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LEGISLATIVE ASSEMBLY-REPUBLIC OF EL SALVADOR ____________________________________________________________________
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DECREE NO 459
THE LEGISLATIVE ASSEMBLY OF THE REPUBLIC OF EL SALVADOR,
CONSIDERING:
I.-That the General Youth Law was issued by Legislative Decree No. 910, dated seventeen November of the year two thousand eleven, published in the Official Journal No. 24, Volume N ° 394, dated February 6, Twelve, with the aim of establishing the legal framework and the institutional framework for the actions of the State, in the implementation of public policies for the integral development of the young population.
II.-That to date, approximately four years have elapsed since the entry into force of the Law and, as a result of its application has identified the need to reform some articles, which respond to the new demands of national and regional reality.
III.-That with the purpose of updating and making the application of the same, have been carried out some reforms that include aspects related to the efficiency, in operational terms, of the institution, as well as the incorporation of an inclusive and participatory language in the implementation of the sectoral youth policies.
BY TANTO,
in use of its Constitutional faculties and at the initiative of the and the Deputies Norma Cristina Cornejo Amaya, Bonner Francisco Jiménez Belloso and Jaime Orlando Sandoval.
DECCRETA, the following:
Reforms to the General Youth Law
Art. 1.-Reform Article 1, as follows:
" Article 1. This Law is of social interest and aims to establish the legal framework and the institutional framework that the actions of the State in the implementation of public policies, programmes, strategies and plans for the integral development of youth and their linkage to active participation in all areas of national life. "
Art. 2.-Reform Article 3 (a), (b) and (c), as follows:
" a) Ensuring the fundamental rights of youth, as well as promoting the fulfilment of their duties in the framework of respect for their specificity;
b) Favor political, social, cultural, sports and economic participation of youth in conditions of equity and solidarity; and,
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c) Ensuring the existence of a public institutionality that develops and implements participatory, public policies aimed at youth to achieve their integral development. "
Art. 3.-Reform Article 4, as follows:
" Article 4.-The enjoyment of the rights and freedoms recognized by the youth in this Law does not support any distinction, exclusion or discrimination based on criteria, such as the gender, language, religion, affiliation, nationality, ethnicity, disability or any other personal, economic, political, social and cultural conditions or circumstances of the youth, which have as their object or result to undermine or cancel recognition, exercise of their fundamental rights and those established in this Law.
The provisions of the preceding paragraph do not preclude the establishment of special measures of positive action in favour of certain groups or groups of young people with a view to creating equal opportunities. "
Art. 4.-Reform Article 5, as follows:
" Article 5.-Gender equity is recognized in the enjoyment, exercise of the rights and duties of the youth, which implies the commitment of the State to promote public policies, programs and actions that guarantee conditions of equity in public functions, as well as participation in political, social, cultural, and other spaces of national interest, ensuring equal opportunities for youth in these instances. "
Art. 5.-Reform Article 6, as follows:
" Article 6.-The primary role of the family, the fundamental basis of society, is recognized as a natural and ideal means that guarantees the full development of young people, their role
State, through the implementation of public policies, will facilitate processes that guarantee the family inclusion of youth, for their physical, mental and moral development, spiritual, psychological, social and intellectual that allows their incorporation into the role of life collective with optimal levels of maturity.
The family will contribute in the exercise of the rights and duties recognized in this Law in favor of youth. "
Art. 6.-Reform Article 7, as follows:
" Article 7.-Youth shall enjoy and enjoy the fundamental rights recognized in the Constitution of the Republic, Treaties or International Agreements ratified by El Salvador. Salvador, and the contents of this Law. Consequently, it is the duty of the State to respect, guarantee the full enjoyment and exercise of its civil, political, economic, social and cultural rights.
The State will formulate policies and programs that encourage, maintain in a permanent way the
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contribution and commitment of youth to a culture of peace, respect for human rights, the dissemination of the values of justice, solidarity, citizens ' rights and duties and the knowledge of their cultural identity, encouraging participation and entrepreneurship to achieve their life projects. "
Art. 7.-Reform Article 8, as follows:
" Article 8.-All the rights of the youth recognized in the Constitution, International Treaties or Agreements ratified by El Salvador and the contents of this Law are unrenountable, inalienable, indomitable, indivisible and interdependent.
