. If you have no proof on the sol- economic solvency of the obligor, the judge may establish take- do consider your heritage, social status, customs and general all backgrounds and circumstances relevant to assessing their economic capacity. In any case it is presumed that accrues to least the legal minimum wage. The judgment may provide that food-paid and insured ren through the establishment of a capital that satisfies rent. In this case, if the defendant fails to comply the order within ten days
Page 78 Act 1098 of 2006 78/118 business following the judge shall proceed as indicated in the inci- so next. The judge must take the necessary measures to ensure that the required complying with the order established by the provisional share of food ments in the settlement or judgment on the point. With di- cho decree order seizure, attachment, appraisal and auction of goods or rights of the former, which practice subject to the re- rules of the executive process. Shall be terminated if the obligor pays the arrears and provides surety to guarantee payment of the appropriate fees to the next two years. In the case of private settlement or court settlement, with a copy of one or the minutes of the proceedings the applicant may advance before the family court executive process for collecting fees due and which may hereafter be caused. When information is taken that the obligation to supply food is in default of paying alimony by more than a month, the judge who knows or has known process food or go ahead Executive will notify the Department Security Administrative ordering prevent from leaving the country to both provide adequate security for compliance with the obligations ing food and will be reported to credit bureaus. Posted in alimony court order, in hearing conciliation or private agreement shall mean adjusted from from 1 January next year on the same date, in at- percentage equal to the consumer price index, notwithstanding that the judge or the parties by agreement, establish another formula periodic adjustment. However, when you have changed the economic capacity of ali- mentante or the needs of the food, the parties by mutual
Page 79 Act 1098 of 2006 79/118 agreement may modify alimony, and any of them You can ask the judge amendment. In the latter case the interested sado must submit with the application a copy at least infor- evil of providence, the record of settlement or private agreement as it has been reported. While the debtor fails or pave the obligation to comply food you have about the child or adolescent shall not be claim heard in custody and personal care or exercise of other rights to him or her. The provisions of this Article shall also apply to the offer food to children or adolescents. Failure of the maintenance responsibility generates ity criminal. 130. Special measures for compliance with the maintenance obligation. Notwithstanding the assurances of compliance treatment of any kind as the parties or established by laws, the judge shall take the following steps during the process or Case, designed to ensure the timely satisfaction of the maintenance obligation: 1. When the food required to supply whatever wage, the Judge may order the respective payer or employer discount and consign court orders, up to fifty percent (50%) what legally include the monthly salary of the defendant, and to the same percentage of their benefits, then the law deductions. Failure to comply with the previous order, makes the employer or payer if applicable, jointly and the can- undiscounted amounts. To this end, in previous incident the same process, against this or that will extend the or- den charges. February. Wage Garnishment When and no possible pay- tion, but the right of ownership of real K-proven ble or property or title to goods or rights-heritage
Page 80 Act 1098 of 2006 80/118 nial of any other nature, headed by the defendant, the Judge may grant an injunction on them in sufficient quantity cient to guarantee payment of the obligation and up to fifty percent (50%) of their yields. Embargo and- excluded kidnapping and implements useful work person named to comply with the support obligation. 131. Accumulation of food processes. If the well- tions of the person required or income shall be found seized by virtue of a previous action based on the food or affection execution of a sentence of food, the judge, ex officio or request of a party, having knowledge of the fact in a process concurrently, will assume the knowledge of the different processes the only effect noted the amount of several pensions feed tions, taking into account the condition of the obligor and the neces- versities of different food. 132. Continued support obligation . When parents the sanction of suspension or loss of pa-imposed tria power, why not cease the maintenance obligation. This obligation tion ends when the child, the child or adolescent is delivered adoption. 133. Prohibitions in relation to food . The de- right of ordering food may not be transferred upon death, not sold or disposed of in any way, nor waived. Which must food can not oppose the plaintiff in compensation which the plaintiff owed him. Nevertheless, alimony arrears po- Dran offset or waived the right to sue and trans- mitirse upon death, sold or disposed of, with permission court, subject to the requirement that the debt claim responsibility dor.
Page 81 Act 1098 of 2006 81/118 134. credits Priority of food . The appropriations cough food for children, and adolescents enjoy priority over all others. 135. especially Legitimacy . In order to do the payment of alimony, either repre- the legal representatives of the child or adolescent or Family Advocate may promote, before the competent judges, processes, an required, including those aimed at the revocation or declaration tion simulation dispositions of assets food tant. 136. Deprivation of administration of the goods of the ni- No, child or adolescent . In the process for the deprivation of administrative administration of the estate of the child or adolescent, the judge may order the provisional suspension of the powers of disposition and management of assets and the appointment of a guardian or cu- tor, depending on whether. 137. Restitution international children, girls or adolescents. With Family Ombudsman report on des- According to the international return of the child or adolescent you, the family court will begin the process. The Family Advocate will intervene on behalf of the interest the child or teen wrongfully retained, subject to the performance of taken over the party. 138. particular obligation for competent authorities competent for restoration of rights . In all cases of ma- immediate manner to it, the competent authority shall perform the verification of the security picture in the orderly Article 52 of this law. 10 10 Ignorance corrected by Article 2 of Decree 578 of 2007.
Page 82 Act 1098 of 2006 82/118 Book II
TITULOI Criminal Responsibility System Teen and other provisions Chapter I 139. criminal responsibility system for adolescents tees. criminal responsibility system for adolescents is the con- set of principles, rules, procedures, judicial authorities specialized and administrative bodies governing or involved in investigation and prosecution of crimes committed by persons have fourteen (14) and eighteen (18) years at the time of co- scoring the offense. 140. The purpose of the criminal responsibility pa- ra adolescents . In regard to criminal liability for adolescents Centes both the process and the measures taken are technical in nature ter teaching, specific and differentiated with respect to the system adults, according to the comprehensive protection. The process should guar- antee restorative justice, truth and reparations. Where normative conflicts between the provisions of this law and other laws, as well as for all hermeneutical effect, self- judicial authorities should always favor the interests of the child and guided by the principles of comprehensive protection and co- mo teaching, specific and distinct governing this system subject.
