2. It should be noted that an exhaustive effort has been made to provide detailed, item-by-item information but, as indicated in the reply under item 2 of the present report, the Argentine Republic's political and administrative structure is federal in nature, by virtue of which each constituent province is responsible for its activities, particularly as pertains to social questions.
3. A Statistical Profile of the Child in Argentina*, containing information on a number of areas and indicators of social interest, such as population, nationality, households, education, employment and health, is attached. The statistical tables presented were selected from a larger set and in accordance with the availability of basic information (publications of the National Institute of Statistics and Censuses (INDEC), in particular the National Population and Housing Census). The statistics are broken down as necessary by subject-matter, and give, whenever possible, combined categories for the age group 0 to 19 years. For technical reasons, it was necessary to retain the higher age, even though the Convention defines children as being below the age of 18 years. The data are for the entire country and are by political and territorial division (provinces). For the variable "employment", the main aggregates used by the Permanent Household Survey (EPH) were retained.
5. Article 75 (22) of the new National Constitution, adopted on 22 August 1994 by the National Constituent Convention, gives constitutional status to the Convention on the Rights of the Child "... in the conditions of its applicability ...", thereby reaffirming both the reservation and the declarations. No provision was made for withdrawing the reservations, which would require the procedure set out in the above-mentioned provision, because the unilateral interpretative reservations and declarations strengthen and extend the applicability of the Convention on the Rights of the Child, in the spirit of respect for the "best interests of the child", as set forth in article 3.
6. The Argentine interpretation of article 1 of the Convention on the Rights of the Child is that it covers all children from conception up to the age of 18, regardless of their legal situation. The scope of article 38 of the Convention ensures protection of life and physical integrity for all children up to the age of 18.
7. The reservation to article 21 (b) to (d) of the Convention does not affect an exception in article 20 in fine of that instrument, according to which the general principle on behalf of ethnic, cultural, linguistic and religious identity is fully applicable, in keeping with the right to an identity recognized in article 8 of the Convention. Consequently, the reservations and interpretations are not contrary to the spirit of the Convention, but amplify and reaffirm the general principles which it proclaims.
...
(p) To participate in activities pursuant to international cooperation agreements within its jurisdiction to which the State has acceded and its counterpart in specific assistance programmes in the area.
"Art.3. In addition to the functions described in the previous article, the National Council for Children and the Family may:
(o) Participate in the conclusion and implementation of international instruments which Argentina signs or to which it accedes, when these affect or refer to areas within its jurisdiction".
10. Consequently, the content of this report primarily covers the specific area of competence of the National Council for Children and the Family and the 250 non-governmental organizations integrated in it, although it also includes national government programmes directed towards compliance with the aims of the Convention, together with all the decisions of the federal public authorities, at both the constitutional and the legislative levels.
12. The National Council for Children and the Family plans to publish and disseminate the report throughout the country and will present it at a public ceremony with media coverage on the occasion of the fourth anniversary of the deposit of Argentina's instrument of ratification, with its reservations, with the Secretary-General of the United Nations.
- include the topic in the curriculum at all educational levels before 1995;
- ensure that ongoing dissemination campaigns are carried out at the national, provincial and municipal levels, using the media and adapting the messages to the target audience."
(b) Human rights and social rights;
(c) Political rights;
(d) Civil rights;
(e) Approach to personal rights:
(ii) Right to identity;
(iii) Protection against all forms of discrimination;
(g) Right to health in the framework of the Convention;
(h) Administration of justice for children and regulations concerning minors who have committed offences, with emphasis on articles 37 and 40 of the Convention.
15. At the second Federal Congress on Children and Young People, which took place from 22 to 24 April 1993 at las Termas de Río Hondo, in the province of Santiago del Estero, a series of workshops were held on various themes relating to children. The Congress was organized in conjunction with the first Meeting of Youth "For Our Rights", which provided a forum for young people to express their feelings and experiences with regard to their rights and the issues affecting them.
16. The following workshops were held at the second Federal Congress:
Children and youth as subjects of law. Aspects to consider in view of recent modifications;
Treatment of minors in conflict with the criminal law. Minors in prisons and police stations. Preventive and alternative programmes;
Families at risk. Preventive programmes. Self-management. Community networks;
Programmes to prevent abandonment in early childhood. Focus on mothers at risk;
Adoption. Foster placement for the purpose of adoption. Administrative and judicial procedures;
Comprehensive instruction for children and youth. Spiritual and religious aspects;
Avoiding institutionalization of children with social problems. Alternative programmes;
Dealing with street children and children living on the streets;
Indigenous children. Integration without cultural breakdown;
Child and youth workers. Monitoring of working conditions;
Micro-production enterprises for young people;
The adolescent and solitude. Integration programmes to occupy leisure time and recreation;
Comprehensive approach to drug dependency and alcoholism;
Comprehensive approach to maltreatment, violence and sexual abuse;
Comprehensive approach to a new social problem: sexually transmissible diseases and acquired immunodeficiency syndrome (AIDS);
Social integration of the disabled. Programmes for independent living;
Budget, funding and administration of economic resources under programmes dealing with children.
Right to freedom of expression, thought, conscience and religion;
Right to protection against all forms of physical or mental violence, injury or abuse, maltreatment or exploitation;
Right to education;
Right to rest and leisure time, to engage in play and recreational activities;
Right to be protected from economic exploitation and from performing hazardous work;
Right to health.
(a) A network of Schools for the Rights of the Child: incorporation of educational units into pedagogical, recreational and artistic community activities based on a participation model;
(b) Teacher-training in basic concepts of human rights and the role of education in the development of humanitarian and community values;
(c) Dissemination through, inter alia, artistic competitions, production of television spots, promotion of cultural events, and creation of image banks.
19. As an additional tool, the National Council for Children and the Family has published Act No. 23,849, under which the Convention on the Rights of the Child was approved, including the text of the Convention and the reservations made to it by Argentina. One hundred thousand copies have been issued in stages since April 1991 and publication will continue through 1995; copies are to be used in seminars, congresses, classes, and debate forums, with free distribution in various contexts.
