Draft bill 411.

Summary.

The draft bill proposes a special system for the children of women killed in a femicide who are orphaned as a direct result of the crime. It would require competent public bodies to participate in their protection and care. Eligibility would extend to children under eighteen (18), adults with a certified disability, and those who, up to twenty-five (25), establish that they remain in formal education. The bill defines the Economic Reparation Allowance, provisional recognition, legal representation, and orphanhood resulting from femicide. Its application would be guided by the best interests of children and adolescents, comprehensive protection, avoidance of renewed victimization, priority access to public services, and data confidentiality.

The proposed allowance is a monthly benefit that is personal, nontransferable, protected from attachment, and nonwaivable. Its amount would be no less than fifty percent (50%) of the highest current statutory monthly minimum wage in the Republic of Panama (República de Panamá); recognition and payment would depend on funds allocated for that purpose. The Ministry of Social Development (Ministerio de Desarrollo Social), as the lead agency, would have thirty (30) working days from submission of complete documentation to decide an application. Failure to meet that deadline would give rise to administrative liability without ending the duty to decide. The allowance would be compatible with scholarships and other state assistance that does not have the same reparative character. Where legal representation is required, the person exercising care, custody, guardianship, or representation would administer it solely for the beneficiary’s welfare.

The bill provides for free, priority access to public physical and mental health services, including specialized trauma and bereavement care, and for access to and continued enrollment in official basic, secondary, and higher education. It calls for immediate enrollment, free education, priority for scholarships, and educational and psychological support. It also grants free legal assistance and representation in proceedings arising from orphanhood or the protection of rights. Following the filing of femicide charges, the Public Prosecutor’s Office (Ministerio Público) would request provisional suspension of parental authority and control of the beneficiaries’ property; the competent court would decide the measure. A person charged or convicted could neither administer nor receive the allowance on a beneficiary’s behalf. A final conviction would bring about permanent loss of those rights. At the request of a beneficiary or legal representative, a competent judge could authorize an adjustment to or suspension of surnames; the Civil Registry (Registro Civil) would carry out the decision through a free and confidential procedure.

The Ministry of Social Development would direct the system and maintain a national administrative, confidential, nonpublic register to identify and monitor beneficiaries. The recognition procedure would begin on the authority’s initiative or at a party’s request once an investigation of a suspected femicide became known. A reasoned administrative decision would recognize beneficiary status; provisional recognition would permit immediate access to benefits while criminal proceedings continued. If a final acquittal ruled out femicide, the lead agency would assess whether the financial benefit should continue and, if necessary, arrange entry into other social protection programs. Necessary resources would be included annually in the General State Budget. The Executive Branch (Órgano Ejecutivo) would issue implementing regulations within ninety (90) calendar days of promulgation. The proposed system would operate alongside existing family, child and adolescent, and victim protection legislation; earlier cases could also qualify after administrative verification. It would take effect upon promulgation.

Implementation would involve the Ministry of Social Development, the Judicial Branch (Órgano Judicial), the Public Prosecutor’s Office, the Ministry of Health (Ministerio de Salud), the Ministry of Education (Ministerio de Educación), the National Secretariat for Science, Technology and Innovation (Secretaría Nacional de Ciencia, Tecnología e Innovación, SENACYT), and the Civil Registry. The measures could concern families and legal representatives, persons with disabilities, students, and public health, education, and social protection services.