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LATINAMERICAN AND THE CARIBBEAN COMMITTEE FOR THE DEFENSE OF WOMAN’S RIGHTS

CLADEM-PANAMA

 

SHADOW REPORT

ON THE CONVENTION OF CHILDREN’S RIGHTS

RATIFIED BY PANAMA BY LAW 15 OF NOVEMBER 15th  AND 16th , 1990


 

INDEX

  

 

Págs

Panama’s present Context

3

Introduction

5

Children’s right to identity, responsible maternity and paternity

7

Children’s Protection against all forms of injury and  physical, psychological or sexual l abuse

 

10

Children’s right to Health and Social Security

13

Children’s protection against the economic exploitation

16

Children’s protection against all forms of sexual exploitation

  22

Presumably minor violators’ right  to be  worthily treated.

 

25

Conclusion

  29

Bibliography

30

Anexes

 


 

PANAMA’S PRESENT CONTEXT

The 2000 Population and Housing Census made in Panama registered a total of 2,815,644 inhabitants.  The country presents a descendent tendency in the annual growing rate average.  The internal migrations have moved rapidly in the last decades and these people generally take root in the main cities, making the spontaneous establishments in marginalized areas.

 

Men are the 50% of the population and women represent the 49,5%.  According to the General Controllership of the Republic, people’s life expectancy average was 74,45 years in 2000.

 

With respect to minors, children under ten are the 21.9% of the total population and those between eleven and nineteen the 19.6%.  The Indian population has a greater amount of children, representing the 32% of the total natives.

 

In Panama, the social cost has tripled in the last decades,  from 539,2 million dollars in 1980, to 1,820,7 in 1999.  Nevertheless, serious problems of quality, distribution and social equality create disadvantages for the people who do not perceive direct results or benefits.  In effect, according to the  Direction of Programming and Investments of the Ministry of Economy and Finances, some of the factors associated to the lack of social equity  are, among others:

1. Weak managing of the Public Institutions.

2. Lack of programs and projects continuity.

3. Centralization of decisions and resources managing.

 

For that reason, though important budget assignations to the social sector, a high level of poverty persists.  In fact, some estimations based on the 1997 Life Standards Survey indicate that 37% of the population live in poverty, affecting more than a million people, from these 19%  living under extreme poverty.

 

            Children between five  and nine representing the 50.4% and those between ten  and fifteen being the 45.8%,  live in poverty situation.  From a total of 887,000 under  fifteen;  441,200 faced  inequality,  exclusion and poverty.

 

The situation described above takes us to conclude that children’s condition of poverty matches the adults’ low levels and life quality. Unemployment, low wages, informality and women discrimination are some of the main causes of the problem,  restraining the  benefits of  children’s rights.


 

 

INTRODUCTION

In order to be attentive to the established demands in the Convention on Children’s Rights  and other International treaties ratified by Panama, the  Latin American and the Caribbean Committee for the Defence of Women’s Rights together with  its Collective in Panama, have coordinated  the elaboration of this Shade Report, which approaches relevant aspects on the Protection of Children’s rights.

 

Brief commentaries are presented to call the attention of important situations, mainly the concerning with the national and international norms our Government has fulfilled or must fulfil on this matter.

 

We can emphasize the use of statistical data to observe, to a certain extent, the impact of the legal norm,  policies, plans and programs aimed to  children and adolescents in relation to the developed matter;  evidencing, in some cases, the necessity to reinforce certain areas of attention and/or prevention for this sector of the population.

DUE TO THE FACT THAT PANAMA DOES NOT COUNT ON A CODE OF CHILDHOOD AND ADOLESCENCE, THOSE REGULATIONS ON THE PROTECTION OF CHILDREN’S RIGHTS ARE CONTAINED IN DIFFERENT LAWS.

 

OUTSTANDINGLY, THE EFFECTIVENESS OF THIS LEGISLATION WILL DEPEND ON THE DEVELOPMENT OF ALL THE LEGAL  STRUCTURES CONCERNED WITH NORMS AND THE PREVENTION AND ATTENTION PROGRAMS ON CHILDREN  AND ADOLESCENTS’ RIGHTS.

