Law for the Prevention of Suicide Risk Cases
Congreso Nacional
- Decree: 66-2024
- Published: October 18, 2024
- Issuing body: Congreso Nacional
- Gazette: 36,667
- Category: Health
Summary
This law requires all public and private schools in Honduras to create a protocol to detect, care for, and follow up with students at risk of suicide. The Ministries of Education and Health must train teachers and parents to recognize warning signs, provide psychological support, and guarantee confidentiality, with the goal of protecting children and adolescents' lives and mental health.
Considerations
Whereas the Constitution of the Republic of Honduras in its Article 59 recognizes the human person as the supreme end of society and the State and imposes the obligation on all to protect it. Likewise, it is established that the dignity of the human being is inviolable.
Whereas Articles 119 and 120 of the Constitution of the Republic establish that the State has the obligation to protect children and the protection laws created for this purpose are of public order.
Whereas in accordance with Article 123 of the Constitution of the Republic every child must enjoy the benefits of education, to grow and develop in good health, which includes physical and mental health. Likewise, Article 145 of the Constitution recognizes the right to health as a right that must be protected and establishes that it is the duty of all to participate in its promotion and preservation.
Whereas the right to education is an essential function of the State, which must project its benefits to society without discrimination of any kind, so it is necessary to promote mental health from Educational Centers, so that children and adolescents develop emotional intelligence and learn healthy social skills.
Whereas in accordance with the World Health Organization (WHO) suicide is an important public health problem but often neglected, surrounded by stigmas, myths and taboos. Suicide cases are a tragedy that severely affects not only individuals, but also families and communities. Each year, more than seven hundred three thousand (703,000) people take their own lives following numerous suicide attempts, which corresponds to one death every forty (40) seconds. Since the World Health Organization (WHO) declared COVID-19 a pandemic in March 2020, more individuals experience loss, suffering and stress. Focusing on suicide prevention is especially important to create social bonds, promote awareness and offer hope.
Whereas the State in its role as guarantor of rights, recognizes the importance of providing a safe and conducive educational environment for the integral development of students. Therefore, the implementation of a protocol not only seeks to intervene in critical situations, but also to prevent the occurrence of crises through the promotion of mental health. This proactive approach reflects the State's vision of building resilient and healthy societies from an early age.
Whereas in accordance with Article 205, Attribution 1) of the Constitution of the Republic, it is the authority of the National Congress to: Create, decree, interpret, reform and repeal laws.
Whereas Article 177 of the Constitution of the Republic states literally: 'Mandatory Professional Membership is established. The law shall regulate its organization and operation.'
Whereas the Organic Law of the Honduran College of Economists (CHE) was issued by Decree No. 88 of October 15, 1966, published in the Official Gazette 'La Gaceta' No. 19,009 and reformed by Decree-Law No. 1002 of July 14, 1980, published in the Official Gazette 'La Gaceta' No. 23,214 of September 24, 1980.
Whereas as established by Article 4 literal a) of the Mandatory Professional Membership Law. Professional Colleges shall have the following purposes: 'To regulate, in accordance with their Organic Law, the exercise of the respective profession,' and similarly Article 6 of the aforementioned legal body states: Professional Colleges shall have the following bodies: The General Assembly; The Board of Directors; and The Honor Court.
Whereas in recent years, substantial changes have occurred in the Honduran economy that require strengthening the group of economists in order to have
Articles
PURPOSE. The purpose of this Law is to establish a protocol for the prevention and care of suicide, assisting cases that show tendencies to this conduct, which must be implemented in primary and secondary education centers nationwide, and which is based primarily on the detection, care, linkage and monitoring of students at risk of suicidal conduct, in order to guarantee their protection and well-being.
SCOPE OF APPLICATION. This Law is applicable to the entire system of public and private education at the basic and secondary education levels nationwide.
NATURE. This Law is of public order, social interest and general application throughout the country.
PRINCIPLES. The implementation of this Law is based on constitutional provisions and applicable international regulations and is based on the application of the following principles:
- 1)
Best Interest of Children: It refers to the fact that the protocol shall primarily address the integral development of children, understanding that it must include their basic, physical, educational and emotional needs, as well as their needs for affection and security.
- 2)
Confidentiality: Information relating to detection, care, linkage and monitoring are of a confidential nature with the exception of the beneficiaries and their parents or legal representatives.
- 3)
Non-Discrimination: The provisions established for the design and application of this Law and the protocol shall be applicable to all children and adolescents who are part of the National Educational System, without any discrimination based on gender, ethnicity, class, disability, religion, age, nationality or any other.
- 4)
Personal Well-being: Refers to the fact that the physical, mental and emotional well-being of children and adolescents must prevail and support their general development that allows them to learn and develop the skills they need to reach their full potential.
- 5)
Sense of Belonging: Refers to the fact that the protocol must promote actions to foster in children and adolescents the sense of belonging to a family, educational center and society in general through actions that make them feel protected and valued.
- 6)
Safety: Refers to the fact that the actions of the actors involved in the Protocol must frame their actions in guaranteeing children and adolescents the protection of life, their survival; and their dignity, in order to guarantee their integral development.
DEFINITIONS. For the purposes of this Law, the following shall be understood:
- 1)
Suicide: It is defined as the deliberate act of taking one's own life.
- 2)
Non-Suicidal Self-Harm: It is the deliberate harm to one's own body, normally without suicidal intent.
