Legal De La Familia En Venezuela

Modalities and programmes for final care: adoption According to article 406 of the LOPINA, adoption is a “protective institution whose purpose is to provide a substitute family, a permanent and appropriate family for the child or adolescent fit for adoption”. This, in turn, cannot be complete and is granted to persons under the age of eighteen up to the date on which adoption is requested, unless there is a family relationship between them and their adoptive parents. Even if the child or young person was integrated into the home of his or her prospective adoptive parents before reaching that age or if the son or daughter of the other spouse is to be adopted. The Constitution also enshrines in article 81 the right of persons with special abilities and needs to develop and be integrated into the family. Under the Constitution, both the State and the family are responsible for the integral development of children and adolescents, and they have an obligation to promote an egalitarian, safe and integral environment for the child. When does it make sense to separate children and youth from the family environment? Article 71 of the Constitution refers to two cases in which a minor has the right to separate from his family environment and to enter the sphere of a surrogate family, namely: (1) that it is impossible to live with his family and (2) that since it is possible to live and grow up in the family, It acts against your best interests. The same idea is reflected in Article 26.1 of the LOPINA. Family law is the set of legal rules and institutions that govern the personal and property relations of family members. The Office of the Ombudsman for Children and Youth is a public service that can be organized and developed by the municipality in which it is located or by society, with the aim of promoting and defending the rights of children and young people. The types of services they offer are set out in Article 202°.

The provision of their services must respect the principles of the best interests of the child, free of charge, confidentiality and advice, not taxation. Children and young people, their families or anyone with knowledge of situations that affect their rights may avail themselves of the services of the Office of the Ombudsman. A final power of the Ombudsman`s office, enshrined in Article 205, is to conclude cooperation agreements with public, private, mixed, national or international bodies. Article 126 adds that once the violation of the rights of the child or adolescent has been established, the authority may choose one of the ten protection measures, the first being the inclusion of the child in one of the programmes referred to in article 124, such as alternative foster care, which separates him from his family environment. The precautionary measure referred to in point (g) also allows any person who ill-treats the minor to be separated from the family environment. The second reason why the separation of the child from his or her family may take place under article 71 of the Constitution, “which is contrary to the best interests of the child”, could be better understood if we interpreted it in accordance with article 125, which provides for security measures. Protective measures are mechanisms imposed by public authorities when it is shown that one or more children or adolescents and their fundamental rights are infringed. This is the part of civil law that deals with family relations: marital relations, paternal-child relations, both personal and patrimonial, guardianship and other institutions for the protection of minors and disabled persons.

(b) support or guidance: the aim is to promote the integration of children and young people into their families and society and to promote the harmonious development of relations between family members; Once adoption has been ordered, the effects provided for in articles 425 et seq. shall be given with regard to filiation, kinship and the cessation of these ties with the persons of their family of origin, unless the adopted child is the daughter of the spouse of the adopted person. This procedure is subject to confidentiality criteria, including the content of the above-mentioned reports and adoption files. Only the adoptee or his duly notified representative shall have access to this information if his interest so warrants. At the level of international law, the right to family reunification of migrant families is of great importance to support the regularization of the migration status of their relatives. This right is extended by the Organic Law for the Protection of Children and Youth, hereinafter LOPINA, article 26 of which establishes the right of minors to raise a family and the right to life and development within their family of origin. In accordance with article 71 of the Constitution, it also provides for the possibility of raising them in exceptional cases and in the interests of the minor and of having the possibility of developing within a substitute family. Mention should also be made of article 5, which establishes the obligation of the family to ensure the full and effective enjoyment of the rights of the child and the guarantees that protect him.

In return, an ordinance on compulsory enrolment or sustainability in schools, schools or educational institutions may be issued; Care in the child`s or adolescent`s home through advice and assistance to parents, representatives or guardians in the performance of their duties and other temporary follow-up activities with the family and the child or adolescent within the framework of any of the above-mentioned programmes. Modalities and programmes of temporary care: accommodation in residential institutions This measure is implemented in a duly authorized institution in order to provide children and adolescents with temporary and extraordinary protection, care and care in conditions of separation from the family environment. These institutions constitute the child and youth protection system and their staff are obliged to report cases of threats or violations of the rights and guarantees of children and young people that come to their attention in the course of providing these services.