(1) Formulate policies on children and the family in exercise of its ineluctable responsibility to do so;
(2) Promote the development of municipal and neighbourhood community networks that provide comprehensive care to children and young people;
(4) Establish rules by 1995, through the specialized technical administrative body, for the purpose of monitoring and supervising all non-governmental organizations concerned with children and young people, thereby ensuring the effective implementation of policies consistent with the Convention on the Rights of the Child;
(5) Target its programmes on families at greatest risk and develop preventive programmes aimed at helping such families to become a key element of society and the natural medium for the growth and well-being of all its members, particularly children, by allocating to programmes of prevention a greater share of the budget than that allocated to programmes of assistance;
(6) Promote reforms designed to make education responsive to the real needs of children and young people;
(7) Promote reforms in both the substantive and procedural aspects of current legislation governing the care of children so that such legislation takes full account of the principles of the Convention and the constitutional guarantees protecting children and young people as subjects of law (1995);
(8) Remodel the organizational and functional structures, both governmental (administrative and judicial) and non-governmental, of all jurisdictions in order to bring them into line with the convention on the Rights of the Child and to ensure consistency in the elaboration and implementation of policies relating to children;
(9) Discontinue by 1996 the practice of detaining juvenile offenders under 18 years of age in police stations, municipal premises and institutions run by penitentiary and prison services;
(10) With the aid of interdisciplinary teams, develop in all jurisdictions programmes offering alternatives to the institutionalization of children and young people in conflict with the criminal law, through such mechanisms as immediate evaluation, release under supervision, individual treatment, community strategies and other approaches which do not involve deprivation of liberty;
(11) Comply with the United Nations Rules for the Protection of Juveniles Deprived of Their Liberty when, in exceptional cases, juveniles under 18 years of age are required to be held temporarily in custody;
(12) Gradually reduce the number of children in welfare institutions, whether government or non-governmental, by increasing assistance to their families or developing programmes offering an alternative to confinement;
(13) Introduce in all jurisdictions in which these do not already exist, specific programmes catering to street children and juveniles;
(14) Put an end to all exploitation of the labour of children and young people by developing control mechanisms and promoting alternative approaches that permit children and young people to obtain: education, job training, support for themselves and their families, and gradual incorporation into the legitimate labour force in conditions of dignity;
(15) Develop in all areas preventive programmes aimed specifically at children and young people affected by such social problems as drug addiction, AIDS, sexually transmitted diseases, domestic violence, ill-treatment and abuse, whose prevention and treatment, given their complexity, require an interdisciplinary and intersectoral approach;
(16) Promote initiatives aimed at preventing the marginalization of disabled children and young people, while fully respecting their dignity as human beings, valuing their different abilities and promoting their social integration and, where possible, independent lifestyles;
(17) Elaborate and implement programmes aimed at the advancement of families in indigenous communities, taking into account and respecting the particular cultural characteristics of each ethnic group and rejecting discrimination in all its forms;
(18) Ensure that all persons who exercise responsibility at every level over children and young people, both in public and private systems, have received proper and adequate training. Train 50 per cent of current personnel by the year 1996 and 100 per cent by the year 2000;
(19) Introduce specific labour legislation applicable to persons exercising responsibility over children, young people and families, which ensure that the particular requirements of the job have been met and provide for training and continuous evaluation;
(20) Create mechanisms for the dissemination of the Convention on the Rights of the Child by:
- ensuring that at the national, provincial and municipal levels, educational media campaigns are continuously organized in which the message is adapted to suit its recipient."
21. The following objectives have also been proposed in the field of health:
* Reduce the mortality rate for children under 5 years of age to less than 23 per thousand nation-wide, paying particular attention to those areas in which the rate is higher than the national average.
* Reduce late foetal mortality by one third.
* Keep vaccination coverage at over 90 per cent throughout the country.
* Eliminate neonatal tetanus.
* Control measles.
* Reduce morbidity and mortality rates for diarrhoea and acute respiratory infections. Halve the mortality rate in such cases.
* Reduce by 20 per cent the accident mortality rate for the under-5 age group.
* Increase anti-tetanus vaccination coverage for women of child-bearing age. Achieve 90 per cent TT coverage for pregnant women.
* Monitor pregnancy from the early months of gestation (minimum of five check-ups).
* Promote programmes of responsible parenthood throughout the country.
* Monitor the growth and development of 80 per cent of children under 5 years of age.
* Reduce the incidence of underweight and premature births to less than 7 per cent.
* Control iron and iodine deficiency.
23. As a legal precedent, it is possible to cite the Supreme Court of Justice decision in the case of Ekmekdjian, Miguel A. v. Sofovich, Gerardo, and others, July 7-1992 (v. 1992-C), which states:
"That the Vienna Convention on the Law of Treaties, approved by Act No. 19,865, ratified by the Executive on 5 December 1972 and in force since 27 January 1980, gives international treaty law precedence over internal law. This priority is now part of the Argentine legal system. The Convention is a constitutionally valid international treaty which assigns international treaties priority over domestic legislation within the framework of internal law, that is to say, the primacy of international law is recognized by the internal law itself.
"That, in this connection, it should be borne in mind that when the Nation ratifies a treaty which it has signed with another State, it gives an international undertaking that its administrative and jurisdictional authorities will apply that treaty in the circumstances envisaged therein, provided that it includes descriptions of those circumstances sufficiently specific to permit its direct application. A rule is effective when it addresses an actual situation within which it can operate directly, without the need for institutions which have to be established by Congress."
24. The National Constituent Convention to reform the National Constitution decided to give the action of international treaties constitutional status. Among these treaties is the Convention on the Rights of the Child (art. 75, (22)), which is thus expressly incorporated in the legal pyramid previously erected by article 31 of the National Constitution of 1853 which states:
"This Constitution, the laws of the Nation enacted by the Congress in pursuance thereof and treaties with foreign Powers are the supreme law of the Nation ...".
25. Thus, in the Argentine Republic, the Convention has acquired the highest legislative status as a result of its inclusion in the text of the new Constitution approved in August 1994, and specifically in the above-mentioned article 75 (22), which reads:
28. In those jurisdictions which have not yet incorporated these rights, their swift inclusion is being encouraged and promoted, given the status accorded to them by the new National Constitution, which in any case has immediate effect on the provincial legislation. It is worth noting that the Province of Buenos Aires, the province with the most children, amended its constitution as soon as the rights of the child were included in the National Constitution.
Art. 2. The National Council for Children and the Family shall have the following functions and duties:
(a) To plan, organize and execute the policy of comprehensive development of children and the family within the framework of the existing provisions, the general principles of children's rights and the social policies established by the Ministry of Health and Social Welfare.
(b) To adopt the necessary measures to contribute to the strengthening of the family, and to guide and support it.
(c) To provide for the comprehensive protection of children and disabled and elderly persons who have been abandoned or are exposed to moral or physical danger, by taking such action as it considers appropriate.
(d) To submit for the approval of the Ministry of Health and Social Welfare a comprehensive programme of activities and an annual report on its implementation.
(e) To coordinate the participation of public institutions, non-governmental organizations and neighbourhood and public-interest bodies in general in the planning, execution and publicizing of local and regional activities aimed at the guidance and comprehensive development of the family and all its members.
(f) To carry out a policy of preventive action and protection of children within its sphere of competence.
(g) To promote the development of research and training in the area of children and the family.
(h) To supervise its institutions and services and establish rules relating to the statutes, functioning and registration of cooperative associations of such establishments.