The State will perform positive affirmation actions aimed at equating opportunities for young people who are in situations of exclusion, vulnerability and discrimination recognizing the integrality, characteristics of this population. "
Art. 8.-Reform Article 9, as follows:
" Article 9.-Youth shall enjoy the following rights:
a) Right to human development in a comprehensive manner;
b) Right to the enjoyment and exercise of their citizenship, recognizing them without distinction as subjects of law and strategic agents of national development;
c) the right to political and democratic participation, as well as to be taken into account by the central and local government, in the design, implementation and monitoring of policies, programmes, plans, projects and actions directed towards youth;
d) Right to effective participation, in all areas of national life, of young people with disabilities;
e) Right to peace and a life in an environment free of violence, as well as to be guaranteed according to their specific needs, the right to public, legal and citizen security, against any kind of abuse or aggression;
f) Right to justice, which includes the right to denunciation, hearing, defense, and treatment fair and dignified, according to due process;
g) Right to equality in the enjoyment of freedom of thought, of conscience, of choice, of action, of religion or belief, of expression, of opinion, of association, of free movement and active participation in politics and national development;
h) Right to personal integrity, which recognition of their integrality in their biological, psychological, affective, spiritual, moral and socio-cultural dimensions;
i) the right to their own identity and personality, to have one nationality, and to acquire another one voluntarily, according to the The Constitution is ready. Your own identity
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further understands the formation of its personality, in attention to its specificities and cultural, gender, nationality, ethnicity, affiliation, belief and religion characteristics;
j) the right to honor, personal and family intimacy, to the image itself, and to not be discriminated against or stigmatized for their physical and mental condition, respecting their dignity;
k) Right to freedom of opinion, expression and information;
l) the right to freedom of assembly and association, as well as to constitute and participate in youth organizations and forums where youth-related issues are analyzed and can present proposals for policies, programs and plans to the youth. public bodies responsible for addressing issues relating to youth development;
m) the right to be an active part of a family that loves, supports, encourages and recognises as a subject of rights, promoting their education and guidance, with relationships where it presses affection, formation in values, respect and mutual responsibility among its members; as well as the right to be protected from all kinds of mistreatment or family violence;
n) the right to physical education and to practice any sport, enjoy recreation activities and access to recreational spaces for the positive, productive use of their free time and comprehensive health;
o) Right to education as a learning process that includes elements from school-based, non-school and informal learning systems, which contribute to the continuous and integral development of the young person. This right includes the free choice of the educational center and the active participation in the life of it;
p) Right to access knowledge and technology for their education, information, fun, leisure and communication. interests that enable them to reduce the digital divide by promoting access to new technologies;
q) the right to cultural development and access to cultural spaces as part of the guarantee to one's identity, free creation and expression, enjoyment and respect for artistic production and cultural heritage;
r) Right to the sexual education and comprehensive protection against sexual abuse;
s) the right to comprehensive and quality health, geared towards their specific needs, which should be understood as the result of the dynamic interaction of different spiritual, biopsychosocial, economic and environmental factors;
t) Right to first employment, which is compatible with their academic and family responsibilities, as well as working conditions on equal opportunities, treatment in on the inclusion, remuneration and promotion; and on the existence of programmes which promote decent work, job training, and especially care for the temporarily idle young population;
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u) Right to opt for non-discriminatory access to initial vocational and technical training, continuous, relevant and quality, that allows their incorporation into the work;
v) the right to have decent and quality housing that allows them to develop their life project and their family and community relationships; and,
w) Right to a healthy environment and living in a natural, healthy and balanced environment, ecologically sustainable and suitable for its development. "
Art. 9.-Reform Article 10, as follows:
" Youth Duties
Article 10.-They are youth duties:
a) Fulfilling the requirements of the Constitution, Treaties or International Agreements ratified by El Salvador, Laws, Regulations and Regulations in force;
b) Defender and disseminate the Human Rights and the special rights of youth, as the foundation of their recognition as strategic subjects in social, economic, political development and cultural;
c) Take a positive and receptive attitude in the process of your own education and training, as well as in the practice of legal, cultural, ethical, moral and spiritual values and principles;
d) Preserve their health, rejecting the trade, trafficking and consumption of narcotic drugs and substances prohibited by Treaties International ratified by El Salvador, Regulatory Law on Drug-related Activities, other Laws and Regulations;
e) Procurating the practice of physical and mental activities that enable them to live a healthy life;
f) peaceful and harmonious coexistence between the young population and the positive use of free time, as well as family love, solidarity and respect for parents and mothers;
g) To contribute actively to the respect, protection and conservation of the environment, recognizing it as a fundamental element in sustainable development and
h) To exercise suffrage and to actively participate in the political, civic, economic, cultural and community life of the country, to encourage its recognition as subjects of development; and,
i) To know and promote the real national history without ideological manipulation, artistic development, and caring for heritage cultural. "
Art. 10.-Reform Article 11, as follows:
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" Article 11.-It is the responsibility of the State, to ensure the full enjoyment and exercise of the rights and duties of the youth, recognized in the Constitution, Treaties or International Agreements ratified by El Salvador and those contained in this Law, for which it will create, implement and follow up to public policies that guarantee the free and integral development of youth. "
Art. 11.-Reform of Article 12, as follows:
" Article 12.-Policies for the promotion of youth rights are a set of guidelines of a public nature, issued by the competent bodies, from which they are programs, projects and actions aimed at ensuring the validity of the rights and duties of youth.
