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April 16, 2024In force

Law of the National Children's Congress Single Title Single Chapter

Congreso Nacional

  • Decree: 16-2024
  • Published: April 16, 2024
  • Issuing body: Congreso Nacional
  • Gazette: 36,510
  • Category: Constitutional

Summary

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This law creates a legal framework for the National Children's Congress, allowing 128 children from Honduras to participate annually in actual legislative sessions. It benefits children by ensuring their voices are heard on public matters, fulfilling international child protection commitments, and promoting their democratic participation.

Considerations

Whereas the Constitution of the Republic establishes in Article 119 that: "The State has the obligation to protect children. Children shall enjoy the protection provided for in international agreements that safeguard their rights. Laws for the protection of children are of public order and official establishments designated for such purpose have the character of social assistance centers", it is therefore necessary to safeguard their rights so that they may enjoy and benefit from them; guaranteeing them through the adoption and fulfillment of international instruments that safeguard their universal rights.

Whereas in accordance with Articles 12 and 19 of the Convention on the Rights of the Child, States Parties shall adopt all appropriate legislative, administrative, social and educational measures to protect the child in a comprehensive manner, as well as to enable the child to form their own judgment and the right to express their opinion freely in all matters affecting them, the creation of this Law is intended to create a legal framework for the National Children's Congress as a mechanism to comply with such provisions.

Whereas the State of Honduras signed on May 31, 1990, the Convention on the Rights of the Child, which it ratified on August 10, 1990, recognizing in Article 17) "the important role played by the media in ensuring that the child has access to information and material from diverse national and international sources, in particular information and material aimed at promoting the child's social, spiritual, moral, physical and mental well-being..."; Article 29) "1. States Parties agree that the education of the child shall be directed: a) To develop the personality, talents and mental and physical abilities of the child to their fullest potential; b) To instill in the child respect for human rights and fundamental freedoms and for the principles enshrined in the Charter of the United Nations...".

Whereas in accordance with Article 3 of the Convention on the Rights of the Child "States Parties shall establish mechanisms to ensure that public and private institutions respect the Best Interests of the Child".

Whereas the Inter-American Court of Human Rights through its advisory opinion OC-17/2022, requested by the Inter-American Commission on Human Rights regarding the legal status and Human Rights of the child, indicates that: in the current legislative situation, some countries in the region have developed new legislation in their legal systems, with the purpose of providing special protection for minors. In this case, the present Law represents a new national legislative framework aimed at "strengthening basic social and educational policies", which contributes to the effective enjoyment of rights recognized for the Honduran child population, in accordance with the Convention on the Rights of the Child of which Honduras is a party.

Whereas it is the responsibility of the State, through the Plenary of the National Congress, to ensure that the democratic-legislative experience of Child Congresspeople, carried out within the celebration of the National Children's Congress, is invested with all the characteristics and formalities of the Legislative Branch of Honduras, in order to develop, monitor, improve and strengthen through this Law the guidelines established in Legislative Decree No. 125-2004, of September 7, 2004, published in the Official Gazette "La Gaceta" No. 30,522, of October 18, 2004, whereby the Children's Congress is declared institutionalized.

Whereas to guarantee the continuity of the Children's Congresses and generate the expected impact in an orderly manner and based on regulations and guidelines that permit their proper execution, it is necessary to create a special law for the participation of children, presentation of their projects and motions; which must be analyzed and taken into consideration by the Congresspeople in order to materialize their ideas; transferring those that are pertinent for approval by the Plenary of the National Congress, by virtue of the "Internal Guidelines for the Monitoring of the Children's Congress of Honduras", set forth in Resolution No. 2-2020, dated September 17, 2020, published in the Official Gazette "La Gaceta" No. 35,386 of September 29, 2020.