(i) To collaborate obligatorily with the competent judges, as required, informing them immediately of any transfer or change in the situation of children placed by the courts and, at regular intervals, of the results of the care provided for each child.
(j) To make arrangements for children in care to receive education in accordance with their individual characteristics, with a view to enhancing the dignity of the person and improving the prospects for social integration.
(k) To organize and computerize the register of children in care and the register of public and private institutions and services for the protection of children and the disabled.
(l) To establish rules relating to the supervision and registration of private institutions for the care and protection of children and the disabled, to take the steps necessary to ensure compliance with these rules and to give an opinion before the said institutions are granted juridical personality, under national law.
(m) To provide support for those leaving the institutions for which it is responsible, assisting them directly, through 'old boy' associations or through other non-governmental organizations.
(n) To maintain the necessary representation in all the official advisory and supervisory bodies in the field of communications media and to ensure compliance with the child protection legislation in force.
(ñ) To organize congresses, seminars and meetings of a scientific nature and to participate through representatives in those organized by others.
(o) To provide specific technical and administrative advice for national, provincial and municipal authorities which request it and to answer the inquiries of non-governmental organizations with a justifiable interest in the subject.
(q) To carry out studies and assessments with a view to the progressive decentralization and debureaucratization of the organization and its programmes.
Art. 3. In order to perform the functions enumerated in the previous article the National Council for Children and the Family may:
(a) Establish the rules, regulations and provisions necessary in order duly to achieve the objectives of this decree and determine the agenda and rules of procedure for its meetings.
(b) Organize administratively all the services necessary to achieve its objectives.
(c) Propose to the Ministry of Health and Social Welfare -through the competent bodies - an area budget, a work programme and an estimate of resources.
(d) Make the necessary approaches to the courts, the Government Procurator's Office and the competent administrative authorities with a view to protecting children and disabled persons receiving care, and promote the appropriate measures.
(e) Award grants, subsidies and loans within the framework of the programmes approved.
(f) Organize its own data centre, training school and research programmes and the publication of books and periodicals in its specific field.
(g) Institute legal proceedings for the purpose of achieving its objectives.
(h) Conclude agreements within its sphere of competence with the provinces and municipalities and approach the national or provincial authorities for the purpose of achieving the objectives assigned to it by this Decree.
(i) Summon persons to appear, as necessary for the fulfilment of its mission, in which case those summoned must cooperate in the way prescribed by law.
(j) Draft rules governing the specific activities of the teaching staff, without prejudice to the supplementary application of the Teacher's Statute.
(k) Determine the forms of care and arrange for the admission and transfer of children to the most suitable establishments and programmes, after first making the appropriate studies. Children whose cases have been dealt with by the courts may not be admitted or discharged except by order of the competent judge.
(l) Dispose of their resources within the limits of their jurisdiction and take all the administrative measures essential to the achievement of their objectives, within the same limits.
(m) Perform the functions enumerated in and derived from Act No. 22,359 (National Fund for Children and the Family).
(n) Sponsor and approve the realization of studies, research, conferences and training and technical assistance activities connected with specific topics within its sphere of competence in so far as they do not entail expenditure for the State or can be provided for within the budget of the National Council for Children and the Family.
(ñ) Approve programmes and projects, within budget limits and within the plan referred to in article 2 (d) above.
(o) Participate in the conclusion and implementation of international instruments which Argentina signs or to which it accedes, when these affect or refer to areas within its jurisdiction.
(p) Set up committees or working parties for limited purposes, with their own staff, whether permanent or temporary, with the possibility of inviting the participation of other entities and other areas of government.
(q) Propose the conclusion of agreements with the competent authorities for the issuing of diplomas and training certificates to children receiving assistance.
(r) Conclude agreements with institutions or enterprises to provide training and jobs for those it has assisted.
The powers conferred upon the National Council for Children and the Family are not to be understood as limiting its activities undertaken for the purpose of achieving its objectives, in accordance with the legislation in force.
Art. 14. The National Council for Children and the Family shall propose its definitive structures, paying particular attention to the following areas of operation:
A School of Specialized Training in Children and the Family shall be organized to coordinate all the courses, seminars and conferences on the subject for the ongoing training of the professional, technical and administrative personnel of the institution and of others who, by agreement, have access to the system.
For this purpose it may rely upon the support of national and international entities, public or private."
31. For its part, Decree No. 775/93, article 2, strengthens the functions and duties mentioned above by granting the National Council for Children and the Family economic and financial self-government for the administration of its resources, as a decentralized agency of the Argentine civil service.
32. A federal order signed in the city of San Juan in 1982 established in the Argentine Republic a Federal Council for the Protection of Children and the Family to which all the provinces belong and which is presided over by the head of the National Council for Children and the Family which, in its turn, is the country's representative on the Directing Council of the Inter-American Children's Institute of the OAS.
33. At all these levels, national, federal and regional, full compliance with the Convention on the Rights of the Child is being urged.
35. The total expenditure is made up of items in the national, provincial and municipal budgets. For example, within the social chapter, the Province of Buenos Aires is investing 367,800,000 pesos in education and 453,900,000 pesos in health and social development and welfare.
36. Specifically, at the national level, the budget of the National Council for Children and the Family (40,461,000 pesos) is intended for children in the situation envisaged in article 20 of the Convention. The need to adapt the structure of the Council to the new programmes and techniques in the field of child welfare, which require an increase in the level of specialized professional and technical intervention, resulted in the adoption, under Decree No. 775/93, of a new organizational structure with economic and financial self-government which has made it possible to optimize the available resources. It is also intended to increase the budget for 1995, take on additional staff and expand training activities, at both the internal and the external level, in order to make more efficient use of human and material resources.
Insert graph.
Item 10
38. This interpretation is consistent with the positive law in force and with Argentine internal public order, since article 70 of the Civil Code states: "Human existence begins from conception in the womb; and a person may acquire certain antenatal rights, as if he had already been born. These rights remain irrevocably acquired if those conceived in the womb are born alive, even though only for moments after being separated from their mother". In addition, it is stated that parental authority is the body of duties and rights incumbent on parents in respect of the person and assets of their children for their protection and comprehensive upbringing from the time of their "conception and continuing for as long as they are under legal age and have not been emancipated" (Act No. 23,264, art. 264).
39. Furthermore, the Argentine Republic has ratified the American Convention on Human Rights, "Pact of San José, Costa Rica", by Act No. 23,054 which states:
41. Thus, it is clear that for the purposes of the Argentine legal system a child is "any human being from conception up to the age of 18", without prejudice to the semantic designation of each phase or the extension of family and social protection beyond the age of 18, as is frequently the case.
