Article IV Preliminary Title.- Capacity<\/strong><\/p>\nIn addition to the rights inherent to the human person, the child and adolescent have the specific rights related to your development process. They have a special ability to the realization of the civil acts authorized by this code and other laws.<\/p>\n
The Law sets out the circumstances in which the exercise of these acts requires a regime of care and determines responsibilities.<\/p>\n
In case of infringement of the penal law, the child and the adolescent less than fourteen (14) years shall be subject to measures of protection and the older teen of fourteen (14) years of measures and socio-educational.<\/p>\n
Article V. - Scope of application-general<\/strong><\/p>\nThis Code is applicable to all children and adolescents of the peruvian territory, without any distinction on grounds of race, colour, sex, language, religion, political opinion, nationality, social origin, economic position, ethnicity, physical or mental disability, or any other condition, whether your own or that of their parents or guardians.<\/p>\n
Article VI.- Extension of the scope of application.-<\/strong><\/p>\nThis Code recognizes that the duty of care to the child and the adolescent extends to the mother and to the family of the same.<\/p>\n
Article VII.- Sources<\/strong><\/p>\nIn the interpretation and application of this Code shall take into account the principles and provisions of the Political Constitution of Peru, the Convention on the Rights of the Child and other international agreements ratified by Peru. Everything related to children and adolescents, the family institutions are governed by the provisions of this Code and the Civil Code in which they may apply.<\/p>\n
The rules of the Civil Code, Criminal Code, Code of Civil Procedure and Code of Criminal Procedure shall apply when applicable, on a supplementary basis of the present Code. When children or adolescents belonging to ethnic groups or communities native or indigenous, it will be observed, in addition to this Code and the legislation in force, their customs, provided they are not contrary to the rules of public order.<\/p>\n
Article VIII.- Compulsory execution<\/strong><\/p>\nIt is the duty of the State, the family, public and private institutions and community-based organizations, to promote the correct application of the principles, rights and rules established in this Code and in the Convention on the Rights of the Child.<\/p>\n
Article IX.- Best interest of the child and adolescent<\/strong><\/p>\nIn any action concerning the child and the adolescent adopted by the State through the Executive, Legislative, and Judicial, of the Public Ministry, the Regional governments, Local Governments, and other institutions, as well as in the action of the society, shall be deemed to be the Principle of the best Interests of the Child and of the Adolescent and the respect of their rights.<\/p>\n
Article X. - Process as a human problem<\/strong><\/p>\nThe State guarantees a system of administration of justice specialized for children and adolescents. Cases subject to judicial or administrative that involved children or adolescents will be treated as human problems.<\/p>\n
BOOK FIRST
RIGHTS AND FREEDOMS<\/strong><\/p>\nCHAPTER I: CIVIL RIGHTS<\/strong><\/p>\nArticle 1.- To life and physical integrity<\/strong><\/p>\nThe child and adolescent have the right to life from the moment of conception.<\/p>\n
This Code ensures the life of the unborn child, protecting it from experiments or genetic manipulations are contrary to their integrity and their physical or mental development.<\/p>\n
Article 2.- To its attention by the State since its conception<\/strong><\/p>\nIt is the responsibility of the State to promote the establishment of appropriate conditions for the care of the mother during pregnancy, childbirth and the phase postnatal. The State will grant specialized care to the adolescent mother, and promote breast-feeding and the establishment of day care centers. The company will give effect to such warranties.<\/p>\n
Article 3.- To live in a healthy environment<\/strong><\/p>\nThe child and adolescent have the right to live in a healthy and ecologically balanced.<\/p>\n
Article 3-A. - Right to good treatment<\/strong><\/p>\nChildren, girls and adolescents, without exception, have the right to good treatment, which involves receiving care, affection, protection, socialization, and education non-violent, in a harmonious environment, solidarity and affective, which gives you comprehensive protection, either by their parents, guardians, managers or legal representatives, as well as their educators, administrative authorities, public or private, or to any other person.<\/p>\n
The right to good treatment is reciprocal between the children, and adolescents.<\/p>\n
