I can see this is a reference number for a Honduran legal document (PCM-41-2023), but it's not a law title in Spanish that needs translation. This appears to be a document code or citation number. If you have the actual Spanish title of the law you'd like translated, please provide that and I'll be happy to translate it into English.
Congreso Nacional
- Decree: PCM-41-2023
- Published: October 13, 2023
- Issuing body: Congreso Nacional
- Gazette: 36,357
- Category: Constitutional
Summary
This decree creates the Secretariat of State for Childhood, Adolescence and Family (SENAF) as of January 1, 2024, replacing the former Directorate of Childhood, Adolescence and Family (DINAF). The new secretariat will be responsible for protecting the rights of children and adolescents in Honduras, coordinating special protection programs, overseeing alternative care institutions, and ensuring compliance with international child rights laws.
Considerations
Whereas the Constitution of the Republic establishes that the President has charge of the General Administration of the State and its representation; having among her attributions the duty to direct the general policy of the State and represent it, issue Agreements, Decrees and issue regulations and resolutions in accordance with the Law, administer Public Finance, and others that are conferred upon her by the Constitution and the laws (article 245, numerals 2, 11, 19 and 45).
Whereas in accordance with what is established in the Constitution of the Republic, the family and childhood are under the protection of the State, which has the obligation to protect them. Likewise, it is established that children shall enjoy the protection provided for in international agreements that safeguard their rights and that laws for the protection of children are of public order (articles 111 and 119).
Whereas according to the General Law of Public Administration, the President of the Republic has charge of the supreme direction and coordination of the Centralized and Decentralized Public Administration, and in the exercise of her functions may act by herself or in Council of Ministers (article 11).
Whereas the General Law of Public Administration establishes that the President of the Republic, by Decree in Council of State Secretaries, is empowered to issue within the Centralized Administration, the norms required to, among others, determine the competence of the Offices by the State Secretariats, suppress internal dependencies when necessary or convenient for the Public Administration and reorganize those dependencies that the efficiency of the Public Administration demands. These provisions may be issued by the President of the Republic in Council of State Secretaries, even when the dependency or function has been created or granted by means of a legal provision (article 14 in its numerals 3 and 4).
Whereas according to what is established in the General Law of Public Administration, it is an attribution of the Council of State Secretaries to create, modify, merge, separate or suppress dependencies of the Public Administration (article 22, numeral 3).
Whereas the State makes its own the rights enshrined in favor of children, with the ratification of the Convention on the Rights of the Child, by Decree No. 75-90 of the National Congress, on July 24, 1990 and published in the Official Gazette "La Gaceta" No. 26,259 on August 10, 1990, as a basic instrument that brings together the essential principles to guarantee children access to their general welfare and best interest; as well as its Optional Protocols, the one relating to the Sale of Children, Child Prostitution and the Use of Children in Pornography ratified on May 8, 2022 and the one relating to the Participation of Children in Armed Conflicts ratified on August 14, 2002.
Whereas the State of Honduras has adopted and ratified numerous international instruments that promote comprehensive protection of children and recognition of their condition as human beings with specific rights and guarantees, such as the Universal Declaration of Human Rights, the American Convention on Human Rights, the International Covenant on Civil and Political Rights and the International Covenant on Economic, Social and Cultural Rights, among others.
Whereas the Committee on the Rights of the Child recommends to State parties to the Convention on the Rights of the Child, the promulgation of laws, the establishment of coordination and monitoring bodies, the formulation and implementation of policies, programs and services aimed at guaranteeing the effectiveness of the rights of children and adolescents.
Whereas by Executive Decree number PCM 27-2014 published in the Official Gazette "La Gaceta" on June 6, 2014 in its edition number 33,446, and ratified by Legislative Decree 24-2021 published in the Official Gazette "La Gaceta" on July 16, 2021 in its edition number 35,658, the DIRECTORATE OF CHILDHOOD, ADOLESCENCE AND FAMILY (DINAF) was created, as the governing entity in matters of childhood, adolescence and family.