43. Articles 264 et seq. of the Civil Code set forth the duties of the parents with respect to their children under the age of majority:
This authority shall be exercised:
(1) In the case of children born in wedlock, by the father and the mother jointly, provided they are not separated or divorced and provided their marriage has not been annulled. The acts performed by one of them shall be presumed to have the consent of the other, except in the circumstances provided for in article 264 quater, or if express opposition has been declared;
(2) In the case of a de facto separation, divorce or annulment of marriage, by the parent who has legal custody of the child, without prejudice to the right of the other parent to sufficient access to the child and to supervise his upbringing;
(3) In the case of the death, or absence and presumed death, of one of the parents, deprivation of parental authority, or suspension of the exercise thereof, by the other parent;
(4) In the case of children born out of wedlock who are recognized by only one of the parents, by the parent who has recognized the child;
(5) In the case of children born out of wedlock who are recognized by both parents, by both if they live together and, if not, by the parent who has custody granted by agreement or by the court, or recognized by means of a summary proceeding;
(6) By the parent who has been declared by a court to be the father or mother of the child, if he has not been recognized voluntarily.
Art. 264 bis. If both parents are legally incompetent or have been deprived of parental authority or had their exercise thereof suspended, the under-age children shall be placed in the care of a legal guardian. If the parents of a child born out of wedlock are unemancipated minors, preference shall be given to the parent who exercises parental authority rather than to the parent who has the child under his care or protection, in which case the care of the former parent shall replace that of the latter parent even when he is emancipated or reaches the age of majority.
Art. 264 quater. In the cases specified in article 264 (1), (2) and (5), the express consent of both parents shall be required for the following acts:
1. Authorizing the child to marry;
2. Granting him legal capacity;
3. Authorizing him to enter a religious community, or the armed or security forces;
4. Authorizing him to leave the Republic;
5. Authorizing him to institute legal proceedings;
6. Disposing of any of his real estate, rights or other registrable property which they administer, with judicial authorization;
7. Administering the property of the child, unless one of the parents delegates such administration, in accordance with the provisions of article 294. In all these cases, if one of the parents does not give his consent, or it is impossible for him to do so, the judge shall decide what action is in the family's best interest.
Art. 265. Under-age children are under the authority and in the care of their parents. It is the duty and right of the latter to feed their children and to bring them up according to their circumstances and means, not only with the assets of the children but also with their own.
Art. 266. Children owe respect and obedience to their parents. Even if they are emancipated, they have an obligation to care for their parents in their old age or if they become insane or ill, and to provide for their needs in all the circumstances of life in which their assistance is essential to them. The other ascendants are entitled to the same care and assistance.
Art. 267. The obligation to provide maintenance includes meeting the needs of the children in respect of their sustenance, education and leisure, clothing, housing, assistance and expenditure on account of illness.
Art. 269. If an under-age child is in urgent need and his parents are unable to meet that need, the essential supplies provided shall be deemed to have been furnished with their authorization.
Art. 271. In the event of divorce, de facto separation or annulment of marriage, it shall always be the responsibility of both parents to provide maintenance for their children and to bring them up, in spite of the fact that only one of them has custody.
Art. 272. If the father or mother fails to meet this obligation, a maintenance suit may be filed against him or her by the child himself if he is an adult, with the assistance of a special guardian, one of his relatives or the Government Procurator for Juveniles."
Art. 7. The Council is the natural agent of the National Government for ensuring the comprehensive protection of children under the age of majority. To this end, it ensures the effective application of the general provisions concerning acts and situations which may jeopardize the harmonious development of their moral, intellectual and physical abilities. As regards children who have been abandoned, are in moral or physical danger or are affected by situations of conflict, the Council is responsible for providing guidance on action by the community for their protection and assistance, carrying out by itself, where appropriate, and in accordance with the laws all acts conducive to that end. In order to achieve this, it is required to contribute to the strengthening of the family, acting for it and replacing it when the due protection of the children so requires."
Art. 14. Full adoption confers upon the adopted child a filiation which replaces the filiation of origin. The adopted child ceases to belong to his natural family and his relationship with the members of that family ceases to exist, as well as all its legal effects, with the sole exception that the impediments to marriage subsist. In the family of the adoptive parent, the adopted child has the same rights and obligations as a legitimate child.
Art. 20. Simple adoption confers upon the adopted child the status of a legitimate child, but it does not create a bond of kinship between the adopted child and the family of origin of the adoptive parent, except for the purposes expressly established in this Act. The adopted children of the same adoptive parent shall be deemed to be siblings as regards relations between themselves."
Art. 197. Dismissal shall be deemed to have been ordered on the aforementioned grounds where the employer orders dismissal without giving reasons or where evidence supporting the reasons given is not produced and where the dismissal takes place within the three months preceding or the six months following marriage, provided that notification of the marriage has been duly given to the employer. Such notification may not be given before or after the periods specified."
52. Crèches are provided for by Act No. 20,744, as amended, in the case of undertakings employing a minimum number of women as determined by the relevant regulations, but since these regulations have not been formally issued, they are difficult to apply:
54. In the Province of Buenos Aires, Act No. 10,067/93 on the care of children and its exercise states as follows:
Art. 2. For the purposes of the coordinated exercise of child care, it shall be understood that: (a) The judge has exclusive competence to decide on the situation of a child in a state of abandonment or moral or material danger and is required to take all necessary guardianship measures in order to provide the child with protection; (b) The assessor of incompetence, in his capacity as representative of the child and society, is vested with all powers necessary to monitor effective compliance with the provisions intended to protect the child; (c) The Under-Secretariat is responsible for planning and executing - on its own account or through the municipalities -overall policy on children, as regards both prevention, and the training and rehabilitation of children placed in establishments under its authority or control pursuant to the mandates of the competent courts.
Art. 10. The juvenile courts shall be competent:
(b) When the health, security, education or morals of minors are jeopardized; by misconduct or serious or minor offences by their parents, guardians or third parties; by infringements of the legal provisions relating to education and employment; or when, as a result of being orphaned or for any other reason they have been left in a state of material or moral abandonment or are in danger of being so left, in order to provide protection and support, to secure moral and intellectual education for the child and, where appropriate, to punish the misconduct of his parents, guardians or third parties, in accordance with the relevant laws on children and young persons and the provisions of this Act".
(a) Act No. 23,054 ratifies the American Convention on Human Rights ("Pact of San José, Costa Rica").
(c) The Convention on the Elimination of All Forms of Discrimination against Women was ratified on 14 August 1985;
(d) On 24 September 1986, the instrument of ratification of the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment, recognizing the competence of the Committee against Torture to receive communications from individuals, was deposited;
(e) Additional Protocols I and II to the Geneva Conventions of 1949 were also approved, the instrument of ratification having been deposited on 26 November 1986;
(f) Act No. 23,160 lifted the geographical reservation to the Convention relating to the Status of Refugees, so that the benefits of refugee status are now granted to persons coming from any part of the world;
(g) On 8 August 1986, the International Covenant on Civil and Political Rights and the Optional Protocol thereto, and the International Covenant on Economic, Social and Cultural Rights, were ratified.