In the definition and implementation of youth policies, the institutions of the State will guarantee the participation of youth, either directly or through the youth organisations which are set up in accordance with the the Constitution and the secondary laws. "
Art. 12.-Reform Article 13, as follows:
" Article 13.-Youth development policies, programs and projects should consider the principle of decentralization, deconcentration and citizen participation, recognizing effectively the needs and particularities of the youth of each municipality and locality. "
Art. 13.-Reform Article 14, as follows:
" Article 14.-The National Youth Policy will provide the general guidelines on programs, projects and actions to be implemented to ensure compliance with rights and
The governing body of the National Youth Policy should promote coordination and coordination processes with the other institutions of the State to ensure that the creation, implementation and evaluation of Sectoral Policies, which from its content and objectives, will be implemented by the public bodies competent according to their nature.
The policy guidelines set out in this Law are basic and priority.
The agencies responsible for their promotion will have to consider in each case the circumstances and needs of the youth, in addition to the financial, technical and human capacities with which each institution counts. "
Art. 14.-Reform of Article 15 (a), (b), (c), (d), (f), (g) and (j), as follows:
" a) Promote the full participation of youth in the civic, political, social, economic, cultural and artistic fields;
b) Strengthen the mechanisms for communication, interaction and consultation so that the perspectives, opinions and recommendations of the youth are taken into account by the relevant public institutions;
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c) Facilitating youth access to media and technologies information;
d) Promote participation, organization, cooperativism and youth associativity, according to the Law;
f) Ensuring youth participation in the design, implementation and evaluation of policies, programs and national plans;
g) Stimulating international, national and local exchange of youth facilitating their participation in forums or meetings of youth organizations, as well as encouraging the creation of digital spaces for political participation and promotion of citizenship; and,
j) Promote by means of mechanisms The active participation of the youth in the important decision-making of the country. "
Art. 15.-Reform of Article 16, as follows:
" Article 16.-Policies for the prevention of violence and security of youth security shall:
a) Ensure the implementation of prevention programmes violence, through the practice of a culture of peace with values, attitudes, customs and individual and collective behaviors of mediation, conflict prevention and the practice of dialogue with respect and tolerance;
b) Protecting the youth from any form of exploitation, abuse, torture, abuse or neglect affecting their right to personal integrity;
c) Promoting due respect for the identity of young people, ensuring the eradication of situations that discriminate against them in any of the aspects concerning their person, taking the necessary measures to to avoid any exploitation of their image or practices against their physical, mental and spiritual condition that will undermine their personal dignity;
d) Adopt the necessary measures for the prevention of human trafficking and exploitation in all its forms, sexual tourism and any other type of violence, abuse or abuse on the young population; and promoting physical, spiritual, psychological, social and economic recovery of victims;
e) Establishing special programs for the protection of the human rights of immigrant youth, as well as for the awareness of the risks and implications of migration civil and political rights;
f) Realization of special programs to combat violence generated from the media, and the use of new interactive social technologies and networks; and,
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g) Ensuring the right to public, legal and citizen security, against any type of abuse, as well as the right to prompt and fulfilled justice, with special emphasis on respect for due process regulated in the laws of matter. "
Art. 16.-Reform Article 17, as follows:
" Article 17.-Education policies aimed at youth should:
a) Promote mechanisms that guarantee a comprehensive, continuous, relevant and quality education that encourage the practice of values, respect for human rights, gender equity and national and cultural identity;
b) Ensure timely, relevant, equitable and quality education at all levels, promoting the arts, science and technology in the transmission of teaching, interculturality, respect for the different social, cultural or ethnic groups and widespread access to new technologies;
c) Creating and designing digital and interactive pedagogical content, as well as encouraging the positive use of new technologies;
d) Ensure the existence and access to comprehensive health and sexual education services and programs in order to strengthen responsible decision making and prevention of sexually transmitted infections (STIs), including HIV/AIDS, reduce and prevent the risks of sexual harassment and abuse and prepare them for maternity and responsible, healthy and risk-free parenting. The services and programs implemented will guarantee respect for the right to life from the moment of conception;
e) Create special mechanisms to enhance and guarantee the income of youth to higher education in conditions of equity, by signing agreements with universities or private training centers, through the granting of incentives for the increase of the student population's capacity for admission;
f) Prevent, punish and eradicate all the forms and practices of violence in education;
g) Prevent, sanction and eradicate all forms of physical or psychological punishment, or degrading disciplinary sanctions in schools;
h) Promoting and empowering youth with leadership;
i) Ensuring the free and effective functioning of governments
j) Establish mechanisms to strengthen the integration and strategic direction of the offer of scholarships, to determine the beneficiary population and the type of scholarship, national and international, prioritizing the access of people with limited economic resources and outstanding academic performance;