 

Immediately after, we present the Panamanian norm, some data and figures that will allow us to specially observe the reality of Panamanian children in relation to what is consecrated in the Convention of Children’s Rights approved by our country.

 

 

CHILDREN’S RIGHTS TO IDENTITY AND

RESPONSIBLE MATERNITY AND  PATERNITY

(Arts. 5, 7, 8 and 18 of the Convention on the Children’s Rights)

 

The Constitution of Panama protects child’s right to Identity in Title III, Individual and Social Rights and Duties, Chapter II, Family, article 57 on paternity.

 

All concerning Filiation is regulated in articles 235 to 289 of the Code of Family.

 

The Constitutional Principle on children’s equality indicates in its article 261[1] that children and adolescents can register their sons and daughters despite  not having  the legal age valid to contract marriage, taking into account the age of the son or the daughter who is going to be registered.

 

Law on Paternity Identification (Test of Genetic Marker or DNA)

Law No. 39 of April 30th,  2003  modifies and adds articles to the Code of Family on  Paternity Identification, and dictates other dispositions establishing a Special Process based on the effectiveness and certainty offered by the test of genetic marker DNA  to determine  paternity.

 

This is a new legal instrument whose  procedure can  assure who is the real child’s father for the requested  registration in the Civil Registry.

 

This social law has a  retroactive effect  when giving those fathers who had not registered their children  born before the law enforcement, a period of two years to establish the special process for this purpose.   For the children born  after,  the process  must be instituted during the first year from birth.

 

 Minors registered by their Mothers

According to statistical data of the Electoral Court, there is a growing tendency  of children registered only by their mothers, 19.5% between 1995 and  2000, meaning a  total of 33.656 inscriptions within the five years.  Additionally,  there are 11.636 children registered  with their mother’s last name  which  took place by office on the part of the Civil Registry.  We have then a total amount of 45.292 children who in the short term of five years were not identified by their fathers.[2]

 

Allowance as a right derived from the act of Registry

Internationally, Panama has ratified the Inter-American Convention on Allowances.[3]

 

In 1999, the Municipal Courts of Family were created by law.  However, a limited budget,  lack of judge assistants and reduced personnel to assist the large number of cases ( among them,  allowances and children registration) are some of the problems these legal offices present.[4]

 

If  these limitations are compared with the fact that  according to the 2000 census, the 24,35% of the Panamanian homes were constituted by single women with their  children,[5]  there is an evident  urgency to take care of these cases constituting a violation  to children’s rights.

 

According to data provided by the Judicial Organ informs 3,033 cases of allowances entered in 1999.  From these, 2.506 were of first instance and 527 of second instance; whereas  4.307 were presented in 2000  representing the  35% of the total assisted by this legal institution in this date.  Consequently, this situation shows children mistreatment when their basic necessities are not satisfied. [6]

 

The legislative improvements in this field are important and contribute to solve the interested population’s necessities.

CHILDREN`S PROTECTION AGAINST ALL FORMS OF INJURY OR PHYSICAL, PSYCHOLOGICAL OR SEXUAL ABUSE.

(Articles 6 and 19 of the Convention on Children’s Rights)

From the ratification of the Belem Do Pará Convention[7], Panama approved Law 27 of  June 16th, 1995, which typifies  domestic violence and children mistreatment as crimes.  By means of Law 38 of July 10th, 2001 articles are added to the Penal Code on these matters.  This Law abolishes articles of Law 27 of 1995 and dictates other dispositions.

 

Article 495 of the Code of Family considers maltreated and abandoned children as minors in difficult circumstances.  And in its article 500 on  maltreated minors, establishes that  “a child is maltreated when his or her physical or mental health or well-being is exposed to any damage due to actions or omissions of his or her parents, tutors, officers, guards or institutions responsible for his/her care or attention.

 

Law 38 of July 10th, 2001 on Domestic Violence, and Children and Adolescents mistreatment[8] which is a proposal presented by the National Net against Violence together with other Organizations before the Commission on Women Affairs, Youth, Children and Family Rights of the Legislative Assembly of the Republic of Panama, provides relevant  changes when expanding the  guarantees to those couples freely united (which were not included in Law 27). Protection measures for the surviving victims are created and penalties for the domestic violence and children and adolescents mistreatment crimes are increased  in Chapter V, Title V of the Penal Code, besides defining, expanding and including other Sexual and Economic aspects as another form of  Domestic Violence.

