Libro I Título I. Consideraciones básicas

The present Law is a legal instrument of family integration and social promotion, which seeks to achieve the integral and sustainable development of Guatemalan children and adolescents, within a democratic framework and unrestricted respect for human rights.

For the purposes of this Law, a boy or girl is any person from conception until reaching thirteen years of age, and an adolescent is any such person from thirteen until reaching eighteen years of age.

The State shall respect the rights and duties of the parents or, as the case may be, of the persons in charge of the boy, girl or adolescent, to impart, in consonance with the evolution of their faculties, appropriate direction and guidance so that the boy, girl and adolescent may exercise the rights recognized in the Political Constitution of the Republic, this Law and other domestic laws, treaties, conventions, pacts and other international instruments on human rights accepted and ratified by Guatemala, with no restrictions other than those established by law, whose interpretation shall not be extensive.

historical and cultural, insofar as they are not

It is the duty of the State to promote and adopt the necessary measures to protect the family, legally and socially, as well as to guarantee to parents and guardians compliance with their obligations regarding the life, liberty, security, peace, personal integrity, health, food, education, culture, sports, recreation and family and community coexistence of all boys, girls and adolescents.

Likewise, it is the duty of the State that the application of this Law be entrusted to specialized bodies, whose personnel shall have the professional and moral training required by the integral development of childhood and adolescence, according to the function performed and in accordance with the general provisions of this Law.

The best interests of the child is a guarantee that shall be applied in every decision adopted in relation to children and adolescents, which shall ensure the exercise and enjoyment of their rights, respecting their family ties, ethnic, religious, cultural and linguistic origin, always taking into account their opinion according to their age and maturity. In no case may its application diminish, distort or restrict the rights and guarantees recognized in the Political Constitution of the Republic, treaties and agreements on human rights accepted and ratified by Guatemala and in this Law.

Family interest shall be understood as all those actions aimed at promoting the unity and integrity thereof and respect for relations between parents and children, carried out within the legal order.

The State shall promote and adopt the necessary measures for the effective fulfillment of the interest of boys, girls and adolescents and of the family.

The law of childhood and adolescence is a tutelary law for boys, girls and adolescents, granting them preferential legal protection. The provisions of this Law are of public order and are of a non-waivable nature.

The State shall ensure that boys, girls and adolescents receive, among others:

a)Special protection and relief in case of disasters.

b)Specialized care in public services or services of a public nature.

c)Formulation and implementation of specific public policies.

d)Specific allocation of public resources in the areas related to the protection of childhood and adolescence.

If as a result of a judicial or administrative procedure of those contemplated in this Law, it is determined that the facts reported by an adult against another adult in relation to the violation of the rights of a boy, girl or adolescent are unfounded and that, if true, they would constitute a crime giving rise to criminal prosecution on its own initiative, the competent authority shall certify the pertinent matters to the Public Prosecutor's Office for the crime of false accusation or complaint.

The rights and guarantees granted by this Law do not exclude others which, although not expressly set forth therein, are inherent to boys, girls and adolescents.

The interpretation and application of the provisions of this Law shall be made in harmony with its guiding principles, with the general principles of law, with international doctrine and norms in this field, in the manner that best guarantees the rights established in the Political Constitution of the Republic, the treaties, agreements, pacts and other international instruments on human rights accepted and ratified by Guatemala.