- 3)
Suicidal Ideation: It is the tendency to repeatedly think about the possibility of taking one's own life.
- 4)
Suicidal Communication: It is the interpersonal act in which thoughts, desires or intention to end one's own life are transmitted, for which there is implicit or explicit evidence that this act of communication does not in itself constitute suicidal conduct. Suicidal communication is a midpoint between suicidal ideation and suicidal conduct, and includes those verbal or non-verbal communications that may have intentionality, but do not cause injuries.
- 5)
Attempted or tentative suicide: It is the act aimed at ending one's own life in which the person survives.
- 6)
Suicide Risk: A situation in which a person presents signs or symptoms that indicate the possibility of committing a suicidal act.
- 7)
Educational Centers: Educational institutions that provide education to basic and secondary education students.
GOVERNING BODIES. The Secretary of State in the Office of Education (SEDUC), together with the Secretary of State in the Office of Health (SESAL), are the bodies responsible for the design, formulation, implementation and oversight of the Protocol for Prevention and Care of Cases at Risk of Suicide in the Educational Centers of the country. The Secretary of State in the Office of Education (SEDUC) and the Secretary of State in the Office of Health (SESAL), shall develop the protocol based on the provisions established in this regulation and, for which they are granted ninety (90) business days from the effectiveness of this Law.
RESPONSIBILITIES. The Secretary of State in the Office of Education (SEDUC) and the Secretary of State in the Office of Health (SESAL), shall have the following responsibilities:
- 1)
Create and implement the Protocol for Prevention and Care of Cases at Risk of Suicide in Educational Centers;
- 2)
Train teaching and administrative personnel and families of children and adolescents in the detection of students at risk of suicide, non-suicidal self-harm, suicidal ideation, suicidal communication and attempted suicide;
- 3)
Establish jointly psychological support measures for students and their family members identified as being at risk of suicide, non-suicidal self-harm, suicidal ideation, suicidal communication and attempted suicide, as well as in those cases where a completed suicide has occurred, in accordance with what is established in the Protocol;
- 4)
Guarantee the confidentiality of information of students who are at risk of suicide, non-suicidal self-harm, suicidal ideation, suicidal communication and attempted suicide;
- 5)
Promote in the educational community the importance of suicide prevention;
- 6)
Establish strategic alliances with key actors such as State institutions, Universities, Civil Society Organizations, International Organizations and Private Enterprise in order to cooperate integrally for the correct implementation of this Law and the Protocol; and,
- 7)
Guide the committees for the prevention and care of suicide at the national level on the phases of detection, linkage and monitoring that are established in the protocol.
COMMITTEE FOR SUICIDE PREVENTION AND CARE. The Protocol must regulate the characteristics and operation of the Committees. This body must have at least the following functions:
- 1)
Multilevel intervention in education and awareness about suicide for students, teaching and administrative personnel, mothers and fathers;
- 2)
Conduct of campaigns that transmit information and awareness focused on 'Zero Tolerance' against any type of violence and aimed at promoting physical and emotional well-being;
- 3)
Strengthening of protective environments in the educational center that promote healthy coexistence; and,
- 4)
Periodic sessions with students for suicide prevention, emotional intelligence, healthy relationships, self-esteem, respect, life skills, resilience, mechanisms for care and protection in cases of suicidal conduct.
EFFECTIVENESS. This Law shall become effective from the day of its publication in the Official Gazette 'La Gaceta'. Done in the city of Tegucigalpa, municipality of the Central District, in the Session Hall of the National Congress, on the seventeenth day of the month of July of two thousand twenty-four. LUIS ROLANDO REDONDO GUIFARRO PRESIDENT CARLOS ARMANDO ZELAYA ROSALES SECRETARY LUZ ANGÉLICA SMITH MEJÍA SECRETARY To the Executive Power Therefore: Let it be executed. Tegucigalpa, M.D.C., July 23, 2024. IRIS XIOMARA CASTRO SARMIENTO PRESIDENT OF THE REPUBLIC THE SECRETARY OF STATE IN THE OFFICE OF EDUCATION Legislative Power DECREE No. 79-2024
Related laws
- Decreto Legislativo No. 66-2024 — Ley para la Creación del Protocolo de Prevención y Atención de Casos en Riesgo de Suicidio en los Centros Educativos — This law requires public and private schools in Honduras to create and implement a protocol to detect, assist, and follow up with students at risk of suicide. The Ministries of Education and Health must train teachers and parents, guarantee confidential psychological support, and establish school committees that promote mental health and suicide prevention through education and wellness campaigns. (Decree 66-2024, 2024)
- Law on the Organization and Powers of the Courts — This law establishes how Honduras' judicial system is organized and operates. It defines that courts have the power to judge cases, prohibits judges from participating in politics, creates new courts (peace courts, letter courts, appeal courts, and Supreme Court) with their requirements and responsibilities, and regulates the appointment and operation of all judges and magistrates. (Decree 175-2003, 1906)
- Code of Common Procedures (page 173 Non-Contentious Acts) — This 1906 decree authorizes the Executive Power to issue codes and laws, including the Common Procedure Code, to take effect on March 1st of that year along with the new Political Constitution. It establishes the rules for civil procedures in Honduras, regulating how judges, lawyers, legal representatives, and citizens act in lawsuits, as well as the deadlines, notifications, and procedures that must be followed.
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