56. All these multilateral agreements are without prejudice to the bilateral treaties entered into by Argentina, such as the agreement with Uruguay on the protection of minors, which deals in particular with the return of minors.
57. As far as the question of children's work is concerned, it should be noted that the authority responsible for the application of labour legislation is the Ministry of Labour and Social Security. The articles that are relevant are as follows:
(a) Certificate of physical fitness
(c) Young persons under 14 years of age. Prohibition of their employment.
A young person over the age indicated above may not be employed if he is of school age and has not completed his compulsory schooling, save where the Ministry responsible for the interests of young persons has given express authorization on the grounds that the young person's work is deemed to be indispensable for his maintenance or for that of his immediate family, provided that he satisfactorily completes the minimum period of schooling required."
(e) Working day. Night work.
58. The Ministry of Labour and Social Security's concern with child labour is clearly reflected in the considerations and proposals of the National Seminar on Child Labour in Argentina, which are reproduced below:
(a) Child labour is an everyday reality which has long existed but whose scale, characteristics and tendencies are not well enough known. Among the reasons for this situation is the fact that it tends to be concealed and takes diverse and complex forms. In addition, child labour is not defined and understood and recognized by everyone in the same way, there being differences on the subject between official institutions, non-official institutions, parents and children themselves, which helps to keep it hidden;
(b) The usual statistical tools do not deal with child labour as such, which makes it difficult to find out about it. Similarly, some forms of child labour involving high personal and social risk, such as begging, drug trafficking and prostitution, are not covered by these tools;
(c) At all events, the problem is a serious one, whose dimensions are certainly greater than is usually recognized;
(d) It is therefore necessary that appropriate and continuing studies should be undertaken on the question, including statistical research dealing in depth with the characteristic forms and situations of child labour, with a view to arriving at an exhaustive account of its forms, dimensions, trends and implications;
(e) These studies should include an investigation of the variables that will explain the reasons why the existence of child labour is to a large extent denied by a considerable portion of society. The results should serve as a basis for action to reverse this social attitude;
(f) Child labour, unless carried out within the family and in appropriate working conditions, is very insecure, both in its nature and as regards its position under the law;
(g) Child labour is particularly important in informal and urban activities, and secondly in rural activities, where it may be involved in formal productive activities;
(h) Among the children who need priority care, we may mention, firstly, those who perform work or tasks which interfere with or oblige them to interrupt the cycle of formal education; secondly, those who perform tasks or work which endanger the health and psychosocial development of anyone who does them; and, fundamentally, those who are obliged, for structural or other reasons, to perform work or tasks with a high social risk;
(i) Particular importance should be attached, with the restrictions indicated, to application of the existing legislation on child labour. In particular, attention should be given to the regulation and implementation of the provisions on the authorization to work that is to be granted in certain conditions to persons who have not reached the minimum age for starting work;
(j) The provisions prohibiting the performance of work which is dangerous, harmful or arduous for the children doing it and those which protect children against economic exploitation and ill-treatment deserve special attention;
(k) With regard to labour inspection, preventive action and the intervention of civil society are highly useful. The provision of qualified staff and adequate resources are elements of fundamental importance for effective inspection;
(l) Nevertheless, improvement of working conditions for children will only be appropriate in cases where they are engaged in activities appropriate to their age and not those that should be eliminated because of their high degree of social risk or danger;
(m) It would be desirable to set up an intersectoral commission, consisting of representatives of the Ministry of Education, the Ministry of Justice, the Ministry of Labour and Social Security, the Ministry of Health and Social Welfare, the General Confederation of Workers, the Argentine Industrial Union, the Argentine Agrarian Federation, other employers' organizations and non-governmental organizations with a view, in the first place, to following up these proposals and, subsequently, to collaborating in the formulation of the national programme of action on child labour.
59. Aiming specifically at the group of minors who are exploited in work or exposed to situations which diminish their dignity, generally those under the age of 14, the National Council for Children and the Family has developed the programme against child exploitation reproduced below:
1. Legal framework
2. Background
(a) Street children programme
(b) Order No. 270/290 of 17 August 1990
3. Objectives and methodology
4. Activities
4.1 Inter-agency coordination
4.2 Identification of cases
4.3 Community awareness campaign
4.4 Social treatment of cases
4.5 Intervention of the Government Procurator's office and the competent courts
4.6 Rescue of exploited children
5. Resources
5.1 Community
5.2 Extra-institutional
5.3 General institutional
5.4 Specific institutional
6. Investigation and specialized training of human resources
7. Dissemination and extension
61. In view of the great diversity of dates and sources, it is suggested that the indicators requested should be generated using the most recent data and that comparisons in time should be presented with data from the same source.
LIST OF INDICATORS
1. Average size of multiperson households for 1970, 1980 and 1990.
5. Percentage of births to unmarried women between the ages of 15 and 49 (spinsters and women divorced, separated and in consensual unions).
Calculation: Births to unmarried women between the ages of 15 to 49 as a percentage of total births to women aged 15 to 49.
Periodicity: This datum should be obtained for 1970, 1980 and 1990.
10. Percentage of the population aged 15 and over separated and divorced.
Period: This datum should be obtained for 1980 and 1990.
11. Percentage of women between the ages of 15 and 24 in consensual unions.
Calculation: Total women between the ages of 15 and 24 in consensual unions as a percentage of total women aged between 15 and 24 married or in unions.
12. Percentage of women aged 15 and over in consensual unions.
Calculation: Total women aged 15 and over in consensual unions as a percentage of total women in unions (married and in consensual unions) aged 15 and over.
13. Percentage of households with an economically active head and spouse.
Calculation: Total households with an economically active head and spouse as a percentage of total households with an economically active head.
Periodicity: This datum should be obtained for 1980 and 1990.
14. Percentage of households in a poverty situation for rural and urban areas.
Source: ECLAC has made the calculations for the countries of the region. If the countries agree, these will be the data used.
15. Percentage of households in a situation of overcrowding. A situation of overcrowding means one in which three or more persons share a room or two or more persons share a bedroom in a dwelling.
Calculation: Total households in a situation of overcrowding as a percentage of total households.
Note: It is recommended that overcrowding should be calculated on the basis of data on the number of bedrooms; only when this information is not available should the number of rooms be used.
17. Percentage of the population under the age of 14 in incomplete nuclear households.
Calculation: Population under the age of 14 in incomplete nuclear households as a percentage of the total population under the age of 14 in nuclear households.
