NATIONAL POLICE OF PERU

NATIONAL SCHOOL OF
VOCATIONAL TRAINING
POLICE

SCHOOL OF HIGHER EDUCATION

PNP PROFESSIONAL TECHNICIAN
“NATIONAL HERO CAP. PNP ALIPIO PONCE VÁSQUEZ”
STONE BRIDGE

ACADEMIC DIVISION

SYLLABLE DEVELOPED FROM:

“PROTECTION OF THE RIGHTS OF THE CHILD, GIRL,
AND ADOLESCENT FROM THE POLICE FUNCTION”

PROGRAM: VIRTUAL DISTANCE.

PROMOTION: 2019-II “INTEGRITY” II

LIMA PERU

2021
1
 SYLLAB

PROTECTION OF THE RIGHTS OF THE CHILD, GIRL AND

ADOLESCENT FROM THE POLICE FUNCTION

I. GENERAL DATA

ENTITY : EESTP PNP.

SPECIALTY : Order and Security.
TRAINING MODULE : Police Intervention.
YEAR OF STUDY : Second year.
WEEKLY HOURS : Four (04)
CREDITS : Two (02)
ACADEMIC PERIOD : Fourth (IV)

II. SUMILLA

The teaching unit “Protection of the rights of children and adolescents from the
police function ” is part of the study curriculum of the PNP Puente Piedra Higher
Technical School, its content addresses general notions about the rights of children and
adolescents from the analysis of the principles and norms of the Convention on the
Rights of the Child and specific national norms on the matter.

The student is expected to develop skills, knowledge and abilities for intervention in
situations of violence involving children and adolescents. (Victims or offenders)

III. COMPETENCES.

a. Willingness and permanent commitment to effectively attend to cases involving

girls, boys and adolescents.
b. Ability to analyze national and international standards in relation to the rights of
girls, boys and adolescents as tools to enhance the police service.
c. Ability to design, implement and evaluate plans, programs, security strategies,
aimed at protecting the rights of girls, boys and adolescents from various forms of
violence.
d. Ability to interact and establish links with different actors, key public and private, in
different contexts, which contribute to strengthening the police function in the
prevention and protection of the rights of girls, boys and adolescents from various
forms of violence.

2
IV. GOALS

A. GENERAL OBJECTIVE

Know the Current Regulations and the Protocol that the National Police of Peru
(PNP) complies with in matters of the Rights of Girls, Boys and Adolescents, and
in this way successfully fulfill the mission entrusted to safeguard the integrity of
minors in coordination with other institutions.

B. SPECIFIC OBJECTIVES

Ensure that students know the history of Children's Rights, as well as the
Doctrines regarding the care of children and adolescents.

Know the forms of protection in the police function.

Know the police function within the framework of current law and the Protocol for
Specialized Care of Adolescents in Conflict with the Criminal Law in the
preliminary stage.

C. CURRICULAR CONTENT.

They will be fulfilled based on the attached table, subdivided into two Academic
Units, with sixteen (16) academic weeks, conceptual, procedural, attitudinal and
resource contents, for the current period:

3
 I UNIT
RIGHTS OF THE GIRL, BOY AND ADOLESCENT
ACADEMIC CONCEPTUAL CONTENT PROCEDURAL CURRENT CONTENT RESOURCES
WEEK CONTENT
 History of the Rights of the . Carry out a virtual .Reflective . Video
FIRST Child. conversation-type attitude . Computer
WEEK A. Concept dynamic, where . Raising . PPT
04JAN21 B. The chronological the differences awareness on the . WORD.
TO THE development of between the topic
09JAN21 children's rights. doctrines of . Active
 Creation of the United irregular situation participation
Nations. and
A. Geneva Declaration comprehensive
1924. protection are
B. Creation of the UN specified.
.
SECOND  Declaration of the rights of . Playing the . Show interest . Videos
WEEK the child. UNICEF video . Works at . Computer
11JAN21 A. Beginning “What is the equipment . PPT
TO THE B. Children's rights Convention on the .Awareness of the . WORD
16JAN21 convention Rights of the issue
 Doctrines in care of girls, Child?” . reflective attitude
boys and adolescents. https://
A. From the name www.youtube.com/
comprehensive watch?
protection v=IbGOmqP7yuc
B. Intrinsic characteristics . Virtual active
participation based
on questions about
the video.
 Protection of girls, boys and . Virtual dialogue .It is proactive . Videos
THIRD adolescents without parental with the teacher . Stake . Computer
WEEK care or at risk of losing it. about the active . PPT
18JAN21 1.1 Of family groups. importance of the . reflective attitude . WORD
TO THE 1.2 Of the risk situation and United Nations
23JAN21 the situation of lack of Protection System
family protection.
 The role of the State as
guarantor of the rights of
girls, boys and adolescents
and the role of the PNP
DELIVERY OF TOPICS FOR Brainstorming .Identify . Videos
FOURTH THE PREPARATION OF THE Virtually About Contents . Computer
WEEK APPLICATION WORK. (TAG) Children's Rights .Stake . PPT
25JAN21 in active . WORD
TO THE  Protection system. The frame . reflective attitude
30JAN21 1. National Police of Peru. Normative
2. Specialized Police. National
3. Justice Support Police.
4. Legal medical service
for children and
adolescents.
 The Committee on the
Rights of the Child.

