Key Benefits:
1620 OF 2013
(March 15)
Official Journal No. 48.733 of 15 March 2013
CONGRESS OF THE REPUBLIC
For which the National System of School Coexistence and Training for the Exercise of Human Rights, Education for Sexuality and Prevention and Mitigation of School Violence are created.
COLOMBIA CONGRESS
DECRETA:
GENERAL PROVISIONS.
ARTICLE 1o. OBJECT. The purpose of this law is to contribute to the formation of active citizens who contribute to the construction of a democratic, participatory, pluralistic and intercultural society, in accordance with the constitutional mandate and the General Law of Education-Law 115 of 1994-through the creation of the National System of School Coexistence and Training for Human Rights, Education for Sexuality and Prevention and Mitigation of Violence School, which promotes and strengthens the formation of citizens and the exercise of rights human, sexual and reproductive students, educational levels of preschool, basic and middle and prevent and mitigate school violence and pregnancy in adolescence.
ARTICLE 2o. In the framework of this law, it is understood by:
- Citizen Competences: It is one of the basic competencies that is defined as the set of knowledge and cognitive, emotional and communicative skills that, articulated to each other, make it possible for the citizen act constructively in a democratic society.
- Education for the exercise of human, sexual and reproductive rights: It is oriented to form people able to recognize as active subjects human rights, sexual and reproductive rights with which will develop competencies to relate to itself and to others, with criteria of respect for themselves, for the other and for the environment, in order to be able to achieve a state of physical, mental and social well-being that will enable them to assertive, informed and autonomous decisions to exercise a free sexuality, satisfactory, responsible and healthy around the construction of their project of life and the transformation of social dynamics, towards the establishment of more just, democratic and responsible relations.
- School harassment or bullying: Negative, intentional and systematic intentional conduct of aggression, intimidation, humiliation, ridicule, defamation, coercion, deliberate isolation, threat or incitement to the violence or any form of psychological, verbal, physical or electronic abuse against a child, child, or adolescent, by a student or several of their peers with whom they maintain an asymmetric power relationship, which is presented by It is repeated or over a certain period of time.
It can also happen on the part of teachers against students, or by students against teachers, in the face of the indifference or complicity of their environment. Bullying has consequences for students ' health, emotional well-being and school performance, and the educational establishment's learning environment and school climate.
- Cyberbullying or school cyberbullying: Intimidation with deliberate use of information technologies (internet, virtual social networks, mobile phones and video games online) to exercise psychological and ongoing mistreatment.
NATIONAL SYSTEM OF SCHOOL COEXISTENCE AND TRAINING FOR HUMAN RIGHTS, EDUCATION FOR SEXUALITY AND PREVENTION AND MITIGATION OF SCHOOL VIOLENCE.
ARTICLE 3o. CREATION. Create the National System of School Coexistence and Training for Human Rights, Education for Sexuality and Prevention and Mitigation of School Violence, whose objectives will be met through advocacy, guidance and coordination of strategies, programmes and activities, in the framework of the co-responsibility of individuals, educational institutions, family, society and the State.
This System recognizes children and adolescents as subjects of rights, and the educational community at preschool, basic and middle levels as the responsible for training for the exercise of the same, in accordance with the provisions of the National Political Constitution, Laws 115 of 1994 and 1098 of 2006, the provisions of the National Council of Social Policy and other rules associated with school violence, which raise specific demands on the school system.
ARTICLE 4. SYSTEM GOALS. These are objectives of the National System of School Coexistence and Training for Human Rights, Education for Sexuality and Prevention and Mitigation of School Violence:
1. Encourage, strengthen and articulate actions of different State institutions for school life, the construction of citizenship and education for the exercise of the human, sexual and reproductive rights of children and adolescents of the educational levels of preschool, basic and average.
2. Ensure the integral protection of children and adolescents in educational spaces, through the implementation and monitoring of the comprehensive care route for school life, taking into account social contexts and Special cultural.
3. To promote and strengthen education in and for peace, citizen skills, the development of identity, participation, democratic accountability, the assessment of differences and compliance with the law, for the training of subjects rights assets.
4. Promote the development of strategies, programs and activities so that entities at different levels of the System and educational establishments strengthen active citizenship and peaceful coexistence, the promotion of rights and styles of healthy living, prevention, detection, care and monitoring of cases of school violence, bullying or violation of sexual and reproductive rights and have an impact on the prevention and mitigation of these cases, in the reduction of pregnancy of adolescents and in the improvement of the school climate.
5. To promote mechanisms for prevention, protection, early detection and denunciation of all those behaviors that threaten the school life, citizenship and the exercise of the human, sexual and reproductive rights of students preschool, basic and middle, particularly those related to school harassment and school violence, including the one that can be generated through the use of the Internet, as defined in the comprehensive care route for school life.
6. Identify and foster mechanisms and strategies for mitigation of all situations and behaviors that generate situations of school violence.
7. Guide strategies and communication programs for social mobilization, related to school life, the construction of citizenship and the promotion of human, sexual and reproductive rights.
8. Contribute to the prevention of pregnancy in adolescence and the reduction of sexually transmitted diseases.
PARAGRAFO. The media will perform the promotion functions according to the responsibilities assigned in article 47 of Law 1098 of 2006.
ARTICLE 5o. PRINCIPLES OF THE SYSTEM. Are principles of the National System of School Coexistence and Training for Human Rights, Education for Sexuality and Prevention and Mitigation of School Violence:
1. Participation. By virtue of this principle, institutions and educational establishments must ensure their active participation in the coordination and harmonization of actions, in the exercise of their respective functions, which enable the end of the system. Under Law 115 of 1994 and Articles 31, 32, 43 and 44 of Law 1098 of 2006, educational establishments must guarantee the right to the participation of children and adolescents in the development of strategies and actions that are brought forward within the framework of the System. In harmony with Articles 113 and 288 of the Political Constitution, different state bodies must act within the framework of the Constitution. coordination, concurrence, complementarity and subsidiarity; responding to their missionary functions.
2. Corresponsibility. The family, educational establishments, society and the State are responsible for the formation of citizens, the promotion of school coexistence, education for the exercise of the human, sexual and reproductive rights of the children and adolescents from their respective fields of action, around the objectives of the System and in accordance with the provisions of Article 44 of the Political Constitution and the Code Childhood and Adolescence.
