Strengthen the protection of minors



2018/08/25

The executive power strengthened the integral protection of children and adolescents, to ensure the full exercise of their rights, to give priority to their right to appoint, the reservation of their identity and that of their families in case of violence, as well as the payment of alimony determined in his favor.

To this end, the Dutch Civil Code, the Code for Children and Adolescents, amended the law establishing the register of delinquent food debts and the provisions concerning the protection of minors without parental care or threatened to lose them, via legislative decree N 1377 °.

guidelines

It is therefore certain that the son or daughter born during the marriage or within 300 days after the dissolution will have the husband as the father, unless the mother explicitly states otherwise.

Therefore, the child born or born within the marriage will be presumed to be a married son or daughter, unless the mother explicitly states that it is not the spouse's.

In this connection, the son or daughter of a married woman may be recognized by her parent when the mother has explicitly stated that she is not her husband.

The family law expert Enrique Varsi Rospigliosi stated that in the jurisprudence of the judiciary this possibility of recognition of the illegitimate son of a married woman was already allowed.

The amendment law also stipulates that parents who are minors but older than 14 years, can make extrajudicial reconciliation in favor of their sons and daughters, handle the issue of their identity card and dispute the paternity in court.

For Varsi, this measure is interesting, because it broadens the assumptions in which these parents acquire the capacity to act, taking into account the protection of the interests of the child.

In addition, the media may not publish the identity or image of the parents or caretakers of those children or adolescents who are authors, participants or witnesses of a violation, mistake or crime or who are the victim of it.

Nor may they publish the identity or image of these minors, details Legislative Decree No. 1377.

The rule adds that the media have the obligation to guarantee the reservation of personal data and all information that identifies them.

Institutional action

It is the responsibility of the specialized family or mixed prosecutors to inform the competent authority of the risks & # 39; s or the vulnerability of the family within a period of up to 24 hours.

Although the Ombudsman for Children and Adolescents will contribute to the exercise of the rights of minors for their full protection, it acts in their favor in accordance with the principles set out in the Code of Children and Adolescents and other applicable regulations. In this context, when the Ombudsman's Office is in charge of a local authority, this will be called the Office of the Municipal Ombudsman for Children and Adolescents (Demuna), in which case the corresponding local authority will guarantee the conditions necessary for the fulfillment of her duties.

food

The refusal to register an authorization for the payroll reduction of the remuneration of the managers or employees of the public sector, for the payment of the maintenance that is pending, will result in the decision of the employment contract, details Legislative Decree No 1377.

However, it states that the deduction of the compensation or discount for the payroll of the allowances will be in force when checking whether the name of the public official is mentioned in the register of depositors Delinquent (Redam), after the respective court conviction.


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