Page 83 Act 1098 of 2006 83/118 . In any case, full protection can serve excuse to violate the rights and interests of children, girls and adolescents. 141. Principles of criminal responsibility system pa- ra adolescents. definitions and principles enshrined in the Constitution, international human rights instruments, and human rights in this Act shall apply in the System Responsibility for Teenagers. 142. Exclusion of criminal liability for adolescents Centes. Notwithstanding the civil responsibility of the parent or re- sentatives legal and criminal liability consecrated in paragraph 2 of Article 25 of the Penal Code, persons meno- res fourteen (14) years and not be judged or declared responsible criminally incarcerated under complaint or syndication ble of having committed a criminal offense. The person under ca- fourteen (14) years shall be immediately delivered by police childhood and adolescence to the competent authority for the veri- tion of their rights guaranteed under the provisions in this law. The police shall be identified and col- tion of behavioral data bondable p. Neither will be judged, nor incur criminal liability subject to criminal penalties persons over fourteen (14) and under eighteen (18) years with mental disabilities or mental such, but assigned the respective security measure. These if- situations should be properly tested in the process, provided when the criminal offense relates to disability. 143. Children under fourteen (14) years . When do a person under fourteen (14) years incurred in the commission of an offense will only apply measures warranty verification picture of his recovery and should be linked to processes education and protection within the National System of Well-
Page 84 Act 1098 of 2006 84/118 Family room, which will observe all the guarantees of due process and the right of defense. If a child or teenager under fourteen (14) years is caught in flagrante delicto by a police authority, is what them immediately or no later than the end of the distance available to the competent authorities for protection and Resetting Free foundation. If you are an individual who is surprised, should put it immediately available to the police authority to is applicable in the same way. 1 . When the outcome of an investigation or trial strong evidence of the occurrence of a child or arising teen under fourteen (14) years in the commission of a crime, copy of the relevant shall be forwarded to the competent authorities protection and restoration of rights. 2nd. The ICBF establish technical guidelines for special programs for the protection and restoration of right- rights, for the care of children or adolescents me- dren under fourteen (14) years who have committed crimes. 144. applicable procedure . Unless special rules defined in this book procedure, the procedure of system of adolescent criminal responsibility is governed by the standards embodied in Act 906 of 2004 (Penal System-accusatory river), except those that are contrary to the interests of the teenager. 145. Judicial Police in the accountability system penalty for teens. processes in which they are involved children or adolescents as perpetrators or participants in a crime, or as victims thereof, shall act as judicial police Police childhood and adolescence, or failing members the judicial police who are trained in human rights and
Page 85 Act 1098 of 2006 85/118 childhood. In any case the measures that are ahead will be pre- Family present an ombudsman. 146. The Family Advocate in the system responsible bility for criminal adolescents. performances in all of the process so and in the stages of inquiry, investigation and trial, the ado- lescent must be accompanied by the Family Advocate, who will verify the guarantee of the rights of adolescents. 147. Hearings on the criminal responsibility for teenagers. Audiences filled at the process adolescent criminal responsibility, before the judges control guarantees and knowledge to the judges, will be closed to public if the judge believes that advertising the procedure ex- offers psychological harm to the child or adolescent. When this provides, in these subjects may intervene only process salts. 148. specialized character. Application of this Act both the process and the implementation of measures for responsibility Adolescent criminal ity, will be provided by authorities and bodies We expertise in childhood and adolescence. . To fulfill measures reestablishment of rights to children under 14 years of running san- tions imposed on adolescents aged 14 to 16 and 16 to 18 who commit crimes, the ICBF design guidelines of specialized programs in which the principles shall prevail principles of public policy of strengthening the family in accordance tion with the Constitution and the Treaties, Agreements and Rules International governing matter. 149. Presumption of age. When doubt exists in relation tion with age teenager and while the expert authority competent defined, is presumed to be under 18. Throughout If under age shall be presumed.
Page 86 Act 1098 of 2006 86/118 150. practice evidence . Children, girls and adolescents may be called as witnesses in the penalty process- them to be brought forward against adults. His statements only the You can take the Family Ombudsman questionnaire sent with pre- previously by the prosecutor or the judge. The defender only make the pre- questions that are not contrary to their best interests. Exceptionally, the court may intervene in the questioning of child, the child or adolescent to get this answer the question that you have made or do it clearly and accurate. This examination will be held outside the precincts of the hearing and in the presence of Family Advocate, always respect- prevalent do their rights. The same procedure was adopted for the statements and in- interviews that must be made before the Judicial Police and the Attorney during the stages of inquiry or investigation. At the discretion of the judge, the testimony may be practiced through audio video communications, in which case it will not be necessary physical presence of the child, the child or adolescent. 151. The right to due process and the guarantees pro- salts. Adolescents who commit crimes are entitled to due criminal process, basic procedural safeguards such as the pre- presumption of innocence, the right to be notified of imputacio- tions, the right of defense and contradiction, the right to advisory ramiento, the right to the presence of parents or guardians, the right cho to remain silent, the right to confront the witnesses and interrogate them, the right of appeal to higher authority and other guarantees enshrined in the Constitution, the law and the international treaties. In all cases, the rights enjoyed under the present system an adolescent perpetrator or a criminal offense are least expected by Act 906 of 2004.
Page 87 Act 1098 of 2006 87/118 152. principle of legality . No teenager can be investigated charged or tried for any act or omission, when of the crime that is not previously defined in the law current penal, expressly and unequivocally. The teen- clared responsible for the judicial authority of the commission of a offense shall be punished by the imposition of measures defined in this law. 153. Reserve errands . The actions processing you advanced them in the system of criminal liability for adolescents Centes may only be known to the parties, their agents, and control agencies. The identity of the defendant, except for those mentioned in the preceding paragraph, it shall have reservation. It is prohibited to disclose the identity or image that allows the identification of persons prosecuted. 154. law defense. Teenager throughout procedural action and even before the complaint should have a proxy to forward their technique defense. No action pro- CESAL void if your agent is not present. Teenager guardian may designate who shall be entitled to review the dili- cies and to act from the time of the criminal news. Should not have taken over, the teens, the Mi- Public Ministry, or the judicial police shall request the assignment of a Defender of the Public Defender's Office of the Pueblo. 155. principle of immediacy. No action to be Later in the trial stage is not valid if forward di- directly by the judicial officer. The violation of this principle will be grounds for removal from office.