k) Promote work internships in the public and private sectors, focused on
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development needs of the country;
l) Promote research, training and creation scientific, technical and artistic;
m) Promote that the media issue educational messages that recognize and respect their integrality, the rights and needs of youth; and,
n) Ensure the permanence of young pregnant women in public education institutions, promoting non-discrimination to the root of their state and their right to education about any personal or family situation. "
Art. 17.-Reform Article 18 (a), (b), (d) and (h), as follows:
" a) Create, implement and follow up the programmes that guarantee the right to first employment for the youth, as well as ensure the creation of opportunities
b) Adopt the measures needed to formulate initiatives and strategies to enable young people to access and/or create employment options and to promote the creation of new jobs. the encouragement to private companies to promote activities of insertion and qualification in the
d) Ensure protection against economic exploitation and against any work that endangers the health, education and spiritual, physical and psychological development of youth. The necessary measures will also be taken to eliminate all forms of discrimination against young women in the workplace; and,
h) Promote and manage Conventions with the public and private financial system, for development individual and collective of entrepreneurs and entrepreneurs, micro-entrepreneurs and micro-entrepreneurs, or co-operators, with low-interest credit grants and assistance programmes. "
Art. 18.-Reform Article 20, as follows:
" Article 20.-Social and cultural inclusion policies, seek:
a) Establish special and preferential treatment for youth, taking into account their integrality, as well as as other situations of disadvantage or vulnerability, to create conditions of real and effective equality;
b) Ensuring positive actions for the social and cultural inclusion of young people with disabilities;
c) Ensure in the fulfilment and exercise of the rights and duties of youth with gender equity;
d) To promote educational, economic, social and cultural conditions that foster the moral values of the family, the cohesion and strength of family life and healthy development
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of the youth in your breast;
e) Facilitating the access of the young population to a housing with the implementation of credit and savings programs that facilitate their acquisition. Also create the conditions that promote the construction of housing for the youth, as a contributing factor to the optimal development, maturity and constitution of new families;
f) Ensuring compliance with the rights cultural, facilitating processes, programs and actions that guarantee cultural development, knowledge and dissemination of national identity, the protection of cultural heritage and the creation, access and enjoyment of artistic expressions. The guarantee of the cultural rights of youth, includes establishing mechanisms for the respect and enforcement of workers ' rights of culture and art; and,
g) Formulating programs that guarantee the the right to live in a healthy environment, as well as to encourage the proper use of natural resources in order to meet current needs without compromising the requirements of future generations, promoting awareness, responsibility, solidarity, participation and education and information Among the youth. "
Art. 19.-Reform Article 21 (a), (b), (d), (f) and (g), as follows:
" a) Promote creative options for the use of free time in favour of the integral development of youth, ensuring the active participation of society in the development of recreation, recreation, and rest programs that allow youth to develop their healthy development;
b) Encourage and incorporate youth initiatives related to recreation and the use of free time in programs and programs. projects to be executed;
d) Velar by the promotion of different forms, practices or modalities
f) Promote youth volunteering in social, cultural and environmental conservation programs; and,
g) Incorporate in urban planning and in urban planning. Rural development needs the recreation of youth. "
Art. 20.-Reform Article 22, as follows:
" Art. 22.-Create the National Youth Institute, as a decentralized institution of the Presidency of the Republic. For the purposes of this Law, the National Youth Institute may be called "The Institute" "INJUVE", without distinction. "
Art. 21.-Reform Article 24, literal b), as follows:
" b) Coordinate actions, plans, projects and programs with International Organizations,
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Government Institutions, Municipalities, Non-governmental Organizations, Organizations Youth, Private Enterprise and other entities and natural persons it deems appropriate, for the implementation of public policies. "
Art. 22.-Reform Article 25 (c) and (d), as follows:
" c) Carry out and promote studies, diagnostics and analyses that contribute to a better understanding of the political, economic, social and cultural situation of youth; and,
d) Receive and channel proposals, suggestions and concerns of youth. "
Art. 23.-Reform Article 27, as follows:
" Art. 27.-The Board of Directors shall be composed of:
a) President or President to be appointed by the President of the Republic, for the duration of his term of office, who shall meet the same requirements as are required to be Minister of State, and the holders of the following Institutions;
b) Ministry of Education;
c) Ministry of Labour and Social Welfare;
d) Ministry of Health;
e) Ministry of Justice and Public Security;
f) Secretary of Social Inclusion of the Presidency;
g) Secretary of Culture of the Presidency;
h) National Institute of Sports of El Salvador;
i) Ministry of Environment and Natural Resources;
j) Ministry of Agriculture and Livestock; and,
k) Four representatives of the youth organizations constituted legally or in the process of legalization, one for each regional zone of the country, elected within the National Council of the Young Person.