 

Qualitative and Quantitative aspects

In the Center of Victim Assistance  of the  Judicial Technical Police in Panama, according to the annual statistics from January to July 2000,  89 male and 72 female children were assisted because of  domestic violence,  costing  9,900 and 8,000 dollars respectively.[9]

 

Also, data of August, 2000 provided by this Panamanian Institution shows 51 rapes denounced, 98% against women.  Among these victims,  one was between  5 to 9 years old;  44% aged from10 to 14, and 16% from 15 to 17;  thus, 62% of the victims were under age.

 

According to information from the Children Hospital,[10]  166 cases of violence against children were assisted in 2001.   From this amount, 65  attended due to physical maltreatment, 79 to sexual abuse, 11 to negligence, 10 to abandonment and 1 was a self attempt associated  to mistreatment.

 

            The 2000 Report Suspicion on  Domestic Violence and Child, Adolescent, and Adult Maltreatment[11] informs that 957  suspicious cases of  domestic violence of people aged from the first months to 19  were presented in the health centers along  the country,  a total of 2.512 people were assisted.  The most outstanding kind of aggression was  sexual violence with 345 reported cases, 66 of  them in the Children Hospital,  physical violence represented 1.875 cases, 131 in the Children Hospital,   405 psychological violence and 4 of them also in the same Hospital.

In relation to the Patrimonial Violence, an increase of allowances is observed, 3.033 in 1999 and 4.307 in 2000.[12]

 

It is remarkable the fact that the  Supreme Court of Justice’s verdicts  declare Habeas Corpus detentions illegal and protect contempt of those obliged to provide allowances.[13]

 

 

 

CHILD’S RIGHT TO HEALTH AND SOCIAL SECURITY (Arts. 24, 26, and 28) of the Convention on Child’s Right)

The rights to Health and  Social Security are guaranteed by the National Constitution in its Title III, Chapter 6, which includes articles  105 to 113.

 

In Panama, the Constitutional Principle of  Social Security was developed by means of the Social Security Organic Law 23 of 1941, subrogated by Law 134 of 1943 and modified by the Decree No. 14 of  August 27th, 1954, in its Title V where  the risks of disease, maternity, oldness and death are included within the benefits of the social insurance.

 

Legislation on the Pregnant minor’s Health and Education

 

On June 13th, 2002, Law  29  offering  pregnant minors health and education guarantees was approved.  This law  expresses  the present great number of adolescents  who do not  receive good medical care on the part of the Ministry of Health and the Social Security Institution; the last arguing that  pregnancy is not a disease condition and, therefore, these people should not receive  the benefits assigned to the insured’s  daughters.  It is  pertinent to indicate that according to the  2000 Census, 20% of the children  born alive in the Republic, belonged to adolescents.

 

By means of Law . 66 of  November 10th, 1947,  the Sanitary Code was approved.  Its article 154  indicates  the Government’s obligations to assist    pregnancy and childhood protection with no cost, including preventive attention and woman’s social medical care during her pregnancy, childbirth and up to eight (8) weeks puerperium.

 

The Ministry of Health, Ministry of Labour, Ministry of Youth,  Woman,  Childhood and  Family and the Social Security  are the Institutions responsible for the fulfilment of the dispositions on all remunerated pregnant workers.

 

Article 491 of the Code of Family prohibits schools to impose disciplinary penalties because of pregnancy.

 

The executive Decree 162  of July 22 , 1996 establishes the internal regime for the students attending particular and official schools.

 

These last dispositions are reinforced by the already mentioned Law 29 of  June 13th,  2002, which besides extending and reinforcing  pregnant minor’s protection, they also impose penalties to those  public officers who infringe the law  and refer to the Organic Education Law to sanction those in charge of private schools.

 

The National Legislation on Health and Social Security has the important mission of maternity regulation and childhood protection.  Nevertheless, according to the statistics, the  reality of Panamanian women and children is  still far from an  ideal situation as that there is  the necessity to reinforce   adolescent pregnancy prevention and to strengthen  punitive measures to those  adults responsible for these practices.