 The optional protocols. . Analyze the .Attitude . Videos

FIFTH  Reports on the situation of components of the proactive . Computer
WEEK children, main general system through . Active . PPT
01FEB21 observations. role-playing participation . WORD
TO THE
06FEB21
Main general observations dynamics. . reflective attitude
. Through virtual
4
dialogue, it
identifies
international
standards and
guarantees that
D. METHODOLOGY

a. Teaching techniques will be oriented towards permanent virtual

teacher interaction
– educating, framed in the participatory culture.
b. Case development with virtual personal presentation and
analysis.
c. Assignment of proposed exercises in the class schedule.

E. EQUIPMENT AND MATERIALS

The teacher will use the following equipment and materials to

develop the subject:

VIRTUAL PLATFORM
The classes will be uploaded to the EESTP-PP Virtual Platform.

MATERIALS
Presentation in WORD, PPT or PDF, transparencies or
videos to reinforce teaching techniques.

F. ASSESSMENT

The evaluation of the learning process is continuous, comprehensive and

objective.
Attendance is mandatory and approval of the course is
subject to attendance at the virtual sessions, which is 100%
mandatory. Otherwise, if there is no justification by the
Academic Sub-Directorate of the EESTP HNCAP PNP APV,
the Student will fail. The subject.

The learning evaluation process will be permanent and will include:

a. Interactive Formative Evaluation, in relation to the

active participation of the PNP Student virtually. The
average of the oral interventions will constitute the
Oral Evaluation Note.
b. Formative or Process Evaluation, with which
academic performance will be checked, predict
development possibilities and reorient the
methodology. All of this compromises the application
of:

i. Workshops and Exhibitions.

5
 ii. Two partial written exams (weeks 7 and 12),
framed in the model provided by DACA: they
may also contain development and problem
situation type questions, in which first the use of
reflective capacity, the correlation of criteria,
analysis and logical thinking. The minimum
passing grade is 13.
iii. A monographic application research work, which
will be assessed in its form and content.
iv. Summative evaluation, aimed at checking the
level of cognitive, reflective and logical thinking
development, for which a final exam will be
applied (week 16), with a similar characteristic
used in the midterm exams.
v. The General Average will be calculated in
accordance with the provisions established in
the Education Regime Manual of the PNP
Training Schools, as detailed below:

General average:

PG = PEP (3) + PO (1) + TA (2) +EF (4)

10

PEP = Average of Partial Exams

PO = Oral Step

T.A. = Monographic Research Work

EF = Final exam

G. BIBLIOGRAPHY

Bibliographic references.

Acuña, M. (2013) The Principle of Parental Co-Responsibility .

Law Magazine (Coquimbo). Vol.20 No.2 Coquimbo.
Retrieved on May 2, 2019 at
https://dx.doi.org/10.4067/S0718-97532013000200002

6
Aguilar A. (2009) Shared possession: comment on law No.
29269, which incorporates this figure into the code of
children and adolescents. Social change. Recovered on
May 7, 2019 at
http://www.derechoycambiosocial.com/revista016/tenen
cia%20compartida.htm

Axat, J. (2013) in the thesis titled “A non-minor voice:

Ethnographic notes on juvenile criminal justice” Thesis
presented to obtain the degree of Master in Social
Sciences. Buenos Aires. National University of La
Plata. 2013.