Whereas the Code of Children and Adolescents, contained in Decree No. 73-96 of May 30, 1996, published in the Official Gazette "La Gaceta" dated September 5, 1996, as reformed establishes in its Article 2 that: "The general objective of this Code is the comprehensive protection of children in the terms enshrined in the Constitution of the Republic and the Convention on the Rights of the Child, as well as the modernization and integration of the legal system of the Republic in this matter". In compliance with this principle, it is the decision of the National Congress to broaden the scope of what the National Children's Congress represents, in harmony with our internal legal regulations, in order to implement measures aimed at protecting children individually and the rights arising from relations maintained among themselves and with adults.

Whereas with the implementation of innovative ideas, creative thinking and active participation of children in Honduras, the National Children's Congress seeks to create a space where they exercise their right to participate in this legislative representation process, giving continuity to such formative practices so that their voice is heard and taken into account in public affairs, in order to recognize their value in building actions, contributing to improve relations among them and their development in the legislative and democratic role of the State.

Whereas the State of Honduras makes its own the principles and guarantees enshrined in favor of children, with the ratification of the following international instruments: 1) The Convention on the Rights of the Child, through Decree No. 75-90 of July 24, 1990 and published in the Official Gazette "La Gaceta" No. 26,259 on August 10, 1990, as the basic legal instrument that brings together the essential principles to guarantee children access to their general well-being and best interests; 2) Accession to the Optional Protocol on the Sale of Children, Child Prostitution and Child Pornography, ratified on May 8, 2022, aimed at defining and prohibiting the participation of children and adolescents in prostitution and pornography; and, 3) Accession to the Protocol Relating to the Involvement of Children in Armed Conflict, ratified on August 14, 2002, aimed at not recruiting minors under 18 years of age for combat.

Whereas the Government Plan of President Xiomara Castro Sarmiento 2022-2026 in its section 13.1, regarding children (page 59) establishes that "it is imperative that the State of Honduras succeeds in organizing adequate protection and compliance with international agreements that guarantee respect for the life and rights of children, as part of the strategies that must be implemented to resolve the precarious situation of children in Honduras". Likewise, on page 16 in its section 4.3, regarding the Right to Education, the Government guarantees the financing of a renewed world-class Educational System, in all its levels and modalities to offer public education the best quality pertinent to the realities of our people, guaranteeing universal access, to form Hondurans with critical vision and generate qualitative changes in the political, social and cultural development that follows from an elevated consciousness.

Whereas in accordance with Article 205 Attribution 1) of the Constitution of the Republic, it is the responsibility of the National Congress: To create, enact, interpret, reform and repeal laws.

Articles

Article 1.-

The purpose of this Law is to regulate the design, implementation, and review of the NATIONAL CHILDREN'S CONGRESS, in accordance with the Honduran legal framework for the comprehensive protection of children and the precepts established in the Constitution of the Republic.

Article 2.-

In accordance with the pillars established in the Constitution of the Republic of Honduras and the American Convention on Human Rights, as well as the Convention on the Rights of the Child, the following principles are established:

  • 1)

    Best Interest: In the National Children's Congress, the implementation of measures of care, social welfare, health, and all other essential measures representing the importance of the best interest of the child shall prevail at each stage of its development and at all times;

  • 2)

    Freedom of Opinion: Child Congresspersons have full and complete freedom to express their opinions and form their own judgment, on equal terms during the prior development stage and during the celebration of the National Children's Congress, this being a point of importance, listening to their contributions on matters that affect childhood according to their age and maturity;

  • 3)

    Equality and Non-Discrimination: Within the framework of the scope of application and development of all stages of the National Children's Congress to be held, each Congressperson shall be taken into account without any distinction, regardless of race, color, sex, language, religion, political opinion or other opinion, ethnic origin, social origin, economic position, special capacities, or any other physical condition or place of origin of each Congressperson, their parents, or their representatives, with this National Children's Congress complying with what is established in the Convention on the Rights of the Child;

  • 4)