 

Qualitative and quantitative aspects of the Pregnant Minor Student

 

In 2000 in all the elementary and secondary  official schools, 53 cases of pregnant students  appeared,  9% were eleven years old;  13%  twelve;  23 %  thirteen;  24% fourteen;  28% fifteen and one (2%) was seventeen.[14]

 

Such figures show us an academic delay in most  (77%) of the students, those aged to be cursing high school studies.  More than half (55%) of the pregnant students attended the sixth level  and  30% the fifth; however, a pregnant girl was registered in the first level, one in the second , one in the third and five in the fourth[15].  Concerning secondary schools, there were  512 pregnant students between 15, 16, 17 and 18 years old.[16]

 

All this information is extremely worrisome.  Though this legislation has been created to protect  pregnant minors, the necessity to work on prevention  programs for youth  and family is evident due to the increasing number of pregnant adolescents.  There are no  programs that can  guarantee adolescents’ right to a suitable sexual and reproductive health.

CHILD’S PROTECTION AGAINST THE ECONOMIC EXPLOITATION.

(Arts 32 and 36 of the Child’s Right Convention)

Panama has internationally ratified  the LIO’s  Agreement 138 on the minimum  age allowed to be in the labour field[17] and Agreement 182 on the Prohibition of the Worse Forms of Minor Work and the Immediate Action for its Elimination.[18]

 

From the creation of the LIO’s  Program for the Eradication of Children’s Work,  Panama conformed the Committee for the Eradication of Children’s Work and  the Working Minor’s Protection.[19]  This initiative has the purpose of encouraging the formulation and execution of a National Action Plan  together with the Government, the Private Sector and  Workers’ support.

 

The Political Constitution of the Republic of Panama in Title III on the Individual and Social Rights, Chapter III on Labour affairs, article 66, prohibits work to fourteen years old and younger minors and night  work to the  sixteen (16) years old adolescents, unless the established exceptions.  Likewise, to use minors under fourteen (14) as  domestic servants or another kind of  occupation and  women’s working  in unhealthy occupations is not allowed

 

The Panamanian Code of Family in its Book II, Preliminary Title, Chapter II, establishes the fundamental rights of minors, indicating their guarantees to be protected against the economic exploitation and those kind of works that could affect their health and access to education.  In addition, child is recognized as a  mistreated victim when he or she is exploited or used for profit purposes, including begging.

 

In relation to minor’s labour shifts, it is six (6) hours daily, only in day schedule  and without affecting attendance to school.  Night work is not allowed under any circumstance.

 

Article 716 of this Code establishes an exception based on the Constitutional norm when allowing minors between twelve (12) and fourteen (14)  to make agricultural and domestic work.  It must be in agreement with the schedule, wage, contract and type of work regulations in the Code of Work.

 

It is important to emphasize this article was partially declared  unconstitutional by the Supreme Court of Justice[20] because it infringed article 66 of the National Constitution specifically prohibiting domestic work to  under fourteen years old minors.

 

On the other hand, the Panamanian Code of Work regulates in its Book I, Title III, Chapter II, Sections Second and Third, all concerning minors’ work, wages, benefits and other guarantees that the labour laws grant adults.  By means of   contracts, the capacity of 14 years old and over children to work is recognized,  but it is a requirement the intervention of their parents or  legal representatives or, when absent,  the own minors previous approval of the Ministry of Labour.

 

Similarly, it allows the 12 years old minor to  work as domestic employee, as well as in light works  authorized by the Ministry of Work.  This norm appears to be unconstitutional since  it prohibits work to those  minors aged up to fifteen  who had not  completed their primary studies, but demands employers  to send them  to school until completing  elementary  school.  It also states $50 to $600 dollars fines to any employer who does not fulfil these dispositions.

 

Panama does not count on a Code of Childhood and Adolescence, reason why the norms on minors’ labour, among others, are treated in different Laws.

 

Domestic and Agricultural Labour (Cane harvest) and Garbage collection as some of the hardest forms of children’s work.

Since a qualitative and quantitative perspective on children’s work, the 2000 Census, registered 38,353 economically active ten to seventeen years old children population (EAP).[21] From this amount, the agricultural sector concentrates about 43% of the  minor workers[22].  

