2023-08-15 01:05:37
Four years after the sanction of the norm that creates the figure of the Children’s Lawyer in Córdoba, 16 specialists –mostly from the Legal Profession– present a book that serves as a guide and tool for the implementation of Law 10,636.
The book, coordinated by Vanina Lamberti and Cecilia Battistini, will be presented this Tuesday at 5:30 p.m. at the Córdoba Cultural Center, where the compilers will speak as well as the specialists Marisa Herrera and Martín Fresneda.
Law 10,636 was enacted in June 2019 and was regulated in February of this year, for those boys and girls under 18 years of age who, due to different circumstances, need legal representation that is not paid for by their parents or legal guardians (if any). , and to appear as a defender of individual and collective rights in any administrative or judicial proceeding.
VANINA LAMBERTI. President of Ielsa (Nicolás Bravo / File)
The idea of translating this interpretation of the law into a book was the first objective of the Institute of Lawyers for Children and Adolescents (Ielsan) that was created last year in Córdoba. “Our first action as an association was to begin developing this book of commented doctrine to give strength to the application of the law. We as an association contributed to the drafting of the standard and it seemed important to us to make a kind of manual or guide”, indicated Lamberti.
According to the lawyer, the book does not come to “close discussions” or provide “all the answers”, but to open and continue building, to give rise to the exchange of opinions and voices.
ADVOCATE FOR THE CHILD. The book that seeks to be a guide for the implementation of the law.
Disseminating the spirit of the law and how is the practical implementation and the jurisprudence that exists up to today, allows lawyers as well as court officials to know when and how to request the intervention of the Child’s Lawyer.
According to Lamberti, its implementation has grown as there is more knowledge from the different actors involved in court cases.
What is it and when does it apply?
The figure comes from the comprehensive protection paradigm in force since the Convention on the Rights of the Child ratified by Argentina, in which children are considered as subjects of law. From there and respecting the progressive capacity of a child or adolescent, he or she can request a lawyer to represent their interests in any judicial situation that affects them.
The figure is not the same as that of a “complementary representative”, who is a legal adviser to the State from the perspective of comprehensive protection, but from his point of view as an adult he offers an opinion in the judicial process on what he believes is best for That boy. In the case of the Child’s Lawyer, he must exclusively represent the interest that the child expresses to him.
Therefore, for the specialist it is an essential condition for the implementation of the figure that this child can and has the capacity to express his interest and be respectful in this process. Given the case, for example, a baby could not have a Child Advocate because he could not express his interest himself, but he can have a complementary representative who can analyze the situation and provide an opinion on what he believes is best for the situation of that baby.
ADVOCATE FOR THE CHILD. The book that seeks to be a guide for the implementation of the law.
It is common for this figure to be requested in cases that are processed in the courts for Childhood, Adolescence and Family Violence, in the Juvenile Criminal jurisdiction and in the Criminal jurisdiction when there is a child affected. The figure can be requested by the judge, a prosecutor or by the child or adolescent or their family, and this lawyer will always intervene in cases in which children are victims and provided they consent to the intervention.
In this sense, Lamberti recalled cases in which, despite the fact that the Court requested the figure and the child was informed about his right to exercise it, he decided that the legal representation that his family made in the case was enough.
Those who are interested in being a Child Lawyer must register on the list of the Bar Association and meet the requested requirements, such as specific training in this figure. The fees are borne by the Executive Branch through the Ministry of Justice.
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