Libro I Título II. Derechos humanos

Boys, girls and adolescents have the fundamental right to life. It is the obligation of the State to guarantee their survival, security and integral development.

Boys, girls and adolescents have the right to the protection, care and assistance necessary to achieve adequate physical, mental, social and spiritual development. These rights are recognized from conception.

The rights established in this Law shall be applicable to every boy, girl or adolescent without any discrimination, on grounds of race, color, sex, language, religion, national, ethnic or social origin, economic position, physical, mental or sensory disability, birth or any other nature or condition of theirs, of their parents, family members, guardians or responsible persons.

Girls, boys and adolescents who belong to ethnic groups and/or are of indigenous origin are recognized as having the right to live and develop under the forms of social organization corresponding to their traditions, provided they are not contrary to public order and the respect due to human dignity.

The State shall guarantee to girls, boys and adolescents, whatever their ancestry, to have their own cultural and educational life, to profess and practice their own spirituality, customs, to use their own language and to enjoy all the rights and guarantees inherent to them, in accordance with their worldview.

Every boy, girl and adolescent has the right to be protected against every form of neglect, abandonment or violence, as well as not to be subjected to torture, cruel, inhuman or degrading treatment.

Children and adolescents have the right to liberty conferred on them by the Political Constitution of the Republic, treaties, agreements, pacts and other international instruments accepted and ratified by Guatemala and domestic legislation.

The State shall guarantee the legal protection of the family. Boys, girls and adolescents shall enjoy and exercise their rights to the extent of their physical, mental, moral and spiritual development within the framework of the family law institutions recognized in the legislation.

The State shall respect the rights and duties of parents and, where applicable, of legal representatives, to guide, educate and correct the boy, girl or adolescent, employing prudent means of discipline that do not violate their dignity and personal integrity as individuals or members of a family, being criminally and civilly liable for excesses which, as a result of their actions and omissions, they may incur in the exercise of parental authority or guardianship.

Boys, girls and adolescents have the right to have their identity, including nationality and name, to know their parents and to be cared for by them, their own cultural expressions and their language. It is the obligation of the State to guarantee the identity of the boy, girl and adolescent, by sanctioning those responsible for the substitution, alteration or deprivation thereof.

Boys, girls and adolescents have the right not to be separated from their family, except in the special circumstances defined by law and with the exclusive purpose of restoring their rights.

The State shall provide adequate assistance and protection in all cases in which they are illegally deprived of any of the elements constituting their identity, in order to re-establish it.

The right to respect consists in the inviolability of the physical, psychological, moral and spiritual integrity of the boy, girl and adolescent.

It is the obligation of the State and of society as a whole to safeguard the dignity of boys, girls and adolescents, as individuals and members of a family, keeping them safe from any inhuman, violent, terrifying, humiliating or constrictive treatment.

Boys, girls and adolescents have the right to ask for help and to bring to the attention of any authority any violation or risk of violation of their rights, which shall be obligated to take the pertinent measures.

Every boy, girl and adolescent has the right to be raised and educated within his or her family and, exceptionally, in a substitute family, ensuring for him or her family and community coexistence, in an environment free from the presence of persons dependent on alcoholic and psychotropic substances that produce dependence.

The State shall foster by all means the stability and well-being of the family, as the basis of society; creating the conditions to ensure for the boy, girl and adolescent family and community coexistence in a healthy environment conducive to their integral development.

The State shall support programs aimed at locating the parents or relatives of any boy, girl and adolescent in order to obtain information that facilitates family reunification.

The lack or absence of material resources of the parents or of the family does not constitute sufficient grounds for the loss or suspension of parental authority.

If there is no other ground which by itself authorizes ordering the measure, boys, girls or adolescents shall be maintained in their family of origin.

The State shall provide appropriate assistance to parents, family members and legal representatives for the performance of their functions with regard to the upbringing and care of the child, promoting and facilitating for that purpose the creation of institutions, facilities and support services that promote family unity. medical care to the boy, girl and adolescent through

The State recognizes the institution of adoption of boys, girls and adolescents and must guarantee that in the exercise thereof their best interests are primarily served and in accordance with the treaties, conventions, covenants and other international instruments in this matter accepted and ratified by Guatemala.