3. Autonomy: Individuals, territorial entities, and educational institutions are autonomous in accordance with the Political Constitution and within the limits set by laws, regulations and provisions.
4. Diversity: The System is based on the recognition, respect and appreciation of self-dignity and others, without discrimination based on gender, sexual orientation or identity, ethnicity or physical, social or cultural condition. Children and adolescents have the right to receive an education and training that is based on an integral conception of human dignity and human dignity, in peaceful, democratic and inclusive environments.
5. Integrality: The philosophy of the system will be integral and oriented towards the promotion of education for self-regulation of the individual, of education for social sanction and of education in respect of the Constitution and laws.
ARTICLE 6o. SYSTEM STRUCTURE. The National System of School Coexistence and Training for Human Rights, Education for Sexuality and Prevention and Mitigation of School Violence will have a structure constituted by three instances Levels: National, Territorial and School, led by the education sector:
-National: Integrated by the National School Coexistence Committee.
-Territorial: Integrated by municipal, district and departmental community committees, as appropriate.
-School: Integrated by the co-living committee of the respective educational establishment.
Private organizations with or without profit will be able to participate in the strategies, programs and activities that, in the development of this law, will be implemented by the municipal, district or departmental committees of coexistence. school.
ARTICLE 7o. CONFORMATION OF THE NATIONAL COMMITTEE OF SCHOOL COEXISTENCE. For the performance of the functions of the National System, a National Committee for School Coexistence will be formed, which will be permanently integrated by:
-The Minister of National Education, or the Deputy Minister of Education, who will chair it
-The Minister of Health and Social Protection or a Deputy Minister Delegate
-The Director of the Colombian Family Welfare Institute or a Deputy Director
-The coordinator of the Adolescent Criminal Responsibility System
-The Director of Children and Adolescence Police or a Delegate Commander
-The Minister of Culture or a Deputy Minister Delegate
-The Minister of Information and Communications Technologies or a Deputy Minister Delegate
-The President of the Colombian Association of Faculties of Education (Ascofade)
-The President of the National Association of Higher Normal Schools (Asonens)
-The Executive Director of the Colombian Association of Universities (Ascent)
-The Ombudsman or his delegate
-The rector of the official educational institution with the highest scores in the previous year's Saber 11 tests.
-The rector of the private educational institution with the highest scores in the previous year's Saber 11 tests.
PARAGRAFO 1o. The operation of the said Committee shall be regulated by the National Government within a period of no more than six months after this law has been enacted.
PARAGRAFO 2o. When any of the entities that make up the National School Coexistence Committee is restructured, it will be replaced in this Committee by the one that assumes the functions related to this System.
ARTICLE 8o. FUNCTIONS OF THE NATIONAL SCHOOL CO-EXISTENCE COMMITTEE.
1. Define the operation of the System on each of its levels and instances.
2. To coordinate the management of the National System at national, territorial and school levels, for the fulfillment of its object.
3. To harmonize and articulate the actions of the National System with national policies, sectorial policies, strategies and programs related to the construction of citizenship, school coexistence and human, sexual and reproductive rights and the prevention and mitigation of school violence.
4. Formulate recommendations to ensure the proper development, complementation and improvement of the comprehensive care route in educational establishments within the framework of the National System.
5. Define, monitor, evaluate and follow up the actions of the National System of School Coexistence and Training for Human Rights, Education for Sexuality and Prevention and Mitigation of School Violence, from the reports of the Unified Information System referred to in article 28 of this law.
6. To ensure that the Comprehensive Care Route for School Coexistence is adopted by the levels, the bodies and entities that are part of the structure of the System and that they assume responsibility for their implementation in the framework of their missional functions.
7. To coordinate with the National Intersectoral Commission for the Promotion of Human, Sexual and Reproductive Rights the actions that are of its own in the school field, in particular those that in the framework of the functions of the Commission are aimed at achieving the Millennium Development Goals, specifically those related to the reduction of youth pregnancy and sexually transmitted diseases, as an integral indicator of social development.
8. Promote and lead communication strategies and actions that encourage reflection on school coexistence, prevention, mitigation and attention to school bullying, school violence, and decreased pregnancy in adolescence. disclosure of this law and the Comprehensive Care Route for School Coexistence, linking the national, regional and community media.
9. Coordinate the creation of reporting and monitoring mechanisms on the Internet, social networks, and other information technologies to the cases of cyberbullying.
10. The others who establish their own regulations.
PARAGRAFO. Regarding policies related to the promotion, exercise and guarantee of sexual and reproductive rights, the National Committee for School Coexistence will coordinate the relevant with the National Commission. Intersectoral for the Promotion of Sexual and Reproductive Rights, created by Decree 2968 of August 2010, for the purposes of the formulation of policies and implementation of plans, programs and actions in matters that are common to them.
ARTICLE 9o. OF THE MUNICIPAL, DISTRICT AND DEPARTMENTAL COMMITTEES OF SCHOOL COEXISTENCE. The Territorial Councils of Social Policy created in accordance with Decree 1137 of 1999 will have municipal, district and departmental committees of school co-existence, which shall coordinate the functions and actions of the System at the territorial level of its respective jurisdiction according to the structure defined in Article 6or of this law.
The municipal, district and departmental committees of school co-existence are of a permanent nature and are shaped by the representatives of:
1. The departmental, district or municipal government secretary, as appropriate.
2. The departmental, district or municipal education secretary, as appropriate.
3. The departmental, district or municipal health secretary, as appropriate.
4. The Secretary of Culture or who does his or her times, at the departmental, district or municipal level.
5. The Regional Director of the Colombian Institute of Family Welfare in the departments or the Coordinator of the Zonal Center of the ICBF in the municipalities.
6. The Family Commissioner.
7. The District Person, Municipal or Regional Attorney.
8. The Regional Ombudsman as appropriate.
9. The Commander of the Child and Adolescent Police.
10. The rector of the official educational institution that in the department, municipality or district has obtained the highest scores in the tests Saber 11 of the year before.
11. The rector of the private educational institution that in the department, municipality or district has obtained the highest scores in the tests Saber 11 of the year before.