    Transparency: The National Children's Congress is a legislative democratic exercise that shall be publicized through all avenues that the Social Agenda of the Presidency of the National Congress deems appropriate for access to information;

  • 5)

    Traceability: The National Children's Congress is oriented to provide systematic and orderly monitoring of all prior and subsequent processes generated, including monitoring of child congresspersons;

  • 6)

    Publicity: The development of the National Children's Congress, both in its legislative stage and in its recreational and academic stage, must be made accessible to the Honduran people through appropriate dissemination in the country's communication media from its planning through subsequent monitoring;

  • 7)

    Due Diligence: The National Congress of the Republic must be diligent and timely in giving legislative treatment to the different initiatives arising from the National Children's Congress;

  • 8)

    Innovation: The National Children's Congress must always be an opportunity to incorporate innovative solutions in the technical, logistical, financial, and social aspects; in order to achieve this principle, work jointly with national and international cooperation organizations; and,

  • 9)

    Non-Simulation: The active participation of boys and girls of Honduras on an equal footing and without any discrimination in making real legislative decisions is a fundamental pillar of the National Children's Congress.

Article 3.-

The National Children's Congress shall have its seat in the Capital of the Republic, without prejudice to the President of the National Congress acting directly or through the Social Agenda of the Presidency of the National Congress, as the governing entity, deciding to move its seat or hold sessions in another place of the Republic, following the procedures and security considerations established in this Law.

Article 4.-

For the installation of the National Children's Congress, Child Congresspersons previously selected by the State Secretary in the Education Office shall be convened each year to hold their legislative sessions on any date prior to the second week of October.

Article 5.-

The organs of the National Children's Congress are:

  • 1)

    The Plenary of Child Congresspersons;

  • 2)

    The Directing Board;

  • 3)

    The caucuses of child congresspersons; and,

  • 4)

    The Legislative Opinion Commissions.

Article 6.-

The Plenary of the National Children's Congress is the highest authority for decision-making of the Infant Legislative Branch and is composed of one hundred twenty-eight (128) Congresspersons from the different departments of Honduran territory.

Article 7.-

The Directing Board is the organ that directs the legislative session, elected by simple majority vote of the Congresspersons. The Infant Directing Board is composed of one (1) President, five (5) Vice-Presidents, and five (5) Secretaries equivalent to eleven (11) members of the Directing Board.

Article 8.-

The Directing Board of the National Children's Congress shall exercise its functions until the installation of the following National Children's Congress.

Article 9.-

The attributions of the Directing Board are:

  • 1)

    Coordinate legislative activities;

  • 2)

    Establish its meeting agenda to address and resolve matters that in accordance with this Law correspond to it; and,

  • 3)

    Distribute Congresspersons among the different Legislative Opinion Commissions.

Article 10.-

The attributions of the President of the National Children's Congress are:

  • 1)

    Open, suspend, and close the Plenary session;

  • 2)

    Maintain and call to order in the Plenary session those Congresspersons who deviate from the matter under discussion;

  • 3)

    Grant the floor in successive order to Congresspersons who request it, as well as suspend its use;

  • 4)

    Refer Bills to the corresponding Commissions or special Commissions;

  • 5)

    Sign the minutes, decrees, and other resolutions of the National Children's Congress; and,

  • 6)

    Create Special Commissions for matters of special interest.

Article 11.-

The Caucuses of Child Congresspersons: Once the National Children's Congress is installed, the respective child caucuses must be formed, which shall be distributed equitably among congresspersons from the eighteen (18) departments, for the sole purpose of forming the slates for elections of the Directing Board, electing a child representative responsible for directing consensus in the different caucuses.