Page 88 Act 1098 of 2006 88/118 156. indigenous teenagers and other ethnic groups . The adolescents from indigenous communities will juz- Pollack according to the rules and procedures of their own communities des under the special enshrined in Indian law Article 246 of the Constitution, international treaties human rights ratified by Colombia and the law. Provided when the penalty imposed is not contrary to their dignity, either be allowed to be subjected to abuse or harassment and infor- Mara: the judicial authority on the action or proceeding to be- Guir by the community to the action to be taken. . Children, girls and adolescents who are found- train outside the scope of their community and who commit crimes, be system subject to criminal liability for teenagers, if not want to return to their home communities. 157. Special prohibitions. processes in response criminal liability for teenagers not from agreements between the Prosecution and the Defence. When the teen accedes charges hearing lega- tion of apprehension or imputation shall refer the matter to the trial judge to set a date for the hearing- ence of the penalty imposed. Judge urge the Ombudsman Family will proceed to the study of family status, economic nomic, social, psychological and cultural teenager and render the report at that hearing. Judge to proceed to select the penalty to be imposed shall account the acceptance of fees for the teenager, and during the imple- execution of the penalty is a factor for the modification thereof. 158. Ban on trial in absentia . The ado- adolescents undergoing prosecution for criminal responsibility not be tried in their absence. If not achieved their compa-
Page 89 Act 1098 of 2006 89/118 recency research and public defender or continue apo- sidered fully assume its defense to the prosecution or the pre- conclusion. If there indictment, the public defender or notify apode- rado and Family Advocate. The process is suspended while achieves the appearance of the defendant. In these events the prescription tion of criminal proceedings shall be increased by one third. 159. Prohibition background . Profession Sentences processes in arid criminal liability for adolescents have the character of legal precedent. These registers are reserved fords and may be used by competent judicial authorities competent to define the measures applicable in the case of steady- cer nature and seriousness of the behavior and proportionality and suitability measurement. The competent authorities shall make systems compatible information to keep track of teenagers who committed crimes, in order to define the guidelines of the policy- criminal policy for adolescents and youth. 160. concept of deprivation of liberty . Means imprisonment for all forms of detention in a this- public or private establishment, ordered by judicial authority, the that adolescents are not allowed out of their own volition. 161. Exceptional use of imprisonment . For the effects of adolescent criminal responsibility, the private tion of freedom only applies to people when commit the act have completed fourteen (14) and are under eighteen (18) years. The deprivation of liberty only proceed as educational measure. 162. Separation of adolescents deprived of the liber- tad. deprivation of freedom of adolescents, in cases appropriate, shall be served in local specialized care
Page 90 Act 1098 of 2006 90/118 programs of the National Family Welfare always separated from adults. While there are no special facilities for separate to detain adults adolescents deprived of liberty, the fun- ary court will proceed to grant provisional release or de- home retention. Chapter II 163. Integration . Part of the system responsible criminal bility for teens: 1. Prosecutors Delegated before the Criminal Court for adolescents ing, who will address the direction of research in the which teenagers are allegedly committed, as perpetrators or participants in criminal behavior. February. Judges Penalties for teens, Family and Promiscuous Municipal who will advance the actions and functions ju- diciales assigned to them by law. March. Chambers Criminal and Family Courts of Superior Judicial District to serve on the Board of Criminal Affairs for ado- adolescents in the same courts, to whom shall take the second given instance. 4. The Supreme Court of Justice, Criminal Cassation Chamber, before the which the extraordinary appeal is processed, and the action of review. May. Judicial Police and the Specialized Technical Corps adscri- Associate Attorney to cough before the Criminal Courts for adolescents and Family promiscuous.
Page 91 Act 1098 of 2006 91/118 6.'s National Police with specialized staff who must support the actions of the judicial authorities and entities of the system subject. 7.'s Public Defender's National Advocacy The Public Defender, who must assume the defen- sa technique of the process, when the child or adolescent lacks attorney. 8. Ombudsmen Colombian Institute of Family of Real- Family tar and Family Commissioners or Inspectors Polic- ed, when they must take steps to verify the warranty- ed picture, and measures for its restoration. 9. The Colombian Institute for Family Welfare who respond by the technical guidelines for the implementation of the measures pe- daggicas provided in this book. 10. The other institutions that are part of the system Na- nal of Family Welfare. 1 . Every responsible entities comprising the Criminal Responsibility System for adolescents should guaranteed Tsar provision or allocation of charges required for operation and expertise of the staff. 2nd. The designation of those who make the system adolescent criminal responsibility shall be persons demonstrating qualified criminal law knowledge, and in- infancy and family, and domestic and international standards human rights. 3 . The teams that develop specialized programs both, they provide the judicial authorities to support and advice on process each of the teens that are linked to these programs, reporting progress and present needs.
Page 92 Act 1098 of 2006 92/118 164. The adolescent criminal courts . Cranse in throughout the country within the ordinary criminal jurisdiction, criminal courts for teens. 1 . The National Government and the Superior Council of the Judiciary take the necessary measures to ensure the creation tion and operation of the criminal courts for teens throughout the country. 2nd. Juvenile Judges assume so transition tory the powers conferred by this Act to judges pe- Teen signals until the criminal courts are created pa- ra adolescents. 165. Competition criminal judges for adolescents tees . Teen criminal judges know the judgment of persons under eighteen (18) years and older than fourteen- ce (14) years accused of violating the law. They also know the control function guarantees accountability processes Teen criminal than your knowledge. 166. Competence Promiscuous Family Judges in criminal matters. At sites where there was not a criminal court teen the Judicial Council shall provide that Thurs- ces Family Promiscuous fulfill the functions defined for Teen criminal judges in the previous article on the judgment and control processes guarantee responsibility penalty for teens. A lack of criminal judge for teenagers or promiscuous family, the municipal judge shall deal with the processes by adolescent criminal responsibility. . Competition from Promiscuous Judges Family in this area will be maintained until established the adolescent criminal courts needed to address the pro- processes of adolescent criminal responsibility.