The domestic work has the second place since  girls represent 16.4% of the children manual labour[23].  In addition, ILO reports  90 to 95%  women doing domestic work.[24]

 

Studies made in Panama confirm the same situation.  In those great women groups there are  eight and nine years old girls in domestic works, being a clear violation to Children’s Rights.[25]

 

The structure of the Panamanian Economically Active Population (EAP) registered a significant amount of girls who are separated from their normal children’s activities to be put under long days of exhausting works that do not give them any possibility to continue their studies and normal growing.

 

According to the Population and Housing 2000 Census, in Panama, a 72% aged 10 to 17 Economically Active Population (EAP)  was working at the moment of the Census, including 71% of those between 10 and 14 years old and  73% of the ones between 15 and 17.[26] 

 

Among men, a 73% of the total EAP was occupied, 72% aged 10 to 14  and 74% belonged to those between 15 and 17.[27]  On the other hand, women shows  the 70% to  68% occupation, ranking  10 to 14 years old and 71%  from the ones being 15 and 17.[28]

 

Although the percentage of female occupation is slightly inferior to male’s, both are extremely high, and evidence of the no application of the national laws and the international treaties on children’s labour.[29]

 

Children’s cane harvest in the  Sugar Cane plantations of the Provinces of Coclé and Veraguas.

Another serious aspect is the concerned with the children working in the rural sector particularly in the sugar cane plantations.

 

A report made by the Commission of  Woman, Children’s Rights,  Youth and Family  Affairs of the Legislative Assembly, the existence of children in deplorable labor conditions  and exploitation situations in the sugar cane plantations of the provinces of Coclé and Veraguas was proved in 2000.

 

In the Salitrosa community,  Province of Coclé, on March 29th,  2000, from twenty (20) people  dedicated to the  cane harvest, seven (7) were children between 9 and 17 years old, with work days  from 7:00 a.m. to 4:00 p.m.  They participate in the whole process without any protection and no personal security.   In addition, they are not considered employees, they are just assistants to cut and carry cane and to distribute water without  any wage  recognition.

 

In the case of Concepción’s sugar cane plantations, province of Veraguas, the work day is from 7:00 a.m. to 12:00 m.  After this, they transport the cut cane to the trucks.  Two 25 meters furrows are assigned to each child and they are paid $2.00 a day.

 

In Posada de Sereno, province of Veraguas, the work day begins at 4:00 a.m.  Children are paid fifty cents ($0.50) for the first 15 meter furrow  and fifty five cents ($0.55) for the following ones.  Each adult or child employee pays the company fifty cents ($0.50) for feeding and lodging.[30]

 

Garbage collection by  female children in  Cerro Patacón dump

Female children and adolescents exploited  in  domestic work are already considered  a  high risk population.   But their reality is even worse when they are dedicated to gather garbage remainders in the Cerro  Patacón dump.[31]

 

A report  showing the results of interviews made to a total of six (6) children who collect garbage remainders in  Cerro Patacón[32], aged  11 to 18  and whose work day is from 8 a.m. to 5:00 p.m., allows us to indicate that  their work is not   visible because of the general impression  this work is only carried out by adults.

 

In conclusion, the difficult socioeconomic condition, the high levels of poverty and marginality, as well as the lack of some authorities’ supervision are the causes of the no fulfilment of the existing legislation in matter of protection of  children’s rights and the eradication of minor’s work.

 

CHILDREN PROTECTION AGAINST ALL FORMS OF SEXUAL EXPLOITATION

(Art. 34 of the Children’s Rights Convention)

The Constitution of the Republic of Panama does not establish specific norms against children  commercial sexual exploitation.

 

The Penal Code in its Title I on crimes against Modesty and Sexual Freedom  describes and  punishes  minor’s corruption crimes, procuring, hooliganism and people traffic (Chapter III).

 

Article 229 in the same Code indicates as a serious procuring crime (punished with 2 to 4 years prison) when the victim is a girl younger than 12 or a boy who is not yet 14 years old.  Also, when the crime is committed by  close relatives or any other person in charged of caring and  by deceit, violence, office abuse or any means of intimidation or coercion, establishing 3 to 5 years  prison in these cases.