Article 12.-

The Caucuses of Child Congresspersons are:

  • 1)

    CHILDHOOD AND JUSTICE CAUCUS: Its vision is to defend the human rights of boys and girls in all areas and its objective is to guarantee the comprehensive development of each Honduran child with a justice-for-children approach;

  • 2)

    OUR CULTURE CAUCUS: Its vision is to defend national identity, the promotion of national culture, the recovery of the history, customs and traditions of indigenous peoples; whose objective is to give children the opportunity to enjoy cultural human rights; and,

  • 3)

    GREEN HONDURAS CAUCUS: Its vision is characterized by the value of responsibility and respect for nature, and its main objective is that in Honduras flora and fauna are preserved, restored, and protected for all, especially so that Honduran children enjoy a clean and healthy environment.

Article 13.-

The Commissions of the National Children's Congress are the following:

  • 1)

    Child Health Commission;

  • 2)

    Child Education Commission;

  • 3)

    Comprehensive Safety Commission for Children;

  • 4)

    Comprehensive Development Commission;

  • 5)

    Inclusion Commission for Boys and Girls;

  • 6)

    Access to Technology Commission for Children;

  • 7)

    Opportunities Commission for Children;

  • 8)

    Proposal Monitoring Commission; and,

  • 9)

    Justice and Human Rights Commission. The Commissions are composed of child congresspersons to address matters assigned to them by the President in order to issue opinions regarding projects presented in the National Children's Congress.

Article 14.-

The rights of child congresspersons are:

  • 1)

    Participate with voice and vote in the Plenary sessions;

  • 2)

    Integrate an Infant Legislative Commission and participate with voice and vote in it;

  • 3)

    Present legislative initiatives, motions, and statements in compliance with the requirements established in this Law; and,

  • 4)

    Receive technical-legal and other assistance for the fulfillment of their functions and obligations.

Article 15.-

The duties of child congresspersons are:

  • 1)

    Attend the Plenary session and the Commission of which they are a member;

  • 2)

    Participate in the preparation of opinions;

  • 3)

    Exercise the assignments or representations that the President or the Plenary may have designated to them;

  • 4)

    Vote in the plenary sessions in which they are present;

  • 5)

    Express, debate, and reach solutions and recommendations in the Infant Commission to which they belong;

  • 6)

    Represent the boys and girls of their Educational Center, as well as of the Municipality and Department by which they were selected; and,

  • 7)

    Participate in one (1) or more events per year, at the Municipal or Departmental level, to share the legislative experience of the National Children's Congress, in order to promote the participation of other students.

Article 16.-

The organs responsible for the organization of the National Children's Congress are:

  • 1)

    Social Agenda of the Presidency of the National Congress;

  • 2)

    Office of the Presidency of the National Congress;

  • 3)

    Legislative Management of the National Congress;

  • 4)

    State Department of Education; and,

  • 5)

    Other departments of the National Congress at the call of the Social Agenda of the Presidency. The organs listed above constitute the Organizing Committee which shall be convened and presided over by the Social Agenda of the Presidency of the National Congress.

Article 17.-

The Social Agenda of the Presidency of the National Congress is the governing body for the administration of the National Children's Congress, as well as for the direction, coordination and organization of the departments that support the administrative structure to fulfill the development and functioning of the Children's Congress. The National Congress of the Republic must design an efficient mechanism for making payments arising from the National Children's Congress.

Article 18.-

The Social Agenda of the Presidency of the National Congress shall form the Organizing Committee of the National Children's Congress, which shall be composed of the internal departments of the National Congress, as well as state institutions, which have the obligation to accompany the directives of the Social Agenda for the full development of the National Children's Congress. The foregoing is understood without prejudice to the participation that other national institutions, civil society organizations and foreign organizations may provide in collaboration.

Article 19.-

The Special Oversight Committee of the National Children's Congress shall be appointed by the President of the National Congress of the Republic, in order to report on the initiatives presented in the National Children's Congress.

Article 20.-

Once the National Children's Congress has concluded, the Child Representatives may carry out activities in their municipalities and departments to promote and publicize their work during their tenure in the National Children's Congress, aimed at promoting the benefit of the legislative experience to other students in their communities. The municipal and state authorities of each Department must provide support to the Child Representatives, in order to carry out sessions and events where respect for the rights of Honduran children is fostered.

