He Childhood and Adolescence Cabinet (Win) and the National Council for Children and Adolescents (Conani) They sent their Chamber of Deputies their OBSERVATIONS ON THE ORGANIC LAW PROJECT that reforms to Criminal Code of the Dominican Republic, emphasizing the non -legitimation of physical punishments against childrengirls and adolescents.
This proposal aims to eliminate any normative ambiguity that allows justifying the physical violence Under the protection of discipline, and guarantee that the Criminal Code is harmonized fully with the Constitutional standards and human rights applicable to childhood and adolescence.
In a communication signed by the honorary president of the WinRaquel Arbage, and the executive president of the ConaniLigia Pérez, both institutions indicate that the legislative proposal maintains contradictory elements to the national and international legal system, including the Constitution, Law 136-03, which creates the code for the protection system and the fundamental rights of ChildrenGirls and adolescents, Law 24-97 on Violence Intrafamily and the Children’s Rights Convention.
“This is the case of article 124, dedicated to the violence domestic or domestic childrengirls and adolescents, the principles of proportionality and minimum intervention will be taken into account, established in this Criminal Codeand that of the best interests of the child and adolescent consecrated in the Constitution of the Republic, “he cites the text.
According to Win and Conanithe Paragraph writing try to frame this form of correction within recognized legal principles, but what would imply giving green light to fathers, mothers, tutors and caregivers for physically mistreat childrengirls and adolescents, which is incompatible with current regulations and the comprehensive protection approach.
In addition, it collides with another article of the Code, 120, which raises the Cruel, inhuman or degrading treatmentas actions against the dignity or physical or moral integrity of a person, generating vexation.
“It is the responsibility of the family, the State and society to protect them, against any form of exploitation, abuse, torture, abuse or negligence They affect your personal integrity, “they remember.
Legitimize the use of physical force in the Criminal Code It would also be contrary to the provisions of article 19 of the Children’s Rights Conventionan instrument that the Dominican Republic is signatory.
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The proposal for reform to the Criminal Code was approved by the Senate and is currently under analysis in the Chamber of Deputies.
Proposed alternative
As a solution, the entities propose that paragraph IV of article 124 be eliminated and, as an alternative, replaced and rewritten as follows: “It will be considered violence intrafamily all forms corporal punishment exercised by fathers, mothers and/or tutors, which implies use of physical strength and physical or psychological damage, to the detriment of the best interests of childrengirls and adolescents; and as such will be sanctioned. “
Expressed in this way, any normative ambiguity would be eliminated to justify the physical violence Under the protection of discipline, and guarantee that the Criminal Code is harmonized fully with the Constitutional standards and human rights applicable to childhood and adolescence.
Other improvements
In addition, Win and Conani They raise others 18 improvements to contribute to the protection and restitution of the fundamental rights of children and adolescents.
These include the request for Article 193 review on commercial sexual exploitation, requesting the elimination of the term “repeated”, because it refers to this form of violence occurs on more than one occasion to be penalized, and the incorporation of an aggravating trade when the commercial sexual exploitation of childrengirls and adolescents affect more than one victim.
However, they positively valued some advances of the text approved by the Senate, such as the obligation of the National Police and the Public Ministry to inform the retention or detention of minors within a period of two hours (article 173); the typification of the vexars and acts of violence that the childrengirls and adolescents by those who have entrusted their guard and surveillance (article 174).
Likewise, the typification and sanction of the labor exploitation of minors, adding the exploitation contexts in artistic or sports activities, provided for in article 196; the typification and sanction of the malicious modification of affiliation (article 230); The provision of homicide aggravating (article 96) and the forced disappearance, when the victim is a child or adolescent (article 88).