Article 4.- Your personal integrity<\/strong><\/p>\nThe child and adolescent have the right to respect for his moral integrity, physical and mental, and his free development and well-being. May not be subjected to torture or to cruel or degrading treatment.<\/p>\n
Are considered extreme forms that affect their personal integrity, forced labour and economic exploitation, as well as forced recruitment, prostitution, trafficking, sale and trafficking of children and adolescents, and all other forms of exploitation.<\/p>\n
Article 5.- Freedom<\/strong><\/p>\nThe child and adolescent has the right to freedom. No child or teen should be detained or deprived of their freedom. Excluding the cases of detention by court order or a flagrant violation of the criminal law.<\/p>\n
Article 6.- To the identity<\/strong><\/p>\n6.1<\/strong>\u00a0The child and adolescent have the right to the identity, which includes the right to a name, to acquire a nationality and, as far as possible, to know his parents and take his surname. They have also the right to the full development of his personality.<\/p>\n6.2<\/strong>\u00a0It is the obligation of the State to preserve the registration and identity of children and adolescents, sanctioning those responsible for this alteration, substitution or unlawful deprivation, in accordance with the Criminal Code.<\/p>\n6.3<\/strong>\u00a0In the event of such alteration, substitution or deprivation, the State will re-establish the true identity by using the most appropriate mechanisms.<\/p>\n6.4<\/strong>\u00a0When a child or adolescent is involved as authors, participants or witnesses of a breach, failure or crime or are victims of the same, it is not published its identity and its image through the media. The prohibition extends to the father, mother, legal guardian, or to the people who live with him\/her. The media have the obligation to guarantee the confidentiality of the personal data and any information that allows to identify them, except that, in the case of girls, children and adolescents, there is a written authorization from a parent or legal guardian, and provided that you do not threaten your best interests.<\/p>\nArticle 7.- Registration<\/strong><\/p>\nThe children are registered in the Registry of the Civil State by his father, mother, or person responsible for your care, immediately after his birth. Not to do so within thirty days, it shall proceed in accordance with the requirements of Title VI of the Organic Law of the National Registry of Identification and Civil Status.<\/p>\n
In the certificate of live birth shall contain the fingerprint of the mother and the identification pelmatosc\u00f3pica of the newborn, in addition to the data that corresponds to the nature of the document.<\/p>\n
The unit in charge of the registry shall extend, under the responsibility and free-of-charge, the first proof of birth within a period not to exceed twenty-four hours from the time of your registration.<\/p>\n
Article 8.- To live in a family<\/strong><\/p>\nThe child and adolescent have the right to live, grow and develop in the bosom of his family.<\/p>\n
The child and the teenager who lack natural family have the right to grow up in a family environment suitable.<\/p>\n
The child and the adolescent may not be separated from his family, but due to special circumstances defined in the law, and with the sole purpose of protecting them.<\/p>\n
Parents must ensure that their children receive the care necessary for their proper development.<\/p>\n
Article 9.- To freedom of opinion<\/strong><\/p>\nThe child and the adolescent who are capable of forming their own judgments shall have the right to express those views freely in all matters affecting them, and by the means they choose, including conscientious objection, and which takes into account their views in accordance with their age and maturity.<\/p>\n
Article 10.- Freedom of expression<\/strong><\/p>\nThe child and adolescent has the right to freedom of expression in its various manifestations.<\/p>\n
The exercise of this right shall be subject to the restrictions determined by law.<\/p>\n
Article 11.- To freedom of thought, conscience and religion<\/strong><\/p>\nThe child and adolescent has the right to freedom of thought, conscience and religion.<\/p>\n
You will respect the right of parents, or of its authorities, guide the child and the adolescent in the exercise of this right in accordance with their age and maturity.<\/p>\n
Article 12.- The free transit<\/strong><\/p>\nThe child and adolescent have the right to freedom of movement, restrictions and authorizations that are listed in the Third Book of this Code.<\/p>\n
Article 13.- Partner<\/strong><\/p>\nThe child and adolescent has the right to freedom of association for lawful purposes and to assemble peacefully.<\/p>\n
