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Summary: General overview of Guatemala's national legal provisions on children's rights, including guidance on how to conduct further research.
Español Status of CRC in national law Constitution: The Constitution of Guatemala includes a number of provisions that directly address the rights of children: Article 20, stating that minors who contravene the law may not be charged with an offence, and that their treatment must be age-appropriate and educational in nature. Article 51, guaranteeing State protection of the physical, mental and moral health of children and providing for children's right to food, health, education, social security and insurance. Article 71, establishing a right to education to be enjoyed without discrimination. Legislation: Guatemala adopted an Act on the Comprehensive Protection of Children and Adolescents (Protección Integral de la Niñez y Adolescencia: PINA) in 2003 with the aim of resolving discrepancies between the Children's Code and the CRC. Certain provisions of the Penal Code, Civil Code, and Code of Civil and Commerical Procedure cover aspects of children's rights; other legislation relevant to children's rights includes, but is by no means limited to: The National Education Act Regulation on Labour Protection for Working Children and Adolescents The Adoption Law (2007) The Law Against Sexual Violence, Exploitation and Trafficking in Persons (2009) The Early Warning System Law (2010) The Law on Universal and Equitable Access to Family Planning Methods and its inclusion in the National Reproductive Health Programme (2005) Legal Research Case law Case Law Research Compliance with the CRC In depth analysis: Current legal reform projects
National laws on children's rights
Article 46 of the Guatemalan Constitution establishes “the general principle that, in human rights matters, the treaties and conventions accepted and ratified by Guatemala shall prevail over domestic law”.
The Guatemalan Congress (Congreso de la República) maintains an official website in Spanish (http://www.guatemala.gob.gt/) with a section for current and proposed legislation (www.congreso.gob.gt/gt/leyes.asp). Guatemalan legislation can also be accessed in Spanish through non-government websites including Latin Laws (http://www.latinlaws.com/guatemala_en.html) and the World Law Guide (http://www.lexadin.nl/wlg/legis/nofr/oeur/lxwegua.htm). The GlobaLex initiative at New York University has published a useful guide on legal research in Guatemala (http://www.nyulawglobal.org/Globalex/Guatemala.htm), and the U.S. Library of Congress (http://www.loc.gov/law/help/guide/nations/guatemala.php) and World Legal Information Institute (http://www.worldlii.org/gt/) have assembled selections of relevant links. http://www.austlii.edu.au/catalog/2292.html. The Constitution of the Republic of Guatemala is available in Spanish at http://pdba.georgetown.edu/constitutions/guate/guate93.html.
CRC Jurisprudence
Please contact CRIN if you are aware of any cases in national courts that reference the Convention on the Rights of the Child.
The Guatemalan judicial system maintains an official website in Spanish (http://www.oj.gob.gt/), which includes a comprehensive legal database (http://www.oj.gob.gt/index.php/leyes).
The Committee noted Guatemala's efforts to bring its legislation in line with the Convention, including the introduction of a law to combat sexual violence and human trafficking. However, the Committee also “regretted the insufficient application of the laws that are in place” and the notable “absence of criminal investigations” in the justice system.
Guatemala has taken steps to harmonise its legislation with the CRC across several different aspects of children's rights, including the adoption of a National Plan of Action for Children 2004 - 2015 and accompanying efforts to promote human rights within governmental agencies and non-governmental organizations. Nonetheless, not all the issues contained in the Committee's previous observations and recommendations have been sufficiently addressed. The practical effects of the modifications to the legislation have been insufficient, mainly for financial (as in the case of the Office of the Ombudsman) and structural issues (for example, the lack of coordination between the different institutions and legal bodies and with NGOs).
Please contact CRIN if you are aware of any current legal reform projects.