Whereas by Executive Decree number PCM 020-2019 the Comprehensive System for the Guarantee of Rights of Children and Adolescents in Honduras (SIGADENAH) was created, as the set of bodies, entities, mechanisms and public and private instances articulated at the national, departmental and municipal level, which constitute the fundamental framework for the promotion of rights, the prevention, protection, defense and reparation of harm in the event of violation thereof, through intersectoral policies, programs and actions aimed at guaranteeing the rights of all girls, boys and adolescents in a comprehensive manner.
Whereas the Code of Childhood and Adolescence establishes that it is a purpose of the State the comprehensive protection of children and adolescents. Likewise, it determines that the State itself must ensure the institutionality and the human, technical and financial resources that are necessary to create programs and projects aimed at the promotion, guarantee and protection of the rights of children, the family and motherhood.
Whereas the Government Plan for the Refoundation of the Nation and the Construction of the Socialist and Democratic State, in its section on Children and Youth (numeral 13.1), establishes the commitment to create the State Secretariat in the Offices of Childhood, Adolescence and Family (SENAF).
Whereas article 8 of the Regulation on Organization, Functioning and Powers of the Executive Branch establishes that insofar as it corresponds to the supreme direction and coordination of the Centralized and Decentralized Public Administration, the President of the Republic defines the plans and programs of the Government, directs its tasks and guides the activities of the State Secretariats and autonomous institutions in accordance with the Law.
Whereas the crisis currently being traversed by the Subsystem for the Protection of the rights of children and adolescents, in particular due to the situation of public calamity caused by the tragic events recorded in the institutions that provide services directed to the protection of children, adolescents and families; makes evident the urgent necessity to guarantee respect for the rights of children, adolescents and family.
Whereas in accordance with the State Contracting Law, the declaration of a state of emergency shall be made by Decree of the President of the Republic in Council of Ministers, when emergency situations occur caused by public calamity or related to exceptional circumstances that substantially affect the continuity or timely and efficient provision of services (article 9).
Whereas the State Contracting Law establishes that direct contracting may be carried out when its object is to provide for the needs occasioned by an emergency situation (article 63, numeral 1).
Articles
To establish the State Secretariat of the Offices of Childhood, Adolescence and Family (SENAF), effective January 1, 2024, which shall be responsible for the leadership, formulation, coordination, management, monitoring and evaluation of public policy and regulations for the comprehensive guarantee and protection of the rights of children, adolescents and families, as well as specialized programs and services in this matter. Likewise, the Directorate of Childhood, Adolescence and Family (DINAF) is abolished, effective as of the aforementioned date of creation of the State Secretariat of the Offices of Childhood, Adolescence and Family (SENAF).
COMPETENCIES AND ATTRIBUTIONS. The competencies and attributions of the State Secretariat of the Offices of Childhood, Adolescence and Family (SENAF) shall be:
- 1)
To lead and promote the implementation of the Comprehensive System for the Guarantee of Rights of Children and Adolescents in Honduras (SIGADENAH), whose objective is to guarantee, respect, protect and promote the exercise and full, effective and permanent enjoyment of the rights of all children and adolescents;
- 2)
To lead and coordinate the functioning of the Subsystem of Special Protection against violations of the rights of children and adolescents, whose objective is the special protection and restoration of the rights of girls, boys and adolescents in a situation or at risk of vulnerability due to exploitation, abuse, neglect, harmful practices, violence, involvement in the justice system or other situations that generate violations of their rights (hereinafter, "situation of violation");
- 3)
To coordinate a mechanism for the formulation, implementation, monitoring and evaluation of the National Policy on Childhood and Adolescence and its action plan, the National Strategy and programs for early childhood and prevention of violence against children in Honduras, as well as other public policies and strategies in favor of childhood and adolescence, considering specific needs by age group and priority attention groups;
- 4)
To propose, design and ensure the implementation of programs to strengthen family environments aimed at providing comprehensive competencies for the care of children and adolescents;
- 5)
To promote shared responsibility and social participation in the promotion, defense and protection of the rights of childhood, adolescence and family;
- 6)