Article 21.-

The National Children's Congress through the Social Agenda of the Presidency shall present at each year-end and no later than the second week of August; an Accountability Report of the legislative activities carried out with the Child Representatives from the previous period.

Article 22.-

The National Congress of the Republic must ensure that, during the development of the National Children's Congress, the Child Representatives have preferential access to all physical spaces of the National Congress of the Republic, so that, without any limitation, they may develop the legislative sessions within it, enabling an environment of harmony, security and coexistence among them. All state media, whether television, print, radio or digital, must collaborate with the dissemination of activities prior to, during and after the National Children's Congress.

Article 23.-

Repeal Legislative Decree No. 125-2004 of September 7, 2004, published in the Official Journal "La Gaceta" No. 30,522, dated October 18, 2004.

Article 24.-

The National Congress of the Republic must create the technological tool that contains the Database System, in order to monitor the development of the National Children's Congress, as well as the information and personal data contained in the personal file, obtained from the Child Representatives.

Article 25.-

The National Congress of the Republic, within a period not exceeding ninety (90) days after the approval of this Law, must issue the Regulations for the Selection, Integration, Administration, Development and Functioning of the National Children's Congress.

Article 26.-

This Decree shall come into force as of its publication in the Official Journal "La Gaceta". Given in the city of Tegucigalpa, municipality of the Central District, in the Session Hall of the National Congress, on the twenty-first day of the month of February of two thousand twenty-four. LUIS ROLANDO REDONDO GUIFARRO PRESIDENT LUZ ANGÉLICA SMITH MEJÍA SECRETARY LINDA FRANCÉS DONAIRE PORTILLO SECRETARY To the Executive Power. Therefore: Execute. Tegucigalpa, M.D.C., February 27, 2024. IRIS XIOMARA CASTRO SARMIENTO PRESIDENT OF THE REPUBLIC THE STATE SECRETARY IN THE OFFICE OF EDUCATION

  • Law of the National Children's Congress — This law creates a legal framework for the National Children's Congress, allowing 128 boys and girls from Honduras to participate annually in a real legislative process where they present bills and motions on issues affecting them. The goal is to ensure that minors exercise their right to freely express opinions under principles of equality, transparency, and non-discrimination, thus complying with international children's rights treaties. (Decree 16-2024, 2024)
  • Decreto Legislativo No. 16-2024 — Ley del Congreso Nacional Infantil — This law creates a legal framework for the National Children's Congress, allowing Honduran children to participate as representatives in a real legislative process. It guarantees their right to express opinions, submit bills and motions that will be analyzed by Congress, promoting their democratic participation and defense of their rights. (Decree 16-2024, 2024)
  • Decreto Legislativo No. 38-2025 — Inclusión de nueva asignatura de Nuevas Tecnologías en el currículo nacional — This law orders the Ministry of Education to analyze and include a new subject called 'New Technologies' in basic and secondary schools throughout Honduras. The purpose is to prepare students to adapt to the digital world and modern job market by facilitating their learning through technological and interactive tools. (Decree 38-2025, 2025)
  • Law on the Implementation of Care Centers — This law requires Honduras to create childcare centers to support working mothers and help them access employment. The State, municipalities, and organizations must establish daycare facilities with quality standards in poor and vulnerable areas, ensuring safety, early education, and medical care for children. (Decree 33-2025, 2026)
  • Reform to the Childhood and Adolescence Code (Decree 35-2013) — This decree reforms Honduras' Code of Childhood and Adolescence to modernize child protection. It establishes that all persons under 18 years are children with inalienable rights, prohibits maltreatment, sale of harmful products, and child labor. It creates a special justice system for juvenile offenders focused on rehabilitation rather than punishment. (Decree 35-2013, 2013)

Notes

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