Only teens may be legal persons of membership-based nonprofit organization. The children will be able to adhere to these associations.<\/p>\n
The civil capacity, especially of the teenagers that make up these legal persons are only allowed to the performance of acts related strictly to the purposes of the same, provided they do not imply the disposal of assets.<\/p>\n
These associations are recognized by Local Governments and may enroll in the Public Records, for the sole merit of the City Resolution of recognition.<\/p>\n
CHAPTER II: ECONOMIC, SOCIAL, AND CULTURAL<\/strong><\/p>\nArticle 14.- The education, culture, sport and recreation<\/strong><\/p>\nThe child and adolescent have the right to education. The State guarantees free public education for those who have financial limitations. No child or teen should be discriminated against in school, by disability or by reason of the marital status of their parents. The child or adolescent, pregnant or a mother, should not be prevented from instituting or continuing their studies.<\/p>\n
The education authority will adopt the measures necessary to prevent any form of discrimination.<\/p>\n
Article 15.- Basic education<\/strong><\/p>\nThe State guarantees that the basic education comprising:<\/p>\n
(a)<\/strong>\u00a0The development of the personality, talents and mental and physical abilities of the child and adolescent, to their fullest potential;<\/p>\n(b)<\/strong>\u00a0The respect of human rights and fundamental freedoms;<\/p>\nc)<\/strong>\u00a0The promotion and dissemination of the rights of children and adolescents;<\/p>\nd)<\/strong>\u00a0Respect to parents, to their own cultural identity, language, national values and the values of the peoples and cultures different from one's own;<\/p>\n(e)<\/strong>\u00a0The preparation for a responsible life in a free society, in the spirit of solidarity, understanding, peace, tolerance, equality of sexes, and friendship among peoples and ethnic groups, national and religious;<\/p>\nf)<\/strong>\u00a0The training in the democratic spirit and the responsible exercise of rights and obligations;<\/p>\ng)<\/strong>\u00a0Sexual orientation, and family planning;<\/p>\nh)<\/strong>\u00a0The development of a thought, autonomous, critical and creative;<\/p>\n(i)<\/strong>\u00a0The training of the child and the teenager for productive work and for the management of scientific and technical knowledge; and<\/p>\nj)<\/strong>\u00a0Respect the natural environment.<\/p>\nArticle 16.- To be respected by their teachers<\/strong><\/p>\nThe child and adolescent have the right to be respected by their teachers and to challenge their assessment criteria concerning, and may resort to higher instances if necessary.<\/p>\n
Article 17.- To be enrolled in the regular system of education<\/strong><\/p>\nThe parents or guardians have the obligation to enroll their children or those who are under his care in the regular system of education.<\/p>\n
Article 18.- The protection by the Directors of the schools<\/strong><\/p>\nThe Directors of the schools shall communicate to the competent authority in cases of:<\/p>\n
(a)<\/strong>\u00a0Physical abuse, psychological harassment, sexual violence and abuse in tort for students;<\/p>\n(b)<\/strong>\u00a0Repeated repetition and school dropout;<\/p>\nc)\u00a0<\/strong>Repeated unexcused absences;<\/p>\nd)<\/strong>\u00a0Consumption of toxic substances;<\/p>\n(e)<\/strong>\u00a0Homelessness and other cases involving violation of the rights of the child and adolescent;<\/p>\nf)<\/strong>\u00a0School performance of children and adolescents; and<\/p>\ng)<\/strong>\u00a0Other acts harmful.<\/p>\nArticle 19.- Modalities and schedules for the job<\/strong><\/p>\nThe State guarantees modalities and schedules special school for children and adolescents who work regularly attend their schools.<\/p>\n
The Directors of the schools will care so that the work will not affect your attendance and school performance and shall regularly report to the competent authority about the performance level of the student workers.<\/p>\n
Article 20.- To participate in cultural programs, sports and recreational<\/strong><\/p>\nThe State will encourage and facilitate the application of resources and physical spaces for the implementation of programs of cultural, sports and recreation, aimed at children and adolescents.<\/p>\n
The municipalities will direct the resources and will run programs with the collaboration and competition of the civil society and social organizations.<\/p>\n
Article 21.- The comprehensive health care<\/strong><\/p>\nThe child and adolescent have the right to comprehensive care of your health, through the implementation of policies that allow their physical and intellectual development under appropriate conditions.<\/p>\n