Page 93 Act 1098 of 2006 93/118 167. Functional differentiation of judges . Is guaranteed Zara was the officer who has served as judge of con- control of collateral in a given pe-accountability process nal youth respect for certain offense, is not juz assign- gamiento thereof. For the effectiveness of this warranty, the Superior Council of the Judica- ture and, by delegation, the Sectional Councils of the Judiciary, They take the general and specific measures that ensure proper distribution of powers between the criminal judges adolescents Promiscuous Family Judges and municipal judges. 168. Composition and powers of the Boards of affairs- criminal cough for adolescents. District Superior Courts Judicial count of Criminal Affairs Facilities for teenagers specialized in matters that relate to criminal liability teenager. These rooms shall be composed of one (1) Magistrate the Criminal Court Judges and two (2) of the Family Room or your de- Civil defect room, the respective High Court. In the process of the adolescent criminal responsibility is- second instance shall take before the Boards of Penal Affairs Teens of the High Courts Judicial District. . The National Government and the Supreme Council of Ju- dicatura resources to ensure the formation of the Boards Criminal Affairs Teen with specialized judges two on the topic of adolescent criminal responsibility. Chapter III 169. De criminal liability. punitive behaviors ble by persons over fourteen (14) years and not have completed eighteen (18) years of age, resulting in respon-
Page 94 Act 1098 of 2006 94/118 criminal and civil bility, according to the rules set forth in the pre- present law. 170. Incident repair . Parents, or represent- ing laws are jointly liable, and as such, de- for must be quoted or repair attend the incident at the request of the victim of convicted or his counsel. This summons must be made in the audience who open the proceedings of the incident. 171. De prosecution . Criminal action will be informal except in crimes that require their complaint or grievance. 172. withdrawn . The crimes querellables allowed de- withdrawal for. 173. Termination of criminal proceedings . The criminal action is ex- guished by death, resignation, prescription, reconciliation and repair integral ration of damage when place, application of prin- principle of opportunity, and in other cases under this Act and the Code of Criminal Procedure. 174. The principle of opportunity, conciliation and full compensation for damages . The judicial authorities shall at all times facilitate reaching agreements that allow the con- conciliation and repairing the damage, and will as a principle rec- tor the preferred application of the principle of opportunity. These are place with the consent of both parties and will be carried ca- bo with a pedagogical and educational vision in which the child the child or adolescent can become aware of the consequences his criminal conduct and responsibilities that she derived. Moreover, the conciliator will seek reconciliation with the victim. Where the application of the principle of opportunity are THEY MAY derive risks to life and physical integrity of the adolescent, judge shall order other measures of protection,
Page 95 Act 1098 of 2006 95/118 which include, among others, financial aid for changing family residence. The Government will manage the appropriation of needed to cover this category headings. 175. The opportunity principle in monitoring processes two teenagers as participants in the crimes committed by armed outlaw groups . The Attorney General of the Na- tion may waive prosecution in cases where the adolescents, in any condition have been part of groups armed groups operating outside the law, or have participated directly or indirectly rectly in hostilities or armed actions or offenses committed by armed groups outside the law when: 1. Was established that the teenager was the foundation of his decision the social, economic and cultural conditions of their me- gave estimated to have higher value as belonging to a armed groups outside the law. Two. Was established that the situation of social marginalization, economic economic and cultural not allowed to have other adolescent alter- native development of his personality. Three. Was established that the teenager was unable to direct their efforts to know another form of social participation. April. By force, threat, coercion and constraint. Teens who dissociate from illegal armed groups of the law, will have to be referred to specialized care program Lizada the Colombian Institute of Family Welfare, Child and adolescents demobilized from illegal armed groups. . The opportunity principle does not apply when question of fact that could mean serious violations of the right international humanitarian law, crimes against humanity or genocide according to the Rome Statute.
Page 96 Act 1098 of 2006 96/118 176. especially Prohibition . The interview is prohibited and use in intelligence activities for children, girls and adolescents demobilized from illegal armed groups of the law by law enforcement authorities. The breach tion of this provision shall be punished by dismissal from charge, without prejudice to any criminal action that may be required. Chapter V 177. Sanctions . There are penalties for adolescents Centes who have been declared them criminal responsibility: 1. The warning. February. Imposing rules of conduct. March. Servicing the community April.'s Probation. May. Internment in semi-closed environment. 6.'s Detention center specializing in care. The penalties provided for in this Article shall be served in specialized care programs of the National Well- Family room and must meet technical guidelines designed two for the Colombian Institute of Family Welfare. 1 . For the implementation of all sanctions authority competent authority shall ensure that the teenager is linked to the system ma education. The Family Advocate or his substitute shall monitor compliance with this obligation and verify warranty their rights. 2nd. The judge issuing the order shall be the authority for control their execution.
Page 97 Act 1098 of 2006 97/118 . 178. The purpose of sanctions. Sanctions points- das in the previous article have a protective purpose, educational and restorative, and shall be implemented with the support of family and special lists. The judge may change depending on individual circumstances as Dual adolescent and special needs measures im- sunsets. 179. Criteria for the definition of sanctions. To define penalties it must take into account: 1. The nature and gravity of the offense. February. Proportionality and appropriateness of the sanction served circum- circumstances and gravity of the offense; circumstances and needs des teenager and needs of society. March. Adolescent age. April. Accepting teenage charges. May. Failure commitments to the Judge. 6. Failure of sanctions. 1 . In computing the deprivation of liberty in center specialized care, the judicial authority shall deduct the per- iodine preventive detention which was performed on the ado- lescent. 2nd. Adolescents between 14 and 18 years who breach any of the penalties provided for in this Code, the end penalty time in detention. Failure by teenager commitment will not return to infringe the penal law, result in the imposition of the sanction tion of imprisonment by the judge.