They will be alternates of the Board of Directors, the respective Vice-Ministers of the Ramo that will integrate it and others representatives of the institutions holding the immediate hierarchy below the holder; in the case of the alternates of the representatives of the youth organisations referred to in paragraph (k) of this Article shall be elected in the same way as the holders. Board members will be on a diet for each session to attend, which will be regulated in the Institute's Rules of Procedure.
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Public servants who integrate the Institute's Board of Directors will last in their duties the period in which they exercise their positions.
In the case of representatives of the youth organizations that are part of the Board of Directors, they shall integrate the same for a period of three years. The mechanism of his election and the causes of his removal will be based on the procedure that the Rules of Procedure of this Law dictate. "
Art. 24.-Reform Article 34 as follows:
" Art. 34.-The Institute will have a National Council of the Young Person, which will aim to propose, evaluate, promote and make social contract on the public policies of the National Youth Institute, which will have a
Council will be integrated by one or a young representative of each Department of the country, making a total of fourteen young Salvadorans, democratically elected and representative of the entire national territory, whose the age of 15 to 29 years, taking into account the approach of the gender.
The fourteen members of such a Council will be elected by associations, foundations legally constituted and registered, or in the process of legalization; as well as youth organizations, as long as they do work for youth at community, political, social or cultural level from public or private sectors, attending regional assemblies, publicly convened by the President of INJUVE. In the calls, the requirements for candidate registration will be established.
Counselor posts will be ad-honorem and will be performed for a period of three years. The Council shall be renewed for half every 18 months. The requirements for the integration of the Council, as well as the powers and functioning of the Council, shall be laid down in the Regulation of this Law. The Council shall draw up its own Rules of Procedure. "
Art. 25.-This Decree will enter into force eight days after its publication in the Official Journal.
GIVEN IN THE BLUE HALL OF THE LEGISLATIVE PALACE: San Salvador, at the seventeen days of the month August of the year two thousand sixteen.
LORENA GUADALUPE PEÑA MENDOZA, PRESIDENT.
GUILLERMO ANTONIO GALLEGOS NAVARRETE, ANA VILMA ALMASEZ DE ESCOBAR, FIRST VICE PRESIDENT. SECOND VICE-PRESIDENT.
JOSÉ SERAFIN ORANTES RODRÍGUEZ, NORMAN NOEL QUIJANO GONZÁLEZ, THIRD VICE-PRESIDENT. FOURTH VICE-PRESIDENT.
SANTIAGO FLORES ALFARO, FIFTH VICE PRESIDENT.
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GUILLERMO FRANCISCO MATA BENNETT, DAVID ERNESTO REYES MOLINA, FIRST SECRETARY. SECOND SECRETARY.
MARIO ALBERTO TENORIO GUERRERO, REYNALDO ANTONIO LÓPEZ CARDOZA, THIRD SECRETARY. FOURTH SECRETARY.
JACKELINE NOEMI RIVERA AVALOS, JORGE ALBERTO ESCOBAR BERNAL, FIFTH SECRETARY. SIXTH SECRETARY.
ABILIO ORESTES RODRÍGUEZ MENJÍVAR, JOSÉ FRANCISCO MERINO LÓPEZ, SEVENTH SECRETARY. EIGHTH SECRETARY.
CASA PRESIDENTIAL: San Salvador, seven days of the month of September of the year two thousand sixteen.
PUBESLOSE, Salvador Sánchez Cerén,
President of the Republic.
Ramón Aristides Valencia Arana, Minister of Government and Territorial Development.
D. O. No. 165 Took No 412 Date: September 7, 2016
JQ/geg 03-10-2016
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