The protection of vulnerable populations is an issue of great importance on which people often have doubts about how the interests of these populations are represented and protected, for this the new Family Procedural Code which will come into force on 01 October 2022 provides us many answers.

The vast majority of family processes have minors as protagonists, who require specialized and differentiated treatment. According to article 41 of the New Code, all persons over 12 years of age are recognized as having personal and full exercise of procedural capacity to act on the established processes. Said article also makes an exception in the event that the minor person prefers that his or her parents or other representatives act on his or her behalf.

In the case of persons under 12 years of age, the judicial authority must call the person exercising parental responsibility, or in case that this is lacking, someone assigned by the National Children’s Trust (PANI). Despite not being able to exercise their procedural capacity, the person under 12 years of age will have the right to be heard and to actively participate in the judicial process, this will be progressively and in accordance with their volitional capacity, always under the discretion of the Judge or the Court, which must previously assess the minor.

For minors who lack sufficient economic means, the State will guarantee free legal assistance and sponsorship, so that they can assert their rights before the judicial authorities, according to article 42 of the new Family Procedural Code. The State is also in charge of guaranteeing all minors all the rights contemplated in the Political Constitution, the Convention on the Rights of the Child and any other international treaty or agreement.

However, article 44 of the new Code establishes that in the family courts and tribunals, the rights and principles established by the Political Constitution, in addition to any other international instrument and the laws of this matter, must be guaranteed to persons with disabilities, among which are:

● Respect for their status as a person with equal legal opportunities in relation to other people.
● Respect for their identity, dignity, individual autonomy, freedom to make their own decisions and independence.
● Non-discrimination.
● Accessibility to the judicial or administrative system.
● Respect for the evolution of the faculties of people with disabilities.

To ensure this, the Judiciary System, CONAPDIS, CONAPAM and other institutions responsible for ensuring the rights of persons with disabilities must adopt the necessary measures to provide this population with the particular support they require in the exercise of their rights.

Minors and people with disabilities are vulnerable populations, who deserve special protection for their rights and respect for their condition; situations that the new regulations expressly foresee.

If you require advice on Family Law, ERP Lawyers has a specialized team in this field. Do not hesitate to contact us at info@erplawyers.com