The election of the representative of the rectors to these committees will be defined by the National Committee on School Coexistence.
PARAGRAFO. The territorial councils of social policy within a period of no longer than 6 months of regulation shall constitute the municipal, district and departmental committees of school coexistence.
ARTICLE 10. FUNCTIONS OF THE MUNICIPAL, DISTRICT OR DEPARTMENTAL COMMITTEES OF SCHOOL COEXISTENCE. These are functions of these committees, within the framework of the National System:
1. To harmonize, articulate and coordinate the actions of the System with the policies, strategies and programs related to its object in the respective jurisdiction, in accordance with the guidelines established by the National Committee for School Coexistence and the Route Comprehensive Care for School Coexistence.
2. Ensure that the Comprehensive Care Route for School Coexistence is appropriate and implemented appropriately in the respective jurisdiction, by the entities that are part of the System in the framework of their responsibilities.
3. Contribute to the strengthening of the National System of School Coexistence and Training for Human Rights, Education for Sexuality and Prevention and Mitigation of School Violence in their respective jurisdiction.
4. To encourage the development of citizen skills through training processes that include information, reflection and action on collective imaginaries in relation to coexistence, authority, autonomy, and perspective of gender and the exercise of human, sexual and reproductive rights.
5. Encourage the development of pedagogical projects aimed at promoting the construction of citizenship, education for the exercise of human, sexual and reproductive rights.
6. Promote communication and mobilization among children, adolescents, parents and mothers and teachers, around school life, the construction of citizenship and the exercise of human, sexual and reproductive rights prevention and mitigation of school violence and pregnancy in adolescence.
7. Identify and promote territorial processes for the construction of citizenship in the framework of the exercise responsible for the human, sexual and reproductive rights of children and adolescents.
8. Coordinate the timely and reliable recording of regional information in the Unified Information System that is dealt with in article 28 of this law, which allows for monitoring and evaluation of actions and results of the System at the municipal, district or departmental level.
9. Monitor, review, and periodically adjust system strategies and actions at the municipal, district, or departmental level, in accordance with the reports and monitoring of the Unified Information System that the article is dealing with. href="ley_1620_2013.html#28"> 28 of this law and taking into account information that in the field of bullying, school violence and sexual and reproductive health is reported by entities entrusted with such a function.
10. Formulate recommendations to ensure the proper functioning of the System at the municipal, district or departmental level.
11. The others defined by the National Coexistence Committee.
ARTICLE 12. CONFORMATION OF THE SCHOOL OF COHABITATION COMMITTEE. The Coexistence School Committee will be composed of:
-The rector of the educational establishment, who chairs the committee
-The Student Person
-Teacher with guidance function
-The coordinator when this charge exists
-The president of the parent board
-The president of the student council
-A teacher (1) who leads processes or strategies of school coexistence.
PARAGRAFO. The committee may invite a member of the educational community with a voice but without a vote, for the purpose of expanding information.
ARTICLE 13. FUNCTIONS OF THE CO-LIVING SCHOOL COMMITTEE. The functions of the committee are:
1. Identify, document, analyze and resolve conflicts between teachers and students, managers and students, students and teachers.
2. To lead in educational establishments actions that promote the coexistence, the construction of citizenship, the exercise of human, sexual and reproductive rights and the prevention and mitigation of school violence among the members of the educational community.
3. Promote the linking of educational establishments to strategies, programs and activities of coexistence and citizenship construction that are brought forward in the region and that respond to the needs of their educational community.
4. To convene a conciliation space for the resolution of conflicting situations affecting school life, at the request of any of the members of the educational community or of its own office when deemed appropriate in order to avoid irremediable harm to the members of the educational community. The student will be accompanied by the parent, mother, acutente or a partner of the educational establishment.
5. Activate the Comprehensive Care Route for School Coexistence defined in Article 29 of this law, in the face of specific situations of conflict, of bullying, in the face of high-risk behaviors of violence or violation of sexual and reproductive rights that cannot be resolved by this committee in accordance with the provisions of the cohabitation manual, because they transcend the school environment, and review the characteristics of the the commission of a punishable conduct, which is why they must be cared for by other bodies or authorities that are part of the structure of the System and the Route.
6. Lead the development of strategies and instruments aimed at promoting and evaluating school coexistence, the exercise of human, sexual and reproductive rights.
7. Follow up on compliance with the provisions set out in the cohabitation manual, and submit reports to the respective instance that is part of the structure of the National System of School Coexistence and Training for the Rights of the Humans, Education for Sexuality and Prevention and Mitigation of School Violence, of the cases or situations the committee has known.
8. Propose, analyze and viable pedagogical strategies that allow the relaxation of the pedagogical model and the articulation of different areas of study that read the educational context and their relevance in the community to determine more and better ways to relate to the construction of citizenship.
PARAGRAFO. This committee should be given its own regulation, which should cover what is relevant to sessions, and other procedural aspects, such as those related to the choice and permanence of the teacher's committee. to lead processes or strategies of school coexistence.
THE EDUCATION SECTOR IN THE NATIONAL SYSTEM OF SCHOOL COEXISTENCE AND TRAINING FOR HUMAN RIGHTS, EDUCATION FOR SEXUALITY AND THE PREVENTION AND MITIGATION OF SCHOOL VIOLENCE.
ARTICLE 14. THE EDUCATION SECTOR IN THE NATIONAL SYSTEM OF SCHOOL COEXISTENCE AND TRAINING FOR HUMAN RIGHTS, EDUCATION FOR SEXUALITY AND PREVENTION AND MITIGATION OF SCHOOL VIOLENCE. The education sector as part of the National System is formed by: the Ministry of National Education, the education secretariats of the territorial entities certified in education and the establishments that provide the educational service according to the Law 115 1994.
ARTICLE 15. RESPONSIBILITIES OF THE MINISTRY OF NATIONAL EDUCATION IN THE NATIONAL SYSTEM OF SCHOOL COEXISTENCE AND TRAINING FOR HUMAN RIGHTS, EDUCATION FOR SEXUALITY AND PREVENTION AND MITIGATION OF SCHOOL VIOLENCE. establishes the current regulations and that they are your own, you will have the following responsibilities:
1. To promote and promote jointly with certified education secretaries, in educational establishments, the implementation of programs for the development of citizen skills, education for the exercise of human rights, sexual and reproductive, in accordance with the guidelines, standards and guidelines that are defined. This implementation will be done through mandatory pedagogical projects, in accordance with article 14 of the General Law of Education, as part of the Institutional Educational Projects (PEI- or of the Community Educational Projects (JEPs), as the case may be.