Page 98 Act 1098 of 2006 98/118 180. Rights adolescents during execution of sanctions . During execution of sanctions, the adolescent cente have the following rights in addition to those contained in the Constitution and this code: 1. Preferably Be always kept in their family environment and when it meets the conditions for its development. Two. Receive information on specialized care program given in being bound during the stages for compliance with the sanction. Three. Receive health and social services for people with form- suitable vocational, and continuing their education process agreements do with their age and grade level. April. Communicate privately with his attorney or Public Defender Groups, with the Family Advocate, with the Prosecutor and the authority court. May. Submit requests before any authority and to be ga- antees the answer. 6. Communicate freely with their parents, guardians or res- sible, unless expressly prohibited by the judicial authority. 7. A that his family informed of the rights that she and correspond regarding the status and rights of adolescents cente. 181. Preventive Detention . At any time process and before the due process hearing, the judge control guarantees, as a last resort, may order the preventive detention tive if available: 1. Reasonable risk that the adolescent evade the process. February. Founded fear of destruction of evidence or impedance. Three. Grave danger for the victim, the complainant, witness or co- community.
Page 99 Act 1098 of 2006 99/118 1 . The remand shall not proceed but Where, according to the gravity of the offense would be admissible deprivation of liberty as a measure. It will run in centers in- specialized ternamiento where processed adolescents should be separated from those already sentenced. 2nd. Preventive detention may not exceed four months extendable motivated by a month. If cum- pale trial this term is not over for trial condenato- ria, the judge hearing the same will cease, replacing other measures such as assigning a family, moving to a home or an educational institution. While in custody, adolescents receive care, protection and all the social, educational assistance, profes- tional, psychological, medical and physical-that they may require in view of their age, sex and personality. 182. The admonition. recrimination is that the authorities Judicial dad does to the teen about the consequences of the fact and the requirement of criminal damage repair. In all cases must attend an educational course on respect for the rights human and citizen who will be in charge of the Institute of Studies of the Public Ministry. If ordered to pay damages, the judicial officer will urge the child or adolescent and their parents in your payment terms of the judgment. 183. The rules of conduct. 's the imposition by the au- thority to teen court obligations or prohibitions regulate their way of life, and to promote and ensure its form- training. This penalty may not exceed two (2) years. 184. The provision of social services to the community . It is the realization of tasks of general interest that the adolescent must
Page 100 Act 1098 of 2006 100/118 perform, for free, for a period not exceeding 6 me- ses during a maximum of eight hours per week preferably temente weekends and holidays or working days without affect their school day. . In any case, the performance of which is prohibited- any work that may be hazardous or to interfere education teenager, or to be harmful to their health or development physical, mental, spiritual, moral or social development. 185. The probation. 's granting of freedom giving the judiciary the teen provided mandatory ria undergo supervision, assistance and guidance of a program of specialized care. This measure may not last more than two years. 186. Mostly semi-closed. 's linking adolescent cente a specialized program to which attention must attend not necessarily during school hours or on weekends sema- na. This penalty may not exceed three years. 187. The deprivation of liberty. deprivation of liber- tad in skilled care for adolescents apply over sixteen (16) and under eighteen (18) years to be- an found responsible for committing offenses punishable minimum established in the Penal Code is or exceed ma (6) years in prison sion. In these cases, the deprivation of liberty in spotlight specialist will run for one (1) to five (5) years. Where teens aged fourteen (14) and under eighteen (18) years are found responsible for felony murder, kidnapping or extortion, in all its forms, deprivation of liberty in specialty care center will a period of two (2) to eight (8) years.
Page 101 Act 1098 of 2006 101/118 Part of the penalty imposed may be replaced by the establishment ing periodic presentations, community service, the commitment not to reoffend and keep good behavior to, for the time specified by the judge. Failure of these com- commitments entail the loss of these benefits and compliance the rest of the penalty initially imposed under deprivation of liber- tad. . If the penalty of deprivation of force being liber- comply tad teen eighteen (18) years, this may con- tinue until it meets the twenty (21) years. In no event Such penalty may be met on sites intended for offenders ma- older than age. Specialized Care Centers will care dif- spread between teens under eighteen (18) years and those who came of age and should continue compliance with the sanction. This care must include your know- physical separation within the Centre. . 188. Rights of juvenile detainees . In addition to the rights enshrined in the Constitution and in this law, private teen freedom has the fol- following rights: 1. Staying committed in the same locality, municipality or distri- to or next to the home of their parents, guardians or responsible. February. Place of internment That meets the hygienic requirements ne, safety and health, with access to public services cos essential and appropriate to achieve their overall training. March. Be examined by a doctor immediately after admission to specialized care program, in order to previous violations to check their personal integrity veri- fying the physical or mental condition requiring treatment.