When they are sick, with physical or mental limitations, visually, or in the case of dependents of toxic substances, will receive treatment and rehabilitation that allows for their participation in the community according to their capabilities.<\/p>\n
Corresponds to the State, with the collaboration and competition of the civil society, develop the necessary programs to reduce child mortality and prevent diseases; to educate the family in the practices of hygiene and sanitation; and to combat malnutrition, making it a priority in these programs, the child and the adolescent in especially difficult circumstances and to the teenager's mother during the gestation and lactation periods.<\/p>\n
Article 22.- Right-to-work teen<\/strong><\/p>\nThe teen who works shall be protected in a special way by the State. The State recognizes the right of adolescents to work, with the restrictions imposed by this Code, provided that there is not economic exploitation, and your work activity does not amount to risk, or hazard, affecting their education or be harmful to their health or to their physical, mental, spiritual, moral or social.<\/p>\n
CHAPTER III: RIGHTS OF CHILDREN AND ADOLESCENTS WITH DISABILITIES<\/strong><\/p>\nArticle 23.- Rights of children and adolescents with disabilities<\/strong><\/p>\nIn addition to the rights enshrined in the Convention on the Rights of the Child and in this Code, the children and adolescents with disabilities enjoy and exercise the rights inherent to their own condition.<\/p>\n
The State, preferably through the Ministries included in the National Council of persons with Disabilities, and the company shall ensure equal opportunities for access to conditions appropriate to your situation with materials and tailored services, such as health care, education, sport, culture, and job training. Also, it ensures the full development of their personality to the maximum of their potential, as well as the enjoyment of a full and decent life, facilitating their active participation, equality and opportunity in the community.<\/p>\n
CHAPTER IV: DUTIES OF CHILDREN AND ADOLESCENTS<\/strong><\/p>\nArticle 24.- Duties<\/strong><\/p>\nThese are duties of children and adolescents:<\/p>\n
(a)<\/strong>\u00a0Respect and obey their parents or those responsible for your care, provided that their orders do not infringe their rights, or contrary to the laws;<\/p>\n(b)<\/strong>\u00a0Study effectively;<\/p>\nc)<\/strong>\u00a0Take care, in the extent of its possibilities, to their ancestors in their sickness and old age;<\/p>\nd)<\/strong>\u00a0Collaborate in the home, according to their age;<\/p>\n(e)<\/strong>\u00a0Respect private and public property;<\/p>\nf)<\/strong>\u00a0Conserve the environment;<\/p>\ng)<\/strong>\u00a0Take care of your personal health;<\/p>\nh)<\/strong>\u00a0Do not consume psychotropic substances;<\/p>\n(i)<\/strong>\u00a0Respect the ideas and the rights of others, as well as the religious beliefs different from your own; and<\/p>\nj)<\/strong>\u00a0Respect to the Country, its laws, symbols, and heroes.<\/p>\nCHAPTER V: WARRANTIES<\/strong><\/p>\nArticle 25.- Exercise of the rights and freedoms<\/strong><\/p>\nThe State guarantees the exercise of the rights and freedoms of the child and adolescent enshrined in the law, through the policy, the measures, and permanent actions and sustained referred to in this Code.<\/p>\n
Article 26.- Dissemination of the rights contained in this Code<\/strong><\/p>\nThe Ministry of Promotion of Women and Human Development-PROMUDEH) promote, in the mass media, spaces for the dissemination of the rights of the child and the adolescent. For these purposes, you can sign up\u00a0<\/strong>agreements of cooperation.<\/p>\nBOOK SECOND
NATIONAL SYSTEM OF COMPREHENSIVE CARE OF THE CHILD AND THE ADOLESCENT<\/strong><\/p>\nCHAPTER I: SYSTEM AND NATIONAL GOVERNING BODY<\/strong><\/p>\nArticle 27.- Definition<\/strong><\/p>\nThe National System of Comprehensive Care of the Child and the Adolescent is the set of organs, entities, and public and private services that formulate, coordinate, supervise, evaluate, and execute the programs and actions developed for the protection and promotion of the rights of children and adolescents. The system works through a set articulated in agency activities, developed by public and private institutions.<\/p>\n
Article 28.- Address of the System and Governing Body<\/strong><\/p>\nThe Ministry of Promotion of Women and Human Development-PROMUDEH) directs the system as a Governing Entity. The implementation of plans and programs, the application of measures of care that coordinates, as well as the research on guardianship and protection measures, is located in the administrative area.<\/p>\n
The PROMUDEH has as the head of the system to a technician who specializes in children and adolescents.<\/p>\n