18. Percentage of the population under the age of 14 in complete nuclear households with economically active spouses.
Calculation: Population under the age of 14 in complete nuclear households where both spouses are economically active as a percentage of the total population under the age of 14 in complete nuclear households.
19. Percentage of the population under the age of 14 in complete consensual nuclear households.
Calculation: Population under the age of 14 in complete consensual nuclear households as a percentage of the total population under the age of 14 in complete nuclear households.
20. Percentage of the population under the age of 14 in poor households.
Calculation: Population under the age of 14 in poor households as a percentage of the total population under the age of 14 in households.
Source: Information supplied by ECLAC (ideally multi-person households, if not possible all households).
21. Percentage of the population under the age of 14 in extremely poor households.
Calculation: Population under the age of 14 in extremely poor households as a percentage of the total population under the age of 14 in households.
22. Percentage of the population under the age of 14 in overcrowded households.
Calculation: Population under the age of 14 in overcrowded households as a percentage of the total population under the age of 14 in households.
23. Percentage of the population under the age of 14 in households with a poor educational environment (less than six years of formal education).
Calculation: Population under the age of 14 in households with a poor educational environment (less than six years of formal education) as a percentage of the total population under the age of 14.
24. Percentage of persons aged 65 and over who do not live alone or as a couple.
Calculation: Persons aged 65 and over who do not live alone or as a couple as a percentage of all persons aged 65 and over in private households.
63. Within the framework of the agreement, the Council will take part in training the necessary staff to carry out the activities and in preparing the various projects for recording the specific data arising from these activities. For its part, the Institute will provide all advisory services, information and technical support required for the statistical tasks involved in the agreement and will take part in specific training activities.
64. In the plan of work to be implemented between August 1994 and July 1995, activities aimed at expanding and adding to available information on children and the family predominate. Existing statistics will be analysed for the purpose and a value judgement made of the content of the joint activities so as to give a full picture of children and the family.
The authorities shall ensure the protection of this right, the rational use of natural resources, the conservation of the natural and cultural heritage and biological diversity, and environmental information and education. It devolves on the Nation to promulgate laws which will provide the minimum prerequisites for protection, and on the provinces the requirements to supplement them, without interfering with local jurisdiction. Entry into the national territory of dangerous or potentially dangerous radioactive wastes shall be prohibited.
Art. 42. Where consumption is concerned, consumers and users of goods and services shall have the right to protection of their health, safety and economic interests; to appropriate and accurate information; to freedom of choice; and to conditions of fair and dignified treatment.
The authorities shall make provision for the protection of these rights, for consumer education, for the defence of competition against all forms of market distortion, for control of natural and legal monopolies, for the quality and efficiency of public services and for the establishment of consumer and user associations.
The law shall establish efficient procedures for the prevention and settlement of conflicts and frameworks for the regulation of public services of national jurisdiction and provide for the necessary participation of the consumer and user associations and the provinces concerned in the regulatory bodies.
Art. 43. Anyone may bring prompt and rapid amparo proceedings, provided that no other more suitable judicial remedy exists, against any act or omission of the public authorities or individuals which may at the present time or in the immediate future infringe, restrict, impinge upon or threaten, in a clearly arbitrary or illegal manner, rights and guarantees recognized by this Constitution, a treaty or a law. In such cases, the judge may declare the norm on which the harmful act or omission is based to be unconstitutional.
Such proceedings may be brought against any form of discrimination and in connection with rights protecting the environment, competition, users and consumers, and rights with an impact on the community in general, by the person affected, the Ombudsman and associations for such purposes, registered in accordance with the law, which will determine the requirements and forms of their organization.
Anyone may bring such proceedings in order to be informed of data concerning him and the object of such data existing in public or private registers or data banks for the purpose of reports, and in the event of inaccuracy or discrimination, demand that such data should be destroyed, rectified, treated confidentially or updated. The secrecy of sources of journalistic information shall not be affected. When the right infringed, restricted, impinged upon or threatened is physical freedom, or in the event of an illegal aggravation of the form or conditions of detention or of the enforced disappearance of persons, habeas corpus proceedings may be brought by the person concerned or by any other person on his behalf and the judge shall hand down an immediate decision, even during a state of siege."
67. The direct participation of children in meetings and congresses, in legal and administrative contexts and even in legal matters is increasing. This can be seen from the national gatherings on the theme of "For our rights", organized by the National Council for Children and the Family, which bring together young people from different provinces of Argentina, as well as from various sectoral and non-governmental initiatives for the same purpose (see para. 17 above).
Source: National Population and Housing Census, 1991.
69. Reference was made only to activities geared to high-risk social groups, as indicated by the National Council for Children and the Family, whose operations are nationwide.
70. The country's population structure shows intensive concentration in the city of Buenos Aires and its neighbouring municipalities, which contain 33.5 per cent of the population of Argentina, with a total of 10,934,727 inhabitants for the region, according to the 1991 National Census. Children up to the age of 4 number approximately 200,000 in the federal capital, or 1 million if Greater Buenos Aires is included.
Art. 264 ter. In the event of a disagreement between the father and the mother, either of them may apply to the competent judge, who shall decide what action is in the child's best interest according to the most summary procedure laid down in the local legislation, after hearing the parents with participation of the Guardianship Ministry. The judge may ex officio request any information he deems necessary, and hear the child, if the child has sufficient judgement and the circumstances so advise. If there are repeated disagreements or there is any other element seriously hampering the exercise of parental authority, the judge may fully or partially attribute it to one of the parents or divide its functions between them, for the period he shall determine, which may not exceed two years.
Art. 267. The obligation to provide maintenance includes meeting the needs of the children in respect of their sustenance, education and leisure, clothing, housing, assistance and expenditure on account of illness."
73. It should be borne in mind that article 4 of Act No. 10,903 categorically provides: "State care ... shall be exercised with due attention to the health, safety, and moral and intellectual upbringing of the child".
74. Finally, the discrepancy concerned was eliminated on 22 August 1994 with the adoption of the new National Constitution, article 75 (22) of which gives constitutional status to all the articles of the Convention on the Rights of the Child, including in particular article 3 (1).
Art. 61. When, in any judicial or extrajudicial proceeding, the interests of legally incompetent persons are at variance with those of their representatives, the representatives shall cease participating in such proceedings and shall be replaced by guardians specially appointed for each case."
78. At the constitutional level, article 120 provides for the Office of the Ombudsman of the Nation as an independent body with functional and financial autonomy and functional immunities.
79. Likewise, Act No. 23,984 establishes the juvenile court, the following being the relevant articles:
Art. 410. In cases involving individuals under eighteen (18) years of age, proceedings shall be conducted in accordance with this Code, with the exceptions laid down in this chapter.