 

As observed, if the victim is a girl under 12 years old, the crime  is aggravated, but if over, she is  in the same rank of general protection for adults.

 

Article 227 increases the sanction for minor’s corruption ( 2 to 4 years) from a third to a half when the victim is younger than 12,  used for profit purposes, by means of deceit, violence, office abuse or any other form of intimidation and coercion or when the executor is a close relative, tutor or educator, or the one in charged of  the victim’s care.

 

At present, two Law Projects on children commercial sexual exploitation are in the Legislative Assembly of the Republic of Panama.  One tries to typify minors’ pornography as a crime and the other deals with aspects to sanction international sexual tourism, people’s traffic and children commercial sexual exploitation.

 

 

Qualitative or quantitative aspects

In reference to the performance of authorities and the application of the present penal norm, three Jewish men and two women, a Colombian and a Panamanian,  were condemned by the crime of procuring[33].  They sent minors to Europe and the Middle East to work as models, but actually they were  prostituted.

 

Another case is the one of Madame Tonya evidenced after a journalistic investigation of the World TV and Antenna 3 from the Spanish TV.  It  proved the existence of a group of minors aged 13 to 16 who were sexually exploited by this procurer in agreement  with other citizens  named Gladys and Aníbal, who were condemned for the procuring crime.

 

The most recent investigations on the commercial sexual exploitation in Panama has been  carried out by the civil society and academic institutions.  In this sense, a research  made in  Panama City and the District of San Miguelito by the Institute of  Woman of the University of Panama directed  to children and adolescents victims of commercial sexual exploitation[34], allows to indicate that from 100 minors interviewed dedicated to this activity, 29 were men, 41 women;  aged between 9 and 17, being more than the 50% the ones between 14 and 15 years old.

 

A 63% of the male and female interviewed had begun in commercial  sexual activity between the ages of 9 to 14 and 43%  by  friendship,  22% by themselves, 16% by clients,  8% by neighbours, 2% by  mothers,  2% by a procurer,  2% by a cousin, 1% by an aunt and  1% by a teacher.  It is important to  indicate that  close relatives represent the 5%.

 

The results of this study show a very serious situation evidencing the necessity to stop ignoring the problem[35].  In addition, the creation of  specialized attention services;   programs for  children and adolescents development;  funds assignations for other  investigations and  the elaboration of public policies and programs are relevant.  The respective budget in order to comply  the conventions and agreements on children’s rights is required.

 

PRESUMABLY MINOR VIOLATORS’  RIGHT  TO BE  WORTHILY TREATED.

(Arts. 37 and 40 of the Convention of Children’s  Rights)

 

The Code of Family whose fundamental objective is the integral protection of the Panamanian family governs all related to minors under eighteen (18) being in the national territory until the Code of  Minor can be approved according its article 568.

 

Book II “About Minors”  is concerned with  under aged, enunciating the basic principles, the fundamental rights, their classification  eluding also the violating act, the tutelary measures, treatments for the dependent minor, violations, sanctions and final dispositions.[36]

 

Article 531, from the  same legal instrument, clearly establishes  that a minor cannot be condemned by the police or any penitentiary source when he or she is involved either by being the author or other involvement in the violating act.

 

Law 40 of August 26th,  1999 named “From the Special Regime of Criminal responsibility for Adolescence”   is oriented to offer procedural guarantees to violators according to the international agreements subscribed by Panama  based on the principle of the superior interest of  minors.

 

The referred Law indicates in its article 167 that it  modifies several dispositions in Book Second, about  minors, in the Code of Family, among them, the already mentioned article 531, when not applicable to 14 years old minor;  as well as, others concerning Jurisdiction and Courts.

 

On June 6th, 2003 by means of Law 46, the modification of Law 40 of 1999 is accomplished increasing penalties in serious crimes (homicides  with over 5 and 7 years), the prescription term of the penal action and also  the granted terms conceded to the instructional civil officer to make the procedural investigations and other acts.