Article 29.- Functions<\/strong><\/p>\nEI Ministry of Women and Vulnerable Populations as the governing entity of the System:<\/p>\n
(a) Formulates, approves and coordinates the implementation of policies aimed at the comprehensive care of children and adolescents.<\/p>\n
(b) Dictates a standard of technical and administrative in nature and national general on the comprehensive care of the child and adolescent.<\/p>\n
c) Start procedures for check out, familiar to children and adolescents, and apply the appropriate measures.<\/p>\n
d) Directs and coordinates the National Policy of Adoptions through the National Secretariat of Adoptions and the venues desconcentradas at the regional level.<\/p>\n
e) bring the records of the private agencies and community dedicated to the childhood and the adolescence.<\/p>\n
f) Regulates the functioning of public bodies, private and community programmes and actions directed towards the child and adolescent, as well as monitors and evaluates the fulfillment of its purposes.<\/p>\n
g) ensure compliance with the rules contained in the Convention on the Rights of the Child, in this Code and in the national legislation.<\/p>\n
h) Channels to the competent authorities the facts that you know of that discards the assumption of a crime or offence committed in the tort of children and adolescents.<\/p>\n
(i) All the rest that corresponds to him according to law.<\/p>\n
Article 30.- Agency activities<\/strong><\/p>\nThe PROMUDEH will articulate and guide the agency activities of the National System of Comprehensive Care that is run through of the various private and public agencies.<\/p>\n
Article 31.- Decentralization<\/strong><\/p>\nRegional and local governments, shall establish, within their respective jurisdictions, entities techniques similar to the Governing Entity of the system, which will be responsible for the regulation, registration, and monitoring and evaluation of the actions carried out by the executive levels. The PROMUDEH will coordinate with these entities techniques of local and regional the performance of its functions.<\/p>\n
CHAPTER II: POLICY AND PROGRAMS OF COMPREHENSIVE CARE OF THE CHILD AND THE ADOLESCENT<\/strong><\/p>\nArticle 32.- Policy<\/strong><\/p>\nThe policy for the promotion, protection and care of the child and the adolescent is the set of guidelines and guidelines of public character, dictated by the PROMUDEH, whose aim higher<\/p>\n
Article 33.- Development programs<\/strong><\/p>\nThe politics of attention to the child and the adolescent will be oriented to develop:<\/p>\n
(a)<\/strong>\u00a0Prevention programs that ensure adequate conditions of life;<\/p>\n(b)<\/strong>\u00a0Promoting programs that encourage their participation and that of your family and that will develop their potential;<\/p>\nc)<\/strong>\u00a0Protection programs to ensure the timely attention when facing situations of risk;<\/p>\nd)<\/strong>\u00a0Assistance programs to meet their needs when they are in especially difficult circumstances;<\/p>\n(e)<\/strong>\u00a0Rehabilitation programs that enable your physical and mental recovery and that offer specialized care.<\/p>\nArticle 34.- Conditions for the development of plans and programs<\/strong><\/p>\nThe plans, programs and actions will be developed taking into account the social and cultural situation of the child and adolescent, in accordance with the national policy dictated by the PROMUDEH.<\/p>\n
Article 35.- Special programs<\/strong><\/p>\nThe PROMUDEH develop special programs for children and adolescents that present peculiar characteristics of his own person, or arising out of social events.<\/p>\n
Article 36.- Programs for children and adolescents with disabilities<\/strong><\/p>\nThe child and adolescent\u00a0disabled<\/strong>, temporarily or permanently, have the right to receive care assisted and permanent, under the responsibility of the Health Sector. Have the right to an education through an inclusive approach and reasonable adjustments, as well as occupational training and labour, under the responsibility of the Sectors of Education and Work.<\/p>\nThe child and adolescent\u00a0with disabilities declared judicially in a state of helplessness family\u00a0<\/strong>you have the right to a care assisted standing under the responsibility of the\u00a0Ministry of Women and Vulnerable Populations<\/strong>.<\/p>\nArticle 37.- Programs for children and adolescents addicted to psychoactive substances<\/strong><\/p>\nThe child and the teenager addicted to psychoactive substances that produce dependence will receive specialized treatment of the Health Sector.<\/p>\n
The PROMUDEH promotes and coordinates the programs of prevention, treatment and rehabilitation of these children and adolescents between the public and private sectors.<\/p>\n