To develop programs of systematic and continuous training, dissemination and awareness regarding the rights of children directed at public officials, journalists, civil society organizations and children and other sectors, with the aim of strengthening in a cross-cutting manner the capacities in the matter of children's rights at all levels and ensure the inclusion of the rights-based approach, specialized care and determination of the best interests of the child in public administration in decisions within its competence;
- 7)
To monitor and ensure the implementation by the State of Honduras of the observations of international mechanisms related to children;
- 8)
To monitor the budget and public investment allocated to childhood, adolescence and family in Honduras, issuing recommendations so that this spending is effective and efficient;
- 9)
To create and promote the functioning of the National Observatory on the Rights of Girls, Boys, Adolescents and the Family; with the aim of conducting constant monitoring and dissemination of periodic information on the situation of the rights of childhood, adolescence and family;
- 10)
To collaborate and coordinate with other institutions involved in this matter, the actions related to the protection, monitoring and accompaniment of unaccompanied migrant children and adolescents and family units to ensure effective community reintegration;
- 11)
To handle and coordinate in the administrative venue the process of restoring the rights of children and adolescents in a situation of violation through binding protective measures;
- 12)
To establish, monitor and evaluate the quality standards of operation of the institutions that provide services aimed at the care and protection of children, adolescents and families; as well as to transfer financial resources to the organisms responsible for the direct execution of these alternative care programs and other services necessary for the protection of children;
- 13)
To supervise, monitor and certify Residential Alternative Care Institutions (IRCAS) and other forms of alternative care, as well as institutions where children and adolescents are under their care, for which a special regulation shall be issued;
- 14)
To render an opinion on the protection standards of children's rights of civil associations whose purpose is activities related to childhood, adolescence and family, prior to the authorization of applications for legal status of the same. 15. To handle in the administrative venue the procedures related to the declaration of abandonment of girls, boys and adolescents; 16. To oversee the legal process of adoptions of girls, boys and adolescents who have been declared abandoned and to exercise the central authority provided for in The Hague Conference on Private International Law; 17. To exercise Legal Representation in the absence of mothers and fathers or other legal representatives of children, or by qualified threat to the violation of their rights; 18. Any other matter that legally corresponds to it, or that is delegated to it by the Presidency of the Republic.
The State Secretariat of the Offices of Childhood, Adolescence and Family (SENAF) shall have a Undersecretary of State. The organic and functional structure of the institution, including its Directorates, shall be established by means of a Regulation that must be issued within a period not exceeding ninety (90) days from the date of entry into force of its creation, by Ministerial Agreement of the State Secretariat of the Offices of Childhood, Adolescence and Family (SENAF), in coordination with the State Secretariat of the Office of Finance (SEFIN).
For the development of its attributions, the State Secretariat of the Offices of Childhood, Adolescence and Family (SENAF) must have specialized technical personnel in the matter, duly accredited.
The assets assigned to the Directorate of Childhood, Adolescence and Family (DINAF) shall be transferred to the State Secretariat of the Offices of Childhood, Adolescence and Family (SENAF), effective January 1, 2024, following the corresponding procedure. TRANSITIONAL PROVISIONS
LIQUIDATION COMMISSION. Authorization and instruction are granted to the future head of the State Secretariat of the Offices of Childhood, Adolescence and Family (SENAF), to proceed as Liquidation Commission of the Directorate of Childhood, Adolescence and Family (DINAF), with full powers in matters relating to the liquidation of personnel, payment of liabilities and debts, disposition of goods and assets; with said Commission expressly authorized to assume all the competencies and attributions that corresponded to the Directorate of Childhood, Adolescence and Family (DINAF), exclusively for its liquidation, for which purpose it may request the assistance of the State Secretariat of the Office of Finance (SEFIN), of the National Administration of Civil Service (ANSEC), of the State Secretariat of the Offices of Labor and Social Security, as well as of the Administrative Managerships of institutions involved in this matter and other State institutions if necessary, with these being obligated to provide their immediate cooperation. Upon conclusion of the liquidation, a report shall be presented to the Presidency of the Republic regarding the operations carried out and findings encountered.