Page 102 Act 1098 of 2006 102/118 April. Continue their education according to their age and level Academics. May. To be maintained in any separate for adults 6. Law to participate in developing the individual plan for the execution of the penalty. 7. Law to receive information on the internal rules of the institution, especially regarding disciplinary sanctions they can apply to you and the procedures for imposing and execute them 8. Not be transferred arbitrarily program which meets the sanction. The transfer may be made only by a written order judicial authority. 9. Not be subjected to any type of insulation. 10. Maintain correspondence and communication with family and friends, and visits at least once a week. 11. Having access to information in the media. 189. Imposition of penalty. Concluded the allegations of the participants in the hearing of the trial the judge declared if there is room or not the imposition of protective measures, summon hearing for the imposition of the penalty which shall assist the Family Ombudsman to present a study that will contain least the following: family, economic situation, social cial, psychological and cultural teenager and any other matter and which the official is relevant to the imposition of penalty. Listened family ombudsmen judge imposed the corresponding penalty. The sanctions were imposed in the trial hearing that de- be continuous and be private, under pain of nullity. If the hearing jui- trade can not be done in one day, will continue for all consecutive hearings as necessary, until the conclu- sion. May be suspended for a maximum period of 10 working days and
Page 103 Act 1098 of 2006 103/118 longer interruption leads to the further embodiment of the debate since its inception. 190. punishment for offenses committed by police by adolescents. Violations committed by police ado- adolescents will be sanctioned as follows: Shall have jurisdiction to prosecute and punish the Commissioner Family of the place where the contravention was committed or in de- fect the Mayor. When the violation results in monetary penalties, these will be imposed on anyone who has parental authority or custody and this be responsible for its payment, which may be enforced by juris- coercive diction. The traffic violations committed by adolescents 15 and 18 will be sanctioned by the Commissioners of Fami- lia or otherwise by the Mayor. For the punishment of offenses committed by adolescents They follow the same procedures established for older of age, provided that they are compatible with the principles of this And especially with the Code referred to in this title. 191. arrest in flagrante delicto . The teen-surprised do in the act will be taken immediately to the Attorney Delegate- do to the judicial authority, who within 36 hours submit it to Judge Warranty Control and will expose how produced apprehension. Upon request of the prosecutor, which contain the charges, the judge sent control performance guarantees to judge knowledge to cite this trial hearing within 10 business days . 11 In otherwise the process will continue 11 Judgment C-684-09. the expression "the request of the prosecutor, the which contain the charges, the judge sent control guarantees the acts- tion to the trial judge to cite this trial hearing den-
Page 104 Act 1098 of 2006 104/118 criminal procedure in force, with special rules for the process teen laid down in this book. PART II Chapter One Special Procedures When the Children Girls or Teens are Victims Crimes 192. Special rights of children, girls and adolescent victims. During the proceedings for offenses in which children, girls, and teenagers are victims opera- ary court will consider the principles of the best interests child, primacy of rights, comprehensive protection and rights- rights enshrined in the international conventions ratified by Colombia, in the Constitution and the law. 193. Criteria for the development of the judicial process crimes in which victims are children, girls and adolescents Centes crime victims. To give effect to the prin- principles established in the preceding article and ensure re-establishment to rights, in proceedings for offenses which are against children, girls and teenagers judicial authority will consider the following specific criteria: 1. Will give priority to measures, tests, actions and decisions tions to be taken. Two. Was Citar parents, legal guardians or persons with who live together, when these are not the aggressors, that we assist in claiming their rights. Likewise, it shall inform immediate family ombudsmen, so that the appropriate me- tro 10 business days ", contained in Article 191 of the Law 1098, 2006.
Page 105 Act 1098 of 2006 105/118 verification measures guaranteeing rights and restoration relevant in cases where the child or adolescent victim permanently or temporarily devoid of parents, legal representative, or these are linked as authors or participants in the offense. Three. Shall pay particular attention to the punishment of those responsible, compensation for damages and the full restoration of the de- rights violated. April. Was ex officio or at the request of the children, girls and adolescent victims, their parents, legal representatives them, the Family Advocate or the Public Ministry, the practice of precautionary measures authorized by law to secure payment damages and compensation in such event. In these cases not be necessary to provide security. May.'ll Have special care, for ending processes by settlement, dismissal or full compensation, not vul- neren rights of children, girls and adolescents victims crime. 6. Shall refrain from applying the principle of opportunity and sentence conditional execution when children, girls or adolescents ing are victims of crime, unless shown to appear were compensated. 7. Will pay special attention to all the steps in involving children and adolescents victims of crime take them into account their opinion, the quality of children, respect for their dignity, privacy and other rights under this law. Also ensure that they are not stigmatized, nor are they generate further damage to the development of the judicial process responsible ble. 8. Shall take into account the views of children, girls and adolescents Centes crime victims in medical examinations of- practicrseles ban. When they can not express, consent what will their parents, legal guardians or failing the defen- sor family or the Family Commission and in the absence of these, the personal
Page 106 Act 1098 of 2006 106/118 nero inspector or family. If for some reason the prestaren is It will explain the importance of research and likely consequences that would result from the inability to practice them. Persevere in their refusal will attend the judge con- control guarantees to decide whether or not the measure must be practiced. Measurements are always practice that are strictly necessary tions they do not represent a danger to health impairment teenager. 9. Competent authorities will order the taking of measures is- peciales to ensure the safety of children, girls and adolescent victims and / or witnesses of crimes and their families, as because of criminal investigations become necessary. 10. Will inform and guide the children, girls and adolescents crime victims, their parents, legal guardians or persons coexist with those on the purpose of the proceedings of the process so, the result of research and how can assert their rights. 11. Will refrain from ordering the house arrest, where where the accused is a member of the household of the child or Teen victim of crime. 12. Where a child or young person is required to submit testi- testimony must be accompanied by specialized authority or psychologist, in accordance with the requirements referred to in the pre- present law. 13. The proceedings should intervene when a child or adolescent girl lescent, the judicial authority shall ensure that it is free of pre- injury or intimidation. 194. Court in criminal proceedings . In the hearings stances in which they investigate and prosecute crimes whose victim is person under eighteen (18) years, you can not expose the victim against the aggressor. For this purpose I will use any- given technological and verify that the child or adolescent in-
Page 107 Act 1098 of 2006 107/118 cuentre accompanied by a trained professional that suits the examination and cross into understandable language to their age. If the judge sees fit in them may only be parties to the proceedings, the judicial authority, the family advocate, control agencies and scientific staff required to support the child or adolescent. 195. Powers of the family advocate in proceedings criminal . In criminal proceedings for offenses in which victims either m to a child or adolescent, the family advocate may request information on the development of research, for purposes of take measurements of warranty verification and subtraction-Free relevant establishment. 196. Functions of the legal representative of the victim . Parents or the legal representative of the person children and ado- adolescents, are empowered to intervene in criminal proceedings to investigate or judge an adult for an offense which is victim a child or young person as a representative of this, in the terms of the Code of Criminal Procedure and pa- To initiate the incident of full compensation of damages. Children victims are entitled to be assisted during judgment and motion for full compensation by counsel (a) ca- recognized electrician represent its interests even without the support of their parents and appointed by the Ombudsman. 197. Incident comprehensive repair processes children, girls and teenagers are victims . In the pro- criminal processes in which an adult is tried for an offense which is victim a child or young person, the incident repair inte- gral of job losses will start if parent representatives legal or defender of the family did not submit within thirty days of the execution of the judgment.
