Bill 589.

Summary.

The bill establishes a special framework for comprehensive protection and financial reparation for daughters and sons of women killed by femicide who are orphaned as a direct result of the crime. It requires competent public bodies to take part in their care. Eligibility covers persons under eighteen (18); adults with a certified disability that limits their economic independence; and persons continuing formal education up to twenty-five (25) years of age. It defines the benefit, provisional recognition, legal representation, orphanhood resulting from femicide, and a femicide victim. Its guiding principles are the best interests of children and adolescents, comprehensive protection, prevention of further victimization, priority access to public services, and confidentiality of personal data.

The Economic Reparation Benefit would be a monthly payment toward beneficiaries’ upkeep and development. Its amount would be no less than thirty-five percent (35%) of the highest applicable monthly statutory minimum wage in the Republic of Panama (República de Panamá); recognition and payment would depend on budgeted funds. The lead agency would have thirty (30) business days from submission of complete documentation to decide an application. Missing that deadline would entail administrative responsibility without removing the duty to decide. The benefit would be personal, nontransferable, exempt from attachment, and incapable of waiver. Where a beneficiary also receives state disability payments serving an equivalent purpose, the lead agency could adjust the benefit, partially suspend it, or make it complementary. Where applicable, a legal representative would manage it solely for the beneficiary’s welfare.

The bill provides free, priority access to public physical and mental health services, including specialized trauma and bereavement care. In public education, it provides for admission, continued enrollment and study, immediate registration, free access, and priority for scholarships, financial support, and educational counseling. It also provides free legal assistance and representation in proceedings arising from orphanhood or the protection of rights. Upon the formal charging of a person with femicide, the Public Prosecution Service (Ministerio Público) would immediately request provisional suspension of parental authority and management of beneficiaries’ property, subject to a court decision. An accused or convicted person could neither manage nor receive payments under the framework. A final conviction would permanently remove those rights under family law. Following a final conviction, a judge could authorize a change to a minor beneficiary’s surnames at the legal representative’s request. The Civil Registry (Registro Civil) would process the court decision free of charge, promptly and confidentially.

The Ministry of Social Development would lead the framework and maintain a confidential national register of beneficiaries. It would submit an annual public report on beneficiaries, funding, service coverage, and results to the National Assembly (Asamblea Nacional) and the Executive Branch (Órgano Ejecutivo), while protecting personal data. Recognition could begin on the agency’s initiative or upon request once an investigation of suspected femicide becomes known. A reasoned administrative decision would grant immediate provisional access to benefits during the criminal proceedings. If a final acquittal rules out femicide, the lead agency would assess continuation of the payment and enrollment in other social protection programs. The Ministry of Social Development would coordinate with the Judicial Branch (Órgano Judicial), the Public Prosecution Service, the Ministry of Health (Ministerio de Salud), the Ministry of Education (Ministerio de Educación), and the National Secretariat for Science, Technology and Innovation (Secretaría Nacional de Ciencia, Tecnología e Innovación, SENACYT).

Funding would be included annually in the General State Budget. The Executive Branch would issue implementing regulations within ninety (90) calendar days of promulgation, and the framework would operate alongside existing family, child, adolescent, and victim protection law. Daughters and sons of victims of earlier femicides could enter the framework after administrative verification of eligibility. The proposed law would take effect one (1) year after promulgation. Its provisions concern the named public bodies and the health, education, legal assistance, social protection, and family care sectors.