Only the competent authorities shall determine, in accordance with the laws, applicable procedures and on the basis of all relevant and reliable information, that adoption is admissible. The law on the subject matter shall regulate matters relating to adoption.

The State shall ensure that boys, girls and adolescents who are to be adopted in another country enjoy at least the same rights and equivalent norms as those existing with respect to adoption in the country of origin and subject to the procedures established in the law governing the matter.

Boys, girls and adolescents have the right to an adequate standard of living and to health, through the implementation of public social policies that allow them a birth and a healthy and harmonious development, in dignified conditions of existence.

The State, institutions and employers shall provide adequate conditions for breastfeeding, including for the sons and daughters of mothers subjected to measures entailing deprivation of liberty.

Hospitals, establishments and health care personnel for pregnant women, public and private, are obligated to:

a)Identify the newborn by recording their plantar and digital impression and the mother's digital identification, without prejudice to other forms prescribed by the competent administrative authority; the Civil Registry of each municipality shall ensure compliance with this provision at the time of registration of the boy or girl.

b)Conduct examinations with a view to the diagnosis and treatment of abnormalities in the metabolism of the newborn, as well as provide guidance to the parents.

Medical care under the country's public health system is hereby ensured, guaranteeing universal and equal access to actions and services for the promotion, protection and recovery of health. Boys, girls and adolescents who suffer from a diagnosed deficiency shall receive specialized care.

Cases of suspected or confirmed maltreatment against boys, girls and adolescents detected by medical or paramedical personnel of social care centers, educational centers and others shall mandatorily be communicated to the competent authority of the respective locality, without prejudice to other legal measures.

The State, through the respective health authorities, shall execute and facilitate the development of medical and dental assistance programs for the prevention of diseases that commonly affect the child population and health education and human sexuality campaigns for parents, educators, and students.

It is the obligation of the health authorities to conduct vaccination campaigns for boys, girls and adolescents in order to prevent epidemic and endemic diseases.

Public or private medical care centers must require authorization from parents, guardians or custodians in order to hospitalize or administer the treatments required by boys, girls and adolescents, except in emergency cases in which the life or integrity of the latter is at risk. When, for reasons of a cultural or religious nature, the parents, guardians or custodians deny their consent for the hospitalization of their sons or daughters protected by this Law, the treating physician is empowered to adopt immediate actions in order to protect the life or physical integrity thereof.

The State, through the competent bodies, shall establish programs dedicated to the comprehensive care of boys and girls up to six years of age, as well as promote preventive health, seeking the active participation of the family and the community, without prejudice to the obligations that the State has to all boys, girls or adolescents.

Pre-primary, primary, basic and diversified education centers, daily care centers, both public and private, shall require the presentation of vaccination certificates. In case such record is not presented or any dose remains to be administered, each educational center shall refer the parent or person in charge to the nearest health authorities, leaving a record of this action.

for boys, girls and adolescents of the rural area legal mechanisms for parents, guardians or

All health care centers in the country, both public and private, are obligated to:

a)Enable the newborn to have contact with the mother at birth and joint accommodation with her.

b)Diagnose and provide medical follow-up to boys and girls born with pathological problems and with physical, sensory or mental disabilities, as well as guide their parents.

c)Create specialized programs for the care of boys, girls and adolescents who present pathological problems and physical, sensory and mental disabilities.

d)Monitor that the growth and development of the boy or girl is not below his or her chronological age and guide the parents, guardians or persons in charge to take the necessary measures, referring them where appropriate.

Boys, girls and adolescents have the right to receive an integral education in accordance with the ethical, religious and cultural options of their family. It shall be oriented to develop their personality, civic-mindedness and courtesy, to promote knowledge and exercise of human rights, the importance and need to live in a democratic society with peace and liberty in accordance with the law and justice, in order to prepare them for the full and responsible exercise of their rights and duties, ensuring for them:

a)Equality of conditions for access to and permanence in school.

b)Reciprocal respect and dignified treatment between educators and learners.

c)The formation of student and youth organizations with cultural, sports, religious purposes and others not prohibited by law.