 

Qualitative and quantitative aspects

According 1997 to 2001 statistics, the most serious crimes causing adolescents’ processes were robbery, that increased from  509 in 1997 to 790 in 2001; deceptive homicide, which  decreased from  89 in 1997 to 49 in 2001. rape  oscillating 76 in 1997, 88 in 1999 and 61 in 2001.  Drug traffic registers 36 processes in 1997,  7 cases in 1999 and 35 in 2001.  There were  5 kidnapping  in 1997, 48 in 1998, none in 2000 and 3 in 2001.  From a total of  3,249 of these crimes processed in 1997,  715 corresponded to  minors, representing the 22%.

 

In 2001, from a total of 4,201 processes, 938 belonged  to minors t indicating  that  22,32% participated in these violations.

 

The percentage of the juvenile criminality in relation to the global  amount was  13,7% in 1997, 12,8% in 1998, 12,6% in 1999, 14,1% in 2000 and 14% in 2001.

 

In relation to the total of homicides reported in 1997, 89 cases were attributed to adolescents from a 315 reported in 1997; 38  from 281 in 1998,  44 from 85 in 1999;   62 from 299 in 2000; and 49 from  301  in 2001.

 

The effectiveness of this legislation will depend on the development of all the structures that the norm establishes, in addition to the minor’s rights prevention and attention  programs.  Nevertheless, the social sectors  in our society insist on harder measures in the penal law  to give  answers to the problem of under age violators.

 

 

 

CONCLUSION

 

The absence of a Code of Childhood and Adolescence in Panama propitiates dispersion of the norms generating  confusion and contradictions.  An example is  the concerned with children’s work in the Code of Family which  declares such acts as unconstitutional while similar norms  remain effective in the Code of Labour.

 

Therefore, the existence of this Code of Childhood and  Adolescence could allows to compile in just one book the application and  comprehension of the  legal norms  facilitating work to  officers and institutions involved in this matter..

 

 

 

 

 

 

BIBLIOGRAPHY

 

Legislative Assembly.  Woman, Children’s rights, Youth and Family Comisión. Condición del Trabajo Infantil y Juvenil en los Cañaverales de las provincias de Coclé y Veraguas Panama, 2000., 101 pages.

 

General Controllership of the Republic. Statistics and Census Direction. Censos Nacionales de Población y Vivienda. Panama,  June 2001.

 

Woman’s Institute (IMUP)/University of  Panama. Así nadie puede estudiar. UNICEF. Panama, 2002., 72 pages.

 

LACHMAN, VARELA. Rubén. Primera aproximación al Estudio sobre el costo de la Violencia Intrafamiliar en Panamá. Taken from the World Wide Web.

 

Ministry of Youth, Woman, Childhood and Family. National Direction of Woman/ PROIGUALDAD. III Informe Nacional Clara González. Situación de la Mujer en Panamá. 2000-2001. Panama. April, 2002.,  227 pages.

                                  

Ministry of Youth, Woman, Childhood and Family. Informe Nacional de la Niñez en Panamá. 1996-2000.

 

OIT/IPEC. Compendio de Normas Internacionales relacionadas con la prevención y eliminación de la explotación sexual comercial de niños, niñas y adolescentes. First edition. San José, Costa Rica, 2003.,  128 pages.

 

OIT/IPEC. La Explotación Sexual Comercial de Niños, Niñas y Adolescentes en Panamá. Litografía Masterlitho S.A.  Panama. June, 2000.,  256 pages.

 

OIT/IPECTrabajo Doméstico en Panamá. Panama, 2002.

 

OIT/IPEC. El trabajo infantil doméstico en América Central y República Dominicana: una realidad.  First edition. San José, Costa Rica, 2003., 44 pages.

 

National Net Against Violence. Incidencia de Casos de Violencia Intra familiar en Panamá, según sexo en el Periodo de cinco (5) años 1998 – 2002.  Written by Gladys Miller Ramírez. Panama – 2002.

 

National Net Against Violence CEFA/ UNICEF. Inocencias Mutiladas. Writen by Gladys Miller, Rosina Pérez y Dayra Dawson.  Panama, 2001-2002., 129 pages.

 

National Net Against ViolenceLa Violencia Económica.  Griten by Gilma de León. Panama, 2001. 62 pages.

 

SOZA R. Johana J. Régimen Especial de Responsabilidad Penal para la Adole