2. To provide guidelines and guidelines for the use of school co-living indicators that will make the problems visible and enhance decision-making in relation to the projects and programs in which the article is addressed. href="ley_1620_2013.html#15"> 15 of this bill.
3. To produce and distribute educational materials to identify and use pedagogical situations of bullying and school violence, through their analysis, reflections and discussions among students, which guide their management in the educational establishments in the framework of the exercise of human, sexual and reproductive rights and training for citizenship.
4. Incorporate in the processes of self-assessment or in the processes of quality certification of educational establishments, the variables associated with school climate, and the implementation of pedagogical projects for the mitigation of violence and bullying, and education for sexuality, as an assessment criterion.
5. Design, administer, and perform periodic reports of the Unified School Coexistence Information System, defined by this law in its article 28.
6. To provide technical assistance to certified education secretariats, to bring forward updating and teacher training processes related to the promotion of school life, the resolution of school conflicts, the exercise of human rights, the promotion of sexual and reproductive rights, the development of citizen skills and the promotion of healthy lifestyles for the prevention and mitigation of bullying and school violence, which will be included annually in the operational plans of the territorial teacher training plans.
7. To provide technical assistance to the local authorities for the development of actions to promote, prevent, attend and follow up situations of school coexistence; establish general guidelines for the construction of bases and indicators on school co-existence that not only visibilize the problems but also enhance the projects and programs that promote life and human rights.
8. Coordinate with the Colombian Institute for the Evaluation of Education the incorporation in the tests to know the modules for the evaluations of citizens ' competences. The application will be accompanied by an instrument to provide additional information on climate and school life in educational establishments.
9. Manage partnerships with the private sector to support the implementation of policies and programs referred to in the first article of article 20 of this law, in favor of coexistence school.
10. To promote jointly with institutions of national scope calls for the development of applied research on the subject of school coexistence and training for the exercise of human, sexual and reproductive rights, and prevention and the mitigation of school violence.
ARTICLE 16. RESPONSIBILITIES OF THE EDUCATION SECRETARIATS OF THE TERRITORIAL ENTITIES CERTIFIED IN THE NATIONAL SYSTEM OF SCHOOL COEXISTENCE AND TRAINING FOR HUMAN RIGHTS, EDUCATION FOR SEXUALITY AND PREVENTION AND MITIGATION OF THE SCHOOL VIOLENCE. In addition to those that establish the current regulations and are of their own, you will have the following responsibilities:
1. To participate actively in the municipal, district or departmental committee of school coexistence in the respective jurisdiction and to contribute to the fulfillment of the functions of the same, in the context of its responsibilities.
2. To ensure the timely dissemination, harmonization, coordination and execution of the strategies, programs and actions defined by the municipal, district or departmental committee of conviviality to which they belong, with the priorities and actions of educational policy established in the relevant territorial entity.
3. Ensure that the Comprehensive Care Route for School Coexistence is appropriate and implemented by educational establishments in the framework of their responsibilities, in order to protect students against all forms of harassment and violence Teachers or teachers at school.
4. Manage partnerships with the private sector for the implementation of the programs referred to in article 15 1 of this law in favor of school coexistence.
5. To ensure the development of the processes of updating and teaching and evaluation of school climate of educational establishments, provided for in the numerals 3 and 6 of the article 15 of the present law.
6. Promote the development of citizen skills, the exercise of human, sexual and reproductive rights, the promotion of healthy lifestyles and the prevention of bullying and the of bullying and the "cyberbullying " Complementary school children.
7. Follow up and support the report of cases of school harassment, school violence, and sexual and reproductive rights violations of children and adolescents reported by educational establishments and case analysis and These are the figures that will allow them to make decisions based on the development of the Comprehensive Care Route for School Coexistence, in terms of their competence, in order to prevent and mitigate such cases.
8. Listen to the voices of the educational community and determine the relevant actions for the region under the policies of the Ministry of National Education.
9. Accompany educational establishments to update, disseminate and apply the coexistence manual.
10. Accompany educational establishments in the implementation of the school committee of coexistence and follow up the performance of the functions assigned to it.
ARTICLE 17. RESPONSIBILITIES OF EDUCATIONAL ESTABLISHMENTS IN THE NATIONAL SYSTEM OF SCHOOL COEXISTENCE AND TRAINING FOR HUMAN RIGHTS, EDUCATION FOR SEXUALITY AND PREVENTION AND MITIGATION OF SCHOOL VIOLENCE. establishes the current regulations and that they are your own, you will have the following responsibilities:
1. Ensure that their students, educators, teachers and other staff of the school establishments respect the dignity and physical and moral integrity in the context of school life, human rights, sexual and germinal.
2. Implement the co-existence school committee and ensure compliance with its functions according to the provisions of Articles 11, 12 and 13 of this law.
3. Develop the components of prevention, promotion and protection through the manual of coexistence, and the application of the Comprehensive Care Route for School Coexistence, in order to protect students against all forms of harassment, school violence and violation of human, sexual and reproductive rights by other colleagues, teachers or teachers.
4. Review and adjust the institutional educational project, the co-existence manual, and the institutional system for evaluating students annually, in a participatory process involving students and in general the educational community, to the light of the approaches to rights, competencies and differentials, in line with the General Law of Education, Law 1098 of 2006 and the standards that develop them.
5. Review the educational establishment conditions of the educational establishment annually and identify risk factors and protective factors that have an impact on school life, protection of human, sexual and reproductive rights, processes of institutional self-assessment or quality certification, based on the implementation of the Comprehensive Care Route and on the decisions taken by the school committee for coexistence.
6. Undertake actions involving the entire educational community in a process of pedagogical reflection on the factors associated with violence and bullying, and the violation of sexual and reproductive rights and the impact of them, incorporating relevant knowledge about the care of the body itself and relationships with others, instilling tolerance and mutual respect.