Aranda, P. (2012) “The Principle of “Specialty” in the Law of

Juvenile Criminal Responsibility” Thesis to qualify for
the degree of Master in Author Law. Santiago.
University of Chile.

Baratta, A. (1995) “Elements of a new right for childhood and

adolescence. Regarding the Statute of Children and
Adolescents of Brazil.” In IUS ET VERIITAS. No. 10,
Lima. Faculty of Law of the PUPC.
Buergenthal, T. (1995) International Human Rights Manual. Ed.
University of Santiago de Cali. Colombia.

Castro, M. (2000) Comprehensive Child Protection. An

approach to the problem of adolescent offenders of
criminal law Andean Commission of Jurists.

Clavijo, J. (2008) Doctoral thesis titled: “ The interest of the

minor in shared custody” Salamanca. University of
Salamanca.

Cornejo, H. (2001) Family Law Lima Editorial Legal Gazette.

7
Chunga la Monja F. (2001) Juvenile Law Lima Editorial
Jurídica Grijley.

Echevarría, K. (2011) Shared Guardianship and Custody of

children. Grenade. University of Granada.

Fernandez, M. (2013) Family Law Manual. Constitutionalization

and family diversity. Lime. PUCP-Editorial Fund

Rodríguez, L. (2009) Parental Alienation and Human Rights in

the National Legal Framework. Some considerations.
Mexico. National Commission for Human Rights.

Rubio, M. (1990) Political study of the Political Constitution of

1993 . Lime. Pontifical Catholic University Editorial
Fund.

Sausa, M. (2018) Child abuse in Peru is growing: In 2017,

there were 21,600 cases of violence. In Peru 21,
January 6, 2018.

Public ministry. (2018) 76% of rape victims in Peru are minors.

Lime. In the newspaper El Correo, February 7, 2018.

Palacio, G. (1999). Civil Law Manual. Lima: Legal Editions.

Placido, A. (2015) Manual on the rights of children and

adolescents. Lime. Pacific Institute.

Pizarro, J. (2019) inclusion of parental alienation syndrome as

a crime of family violence. Criminal judiciary of southern
Lima. 2019. Lima Alas Peruanas University.

8
Peru Report 21 (2014) Unicef: Peru is a leader in the region in
reducing infant mortality. Lima March 3, 2014.

Documents:
Guide for preparing the Report before the Committee on the
Rights of the Child
Committee on the Rights of the Child. Report on the ninth
session. May/June 1995. CRC/C/43. Annex VIII.
United Nations Beijing Rules for the Administration of Juvenile
Justice.
The Convention on the Rights of the Child.
Constitutional Court, Resolution of the Constitutional Court
dated August 14, 2008 in File No.
03247-2008-PHC/TC.

Visited web pages:

Álvarez, Atilio (2010) Study and analysis on cost/benefit and

social of juvenile justice models in Peru . Voluntary
Links. Nevus. Recovered on October 1, 2018 at
http://www.justiciajuvenilrestaurativa.org/otras_publicaci
ones/informe.pdf

Ombudsman's Office The juvenile criminal system in Peru.

Social legal analysis ILANUD/European Commission
Juvenile Criminal Justice Project. Deputy for Human
Rights and People with Disabilities. Criminal and
Penitentiary Affairs Program. Defense Report Series.
Report No. 51.

Vásquez, Oscar, 90% of adolescent offenders are rehabilitated

without the need for confinement. Lime. In Peru 21, July
8, 2017.

9
Vega Ysela, MP registers 588 new cases of minor offenders for
robbery, extortion and hitmen , in the Republic,
November 3, 2015

Revised standards:

Law of the National System of Comprehensive Care for

Children and Adolescents (Law No. 26518) Code of
Criminal Responsibility for Adolescents – Public
Ministry

Law No. 30364 - Law to prevent, punish and eradicate

violence against women and members of the family
group and its Regulation DS N° 009-2016- MIMP

Legislative Decree No. 1267 – Law of the National Police of

Peru and its Regulation No. 026-2017-IN.

Legislative Decree No. 1297 – Law for the protection of girls,

boys and adolescents without parental care or at risk of
losing it.

Law No. 30466 – Law of Higher Interest.