CONTINUITY OF UNITS. In order to guarantee a gradual and progressive transition effective January 1, 2024, as well as the completion of pending administrative, technical and financial operations, the continuity is authorized of the units of the Directorate of Childhood, Adolescence and Family (DINAF) that are necessary, granting the head of the State Secretariat of the Offices of Childhood, Adolescence and Family (SENAF) the powers to continue with the representation and administration of the Directorate of Childhood, Adolescence and Family (DINAF), exclusively for the purpose of its liquidation, until the corresponding transfers and operations are concluded.
The National Institute for the Care of Juvenile Offenders (INAMI) is assigned as a deconcentrated body of the Public Administration to the State Secretariat of the Offices of Childhood, Adolescence and Family (SENAF), which shall integrate and preside over its Board of Directors as the governing body.
A STATE OF EMERGENCY is declared in the Subsystem of Special Protection of the rights of children and adolescents for the year two thousand twenty-three (2023), with the aim of supervising and regularizing the operation of institutions that provide services aimed at the protection of children, adolescents and families, as well as guaranteeing the continuity and efficient provision of the same during the period of institutional transition; authorizing the Directorate of Childhood, Adolescence and Family (DINAF) to carry out the direct contracting of all goods and services that are necessary for such purpose, such as works, design, consulting, supplies, construction, installation and supervision, among others. Likewise, the protective measures that are necessary must be reviewed and issued to safeguard the rights and integrity of girls, boys, adolescents and families, particularly those who are institutionalized.
The hiring that is carried out under this Decree must be developed following the provisions established in the State Contracting Law and its Regulation, and in accordance with national legislation, seeking to obtain the most advantageous and quality conditions for the Public Administration, as well as the greatest transparency and oversight in the process.
Authorization and instruction are granted to the State Secretariat of the Office of Finance (SEFIN) to carry out the necessary budgetary and financial operations to ensure the functioning of the State Secretariat of the Offices of Childhood, Adolescence and Family (SENAF), guarantee that the Directorate of Childhood, Adolescence and Family (DINAF) can meet the Declaration of State of Emergency; as well as to comply with everything established in this Decree.
The State Secretariat of the Offices of Childhood, Adolescence and Family (SENAF) shall assume the financial obligations that may be generated in administrative or judicial instances of the acts carried out that are generated after the restructuring process.
The provisions of equal or lesser rank that oppose this Decree are hereby repealed. When the Law, Executive Decrees, Regulations, current norms, contracts for the provision of services, Agreements, Conventions or others, mention or refer to the Directorate of Childhood, Adolescence and Family (DINAF), it shall be understood as referring to the Secretariat of Childhood, Adolescence and Family (SENAF).
This Decree shall be executed immediately and shall be published in the Official Gazette "La Gaceta." Given at the Presidential House, in the city of Tegucigalpa, municipality of the Central District, on the eighth (08) day of the month of September of the year two thousand twenty-three.
Related laws
- Decreto Ejecutivo No. PCM-41-2023 — Creación de la Secretaría de Estado en los Despachos de Niñez, Adolescencia y Familia (SENAF) (Decree PCM-41-2023, 2026)
- Executive Decree PCM 42-2023 by which the suspension of constitutional guarantees is decreed for a period of forty-five days — This decree suspends constitutional rights (freedom of movement, assembly, home privacy, and communications) for 45 days in Honduras to combat organized criminal violence and extortion. It affects all citizens and aims to allow police and armed forces to conduct security operations without these legal restrictions.
- Decree PCM-27-2024 — This decree approves the National Policy for Early Childhood, Childhood and Adolescence 2024-2033, which comprehensively protects the rights of children and adolescents in Honduras. The policy focuses on three objectives: ensuring health in safe environments, access to quality education, and protection against violence, through actions by all State institutions. (Decree PCM-27-2024, 2024)
- Decreto Ejecutivo No. PCM-027-2024 — Aprobación de la Política Nacional de Primera Infancia, Niñez y Adolescencia 2024-2033 (Decree PCM-027-2024, 2024)
- Decreto Ejecutivo No. PCM-27-2024 — Aprobación de la Política Nacional de Primera Infancia, Niñez y Adolescencia 2024-2033 (Decree PCM-27-2024, 2024)