7. Develop strategies and instruments aimed at promoting school coexistence based on assessments and monitoring of the most frequent forms of bullying and violence.
8. Adopt strategies to stimulate attitudes among members of the educational community that promote and strengthen school coexistence, mediation and reconciliation, and the dissemination of these successful experiences.
9. Generate pedagogical strategies to articulate training processes among the different areas of study.
ARTICLE 18. RESPONSIBILITIES OF THE DIRECTOR OR RECTOR OF THE EDUCATIONAL ESTABLISHMENT IN THE NATIONAL SYSTEM OF SCHOOL COEXISTENCE AND TRAINING FOR HUMAN RIGHTS, EDUCATION FOR SEXUALITY AND PREVENTION AND SCHOOL VIOLENCE. establishes current regulations and that they are your own, you will have the following responsibilities:
1. Lead the co-living school committee in accordance with the provisions of articles 11, 12 and 13 of this law.
2. Incorporate in the processes of institutional planning the development of the components of prevention and promotion, and the protocols or procedures established for the implementation of the route of comprehensive care for the school life.
3. To lead the review and adjustment of the institutional educational project, the cohabitation manual, and the institutional system of evaluation annually, in a participatory process involving students and in general the educational community, in the Framework of the Institutional Improvement Plan.
4. Report those cases of bullying and violence and violation of sexual and reproductive rights of the children and adolescents of the educational establishment, in their capacity as president of the conviviality school committee, according to the Current regulations and protocols defined in the Comprehensive Care Route and follow up on such cases.
ARTICLE 19. RESPONSIBILITIES OF TEACHERS IN THE NATIONAL SYSTEM OF SCHOOL COEXISTENCE AND TRAINING FOR HUMAN RIGHTS, EDUCATION FOR SEXUALITY AND THE PREVENTION AND MITIGATION OF SCHOOL VIOLENCE. In addition to the ones that establish regulations They will have the following responsibilities:
1. Identify, report and follow up on cases of bullying, school violence, and sexual and reproductive rights violations affecting students in the educational establishment, according to the articles 11 and 12 of Act 1146 of 2007 and other current regulations, with the coexistence manual and with the protocols defined in the Comprehensive Care Route for School Coexistence.
If the bullying situation of which you are aware is done through electronic means, you should also report to the co-existence committee to activate the respective protocol.
2. To transform pedagogical practices to contribute to the construction of environments of democratic and tolerant learning that potentiate participation, the collective construction of strategies for conflict resolution, respect for human dignity, to life, to the physical and moral integrity of students.
3. Participate in the processes of updating and teaching and evaluating the school climate of the educational establishment.
4. Contribute to the construction and application of the coexistence manual.
ARTICLE 20. PEDAGOGICAL PROJECTS. The projects referred to in Article 15 (1) of this Law shall be developed at all levels of the educational establishment, formulated and managed by the teachers of all areas and degrees, collectively constructed with other actors in the educational community, who without a specific subject, respond to a situation of the context and make part of the institutional or project educational project Community education.
Educational projects for sexuality education, which aim to develop competencies in students to make informed, autonomous, responsible, pleasant, healthy and well-being-oriented decisions; and to learn to Managing risk situations, through conscious, reflexive and critical refusal and saying "No" to proposals that affect their physical or moral integrity, should be developed gradually according to age, from each of the mandatory areas identified in Law 115 of 1994, related to human body and development, human reproduction, sexual and reproductive health and methods of contraception, as well as reflections on attitudes, interests and abilities in relation to emotions, cultural construction of sexuality, cultural behaviors of gender, sexual diversity, sexuality and healthy lifestyles, as fundamental elements for the construction of the student's life project.
Education for the exercise of human rights in the school implies the experience and practice of human rights in school daily life, whose objective is the transformation of learning environments, where conflicts are assumed as a pedagogical opportunity that allows their solution through dialogue, consultation and recognition of the difference so that children and adolescents develop competencies to perform as active subjects of rights in the school, family and community context. For this, the pedagogical project will emphasize human dignity, human rights and the acceptance and appreciation of diversity and differences.
In the curriculum, the educational establishment should make explicit the time and conditions for the projects, as outlined in articles 76 to 79 of Law 115 of 1994 regarding curriculum and study plans.
PARAGRAFO. In all cases the constitutional guarantees regarding the fundamental rights set out in Title II Chapter I of the National Constitution must be respected.
ARTICLE 21. MANUAL OF COEXISTENCE. In the framework of the National System of School Coexistence and Training for Human Rights, Education for Sexuality and Prevention and Mitigation of School Violence, and in addition to the article 87 of Law 115 of 1994, co-existence manuals must identify new ways and alternatives to encourage and strengthen school coexistence and the exercise of human rights, sexual and Students ' reproductive skills, which enable them to learn from error, to respect diversity and to address them conflicts in a peaceful manner, as well as possible situations and conduct that threaten the exercise of their rights.
The manual will give the educator the role of orientator and mediator in situations that threaten school coexistence and the exercise of human, sexual and reproductive rights, as well as functions in the early detection of these same situations, to students, the manual will grant them an active role to participate in the definition of actions for the management of these situations, in the framework of the comprehensive care route.
The coexistence manual should include the comprehensive care route and the protocols that this law treats.
According to article 87 of Law 115 of 1994, the cohabitation manual defines the rights and obligations of the students of each member of the educational community, through which they are they govern the characteristics and conditions of interaction and coexistence between them, and points out the due process that the educational establishment must follow in the face of its non-compliance. It is a tool constructed, evaluated and adjusted by the educational community, with the active participation of students and parents, of compulsory compliance in public and private educational establishments and is a component essential for the institutional educational project.
The manual of the present article must incorporate, in addition to the above, the definitions, principles and responsibilities established by this law, on which the factors of promotion and prevention and attention of the the Comprehensive Care Route for School Coexistence.
The Ministry of National Education will regulate what is related to the coexistence manual and will provide the necessary guidelines for the incorporation of the necessary provisions for the management of conflicts and behaviors that affect the school co-existence, and human, sexual and reproductive rights, and for the participation of the family, in accordance with article 22 of this law.
