Laws of Guatemala

« This law will not protect families or lives; It will fuel hatred and discrimination and endanger the lives and rights of countless people. It is troubling that the Guatemalan Congress wants to waste time and resources passing laws that will only exacerbate the myriad of social problems and human rights violations that affect so many people in the country, rather than trying to solve them, » said Erika Guevara-Rosas, Americas Director at Amnesty International. The Committee noted Guatemala`s efforts to bring its legislation into conformity with the Convention, including by adopting a law to combat sexual violence and trafficking in persons. However, the commission also regretted « inadequate enforcement of existing laws » and the remarkable « lack of criminal investigations » in the judicial system. The Guatemalan Congress (Congreso de la República) maintains an official website in Spanish (www.guatemala.gob.gt/) with a section for current and proposed laws (www.congreso.gob.gt/gt/leyes.asp). Guatemalan legislation is also accessible in Spanish through non-governmental websites such as Latin Laws (www.latinlaws.com/guatemala_en.html) and World Law Guide (www.lexadin.nl/wlg/legis/nofr/oeur/lxwegua.htm). New York University`s GlobaLex initiative has published a useful guide to legal research in Guatemala (www.nyulawglobal.org/Globalex/Guatemala.htm), and the United States Library of Congress (www.loc.gov/law/help/guide/nations/guatemala.php) and the World Legal Information Institute (www.worldlii.org/gt/) have compiled a selection of relevant links. www.austlii.edu.au/catalog/2292.html. The Constitution of the Republic of Guatemala is available in Spanish at pdba.georgetown.edu/constitutions/guate/guate93.html. The law would amend the penal code to criminalize miscarriages and impose prison sentences on anyone who « promotes or facilitates access to abortion. » It also explicitly prohibits same-sex marriage and the teaching of sexual diversity and gender equality in schools, and prohibits the persecution of individuals or groups for discriminating against others on the basis of their sexual orientation. Abstract: An overview of Guatemala`s national legislation on the rights of the child, including guidance on how to conduct further research. Spanish national laws on the rights of the child Status of the Convention on the Rights of the Child in domestic lawArticle 46 of the Guatemalan Constitution establishes « the general principle that, in the field of human rights, treaties and conventions adopted and ratified by Guatemala take precedence over domestic law ». Constitution: The Guatemalan Constitution contains a number of provisions that deal directly with the rights of the child: article 20, which stipulates that minors who break the law cannot be charged with an offence and that their treatment must be appropriate to their age and education.

Article 51, which guarantees the protection by the State of the physical, mental and moral health of children and guarantees the right of children to food, health, education, social security and insurance. Article 71, which establishes the right to education without discrimination. Legislation: Guatemala adopted in 2003 a law on the comprehensive protection of children and adolescents (Protección Integral de la Niñez y Adolescencia: PINA) with the aim of eliminating discrepancies between the Children`s Code and the Convention on the Rights of the Child. Certain provisions of the Criminal Code, the Civil Code and the Code of Civil and Commercial Procedure deal with certain aspects of children`s rights; Other laws relating to the rights of the child include, but are not limited to: National Education Act Ordinance on the Occupational Health and Safety of Working Children and Young Persons Adoption Act (2007) Law against Sexual Abuse, Exploitation and Trafficking in Human Beings (2009) Early Warning System Act (2010) The Law on Universal and Equal Access to Family Planning Methods and its inclusion in the Programme The Guatemalan Congress (Congreso de la República) maintains an official website in Spanish (www.guatemala.gob.gt/) with a section for current and proposed laws (www.congreso.gob.gt/gt/leyes.asp). Guatemalan legislation is also accessible in Spanish through non-governmental websites such as Latin Laws (www.latinlaws.com/guatemala_en.html) and World Law Guide (www.lexadin.nl/wlg/legis/nofr/oeur/lxwegua.htm). New York University`s GlobaLex initiative has published a useful guide to legal research in Guatemala (www.nyulawglobal.org/Globalex/Guatemala.htm), and the United States Library of Congress (www.loc.gov/law/help/guide/nations/guatemala.php) and the World Legal Information Institute (www.worldlii.org/gt/) have compiled a selection of relevant links. www.austlii.edu.au/catalog/2292.html. The Constitution of the Republic of Guatemala is available in Spanish at pdba.georgetown.edu/constitutions/guate/guate93.html. Case law on the CDEAumbilical contact CRIN if you are aware of cases brought before national courts concerning the Convention on the Rights of the Child. Case law The Guatemalan judicial system maintains an official website in Spanish (www.oj.gob.gt/) containing a comprehensive legal database (www.oj.gob.gt/index.php/leyes). The Committee noted Guatemala`s efforts to bring its legislation into conformity with the Convention, including by adopting a law to combat sexual violence and trafficking in persons. However, the commission also regretted « inadequate enforcement of existing laws » and the remarkable « lack of criminal investigations » in the judicial system.

Guatemala has taken steps to harmonize its legislation with the Convention on the Rights of the Child in various aspects of children`s rights, including the adoption of a National Plan of Action for Children 2004-2015 and its efforts to promote human rights in government agencies and non-governmental organizations. However, not all issues raised in the Board`s previous observations and recommendations have been adequately addressed. The practical impact of the legislative changes has been insufficient, particularly on financial issues (as in the case of the Ombudsman`s office) and structural issues (e.g. lack of coordination between different legal institutions and bodies, as well as with NGOs). Legal reform projects in progressPlease contact CRIN if you are informed of ongoing legal reform projects. Providers of electronic communications services must include in the contract concluded with the user information on the retention, duration and processing of traffic data. The Law on electronic communications provides that such traffic data may only be processed by data subjects authorised by providers of electronic communications services, namely those responsible for billing or traffic management, customer service, marketing, fraud detection or the provision of value-added services, provided that the processing of traffic data is limited to the extent of their respective activities. should be limited. Article 71, which establishes the right to education without discrimination. In line with the responsibility to give instructions for the measures to be taken for the activity of certain sectors, the Commissioner issued two instructions: controllers who wish to transfer personal data to other countries where there is no adequate protection of personal data may complete a request form « To authorize the transfer of personal data to a State, which does not have an adequate level of data protection, authorising the Commissioner`. By contrast, Law No 9918 of 19 May 2008, entitled `On electronic communications in the Republic of Albania`, as amended (`the Law on Electronic Communications`) (Official Gazette of the Republic of Albania No 84 of 10 June 2008), provides for an additional procedure for reporting offences.

The notification procedure and the publication of the information it contains are essential to ensure public transparency and, therefore, to protect personal data. Access to the electronic register of controllers gives the public the opportunity to understand how personal data are processed by supervisory authorities. Do not take unauthorized photos, especially of children. This is particularly important in more remote areas such as the provinces of Quiché, Petén, San Marcos and Chiquimula. There have been attacks related to allegations and fears of abduction of children for adoption or theft of vital organs. Foreigners are involved in the violence. You may be asked to pay a small amount of money to take pictures of children and adults. However, if the Entrepreneur has demonstrated to AEPC that it has taken the necessary technical protection measures and that these measures have been applied to the relevant data, the Entrepreneur is not obliged to inform the subscriber or the individual of the personal data breach. These technical safeguards ensure that personal data becomes unreadable to anyone who does not have authorized access to the data. Constitution: The Constitution of Guatemala contains a number of provisions that directly address the rights of the child: It should also be noted that, according to a notice of the Commissioner for the Protection of Personal Data published on the websites of public and private officials, data subjects have the right to be informed by the Data Controller if their personal data have been compromised (lost or stolen data, or if their online privacy is likely to be negatively affected).