Law No. 30364 - Law to Prevent, Punish and Eradicate

Violence against Women and Members of the Family
Group.

10
 INDEX

FIRST WEEK:
I. History about children's rights.
A. Concept.
B. The chronological development of children's rights.

II. Creation of the United Nations (1919).

A. Geneva Declaration.
B. Creation of the UN.

SECOND WEEK:
III. Declaration of the rights of the child.
IV. Doctrines in care of girls, boys and adolescents.

THIRD WEEK:
V. Protection of girls, boys and adolescents without parental care or at risk of losing it.

A. Of family groups.
B. Of the risk situation and the situation of lack of family protection.

VI. The Role of the State as guarantor of the rights of girls, boys and adolescents and
the Role of the National Police of Peru.

FOURTH WEEK:

VII. Protection system

A. National Police of Peru.
B. Specialized Police.
C. Justice Support Police.
D. Legal Medical Service for Children and Adolescents.

VIII. The Committee on the Rights of the Child.

FIFTH WEEK:

IX. The Optional Protocols.

X. Reports on the situation of children, main general observations.

SIXTH WEEK:
XI. Forms of violence against children and adolescents.
A. Types of violence.
B. Types of violence.

XII. Girls, boys and adolescents in their relationship with justice.

SEVENTH WEEK: FIRST PARTIAL EXAM

EIGHTH WEEK:
XIII. Protection of the police function.
11
 XIV. Police function within the framework of Law 30363.

NINTH WEEK:
XV. Intervention procedure according to the procedure guide for intervention of the
National Police of Peru within the framework of Law No. 30364.

A. From knowledge of the facts and police report,

B. Of immediate actions.
C. The preparation of the police report or report.

TENTH WEEK:

XVI. Protocol for specialized care of adolescents in conflict with criminal law in the
preliminary stage.

ELEVENTH WEEK:
XVII. Concordances between the protocol for specialized care of adolescents in conflict
with criminal law and the code of criminal responsibility for adolescents.
XVIII. Doctrine of comprehensive care for adolescent offenders.

TWELFTH WEEK: SECOND PARTIAL EVALUATION

THIRTEENTH WEEK:
XIX. The restorative juvenile justice approach.
XX. Policies and standards for the prevention and treatment of adolescents in conflict
with criminal law.

FOURTEENTH WEEK:

XXI. Main actions: Children and Adolescents Code.

XXII. United Nations guidelines for the prevention of juvenile delinquency (Riyadh
guidelines).

FIFTEENTH WEEK:

XXIII. Main rights of victims of human trafficking.

XXIV. Protocol of the National Police of Peru for the care of victims and witnesses of
human trafficking.

SIXTEENTH WEEK: FINAL EVALUATION

12
 FIRST WEEK:

 HISTORY OF THE RIGHTS OF THE CHILD

 CREATION OF THE UNITED NATIONS

I. HISTORY ABOUT THE RIGHTS OF THE CHILD.

A. CONCEPT :

A very important indicator of demonstrating respect for "Human Rights" is the way
society treats its children. A society that respects "Fundamental Rights" provides
freedom and dignity to children and formulates adequate conditions in which they can
develop all of their child's potential. It must be kept in mind that childhood and
adolescence are the most vulnerable cycles in the development of human life due to the
need for the support and protection they require from the primary and secondary
institutions that must provide them: the family, the community and the State. .
Childhood as a sociological and cultural category has taken on different meanings in
history, but always far from the recognition of the child as a citizen.
Taking into account the above, we could define the rights of children and adolescents
as a set of legal norms that protect people up to a certain age. Each and every
one of the rights of children are inalienable and inalienable, so no person can
violate or ignore them under any circumstances . Several documents enshrine the
rights of children at the international level, including the 1924 Geneva Declaration,
Declaration of the Rights of the Child and the Convention on the Rights of the Child .

B. THE CHRONOLOGICAL DEVELOPMENT OF THE RIGHTS OF THE CHILD

The development of the main sociological changes are those that give rise to a
necessary regulation of the rights of the child throughout history. So we have:

IN ANCIENT TIMES:

As a starting point, we must indicate that in ancient times : there was no special
regulation on children; being that even in some civilizations, it would be the adults who
could even decide on the life and death of their own descendants.