ARTICLE 22. FAMILY PARTICIPATION. The family, as part of the educational community, in the framework of the National System of School Coexistence and Training for Human Rights, Education for Sexuality and Prevention and Mitigation of Violence School, in addition to the obligations enshrined in article 67 of the Political Constitution, in Law 115 of 1994, Law 1098 , 2006, Law 1453 2011 and other existing rules, shall:
1. Provide your children with spaces and environments in the home, which generate confidence, tenderness, care and protection of themselves and their physical, social and environmental environment.
2. Participate in the formulation, planning and development of strategies that promote school coexistence, human, sexual and reproductive rights, participation and democracy, and the promotion of healthy lifestyles.
3. To accompany permanently and actively their children in the pedagogical process that the educational establishment for cohabitation and sexuality is going forward.
4. Participate in the review and adjustment of the coexistence manual through the participation instances defined in the educational establishment's institutional educational project.
5. Assume responsibilities in activities for the use of their children's free time for the development of citizen skills.
6. Comply with the conditions and obligations set out in the co-existence manual and respond when your child is in breach of any of the rules defined therein.
7. Know and follow the Route of Integral Care when a case of school violence occurs, the violation of sexual and reproductive rights or a situation that warrants it, according to the instructions given in the manual of coexistence of the respective educational establishment.
8. Use existing legal mechanisms and those established in the Comprehensive Care Route referred to in this law, to restore the rights of their children when they are assaulted.
OF THE PARTICIPATION OF SEVERAL ENTITIES THAT DO PART NATIONAL SYSTEM OF SCHOOL COEXISTENCE AND TRAINING FOR HUMAN RIGHTS, EDUCATION FOR SEXUALITY AND PREVENTION AND MITIGATION OF VIOLENCE SCHOOL.
ARTICLE 23. THE MINISTRY OF HEALTH AND SOCIAL PROTECTION. In the framework of the National System of School Coexistence and Training for Human Rights, Education for Sexuality and Prevention and Mitigation of School Violence, the Ministry, in its Coordinator of the General System of Social Security in Health, will be in charge of:
1. Ensure that health care providers, within the framework of the comprehensive care route, are the liaison with the specialized staff of educational establishments, that is, the article 31 of the present law. These EPS and educational establishment teams will accompany those students who have been victims as well as their victims and will do social work with their families. The monitoring shall be carried out in accordance with the regulations to be issued by the Ministries of Health and National Education.
2. Execute, in coordination with the certified education secretariats, the actions of sexual and reproductive health promotion and prevention of pregnancies and sexually transmitted infections, through the projects that advance the educational establishments.
3. Report, through health care institutions and health-promoting entities, to the Unified Information System that is dealing with article 28 of this law, those cases of abuse, violence (b) school or the violation of sexual and reproductive rights, which are taken care of by any of these and in any form or circumstance.
For these purposes, the Ministry of Health will regulate with the support of the National Committee for School Coexistence and the Ministry of National Education the classification of these events, the respective protocols, the information to be reported and the times for that report. The IPS, EPS and EI will ensure the right to privacy and confidentiality of the people involved.
4. Establish in conjunction with the MEN the necessary regulations for the health-promoting entities, the administration of the subsidized regime and the health service providers, to design and implement strategies that can be Quantitative and qualitative, for the development of comprehensive care services for children and adolescents from the first periodic medical control and throughout the entire educational cycle, as well as the attention paid to the priority and the beginning of prenatal care for the pregnant student, in accordance with the parameters set out in this law.
ARTICLE 24. FROM THE COLOMBIAN INSTITUTE OF FAMILY WELFARE. The Colombian Family Welfare Institute, as coordinator of the National Family Welfare System, will be in charge of:
1. To give the guidelines to the competent administrative authorities and the territorial councils of social policy, according to the functions and actions that correspond to them in the National System of School Coexistence, in particular and in relation to the municipal, district and departmental committees of school co-existence and with the Route of Integral Care.
2. To attend and guide children and adolescents through the competent administrative authorities, in the exercise and restoration of their human, sexual and reproductive rights.
3. Receive complaints and adopt the necessary emergency and protective measures in cases where children, girls and adolescents are victims of crimes, or in cases that correspond to school life or violation of rights sexual and reproductive and stem from the activation of the comprehensive care route by the rectors of educational establishments.
4. Adopt preventive or protective measures, through the action of the family member, once the instance of the school committee of cohabitation that deals with this law has been exhausted.
5. To monitor and report to the Unified School Coexistence Information System directly or through the competent administrative authorities, the cases that are referred to it, taking into account the protocols established, compliance with the rules to be issued for that purpose.
ARTICLE 25. THE MINISTRY OF CULTURE. The Ministry of Culture, in the framework of the National System of School Coexistence, will promote strategies that, through art, recreation, culture and sport, contribute to the prevention and mitigation of School violence and the qualification of the use of free time for children and adolescents and the formulation of initiatives of coexistence and citizen culture.
ARTICLE 26. OF THE PEOPLE. In the framework of the National System of School Coexistence and Training for Human Rights, Education for Sexuality and Prevention and Mitigation of School Violence, the municipal or county staff in compliance of his functions of the Public Ministry, of the keeping and promotion of human rights, the protection of the public interest and the surveillance of the conduct of those who perform public functions, it corresponds to him:
1. Address those cases that have not been resolved by the Coexistence School Committee.
2. Guide and instruct the inhabitants of the respective jurisdiction in the exercise of their rights and refer to the competent authority, as the case may be.
3. Follow up and report to the Unified School Coexistence Information System, the cases that are referred to it, taking into account the protocols established in the Comprehensive Care Route and in accordance with the regulations that Such an end is issued.
ARTICLE 27. OF THE MEMBERS OF THE CRIMINAL LIABILITY SYSTEM FOR ADOLESCENTS. In the framework of the National System of School Coexistence and Training for Human Rights, Education for Sexuality and Prevention and Mitigation of Violence School, corresponds to the coordinator of the Criminal Responsibility System of Adolescents, and to the specialized judicial authorities and the other administrative entities of this System, to intervene in those cases of school violence that They go beyond the school scope and review the characteristics of the commission of conduct punishable according to the comprehensive care route be referred to you by the ICBF, the Family Commissaries or the Person.
