The role of the Security Forces and Bodies in the Law for the comprehensive protection of children and adolescents against violence –

Natural Regulation 8/2021, of June 4, on the excellent safety of kids and adolescents in opposition to violence, which is able to come into power on June 21, dedicates its Chapter X to “the Safety Forces and Our bodies”. It’s commendable that prevention and motion are particularly regulated in conditions of violence that minors could also be subjected to., and that it’s devoted (though it solely accommodates two articles), additionally, particularly, a Chapter to the work of the Safety Forces and Our bodies.

In its article 49 it imperatively establishes the creation of items specialised in investigation, prevention, detection and motion in conditions of violence in opposition to youngsters and adolescents, making specific reference to the police of native entities, assuming an advance to what’s established in Natural Regulation 1/2004, of December 28, on Complete Safety Measures in opposition to Gender Violence, which solely talked about the Native Police as mere cooperators within the management of the safety measures to be adopted.

The duty to create specialised items might be interpreted as an issue within the police of small municipalities because of the shortage of human assets, however within the case of a authorized imposition, this impediment should get replaced with the particular dedication that the group of minors deserves. previous. The textual content doesn’t present any novelty in any of the motion standards contained in article 50, already cited above in Natural Regulation 1/1996, of January 15, on the Authorized Safety of Minors, and which had been scrupulously utilized by police and civil guards. Thus, making certain respect for the rights and the most effective pursuits of minors, or decreasing the observe of procedures involving minors to those who are strictly vital, making statements on a single event with the intervention of pros. with particular coaching.

The identical might be stated about the precise of the minor to be accompanied by an individual of their belief freely designated by him, or the avoidance of contact with the individual below investigation, which had been embodied in articles Four and 20 of Regulation 4/2015, of April 27, of the Statute of the sufferer of the crime. For my part, two points deserve particular remark: the potential for making a criticism by the minor with out being accompanied by an grownup, and the duty that the police have protocols for prevention, consciousness, early detection, investigation and intervention in conditions of violence exerted on minors.

The formulation of the criticism is an act of nice significance, because it should include all the weather that permit assessing the necessity for cover measures and supply an account of info that clearly delimits each the legal offense and the mitigating or aggravating circumstances. Solely on this approach will it’s potential to stop the minor from declaring a number of occasions or having to hold out investigation procedures that have an effect on her or him. Thus, the chance that they denounce themselves ought to be certified. The Regulation itself does so in its article 52.three referring to complaints concerning knowledge safety, during which the receiving public official has to estimate whether or not the minor has ample maturity.

However that maturity doesn’t assure the safeguarding of the minor’s curiosity, and I perceive that they need to be assisted by specialised attorneys previous to the criticism, as is completed with victims of gender violence (Protocol of motion and coordination of the Forces and Corps of State Safety and attorneys within the face of gender violence regulated in LO 1/2004, of December 28, on complete safety measures in opposition to gender violence). The intervention of the lawyer doesn’t limit the liberty of the minor to specific himself and makes it potential for the criticism to include the required components.

The opposite subject is that of police motion protocols. Being the curiosity of the minor a precept worthy of the best safety, A single protocol ought to be printed for all Safety Forces and Our bodies. It exists for the case of victims of gender violence, and it ought to exist for the therapy of violence in opposition to youngsters and adolescents. Solely on this approach can it’s assured that every one minors residing within the nationwide territory are beneficiaries of the identical rights.

Failure to approve a single protocol might generate a sort of peasantism just like the one that happens in some issues that additionally have an effect on minors. By the use of instance, though many may very well be cited, within the case of reconstituted households the potential for exercising parental authority is just contemplated within the Aragonese and Catalan foral laws, omitting Frequent Regulation, and the identical happens in issues such because the entry to parenting coordination. It’s It’s due to this fact advisable {that a} single motion information device be carried out all through the State., and extra, taking into consideration that the Regulation imposes the creation of specialised items within the Native Police, very various when it comes to materials and human assets and when it comes to intervention standards.

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