IN THE MIDDLE AGES :

There is a notable psychosocial change, starting from this time period in which children
are considered “small adults.” At this time, children were considered capable of
adopting the same behavior as adults in society, the difference referring to physical size
and their level of experience. The conception of the child as a miniature adult persisted
in societies where children were not taken to school.

MID-NINETEENTH CENTURY:

The 19th century marks the beginning of the history of children's rights. Being that in
France, the idea of offering special protection to children arises; which allowed the
progressive development of the rights of minors. Starting in 1841, laws began to protect
13
 children in the workplace and, starting in 1881, French laws specified guarantees of
children's right to an education .
For the first time in Europe, laws regulating child labor are prescribed. Progressively,
different legal texts encourage or make schooling for children mandatory and society
begins to recognize that the child cannot be considered an adult.

TWENTIETH CENTURY
Since the end of the 19th century and throughout the first third of the 20th century, a
phenomenon has occurred that will continue to consolidate, in relation to child
protection policies. This is the progressive interest on the part of social reformers,
doctors, pedagogues, educators, paediatricians, child protection associations and, in
general, by governments, in internationalizing these policies.
One of the ways of penetration will be the celebration of international conferences that,
in most cases, are convened by associations for child protection, pediatrics, hygiene,
medicine, etc. and that are sponsored by national governments.
In this way, the protection of children begins to be implemented, including in the social,
legal and health areas. This new development, which began in France, later began to
spread throughout Europe; which would later take a big step with the creation of the
united nations.

II. CREATION OF THE UNITED NATIONS

It is on June 28, 1919, that you bring about the creation of the Treaty of Versailles,
which gives rise to the creation of the organization called “The League of Nations
(SDN) or League of Nations; which proposed to establish the bases for peace and the
reorganization of international relations once the First World War ended. The objectives
of the creation of the aforementioned entity are: firstly, it sought to preserve peace
through collective action, for which controversies would be referred to the Council of
the Society for the purposes of arbitration and conciliation. If necessary, economic and
then military sanctions would be used, for which members undertook to defend other
members against aggression. Secondly, the Society wanted to promote international
cooperation in economic and social matters.

However, the League of Nations never achieved sufficient authority to impose its
resolutions on its members in a binding manner, reflecting this fact that it could not
prevent the Second World War.

Pizarro (2019) points out that “During the world wars, all types of atrocities were
committed, which awakened in humanity the decisions to protect these fundamental
rights more rigorously” (p.21). It is this context where the organization of the “United
Nations” appears, the name given by the American president Franklin D. Roosevelt.

The United Nations will acquire an official existence on the day of the ratification of the
United Nations Charter by the main victorious powers after the Second World War. Its
purposes were to preserve peace, dignity, equal human rights, the maintenance of
justice, in the field of children, the United Nations will create UNICEF, and a committee
on children's rights.

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A. GENEVA DECLARATION 1924.

On September 16, 1924, the League of Nations adopted the Declaration of the Rights
of the Child (also called the Geneva Declaration), the first international treaty on the
Rights of Children. Throughout five chapters the Declaration grants specific rights to
children, as well as responsibilities to adults.
The 1924 Geneva Declaration establishes that “humanity owes the child the best it can
give,” with a message of strict compliance where the existence of children is
recognized for the first time, which in past decades was ignored throughout Europe.

The fundamental needs of boys and girls are recognized in five articles. The text
focuses on the well-being of the child and recognizes their right to development,
assistance, relief and protection.
Obviously, simple language is used to draft it, since the intention was not to really
formulate rights, the Declaration places more emphasis on the duties of adults towards
children rather than on the Rights of Children. The following lines transcribe the text of
the Geneva declaration regarding the child:
1. The child must be put in a position to develop in a normal way,
materially and spiritually.
2. The hungry child must be fed; the sick child must be cared for; the deficient
child must be stimulated; the maladjusted child must be re-educated; and
the orphan and the abandoned must be taken in and helped.
3. The child must be the first to receive help in case of calamity.
4. The child must be put in a position to earn a living, and must be

15
 protected from any exploitation.
5. The child must be educated in the feeling that he will have to put his best
qualities at the service of his siblings.