In the Comprehensive Care Route, the Children and Adolescents Police are the liaison with the rectors or directors of educational establishments.
TOOLS OF THE NATIONAL SYSTEM OF SCHOOL COEXISTENCE AND TRAINING FOR HUMAN RIGHTS, EDUCATION FOR SEXUALITY AND PREVENTION AND MITIGATION OF SCHOOL VIOLENCE.
ARTICLE 28. UNIFIED INFORMATION SYSTEM FOR SCHOOL COEXISTENCE. The Unified Information System for School Coexistence is created in the framework of the National System of School Coexistence and Training for Human Rights, Education for Sexuality and the Prevention and Mitigation of School Violence, for the identification, registration and monitoring of cases of harassment, school violence, and violation of sexual and reproductive rights that affect children and adolescents educational establishments. This system will ensure the right to privacy and confidentiality of the persons involved, in accordance with the protection parameters set out in the Statue Law 1266 of 2008.
The statistics and reports that the Information System will report along with survey and research data from other sources will serve as a basis for decision-making and for the reorientation of strategies and programs that encourage School co-existence and training for the exercise of the human, sexual and reproductive rights of children and adolescents.
The structure of the Unified School Coexistence Information System should allow the National Committee on School Coexistence and municipal, district and departmental committees to provide information and indicators. cases of school harassment, school violence, and sexual and reproductive rights violations affecting children, girls and adolescents in educational establishments, as input to the orientation of their policies and strategies.
The Unified Information System of School Cohabitation will act in an articulated manner with the Mission Information System-SIM- of the Colombian Family Welfare Institute, with relevant Health Sector information systems. and Minister for Information and Communications Technologies, with the objective of consolidating information to identify the joint actions and the specific actions carried out by each of the entities of the System in relation to each case In the same way, in favour of the protection of human rights, sexual and reproductive of children and adolescents.
ARTICLE 29. COMPREHENSIVE CARE ROUTE FOR SCHOOL LIFE. The Comprehensive Care Route for School Coexistence defines the processes and protocols to be followed by the entities and institutions that make up the National Coexistence System. School and Training for Human Rights, Education for Sexuality and Prevention and Mitigation of School Violence, in all cases where school coexistence and human, sexual and reproductive rights are affected. students of the educational institutions, articulating an offer of service agile, integral and complementary.
In compliance with the functions identified in each of the levels, the institutions and entities that make up the System must ensure the immediate and pertinent attention of the cases of school violence, harassment or violation of rights. sexual and reproductive activities that occur in or around educational establishments and involve children, girls, and adolescents from preschool, basic and middle school levels, as well as adolescent pregnancy cases.
ARTICLE 30. COMPONENTS OF THE COMPREHENSIVE CARE ROUTE FOR SCHOOL LIFE. The Comprehensive Care Route will have at least four components: promotion, prevention, care and follow-up.
The promotion component will focus on the development of competencies and the exercise of human, sexual and reproductive rights. This component determines the quality of the school climate and defines the criteria of coexistence to be followed by the members of the educational community in the different spaces of the educational establishment and the mechanisms and instances of participation. of the same, for which alliances can be made with other actors and institutions according to their responsibilities.
The prevention component should be implemented through a continuous process of training for the integral development of the child, child and adolescent, with the purpose of reducing the impact of the conditions of the context on their behavior. economic, social, cultural and family. It has an impact on the causes that could potentially give rise to the problem of school violence, about its precipitating factors in the family and in the areas of family life, which are manifested in violent behaviors that They violate the rights of others, and therefore those who manifest them are at the potential risk of being subjected to violence or being agents of violence in the school context.
The care component should develop strategies to assist the child, child, adolescent, father, mother or adult, or the educator immediately, relevant, ethical and comprehensive, when a case of violence or bullying or aggressive behavior that violates human, sexual and reproductive rights, in accordance with the protocol and within the framework of the competencies and responsibilities of the institutions and entities that make up the System National of School Coexistence and Training for Human Rights, Education for the Sexuality and the Prevention and Mitigation of School Violence. This component involves actors other than those in the educational community only when the severity of the reported fact, the circumstances surrounding it, or the physical and psychological damages of the children involved exceed the function mission to the educational establishment.
The follow-up component will focus on timely reporting of the Unified School Coexistence Information System, the status of each of the reported care cases.
ARTICLE 31. OF THE PROTOCOLS OF THE COMPREHENSIVE CARE ROUTE FOR SCHOOL COEXISTENCE. The Comprehensive Care Route starts with the identification of situations that affect the coexistence of bullying or school violence, which will have to be referred to Convivencia School Committee, for its documentation, analysis and attention from the application of the coexistence manual.
The attention component of the route will be activated by the School Coexistence Committee due to the fact that the victim, students, teachers, teachers, parents, or the present, are informed by the Committee of their trade. School life or any person who knows about situations that affect school life.
Comprehensive care route protocols and procedures should consider at least the following postulates:
1. The knowledge of the facts by the directives, teachers and students involved.
2. The knowledge of the facts to the parents or the acutters of the victims and the generators of the violent acts.
3. Alternatives to the solution to the facts presented will be sought, seeking to find spaces of reconciliation, where appropriate, guaranteeing due process, the promotion of participatory, inclusive, and solidarity relations. co-responsibility and respect for human rights.
4. Ensure comprehensive care and relevant monitoring for each case.
Once this instance has been exhausted, situations of high risk of school violence or violation of rights, sexual and reproductive rights of children, girls and adolescents of educational establishments at preschool, basic and average levels that cannot be resolved by means established by the manual of coexistence and requires the intervention of other entities or instances, they will be transferred by the rector of the institution, in accordance with the decisions of the School Committee Cohabitation, to the ICBF, the Family Commissioner, the Municipal or District Person or the Police Childhood and Adolescence, as appropriate.
PARAGRAFO. The postulates, processes, protocols, strategies and mechanisms of the Comprehensive Care Route will be regulated by the National Government within a period of no more than six months after this law has been enacted. For this purpose, the protocols and routes already established by the entities and institutions belonging to the System will be based on the basis of the protocols. These postulates, processes, strategies and mechanisms of the comprehensive care route must be updated at two-year intervals, as a result of evaluations that are carried out on their operation.
