Summary.
The draft bill proposes that the protections for complainants established by the laws of the Republic be applied promptly to educators who, in the course of their duties, report violence or violations of the rights of children and adolescents. It defines an “Educator Protector” as a teacher, school administrator, or educational system authority who communicates or reports possible incidents of that kind to a competent authority. The definition covers both communicating information and filing a report, and connects the educator’s action to the protection of minors’ rights.
If an educator who has filed a report faces threats, intimidation, harassment, or retaliation arising from a report made on behalf of children or adolescents, the draft bill requires the competent authorities to adopt timely protective measures. To guide that response, it assigns the Ministry of Education (Ministerio de Educación) responsibility for developing procedures for the “Educator Protector” as a complainant, in coordination with the Public Prosecutor’s Office (Ministerio Público), the National Police (Policía Nacional), and the National Secretariat for Children, Adolescents and Family (Secretaria Nacional de Niñez, Adolescencia y Familia, SENNIAF).
The Ministry of Education would also run ongoing training programs on those procedures and awareness programs concerning the prevention, detection, and reporting of violence against children and adolescents. The Office of the Ombudsman (Defensoría del Pueblo) and the Child and Adolescent Jurisdiction (Jurisdicción de Niñez y Adolescencia) would support those programs. The text further provides for annual nationwide training and awareness campaigns concerning verbal, physical, psychological, and sexual abuse of children and adolescents. These activities accompany the procedures and protective measures directed at educators who file reports.
All educational institutions nationwide would have to display posters addressing the prevention of physical, psychological, and sexual violence against children and adolescents. The posters would be placed at each school entrance and in every classroom, dining area, and library. They would encourage minors to report incidents and approach their educators, and would provide telephone numbers and email addresses for that purpose. The information received would be handled anonymously. The draft bill directs the Executive Branch (Órgano Ejecutivo) to issue implementing regulations within six months of promulgation and provides for the proposed law to take effect on the following day. It makes no express amendments to other laws.
The proposal concerns the work of the Ministry of Education, the Public Prosecutor’s Office, the National Police, the National Secretariat for Children, Adolescents and Family, the Office of the Ombudsman, and the Child and Adolescent Jurisdiction. Its background refers to technical meetings before the Government and Justice Committee (Comisión de Gobierno y Justicia) of the National Assembly (Asamblea Nacional). Its provisions could affect or interest teachers, school authorities, educational institutions, students, and families.
What it proposes.
- Protection of educators who report violence or violations of minors’ rights.
- Procedures and training for educators who make reports.
- Prevention campaigns and posters in educational institutions.
Who it would affect.
- Teachers, school administrators, and educational authorities who communicate or report incidents.
- Competent authorities responsible for protection.
- Educational institutions nationwide.
- Children and adolescents in educational settings.
Key points.
- Proposes prompt application of statutory protections for complainants to educators who report covered incidents.Art. 1
- Defines an “Educator Protector” as a teacher, school administrator, or educational authority who communicates or reports possible violence or violations of minors’ rights.Art. 2
- Requires timely protection against threats, intimidation, harassment, or retaliation arising from a report.Art. 3
- Calls for coordinated procedures and ongoing training and awareness programs.Arts. 4-5
- Provides for annual nationwide campaigns on verbal, physical, psychological, and sexual abuse of minors.Art. 6
- Requires prevention posters throughout educational institutions, with reporting contacts and anonymous handling of information.Art. 7
- Provides for Executive Branch regulations within six months of promulgation and entry into force on the following day.Arts. 8-9