This declaration had as its background a disastrous event for the world, the First World
War, a war where millions of people died, but it generated poverty and backwardness in
the countries that participated directly or indirectly in the war. After the First World War,
millions of hungry, orphaned, refugee or displaced children were scattered throughout
Europe. One woman, Eglantyne Jebb, fought with all her might for governments and
society to take action to end this tragedy. As she thought, “children are not at all
responsible for wars, and they are the best hope for avoiding another one.”

The Geneva Declaration was a personal work of Eglantyne Jebb, founder of the English
association Save the Children Fund (SCF) in 1919.

Eglantyne Jebb deeply believed in what has been called the “spirit of Geneva”: hence
the title she wanted to give it. “This Declaration, which is not a diplomatic instrument but
an act of faith, is to the Declaration of the Rights of the Child adopted by the United
Nations in 1959 what the Declaration of the Rights of Man and of the Citizen of 1789
means with respect to Universal Declaration of Human Rights adopted by the United
Nations in 1948.

B. CREATION OF THE UN AND UNICEF

The UN was founded on October 24, 1945 note 1 in the American city of San Francisco ,
by 51 countries, at the end of World War II , with the signing of the United Nations
Charter .
This after the results of the Second World War, which left among its victims thousands
of children in a desperate situation. As a result, the United Nations Children's Fund
(known as UNICEF) was created in 1947 and was granted the status of a permanent
international organization in 1953.

UNICEF , was created as a sign of the unanimous decision of the First Session of the
United Nations General Assembly , to provide emergency relief to millions of children in
Post-War Europe, the Middle East and China who were victims of the Second War.
World.

During its beginnings, UNICEF; she particularly focused on helping young victims of
World War II, mainly European children. However, in 1953 his mandate reached an
international dimension and he began helping children in developing countries.

Parallel to this, dated December 10, 1948, with the Universal Declaration of Human
Rights, it is recognized that both motherhood and childhood have the right to special
care and assistance.

SECOND WEEK:

 DECLARATION OF THE RIGHTS OF THE CHILD (1959)

16
 DOCTRINES IN CARE OF CHILDREN AND ADOLESCENTS

III. DECLARATION OF THE RIGHTS OF THE CHILD (1959).

In 1959 the United Nations General Assembly approved the Declaration of the Rights of
the Child, which describes the rights of children in ten principles. Although this
document has not yet been signed by all countries and its principles are indicative, it
paves the way for the Universal Declaration on the Rights of the Child.
In this regard, the text of the declaration of the rights of the child contains ten principles:
Principle I: The child shall enjoy all the rights set forth in this declaration. These rights
will be recognized for all children without any exception or distinction or discrimination
based on race, color, sex, language, religion, political or other opinions, national or
social origin, economic position, birth or other status, whether of the child himself or his
family.
Principle II: The child shall enjoy special protection and be provided with opportunities
and services, provided by law and by other means, to enable him to develop physically,
mentally, morally, spiritually and socially in a healthy and normal manner, as well as in
conditions of freedom and dignity. When enacting laws for this purpose, the primary
consideration will be the best interests of the child.
Principle III: The child has the right from birth to a name and a nationality.
Principle IV: The child must enjoy the benefits of social security. You will have the right
to grow and develop in good health; To this end, special care must be provided to both
him and his mother, including prenatal and postnatal care. The child will have the right
to enjoy adequate food, housing, recreation and medical services.
Principle V: A child who is physically or mentally handicapped or who suffers from
some social handicap must receive the special treatment, education and care that his or
her particular case requires.
Principle VI: The child, for the full and harmonious development of his personality,
needs love and understanding. Whenever possible, he or she should grow up under the
protection and responsibility of his or her parents and, in any case, in an environment of
affection and moral and material security; Except in exceptional circumstances, a young
child should not be separated from its mother. Society and public authorities will have
the obligation to take special care of children without families or who lack adequate
means of subsistence. For the maintenance of children in large families, state or other
subsidies should be granted.
Principle VII: The child has the right to receive education, which will be free and
compulsory at least in the elementary stages. He will be given an education that
promotes his general culture and allows him, under conditions of equal opportunity, to
develop his individual aptitudes and judgment, his sense of moral and social
responsibility, and to become a useful member of society. The best interests of the child
must be the guiding principle of those who have responsibility for their education and
guidance; This responsibility falls primarily on the parents. The child must fully enjoy
games and recreation, which must be oriented towards the goals pursued by education;
Society and public authorities will strive to promote the enjoyment of this right.
Principle VIII: The child must, in all circumstances, be among the first to receive
17
protection and help.
Principle IX: The child must be protected against all forms of abandonment, cruelty
and exploitation. It will not be subjected to any kind of trafficking. The child should not
be allowed to work before an appropriate minimum age; In no case will you be engaged
or allowed to engage in any occupation or employment that may harm your health or
education, or impede your physical, mental or moral development.
Principle X: The child must be protected against practices that may encourage racial,
religious or any other type of discrimination. He must be educated in a spirit of
understanding, tolerance, friendship between peoples, peace and universal
brotherhood, and with full awareness that he must devote his energies and abilities to
the service of his fellow men.
This declaration recognizes the boy and girl as “a human being capable of developing
physically, mentally, socially, morally and spiritually with freedom and dignity and has
the objective of guiding countries in which their rights are fulfilled. Likewise, we must
specify that it is through the aforementioned declaration that it is exhaustively
established that children have the right to a name or nationality, and equally important,
it is that the child's right to receive prenatal and postnatal care is developed.
On the other hand, we must specify that many of these articles were based on other
previous documents, including the Declaration of Human Rights of 1948.

