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Summary: General overview of Uruguay's national legal provisions on children's rights, including guidance on how to conduct further research.
National laws on children's rights Status of the CRC in national law Under article 239 of the Constitution of Uruguay, the Supreme Court is granted jurisdiction in matters relating to treaties, agreements and conventions with other States, including the Convention on the Rights of the Child. There is no express provision that establishes whether treaties or domestic legislation take precedence, but the case law indicates that human rights treaties take precedence over national legislation. The Convention can and has been cited by national courts. Constitution: Section II of the Constitution of Uruguay includes a number of rights provisions that apply regardless of age and a small number of provisions that specifically address the rights of children can be found throughout the Constitution: Article 40: provides that the family is the basis of Uruguayan society, and requires the State to safeguard moral and material stability so that children may be properly reared within society. Article 41: provides that parents have a duty to the care and educate children, so that they can attain their fullest physical, intellectual and social capacity. The Article also provides that large families are entitled to support and compensatory aid if required. The Law must also provide necessary measures for the protection of infancy and youth against physical, intellectual or moral neglect as well as against exploitation and abuse. Article 42: provides that parents have the same duties towards children born inside and outside of wedlock. The Article also entitles mothers to the protection of society and to its assistance in the case of destitution. Article 68: guarantees freedom of education, and requires the law to regulate sate intervention for the sole purpose of maintaining hygiene, morality, safety and public order. Every parent or guardian has the right to select the teachers or institutions he or she desires for the education of his or her children or wards. Article 70: provides that primary education, intermediate, agrarian or industrial education is compulsory and requires the State to enact legislation to enforce this provision. Article 74: provides that all men and women born within the territory of Uruguay are natural citizens, and that a child of a Uruguayan mother or father is also a natural citizen regardless of where he or she was born, provided that he or she takes up residence in the country and registers through the Civil Register. Legislation: the Children and Adolescents Code contains much of the legislation relevant to children, though provisions relevant to children can be found in a number of Codes and Acts. Legislation of particular relevance to children includes, but is by no means limited to: The Children and Adolescents Code The Criminal Code The Code of Criminal Procedure The Civil Code Act No. 17.815 of 18 August 2004 concerning sexual violence Act No. 10674 of 20 November 1945 on adoption Act No. 18.976 of December 2006 on refugees Act No. 17803 of 26 August 2004 on the promotion of breastfeeding Act No. 16697 of 24 April 1995 on family allowances Decree-Law No. 15084 of 28 November 1980 on the family allowance scheme Legal Research The Constitution of Uruguay is available in Spanish through the website of the national parliament (http://www.parlamento.gub.uy/constituciones/const004.htm) as is information on legislation (http://www.parlamento.gub.uy/palacio3/index1280.asp?e=1&w=1280). El Derecho Digital provides limited free access to laws and court decisions, but full access is only available upon subscription (http://www.elderechodigital.com.uy/Website/default.aspx). The World Law Guide (http://www.lexadin.nl/wlg/legis/nofr/oeur/lxweuru.htm) and the International Labour Organisation website, NATLEX (http://www.ilo.org/dyn/natlex/natlex_browse.country?p_lang=en&p_country=URY) also provide access to a selection of legislation, primarily in Spanish. In addition, the GlobaLex initiative at New York University has published a guide to legal research in Uruguay (http://www.nyulawglobal.org/Globalex/Uruguay1.htm) and the World Legal Information Institute (http://www.worldlii.org/uy/) and the U.S. Law Library of Congress (http://www.loc.gov/law/help/guide/nations/uruguay.php) both provide access to a selection of legal and governmental resources. Case Law CRC Jurisprudence The Convention on the Rights of the Child has been cited in a number of cases before Uruguayan courts, including Case No. 131/2009 (http://www.crin.org/Law/instrument.asp?InstID=1636) in which the Family Appeals Court considered the Convention on the Rights of the Child in finding that the State was in breach of its obligation to diagnose and treat childhood ADHD. See below for further case law resources. Case Law Research The Poder Judicial website maintains a searchable database of national court decisions in Spanish (http://bjn.poderjudicial.gub.uy/BJNPUBLICA/busquedaSimple.seam). Compliance with the CRC In its Concluding Observations of 2007, the Committee on the Rights of the Child welcomed the adoption of the Code on Childhood and Adolescence, but noted that “the practical application of the Code remains a significant challenge”, that several legislative reform proposals were pending and that there was a need to further harmonise the different “branches” of legislation. In depth analysis The Committee also highlighted several more specific areas of Uruguayan law in need of reform to bring it into conformity with the Convention. With regards to the juvenile justice system, the Committee was broadly critical, highlighting the lack of a specialised juvenile justice system, the poor conditions in places of detention, the use of extended periods of pre-trial detention, the lack of alternative socio-educational measures and the use of detention as other than a measure of last resort. The Committee encouraged the State to address these concerns through a combination of legal, policy and training measures. The Committee also expressed concern at reports that children have been subject to torture and degrading treatment at the hands of law enforcement officials while in detention, and urged the State to investigate and implement sanctions for those found to have committed these crimes. With regards to adoption, the Committee welcomed the State's ratification of the Hague Convention on the Protection of Children and Cooperation in Respect of Intercountry Adoption, but noted that national legislation regulating the implementation of the Convention had not been enacted. Specifically, the Committee urged the State to discontinue the practice of “simple adoption” and ensure that all legislative and administrative measures on adoption comply with the CRC. While noting the passage of the Sexual Exploitation Act, the Committee expressed concern that sexual exploitation was a growing problem in tourist areas and urged the State to bring its law into harmony with the Convention and ensure that criminal laws on sexual exploitation are properly enforced. Current legal reform projects Please contact CRIN if you are aware of any current legal reform projects.