Page 108 Act 1098 of 2006 108/118 198. specialized care programs for chil- dren, girls and young victims of crime . The Government National, provincial, district, and municipal, under the supervision of the governing body of the National Family Welfare System di- SENARA and implement specialized care programs for chil- dren, girls and young victims of crime, which meet comprehensive protection, the type of crime, going to the best interests primacy of rights. 199. substitute Benefits and mechanisms . When try the crimes of homicide or injury under detailed rules willful dad, crimes against freedom, integrity and sexuality education them, or kidnapping, committed against children and adolescents, the following rules apply: 1. Uttering If the grounds for the detention order in cases of Article 306 of Law 906 of 2004, this will always consist detention in prison establishment. They shall not apply in these crimes not involving deprivation of liberty measures provided for in Articles 307, paragraph b), and 315 of Act 906 of 2004. February. Benefit replacement detention will not be granted pre- ventive detention facility in the on-site detention residence provided for in paragraphs 1 and 2 of Article 314 of the Act 906 of 2004. March. Shall not extinction of the penal action under opportunity principle laid down in Article 324, paragraph 8, of the Act 906 of 2004 for cases in which compensation of prejudice- services. April. Penal No such surrogate Conditional Suspension Execution of Sentences, referred to in Article 63 of the Code Criminal. May. Penal No such subrogated Parole pre- down in Article 64 of the Penal Code.
Page 109 Act 1098 of 2006 109/118 . 6 In no case the penalties enforcement judge granted the be- efit of replacing the execution of the sentence, the provisions of Ar- ass 461 of Act 906 of 2004. 7. Shall not rebates worth based on "preliminary agreements and negotiations between the prosecutor and the accused or defendant "provided Articles 348 to 351 of Act 906 of 2004. 8. Nor shall any other benefit or surrogate court will or administrative, except benefits embodied collaboration in the Code of Criminal Procedure, provided that this is effective. . Where to stay temporarily vi- People Act 600 of 2000, in the case of offenses for which re- relates the first paragraph of this article shall not be granted the benefit probation services guaranteed by surety extinction criminal action for full payment of damages, suspension of medi- gives assurance to be over sixty-five (65) years, re- sorry for low plea bargain and confession; nor shall be granted substitute mechanisms of deprivation of freedom suspended sentence or conditional-axle suspension execution of sentence and probation. Nor will proceed relative of the above offenses as a substitute home detention prison, nor will there be in any other legal surrogate benefit judicial or administrative, except earnings per collaboration with- enshrined in the Code of Criminal Procedure provided that this is effective. . 200 Article 119 of Law 599 of 2000 is as follows: 119. Aggravating Circumstances . When with the conduct described in the preceding articles, coincides with one circumstances you outlined in Article 104 the respective pe- nas were increased by one third to one half.
Page 110 Act 1098 of 2006 110/118 When the acts mentioned in the preceding articles co- getting into children under fourteen (14) years the respective penalties were increased by double. Book III National Family Welfare System, Public Policy and Inspection, Monitoring and Control Chapter I 201. Defining public policies for children and ado- cence . For the purposes of this Act, are considered politically public of childhood and adolescence, the set of actions that advances the state, with the participation of society and the fami- lia, to ensure full protection of children, girls and adolescents. Public policies are implemented through the development, im- mentation, monitoring and evaluation of plans, programs, pro- projects and strategies. 202. objectives of public policy . The objectives of public policy, including the following: 1. Directing action and state resources toward achieving economic, political, cultural, environmental and social conditions them, which enable the development of skills and oppor- ties of children, girls and adolescents as subjects in responsible exercise of their rights. Two. Maintain current systems and information strategies tion to enable informed decision-making and appropriate appropriate about the matter.
Page 111 Act 1098 of 2006 111/118 Three. Designing and implementing actions to achieve the inclusion of the most vulnerable to social life child population in conditions equality. April. Strengthen interagency and intersectoral coordination 203. guiding principles of public policy . The public policies for children, adolescents and families as political State shall be governed by at least the following principles: 1. Interests of the child or adolescent. February. Prevalence of the rights of children, adolescent girls and adolescents. March. Comprehensive protection. April. Equity. May. Comprehensiveness and articulation of policies. 6. Solidarity. 7.'s Social participation. 8. Priority of public policy on children and adolescents cia. 9. Complementarity. 10. The priority social investments aimed at children and ado- cence. 11. The financing, management and efficiency of spending and investment public. 12. The gender perspective. 204. responsible public policies for children and adolescence . Are responsible for the design, implementation and evaluation are tion of public policy for children and adolescents in the spheres- national, provincial, district and municipal cough, the President of the Republic, governors and mayors. Failure to comply will as grounds for disciplinary sanction misconduct. The
Page 112 Act 1098 of 2006 112/118 responsibility is delegated and leads to public accountability accounts. At the territorial level, it must have a public policy di- differential and priority of childhood and adolescence that encourages arti- lation between the municipal councils, assemblies and Congress National to ensure the definition and allocation of resources for the implementation of the proposed policy. The National Planning Department, the Ministry of the Pro- Social protection and the Ministry of Education, with technical assistance ICBF should the minimum technical design guidelines that de- Bern contain development plans in the area of childhood and teens taking into account the life cycle approach ga- LITY and restoration of rights. The governor and the mayor, within the first four (4) me- months of his term, made the diagnosis of the situation of the ni- studies in which pregnancy and adolescence in his department and municipality, in order to establish priority issues which should be addressed in your Development Plan and identify strategies for the short, me- medium and long term for it to be implemented. Assemblies and Councils to approve the development plan and in- version must verify that this corresponds to the results the diagnosis is made. For this they require the governor and the al- boiler, that we make known before the debate approval Development Plan. . The total financial surplus derived ICBF management apply to the financing of political public for Children and Adolescents defined in this Act. 205. National Family Welfare System . The Institu- to Colombian Family Welfare System as rector Na- tional Family Welfare is responsible for the articulation of
Page 113 Act 1098 of 2006 113/118 entities responsible for ensuring the rights, prevention for a violation, the protection and restoration of the same, at national, provincial, district, municipal areas and res- resguardos or indigenous territories. The National Council of Social Policy addressing the guide-lines cough and recommendations of the National Planning Department is the entity responsible for designing public policy, mobilizing and approved Tweeting budgetary resources to ensure the rights children, girls and adolescents and to ensure their protection and restoration throughout the national territory. 206. National Council for Social Policy . The Council National Social Policy is the entity responsible for designing the political public policy, mobilize and appropriate budgetary resources and Dec tar lines of action to ensure the rights of children, and adolescents and to ensure their protection and restoration throughout the national territory. The Council shall consist of: 1. The President or the Vice President, who pre- It Sidira. February. Ministers of Social Protection, Interior and Justice, Finance, Education, Environment, Housing and De- Territorial Development, Culture, Communications, or deputy ministers. Three. The Director of the National Planning Department or sub- Director. 4. The Director of the Colombian Institute of Family Welfare, who will make the technical secretariat. May. A Governor on behalf of the governors. 6. A Mayor on behalf of Mayors. 7. An indigenous authority representing Entities Te- Indigenous rritoriales.