Public education shall be free, secular and compulsory up to the last diversified grade.

The State, through the competent authorities, shall guarantee the right to multicultural and multilingual education, especially in areas with a predominantly Maya, Garífuna and Xinka population.

The State shall develop the necessary mechanisms so they have access to education, through programs appropriate to their geographic, ethnic and cultural reality.

All boys and girls under six years of age have the right to enjoy the service of daily care centers, which shall be provided by employers, whether they are in the public or private sector, as established by the Political Constitution of the Republic.

The education of boys, girls and adolescents is the obligation of parents, guardians or representatives. They shall enroll them in education centers of their choice, ensure that they attend classes regularly and actively participate in their educational process.

Education in Guatemala shall ensure, in addition to fostering the values embodied in other norms, the following:

a)The promotion and dissemination of the rights of boys, girls and adolescents.

b)Respect for oneself, for one's parents and for other persons and institutions.

c)The fostering and preservation of cultural, artistic, ethnic, linguistic, gender and learning values, customs and traditions inherent to the social context, eliminating all forms of discrimination and exclusion on grounds of gender, ethnicity, religion or economic condition.

d)Preparation for a responsible life in a free society, with a spirit of peace, tolerance and friendship among peoples.

e)The development of autonomous, critical and creative thinking.

f)Respect, conservation and care for the environment.

The State shall stimulate research and shall take into account new proposals relating to pedagogy, didactics, evaluation, curricula and methodologies that correspond to the needs of boys, girls and adolescents.

The State, through the competent educational authorities, shall adopt the pertinent measures to endeavor to ensure that discipline in educational centers, both public and private, is fostered respecting the integrity and dignity of boys, girls and adolescents, likewise guaranteeing them the opportunity to be heard prior to suffering a sanction.

Private establishments shall not exert psychic, physical, pedagogical or moral pressure on boys, girls and adolescents on any grounds; and in case of non-payment, the [...] shall be used and adolescents have the right to protection against [...] guardians comply with the obligations undertaken with the educational establishment.

The authorities of public or private educational establishments shall communicate to the competent authority cases of:

a)Physical, mental or sexual abuse involving their students.

b)Repeated unjustified absences and school truancy, when school administrative means have been exhausted.

The State, through the competent authorities, shall respect and promote the right of boys, girls and adolescents to rest, leisure, play and to recreational and sports activities appropriate to their age, to participate freely and fully in the cultural and artistic life of their community, creating the conditions conducive to the enjoyment of this right under conditions of equality of opportunity.

Boys, girls and adolescents with physical, sensory and mental disabilities have the right to enjoy a full and dignified life.

The State shall ensure the right of boys, girls and adolescents with disabilities to receive free special care. Said right includes access to early stimulation programs, education, health services, rehabilitation, recreation, as well as preparation for work, for which it shall promote, if it does not have such services, their creation. If necessary and within its possibilities, it shall refer them to private centers, in accordance with the established administrative procedure.

The State recognizes the right of the boy, girl and adolescent with a disability to access to information and communication, to the facilitation of architectural accesses for their integration and social participation.

The State shall promote, provide and disseminate programs for the prevention, detection and referrals of disabilities, with the different institutional centers for their diagnosis and timely treatment, both at the institutional and community levels.

Boys and girls shall be protected against kidnapping, trafficking, sale and trafficking for any purpose or in any form. The State shall develop appropriate activities and strategies of a national, bilateral and multilateral character to prevent these actions.

Children and adolescents have the right to be protected against economic exploitation, the performance of any work that may be dangerous to their physical and mental health or that impedes their access to education.

Children and adolescents have the right to be protected by the State, the family and society so that they have access to education, sports, culture and recreation appropriate to their age, for the benefit of their physical and mental health.

Boys, girls and adolescents have the right to be protected against the consumption, use and abuse of substances that produce dependence, for which purpose the State shall create and support the appropriate conditions for the corresponding programs.

Every boy, girl or adolescent has the right not to be subjected to any form of negligence, discrimination, marginalization, exploitation, violence, cruelty and oppression, punishable by law, whether by action or omission affecting their fundamental rights.