The adoption of the DECLARATION OF THE RIGHTS OF THE CHILD , within the
General Assembly of the United Nations, represented an obvious advance with respect
to its predecessor (the Declaration of Geneva), since it introduced, for the first time, a
concept broad childhood that included the period before birth . For its part,
Principle IV of the text confirms this trend by considering that both the child and the
mother have the right to “prenatal and postnatal care.”

The Declaration was important because it endorses the principle of the best interests
of the child as a guideline for those who are responsible for their education and
guidance. It constitutes an important first step for the subsequent development of this
fundamental rule in family law. Likewise, the language of the 1959 Declaration is a
more elaborate and developed approach to the Geneva Declaration of 1924,
introducing certain innovations, such as the right to birth and nationality, but preserving
the beneficent spirit.

CONVENTION ON THE RIGHTS OF THE CHILD (1989)

The convention is constituted as an international treaty of 54 articles that deepens the
rights of the child, reaffirming the need to provide them with special care and
assistance due to their vulnerability , especially highlighting the primary
responsibility of the family with regard to protection and assistance; the need for legal
and non-legal protection of the child before and after birth; the importance of respecting
the cultural values of the child's community, and the crucial role of international
cooperation in making children's rights a reality.
Making a brief summary, we could say that the first five articles of the Convention on
the Rights of the Child state that the child will be protected against any type of
discrimination that he or she may suffer, in addition, the protection and care necessary
for his or her complete well-being will be ensured. above all, taking into account the
rights and duties of the parents or legal guardians who are in charge of them.

18
 In addition, all possible measures will be fought to ensure that the rights of this
convention are effective.

IV. DOCTRINES IN CARE OF CHILDREN AND ADOLESCENTS

The framework of Human Rights on which the foundation of a system of equality and
social justice for people is based, allows us to approach the definition of
comprehensive protection for children and adolescents. Understood in this way,
Comprehensive Protection is based on the universal principles of dignity, equity and
social justice, and with the particular principles of non-discrimination, absolute priority,
best interests of the child, solidarity and participation.

OF THE SO-CALLED COMPREHENSIVE PROTECTION. –

The concept of comprehensive child protection spread throughout Latin America during
the 1990s. It is basically based on the 1989 Convention on the Rights of the Child,
which recognizes the rights of the child as a specific category within human rights,
according to Professor Miguel Cillero. The Convention on the Rights of the Child is
a human rights instrument that conceives the child, not as an object of rights, but as a
subject of law , which was already progress and allowed several Latin American
countries to reformulate their legislation. Your interest is safeguarded from conception
until you turn 18 years of age. It has tutelary characters. Support is extended to the
family, especially the mother. Which is commendable. Incentives are provided: pre-
birth centers, school coverage, creation of children's cribs, soup kitchens, health
campaigns, recreational centers, financial incentives (case of Canada where school
children and adolescents are rewarded with a regular amount to responsible students.
TEJEIRO LOPEZ (1998) has said that within the concept of protection "is the search
for the general projection of the child and adolescent as ethical entities, the
development of their own personality in terms of their potential." This author's definition
is directed, without a doubt, to the final object of protection as an action directed at a
specific social group. It would also be interesting to formulate a definition of
comprehensive protection for children and adolescents that entails the functions and
actions intrinsic to their socio-legal pursuit.
Having made this brief consideration, we approach the definition of comprehensive
protection; by considering it as the set of actions, policies, plans and Programs that
with Absolute Priority are dictated and executed by the State, with the firm participation
and solidarity of the Family and society to guarantee that all Boys and Girls enjoy
effectively and without discrimination of the human rights to Survival, Development and
Participation, while addressing the special situations in which individual children or a
certain group of children whose rights have been violated find themselves.
This approach allows us to locate the clear differences that exist between universal
public policies aimed at generating social, economic, cultural and other conditions for
the satisfaction of the collective and diffuse rights of all children. and adolescents, with
special policies basically aimed at addressing certain circumstances that cause
situations of vulnerability to also certain groups of children and adolescents.
The former cause and generate Universal enjoyment of Rights, the latter protect
against violations of these, to free children from social or other conditions.