Article 38.- Programs for children and teenagers who are abused or victims of sexual violence<\/strong><\/p>\nThe child or adolescent victims of physical abuse, psychological or sexual violence deserve that provide them with comprehensive care through programs that promote their physical and psychological recovery. The service is the responsibility of the Health Sector. These programmes should include all the family.<\/p>\n
The State guarantees the respect of the rights of the victim in all the police and court procedures. The PROMUDEH promotes and establishes programs, preventive care and protection, public and private, aimed to prevent, respond to and reduce the effects of the violence directed against the child or the adolescent.<\/p>\n
Article 39.- Programs for children and adolescents who are victims of armed violence or displaced.<\/strong><\/p>\nThe child and adolescent victims of armed violence and\/or displaced from their place of origin will be attended by national programmes of specialized assistance. The PROMUDEH will convene for the execution of these programs to public and private bodies, both national and international competent in the matter.<\/p>\n
Article 40.- Programs for children and teens who live and work in the street<\/strong><\/p>\nThe working children and adolescents will participate in targeted programs to ensure their educational process and their physical and psychological development.<\/p>\n
Children and adolescents living in the street have the right to participate in programs of integrated care led to the eradication of begging and ensure their educational process, its development<\/p>\n
The Ministry of Women and Social Development, in coordination with Local and Regional Governments, shall have charge of the promotion and implementation of these programmes, which are developed through a training process that includes the strengthening of its ties with the family, the school and the community.<\/p>\n
Article 41.- Programs for children and adolescents who lack family or are in extreme poverty<\/strong><\/p>\nThe child and adolescent beneficiaries of programmes, when they have no family or are in a situation of extreme poverty, will be integrated to the welfare programs of the public or private bodies.<\/p>\n
CHAPTER III: DEFENSE OF THE GIRL, BOY AND TEENAGER<\/strong><\/p>\nArticle 42.- Definition<\/strong><\/p>\nThe office of the Child and Adolescent is a free service, and specialized form part of the National System of Comprehensive Care. It works on local governments, public and private institutions and civil society organizations, and its purpose is to contribute to the exercise of the rights of children and adolescents for its comprehensive protection, acting according to the principles outlined in this Code and other applicable rules in your favor.<\/p>\n
Article 43.- Administrative<\/strong><\/p>\n43.1<\/strong>\u00a0The office of the Ombudsman of Girl, Child and Adolescent acts in the administrative bodies of the public and private institutions of care to children and adolescents. The MIMP, as the Central Authority, promotes, credit, leads, standard, coordinates, and oversees this service, as well as trains its members.<\/p>\n43.2<\/strong>\u00a0When the office of the Ombudsman of Girl, Child, and Teenager is in charge of a local government is called the Defensor\u00eda Municipal Girl, Boy and Teen \u2013 DEMUNA. The local government is in charge of their implementation, and sustainability, ensuring the conditions required for the performance of its functions.<\/p>\n43.3<\/strong>\u00a0In the case of the Defenders of the Girl, Boy and Teenager promoted by other public entities, private entities or organizations of civil society, they should provide the conditions necessary for the fulfilment of its functions.<\/p>\nArticle 44.- Members of the Protectorate<\/strong><\/p>\nThe Defensor\u00eda Municipal of the Girl child, Toddler and Teen-DEMUNA is formed by professionals of various disciplines, recognized good moral character and qualified to perform the duties of the service. The Protectorate promoted by other institutions or organizations can count on professional or, when its possibilities are not permitted, must be built-at least for people in the community are properly trained and accredited for the exercise of their function.<\/p>\n
The members of the Defenders can perform this service as an advocate responsible, advocate, promoter and\/or support staff, and to do so, they must comply with the following conditions:<\/p>\n
(a)<\/strong>\u00a0To be over 18 years of age.<\/p>\n(b)<\/strong>\u00a0Do not log in police records, court or criminal.<\/p>\nc)<\/strong>\u00a0Not to be debtor\/to food.<\/p>\nd)<\/strong>\u00a0Having passed the training course for defenders.<\/p>\nArticle 45.- Functions<\/strong><\/p>\n45.1<\/strong>\u00a0Are functions of the Ombudsman:<\/p>\n