The Ombudsman supports the bill that prohibits and penalizes improper relationships. Therefore, the official sent a report to the Constitutional Court, requesting the dismissal of the motions submitted against the initiative.
The bill was approved in the first reading and it was sent to consultation before the Constitutional Court because 12 lawmakers believe it could violate the Iberoamerican Convention on Youth Law and the Principle of Primacy of Reality.
According to the Ombudsman, the provisions of the Convention are applicable to minors to the extent that they are more beneficial than the rights recognized in the Convention on the Rights of the Child (CRC), which include the right to be protected against any form of physical, mental, sexual abuse, maltreatment or exploitation.
Article 20 of the Convention states that the right to found a family shall be exercised in accordance with the civil capacity established in the domestic law of each country.
Therefore, for the Ombudsman’s Office the arguments presented against the bill are not valid, since this initiative intends to respect the commitments made by the country in adopting the Convention on the Rights of the Child.
The official believes it’s vital that the Chamber declares the nonexistence of defects or unconstitutional procedures in the bill against improper relations.