DETENTION AND ACCOMMODATION
Art. 411. A child shall only be detained when there are grounds for believing that he will not comply with a summons or will attempt to destroy the traces of the act or collude with his accomplices, or will induce false statements to be made. In such cases the child will be housed in a special establishment or section, separately from adults, where he will be classified according to the nature and mode of execution of the act ascribed to him, his age, psychological development and other background data and his social adaptability. Any measures concerning him shall be taken following a report by the juvenile court assessor.
PROTECTIVE MEASURES
Art. 412. The presence of the young person at the examination proceedings shall as far as possible be avoided; the court shall observe the provisions of article 76 on the subject. The court may provisionally decide to entrust the care and upbringing of any child in its custody to his parents or another person or institution whose background and circumstances provide moral guarantees, following an administrative inquiry, a hearing of the interested parties and a report by the juvenile court assessor. In such cases, the court may appoint a delegate to exercise direct supervision and protection of the young person concerned and report periodically on his conduct and living conditions.
RULES OF PROCEDURE
Art. 413. In addition to the ordinary rules, the following rules shall be observed during the proceedings:
1. Proceedings shall be held in camera, being attended only by the government procurator, the other parties, the child's defence lawyers, parents or guardians and persons having a legitimate interest.
2. The accused shall attend only when this is essential and shall be removed once the purpose of his presence has been fulfilled.
3. Attendance by the juvenile court assessor is obligatory, non-attendance rendering the proceedings invalid; the juvenile court assessor shall have the powers of a defence counsel even in cases where the accused has his own counsel.
4. The court may hear the parents or guardian, past and present teachers, employers or supervisors of the child or the tutelary authorities who may be able to furnish information enabling an assessment of his personality to be made. These statements may be supplemented by a written report. The provisions in article 78 in this connection shall also be fulfilled.
POSTPONEMENT
Art. 43. The social workers' tasks shall be coordinated and directed by a Superintendent whose rank shall be equal to that of a clerk of the court, who shall also be designated by the Court of Cassation in Criminal Matters on meeting the requirements contained in the corresponding regulations.
Art. 44. The National Court of Cassation in Criminal Matters may engage additional social workers for the purpose of advising and providing assistance to all the judicial bodies on matters requiring it. The Court may also authorize the carrying out of such tasks by the juvenile social workers, provided that that does not prevent them from fulfilling their specific functions."
82. The rights set forth in articles 36-40 refer to political and democratic guarantees, which, while they do not relate directly to children, do provide for a social framework that is respectful of freedom and equal opportunity.
83. The remaining articles, which were discussed under item 13 above, relate more directly to the rights of children and refer to protection of the environment, consumer education and protection against all forms of discrimination, restriction of information or deprivation of liberty.
Art. 28. Births shall be registered within the time-limit set under local legislation, which may not exceed 40 days.
Art. 29. From the date of expiry of the time-limit set under article 28 until a maximum period of one year after birth, the Directorate-General may allow registration when sufficient justification exists. On expiry of this latter time-limit, registration may be effected only by a judicial decision. (Drafted in conformity with Act No. 20,751.)
Art. 29 (Original annulled version). From the date of expiry of the said time-limit until a maximum period of six months after birth, the Directorate-General may allow registration when sufficient justification exists. On expiry of the latter time-limit, registration may be effected only by a judicial decision.
Art. 30. The following must request registration of the birth: 1. The father or mother or, in their absence, the closest relative at the place in question or the person to whose care the newborn child has been entrusted. 2. Administrators of hospitals, hostels, prisons, orphanages or other similar public or private establishments, in respect of births occurring therein, when the persons mentioned under 1 above have failed to do so. 3. Anyone who finds a newborn child or in whose house the child has been left. In such cases, the persons in question must hand over any clothes or other articles found. 4. The authority responsible for keeping a logbook on board vessels or aircraft, referred to under article 27 (3) above, in the form of a copy of the entry, which should reach the Registry Office within five working days of arrival.
Art. 31. The fact of birth shall be attested by a certificate issued by the doctor or obstetrician or, in its absence, by a statement by two witnesses who have seen the infant and who shall sign the register.
Art. 32. The following information shall be entered in the register: 1. The given name, family name and sex of the infant. 2. The place, time, day, month and year of the birth. 3. The given name and family name of the father and mother and the number of the respective identity documents. In the absence of the latter, a record of identity shall be taken, including age and nationality. 4. The number of the identity form.
Art. 33. In the cases referred to in article 30, the entry in the register shall record as the place and date of birth those set down in the certificate issued by the doctor who examined the infant. If no such certificate has been drawn up, the place of birth shall be recorded as that where the infant was found and the date of birth as the mean of the most distant and the closest date recorded in the medical report.
Art. 34. In the case of a child born out of wedlock, neither the father nor the mother shall be mentioned unless either parent has officially recognized the child.
Art. 35. If more than one live child is born of the same delivery, the births shall be registered in separate and consecutive entries, each of which shall state that other infants were born of the same delivery.
Art. 36. If the certificate of the doctor or obstetrician states that the infant was stillborn, the entry shall be recorded in the register of deaths; if the certificate states that the infant was alive at birth but died immediately thereafter, both facts shall be recorded in the registers of births and deaths."
86. The Civil Code seeks to prevent illegal deprivation of identity by stating in article 242 that: "Maternity shall be established, even without explicit recognition, by the evidence of birth and the identity of the child ...".
87. With a view to preserving the identity of individuals, Act No. 18,248 in turn stipulates that:
Art. 2. The given name shall be acquired by entry in the birth certificate. It shall be chosen by the parents or, if either parent is missing, prevented from attending or absent, by the other parent or the persons so authorized by the parents. Failing that, it may be chosen by the guardians, the Government Procurator for Juveniles or the officials responsible for the Register of Civil Status and Capacity of Persons. Where a person has used a name prior to his or her entry in the Register, that name shall be recorded subject to compliance with the provisions of article 3. (Drafted in conformity with Act No. 23,264)"
Art. 147. DISAPPEARANCE OF MINORS: The same punishment shall be incurred by anybody who, being entrusted with the care of a minor under 10 years of age, fails to return him or her to the parents or guardians at their request or fails to account satisfactorily for the minor's disappearance".
91. With regard to measures to prevent disease, the Civil Code contains provisions governing transmissible venereal disease and the compulsory male and female prenuptial certificate:
The health authorities shall encourage and facilitate prenuptial medical examinations. The chiefs of the national medical services and the doctors appointed by the health authorities shall be entitled to issue certificates to future marriage partners on request. Such certificates, issued free of charge, shall be compulsory for males intending to marry. Persons infected with venereal disease may not marry during the period of contagion.
Art. 2. The respective medical examinations shall be conducted by the services of the Ministry of Social Welfare and Public Health of the Nation and of the Municipality of the Federal Capital, and by the provincial and municipal welfare services, under the same conditions as those conducted on behalf of persons of male sex. In all cases, the certificates shall be submitted to the relevant higher authority for endorsement before being displayed in the Civil Registry Office.