Page 114 Act 1098 of 2006 114/118 . The Council shall hold sessions twice a year. . While Te-up Entities Indigenous rritoriales, the Council will make an Indigenous Authority on their behalf, provided that their territory out an ac- activity for the protection of childhood and adolescence. 207. departmental and municipal policy councils social . In all departments, municipalities and districts must Advice Social Policy in session, chaired by the governor and Mayor who may not delegate or participation, nor its response on pain of incurring liability on grounds of misconduct. Will be responsible for a functional link between the In- National and Regional entities shall have participation civil society organizations and define their own rules and composition. In any case they must be part of the Board's au- thorities responsible for the restoration of the rights and Public Ministry. In municipalities where there is not a center of the Institute Zonal to Colombian Family Welfare, coordination system the family welfare exercise the Social Policy Councils. The Councils shall hold sessions at least four times a year, and shall render periodic reports to the Assemblies Depart- such as municipal councils. Chapter II 208. definition . For the purposes of this Act means monitoring and control by supervisory actions, policivas, administra- trative, and judicial, aimed at ensuring compliance functions and obligations for guarantee and restoration the rights of children, girls and adolescents and their con-
Page 115 Act 1098 of 2006 115/118 familiar text and prevent violations through follow-up public policy and evaluation of management functions cials and the responsible entities. 209. Overall objective of the inspection, monitoring and con- control . The target of the inspection, monitoring and control is insured- rar that competent authorities carry out their duties in national, provincial, district and municipal levels for: Garanti- Tsar rights of children, girls and adolescents and their con- familiar text. Ensure that they receive the necessary comprehensive protection for the restoration of their rights. Having the proper distribution and use of resources for the fulfillment of the obligations of the state ma- ria of children, adolescents and families. Check to ensure that responsible entities and Resetting cer rights of children, girls and adolescents meet permanently to improving their quality of life and their families. 210. competent authorities of inspection, monitoring and control . In accordance with the powers conferred upon them by the Constitution and laws, shall exercise the function of inspection, monitor- tion and control: 1. The Attorney General's Office. 2. Comptroller General of the Republic. Three.'s Ombudsman. April. District and municipal Personeras. May. Administrative inspection and supervision institutions. 6. Organised civil society in the implementation of Articles 40 and 103 of the Constitution.
Page 116 Act 1098 of 2006 116/118 211. Functions of the Attorney General of the Na- training . The Attorney General's Office shall act assigned in this previous law through the Attorney De- bequeathed to the Defense of Children and the family, from this Delegate law will be referred to the defense of rights of the Child, Youth and Family, which through judicial prosecutors will exercise oversight functions superior, prevention, management control and intervention with the administrative and judicial authorities as established by the Constitution and the law. 212. functions of the Comptroller General of the Republic ca . The Comptroller General of the Republic shall act to this title referred to by the subsequent selection and control tive management of finance, management and results policies, programs and projects related to children, ado- cence and family in accordance with the objectives and principles of this law. 213. Functions of the Ombudsman . The Defen- sory People perform the functions referred to this degree through the Executive Advocacy for the rights of ni- nez, youth and women through outreach, conservation, advocacy and monitoring of public policies commit human rights of children, girls and adolescents Centes, as established by the Constitution and the law. 214. Participation of society . In development principle of shared responsibility, social organizations specialized lizadas as citizen oversight, or any other form of organization of citizenship, participate in monitoring and surveil- surveillance of public policies and the actions and decisions of the competent authorities. National and regional authorities must ensure that this function is fulfilled.
Page 117 Act 1098 of 2006 117/118 Chapter III 215. budget and financing . The Government, the Congress, the Attorney General's Office and the Superior Judicial Council shall provide for the allocation, reorga- tion and redistribution of budgetary, financial, physical and human resources for the fulfillment of this law, under the coordination of the Colombian Institute of Family Welfare. 216. Validity . This Law shall enter into force six (6) months after its promulgation. With the exception of Articles relevant to the implementation of the accountability system Teen criminal, which will be implemented so gra- dual in the country starting on January first 2007 until full realization the December 31, 2009. Article 199 concerning the benefits and substitutes such will take effect after the promulgation of this law. 12 . The Attorney General's Office conducted studies and shall take the necessary measures to! implementation to gradual system of criminal liability for teenagers de- ntro the period specified in this Act. 217. Repeal . This Code repeals Decree 2737 1989 or the Juvenile Code with the exception of Articles 320 to 325 and those on special food trial which are numbers, also abrogate other provisions that are against him- rials. The honorable President of the Senate, Dilian Francisca Toro Torres. 12 Ignorance corrected by Article 3 of Decree 578 of 2007.
Page 118 Act 1098 of 2006 118/118 The Secretary General of the honorable Senate, Ramn Emilio Otero Dajud. The honorable President of the House of Representatives, Ape Alfredo Cuello Baute. The Secretary General of the honorable House of Representatives, Angelino Lizcano Rivera. REPUBLIC OF COLOMBIA - NATIONAL GOVERNMENT Published and write first. Given in Bogota, DC, on November 8, 2006. The Minister of Interior and Justice, Carlos Holgun Sardi. The Minister of Social Welfare, Diego Palacio Betancourt.