Likewise, they have the right to be protected against all forms of maltreatment. The State shall encourage the creation of necessary preventive or psycho-social institutions and programs, to provide support and guidance to the family and the community. It shall provide the necessary assistance, treatment and rehabilitation to the victims, to those who care for them and to the perpetrator.

The State shall adopt appropriate legislative, administrative, social and educational measures to protect boys, girls and adolescents against all forms of:

a)Physical abuse: which occurs when a person who is in a power relationship with a boy, girl or adolescent inflicts non-accidental harm on him/her, causing internal, external or both injuries. The power relationship exists when there is a difference in strength, age, knowledge or authority between the victim and the offender.

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b)Sexual abuse: which occurs when a person in a relationship of power or trust involves a boy, girl or adolescent in an activity of sexual content that fosters his or her victimization and from which the offender obtains satisfaction, including within the same any form of sexual harassment.

c)Neglect or negligent treatment: which occurs when the person or persons who have charge of the care and upbringing of a boy, girl or adolescent does not satisfy his or her basic needs for food, clothing, education and medical care, having the possibility to do so.

d)Emotional abuse: which occurs when a person harms the self-esteem or potential development of a boy, girl or adolescent.

Any person who has knowledge of an act of those described above shall immediately report it to the nearest competent authority, which in turn shall carry out the pertinent proceedings to the effect that those found liable therefor are drastically sanctioned.

The personnel of public and private institutions, educational centers, health services and others providing care to boys, girls and adolescents have the obligation to report cases of abuse detected or handled in their institutions.

Children and adolescents have the right to be protected against all forms of sexual exploitation or abuse, including:

a)Incitement or coercion to engage in any sexual activity.

b)Their use in prostitution, performances or pornographic material.

c)Sexual promiscuity.

d)Sexual harassment by teachers, tutors and persons responsible for them.

In case of armed conflict, boys, girls and adolescents have the right not to be recruited and to have the State respect and ensure compliance with the norms of international humanitarian law applicable to them. The State shall adopt all possible measures to ensure that persons who have not yet reached eighteen years of age do not participate directly in hostilities, nor are recruited for military service at any time.

Boys, girls and adolescents who request or hold refugee, returnee or uprooted status in accordance with the applicable national or international procedures have the right to receive, whether alone or accompanied by their parents, any relative or any person, adequate humanitarian protection and assistance for the enjoyment of the rights enshrined in the Political Constitution of the Republic, domestic legislation and the conventions, treaties, covenants and other international instruments on human rights accepted and ratified by Guatemala. This shall be effective for the time, in the form and under the procedures established by the national and international laws relating to the matter.

Children and adolescents have the right to be protected from any printed, visual, electronic or audio information and material that may be harmful or detrimental to their adequate physical, mental and social development.

The importance of the function performed by the State social communication media is recognized, as instruments for the promotion and development of the social, spiritual and moral well-being and of the physical and mental health of all boys, girls and adolescents. To that end they shall:

a)Facilitate access to information.

b)Rate, classify and supervise all information, shows, programs or material brought to their knowledge.

c)Promote direct participation in the programs or editions of boys, girls or adolescents.

d)Report on the classification and content of the programs, before and during the same.

e)Those with presence in places of Maya, Garifuna or Xinka predominance shall disseminate, transmit, publish and edit material and programs in those languages.

f)Support the jurisdictional bodies and the relatives of missing boys, girls and adolescents.

g)Promote the dissemination of the human rights of childhood and adolescence, in general.

The following are obligations of the State, through the competent organs:

a)To classify and supervise public performances, radio, television and cable programs, videos, printed materials and any other form of communication that is harmful to the well-being of boys, girls and adolescents.

b)To regulate access to public performances and any other medium that has content solely for adults.

c)To ensure that the communications media that have or establish children's, youth, family or adult-exclusive slots make them known in advance, so that parents, guardians, relatives or any person who has a boy, girl or adolescent in their care may know the content of the programming and in that manner limit, under their responsibility, access to programs not suitable for their age.