Art. 3. Persons infringing the provisions of this Act shall be punishable by the sanctions imposed under Act No. 12,331 and its regulations.
Decree No. 18,866. PRENUPTIAL CERTIFICATE. MUNICIPALITY OF THE CITY OF BUENOS AIRES.
Art. 1. The female prenuptial examination certificate, which is made compulsory by Act No. 16,668, shall be demanded from 1 February 1966 by the Directorate of the Register of Civil Status and Capacity of Persons from future marriage partners, who, in accordance with the provisions of decision No. 6015/65 of the Ministry of Social Welfare and Public Health, may opt for presentation to the authorities or professional persons authorized to conduct the examination, a certificate in which a qualified doctor of their choice declares that he or she has conducted the clinical examination, the signature on such certificate to be authenticated by the competent health authorities. Such a clinical examination must in all cases be supplemented by a serological examination conducted by authorized municipal professional personnel."
Art. 2. The provisions of this Act and of any supplementary regulations established shall be interpreted in such a way that they cannot under any circumstances:
(c) Transcend the framework of the legal exceptions limiting medical secrecy, which shall always be interpreted restrictively;
Art. 3. The provisions of this Act shall apply throughout the territory of the Republic. The implementing authority shall be the Ministry of Health and Social Welfare of the Nation through the Under-Secretariat of Health, which may assist any part of the country in ensuring implementation of the Act. Its execution in the individual jurisdictions shall be entrusted to the respective health authorities, for which purpose they may adopt any supplementary regulations they consider necessary for better implementation thereof and of its regulations.
Art. 4. For the purposes of this Act, the health authorities shall:
(a) Develop programmes designed to carry into effect the activities described in article 1, managing the resources for their funding and implementation;
(b) Promote the training of human resources and encourage the development of research activities, coordinating their action with other public and private national, provincial or municipal and international bodies;
(c) Use methods that ensure fulfilment of the requirements of maximum quality and safety;
(d) Comply with the information system established;
(e) Promote the negotiation of international agreements for the design and development of joint programmes to achieve the aims of this Act;
(f) The Executive shall take action to inform the general public about the characteristics of AIDS, the possible causes or means of transmission and contagion, advisable preventive measures and appropriate forms of therapy, with a view to preventing the unscrupulous dissemination of biased information."
95. As regards national legislation, article 264 of the Civil Code sets forth the duties of parents with respect to their under-age children.
(6) By the parent who has been declared by a court to be the father or mother of the child, if he has not been recognized voluntarily."
Art. 8 (Text of Decree-Law No. 5,285/57). Any juvenile who is voluntarily entrusted by his parents, tutors or guardians to a private or public welfare establishment shall remain under the permanent tutelage of the National Council for the Protection of Children for the purposes of national jurisdiction and of the duly appointed authority for those of provincial jurisdiction.
Art. 9 (Text of Decree-Law No. 5,286/57). Minors whose status has been determined in accordance with the previous articles shall remain under the supervision of the National Council for the Protection of Children or of the Office of the Government Procurator for Juveniles, as appropriate, which shall supervise the action of the respective tutors or guardians and shall inspect the private or public establishments concerned at least once a month, through their visitors, assistants, inspectors or active members. They shall monitor the children's relationships and bring to the attention of the judge anything they deem appropriate, in the best interests of the beneficiary.
Art. 10 (Text of Decree-Law No. 5,286/57). Complaints concerning the matters covered by the previous articles may be submitted under national jurisdiction to the National Council for the Protection of Children by any legally competent individual; the Council shall conduct a summary investigation which it shall submit to the duty juvenile court assessor for him to initiate proceedings, within which the National Council for the Protection of Children must be summoned to testify in the investigation.
Art. 11 (Text of Decree-Law No. 5,286/57). If the judge so decides, the decision may simply withdraw custody of the child, in which case he or she may be handed over to the National Council for the Protection of Children, where national jurisdiction is concerned, or to the appropriate authority in the case of provincial jurisdiction; alternatively, any other of the safeguards in force may be adopted.
Art. 13 (Text of Decree-Law No. 5,286/57). Withdrawal of authority or suspension of the exercise thereof shall not discharge parents from the obligations incumbent upon them under articles 265, 267 and 268 of the Civil Code, provided they are not destitute.
Art. 13 (amended text). Loss of parental authority, suspension of its exercise or withdrawal of custody of children by virtue of this Act shall not discharge parents from their obligations under articles 265, 267 and 268 of the Civil Code, provided they are not destitute. To this end, the judge shall set the amount of maintenance and the manner of its payment.
Art. 14 (Text of Decree-Law No. 5,286/57). Judges of the criminal and correctional courts of the capital of the Republic and in the provinces or territories of the nation, before whom a juvenile aged under 18 appears charged with or as the victim of an offence, shall take preventive measures on his or her behalf if he or she is in a state of material or moral neglect or in moral danger, by handing him or her over to the National Council for the Protection of Children or by taking any other measures provided for by law. To this end, the ordinary federal courts of the Federal Capital and of the national territories shall not enforce the provisions of the law regarding pre-trial detention, which shall only be ordered if the judge deems it necessary and shall be served in an establishment run by the National Council for the Protection of Children. The juveniles may also be left in the custody of their parents, tutors or guardians under the supervision of the National Council for the Protection of Children.
Art. 17 (Text of Decree-Law No. 5,286/57). Any juvenile in respect of whom the judges referred to in the previous three articles have ordered any measures shall remain under their supervision, with the assistance of the National Council for the Protection of Children.
Art. 20 (Text of Decree-Law No. 5,286/57). The ordinary national courts of criminal and correctional appeal in the capital and the national territories shall, if they deem it desirable, appoint one or more judges exclusively to hear within their respective jurisdictions cases in which juveniles aged under 18 are charged; they shall adopt their decisions with the assistance of the National Council for the Protection of Children."
101. In the criminal sphere, Act No. 22,278 stipulates as follows:
(a) Mandatory custody of the child by the judge, in order to ensure the child's proper upbringing, by providing comprehensive protection. To this end, the judge may order such measures as he deems desirable in respect of the child, which may be amended at any time for the child's benefit.
(b) The consequent restriction on the exercise of parental authority or custody, within the prescribed limits and in compliance with the instructions given by the judicial authority, without prejudice to compliance with the inherent obligations of the parents or guardian.
(c) Award of custody where appropriate.
The definitive ruling may be lifted at any time by a substantiated judicial decision and shall terminate automatically when the child reaches the age of majority.
Art. 4. The imposition of a sentence on a minor as defined by article 2 shall be subject to the following requirements:
(1) His criminal and, if appropriate, civil liability shall have been pr