The death of Lucio Abel Dupuythe boy from La Pampa beaten to death by his mother and her partner, motivated the deputy for the PRO of La Pampa, Martin Maquieyra to promote a bill, which is already known as the “Lucio Law”; to promote the prevention and early detection of violence against children and adolescents. The project already has half approval in Deputies and now it must be discussed in the Senate.
The law promotes three tools to protect children from possible abuse and possible acts of violence against children: Identity confidentiality and protection for teachers, doctors and agents what are they forced to denounce said acts of violence; national communication campaigns for the early warning awareness that detect situations of abuse or violence; Y training of state agents for the prevention of violence against children.
In statements to the media, Maquieyra explained that to prepare the project, not only Lucio’s case was investigated, but also that of other children, that of abigail tortello in Santa Cruz, the one of Tahiel in Gualeguaychuor the one of solomon in Neuquen. “We investigated to see what had gone wrong or what we could work on to prevent abuse, harassment, and mistreatment of the children. Thus, on December 20, 2021, we presented the Lucio Bill with different tools to try to prevent the violence of harassment and abuse, ”explained the deputy.
The project was developed, in the first instance, in the PRO block, but they ended up presenting the project together with other members of Together for Changeas the civic coalition and the Radical Civic Union. But members of the front of allWhat paola vassvesian. Work was done within the Commission for Children, Family and Youth of Deputies, in together with the Secretariat for Children and the Ombudsman for Children to express his point of view.
In November 2021, 5-year-old Lucio Dupuy was killed by his mother, Magdalena Espositoand of the couple of the same, Abigail Paez. According to the autopsy, the child had several injuries, including bites, cigarette burns, and several blows, including one to the liver, which was one of the causes of death by triggering internal bleeding. In addition, he had signs of having been sexually abused. Both Espósito and Páez could receive life imprisonment, under the charge of triple qualified homicide for the bond, for cruelty and treachery in a real competition with seriously outrageous sexual abuse.
HERE THE TEXT OF THE “LUCIO LAW”
Lucio Law: prevention and early detection of violence against children and adolescents.
ARTICLE 1.- OBJECT. The purpose of this law is the prevention and early detection of situations of violation of the rights of children and adolescents, through the training of public officials, the coordinated action of the intervening agencies and the dissemination of indicators of violence. and effective means of denouncing for protection.
ARTICLE 2.- MANDATORY TRAINING. Mandatory training on children’s rights and violence against girls, boys and adolescents is established for all persons who perform public service at all levels and hierarchies in the Executive, Legislative and Judicial branches of the Nation. People who refuse without just cause to carry out the training provided for in this law will be duly notified by the body in which they perform functions. Failure to comply with said notice will be considered a serious offense, giving rise to the relevant disciplinary sanction.
ARTICLE 3.- MINIMUM CONTENTS. The people referred to in article 2 must carry out the training in the manner and form established by the respective organizations in which they perform their functions. The aforementioned bodies of the Executive, Legislative and Judicial powers must, however, comply with the following minimum contents, being able to incorporate complementary topics and actions that strengthen the training space: 1. Specific and non-specific alarm guidelines for the different forms of violence , physical abuse, negligence, neglect or abandonment, sexual abuse, abuse of power, psychological abuse, and any element that makes it possible to account for the violation of the rights of children and adolescents. 2. The Comprehensive Protection System for the Rights of Girls, Boys and Adolescents, its members and implications. The principle of co-responsibility, duty to communicate and the right to identity protection of the whistleblower. 3. Forms, protocols, procedures and channels to require joint intervention of specialized public institutions. 4. Rights of children and adolescents. International, national and local regulations for the protection of the rights of children and adolescents.
ARTICLE 4.- AWARENESS CAMPAIGNS. The National Executive Branch must carry out biannual awareness campaigns on violence and violation of the rights of children and adolescents, in national and provincial media and in national public entities. The campaigns must follow the guidelines provided for the training established in article 3 of this standard. In particular, they must contain clear and precise information on how to report situations of violation of the rights of children and adolescents in each jurisdiction. In addition, they must provide information that allows for the recognition of indicators on possible acts of violence against children and adolescents.
ARTICLE 5.- JOINT ACTION PROTOCOL. The National Executive Power, in coordination with the National Judicial Power, will carry out an action protocol for the security forces, educational and health institutions, and other administrative agencies for children and judicial authorities with jurisdiction over the family. The objective of the protocol is to establish a list of risk indicators for different types of child abuse, unify the criteria for action at the national level, carry out guidelines for action in coordination with provincial and state action entities that guarantee the traceability of complaints, and establish accessible and appropriate mechanisms to guarantee equal access for children and adolescents to the justice service. The provinces must adapt the national protocol to the institutional framework of their jurisdiction in order to guarantee uniform recognition at the national level of the rights of all children and adolescents.
ARTICLE 6.- FREE PROTECTION PHONE LINE. The implementation of Line 102 is made mandatory in each of the jurisdictions of the Argentine Republic in order to favor the promotion and protection of the rights of children and adolescents. The National Executive Power, through the enforcement body of National Law No. 26,061, must ensure its operation in each jurisdiction and the traceability of the complaints made. The National Executive Power must immediately create a complaint mechanism through new technologies in accordance with the provisions of National Law No. 26,061 that provides for emergency situations.
ARTICLE 7.- DUTY TO COMMUNICATE. Modify article 30 of National Law No. 26,061, which will read as follows: ARTICLE 30. — DUTY TO COMMUNICATE. The members of educational and health establishments, public or private, and any agent or public official who is aware of the violation of the rights of girls, boys, or adolescents, must report said circumstance to the administrative authority for the protection of rights in the field local or competent judicial authority, under penalty of incurring responsibility and serious misconduct for said omission. The identity of the complainant will be kept confidential, in order to preserve their physical, mental, economic, labor, social integrity and that of their family group. The confidentiality of identity will be maintained in case of legal process. A statement will only be received from those who enjoy confidentiality of identity if it is essential to advance in the legal process. In cases in which a statement from the complainant is received, extreme care will be taken to safeguard its integrity.
ARTICLE 8.- COMPLAINT BEFORE THE COMPETENT AUTHORITY. Modify article 31 of National Law 26061, which will read as follows: ARTICLE 31. — DUTY OF THE OFFICIAL TO RECEIVE COMPLAINTS. Any person who has knowledge of acts or indications of violence that affect the rights of children and adolescents, even when these do not constitute crimes, may report them before an administrative or judicial authority. The public agent or judicial authority that is required, is obliged to receive and process such complaint free of charge, in order to guarantee respect, prevention and repair of the damage suffered, under penalty of considering it in the figure of serious non-compliance of the Duties of Public Official. The complaint will not have formal requirements, and may be made without legal sponsorship, exempt from all expenses or sealed.
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