ARTICLE 32. The National Government will define the normative, operational and financial guidelines for educational establishments of an official nature to provide school guidance for the coexistence of students.
The above mentioned school orientation for cohabitation can be implemented through strategic alliances with higher education institutions, through the creation of practice spaces for students from the last semester of the year. of psychology, psychiatry and related programs.
The staff responsible for carrying out or supporting the school orientation for coexistence, in relation to the comprehensive care route, should:
1. Contribute to the direction of educational establishment in the process of identifying risk factors that may influence students ' school life.
2. Document and record in the Unified School Coexistence Information System cases of bullying or school violence or violation of sexual and reproductive rights.
3. Participate in the accompanying process as well as the evaluation of the results of this orientation.
4. Act as liaison agents or agents supporting the referral of cases of school violence or violation of sexual and reproductive rights to institutions or entities as established in the Comprehensive Care Route.
5. Participate in the definition of individual and group comprehensive intervention plans and follow the protocols established in the Comprehensive Care Route.
6. Support the school committee to co-exist in the development of strategies and instruments aimed at promoting and evaluating school coexistence and the promotion of sexual and reproductive rights, as well as documenting cases that are reviewed in the sessions of the same.
7. Participate in the construction, drafting, socialization and implementation of the co-living manual and the pedagogical projects that the article 20 deals with.
8. Involve families, through the school for parents, in the components and protocols of the comprehensive care route.
ARTICLE 33. MENTAL HEALTH CARE. Mental Health care for children, adolescents and families affected by school violence or violation of sexual and reproductive rights will be a priority based on the Mandatory Health Plan. the framework of the General System of Social Security in Health.
ARTICLE 34. DISCLOSURE AND DISSEMINATION. As of the entry into force of this law, the National Government through the institutional television programs and the official web pages of the public entities that make up and are linked to the Ministry of Health and Social Protection, the Ministry of National Education and the Colombian Family Welfare Institute, will permanently disclose the content of this law and, in any case, the content referred to by the Integral Care, must be delivered in print or electronically to parents to the time to enroll your children in any educational establishment in the country.
ADMINISTRATIVE VIOLATIONS, SANCTIONS AND INCENTIVES.
ARTICLE 35. SANTIONS. The conduct of the system actors in relation to the omission, non-compliance or delay in the implementation of the Route or in the operation of the levels of the structure of the System will be sanctioned according to the established in the General Code and Criminal Procedure, the Single Disciplinary Code and the Code of Childhood and Adolescence.
ARTICLE 36. SANCTIONS AGAINST PRIVATE EDUCATIONAL INSTITUTIONS. The certified territorial entities may impose on the educational institutions of a private nature that they incur any of the conduct of the previous article, some of them the following sanctions:
1. A public admonition to be fixed in the visible place of the educational institution and in the respective education secretariat.
2. A public admonition indicating the reasons that gave rise to the sanction, by means of a newspaper advertisement of high circulation in the locality, in its defect, of publication in a visible place, for a maximum of one week.
3. Classification of the educational establishment in the controlled regime for the year immediately following the execution of the decision imposing such sanction, for the purposes of establishing the registration values.
4. Cancellation of the operating license.
PARAGRAFO 1o. For the application of the above sanctions, the graduation criteria set out in Article 50 of Law 1437 of 2011, as well as the affect the life or physical or psychological integrity of the students or the decrease in the quality of the school life.
PARAGRAFO 2o. The costs incurred by territorial entities certified in education by the application of the penalties contained in numerals 1 and 2 shall be borne by the respective establishments. education.
ARTICLE 37. OF THE ADMINISTRATIVE OFFENCES OF PRIVATE EDUCATIONAL INSTITUTIONS. With regard to private educational institutions, the territorial entities certified in education must advance the administrative procedure. sanctioning that they treat items 47 to 50 of Act 1437 of 2011, when they breach the provisions set forth in this law, especially in the following events:
1. Omission, non-compliance or undue application of the comprehensive care route covered by this Act,
2. Lack of adjustment or implementation of the Institutional Educational Project and the Coexistence Manual, in accordance with the guidelines of this law.
3. Inoperative of the Coexistence School Committee.
ARTICLE 38. OF THE DISCIPLINARY FAULTS OF TEACHERS AND OFFICIAL TEACHERS. In educational institutions of an official nature, teachers and teachers in the framework of the functions assigned to their respective positions, will be responsible for to effectively implement the System within them. Failure to act or failure to comply with this duty is a disciplinary failure and will result in the penalties provided for by law for these servers.
ARTICLE 39. INCENTIVES TO EDUCATIONAL ESTABLISHMENTS. The Ministry of National Education, within the framework of the National Educational Forum established by Law 115 of 1994, will annually recognize educational establishments. It shows a positive impact with the implementation of improvement strategies aimed at the quality of school life, education for human rights, education for sexuality and the prevention and mitigation of violence. school, for which within the term of six months of issue of the present law, regulate the participation, selection criteria and incentives to be provided by educational establishments and the members of the educational establishments.
ARTICLE 40. TERM OF REGULATION AND VALIDITY. The National Government shall have a maximum period of six (6) months to issue the necessary regulations.
This law is governed by its publication in the Official Journal, except for the provisions contained in Chapter VI which shall apply to the two (2) months following the regulation indicated in the internal.
The President of the honorable Senate of the Republic,
ROY LEONARDO BARRIERS MONTEALEGRE.
The Secretary General of the honorable Senate of the Republic,
GREGORIO ELJACH PACHECO.
The President of the honorable House of Representatives,
AUGUSTO POSADA SANCHEZ.
The Secretary General of the honorable House of Representatives,
JORGE HUMBERTO MANTILLA SERRANO.
COLOMBIA-NATIONAL GOVERNMENT
Publish and comply.
Dada en Bogotá, D. C., as of March 15, 2013.
JUAN MANUEL SANTOS CALDERÓN
The Minister of Justice and Law,
RUTH STELLA CORREA PALACIO.
The Minister of Health and Social Protection,
ALEJANDRO GAVIRIA URIBE.
The Minister of National Education,
MARIA FERNANDA CAMPO SAAVEDRA.
The Minister of Culture,
MARIANA GARCES CÓRDOBA.