Intrinsic Characters:
19
  Segregation between children and adolescents is abolished. It's about eliminating
inequality.
 All children and adolescents are treated equally. There is a univocal concept that
children and adolescents are subjects of rights.
 The child and adolescent are considered as a developing person with specific
rights and freedoms.
 There is talk of juvenile criminal responsibility.
 The Judge no longer acts with paternity criteria. This is a jurisdictional, technical
Judge, limited by guarantees. The judge will have to take into account the opinion
of the other parties to the process. Intervention of various authorities,
professionals, such as justice assistants: social workers, specialized medical
examiners, psychologists, police officers.
 Guarantees are recognized, there is respect for the principle of legality.
 The socio-educational or protective measures applied respond to the action
incurred and not due to the state of abandonment. The measure of deprivation of
liberty is applied by exception.
 The socio-educational or protective measures applied must be temporary in
nature.

THIRD WEEK:

 PROTECTION OF GIRLS, BOYS AND ADOLESCENTS WITHOUT PARENTAL

CARE OR AT RISK OF LOSING THEM
 THE ROLE OF THE STATE AS GUARANTEE OF THE RIGHTS OF GIRLS, BOYS
AND ADOLESCENTS AND ROLE OF THE PNP

V. PROTECTION OF GIRLS, BOYS AND ADOLESCENTS WITHOUT PARENTAL

CARE OR AT RISK OF LOSING THEM.

Legislative Decree No. 1297 arises from the recommendations to the Peruvian State,
among them, those referring to the family environment and alternative care modalities,
so that national legislation is in line with the Guidelines on Alternative Care Modalities
for Children. Children, aimed at supporting efforts so that girls, boys and adolescents
remain under the care and protection of their family and seek permanent solution
alternatives based on their Best Interest, with procedures that offer a minimum of
procedural guarantees.

Regarding the regulatory framework of the aforementioned legislative decree, it follows:

20
1.1 FROM FAMILY GROUPS:

a) family of origin

It is made up of the mother, father or one of them, brothers, sisters, guardian or tutor.
And also the people with whom, whether or not they are related, live together or have a
life in common .

b) extended family

The extended family includes the relatives of the child or adolescent with whom they do
not live or live together.

c) Community as family

In the case of girls, boys or adolescents from indigenous or native peoples, peasant
communities, native communities or any other organizational form, where the girl, boy
or adolescent has developed cultural identity and sense of belonging, it is understood
as a family of origin or extends to their members, according to their customs and under
an intercultural approach.

1.2 OF THE RISK SITUATION AND THE SITUATION OF FAMILY LACK OF

PROTECTION

Regarding the first, the aforementioned regulations conceptualize it as the situation in

which a girl, boy or adolescent finds themselves where the exercise of their rights is
threatened or affected , whether due to personal, family or social circumstances,
which harm their integral development without seriousness, and they are not or cannot
be cared for by their family.

This situation requires state action, adopting the necessary measures to prevent lack of
family protection, without in any case justifying the separation of the child or adolescent
from their family of origin.

When the term “risk” is used, it must be understood that it refers to the risk of lack of
family protection.

Regarding the second (Situation of lack of family protection), the aforementioned

regulations define it as the situation that actually occurs due to non-compliance or the
impossible or inadequate performance of the duties of care and protection by those
responsible for care. of children and adolescents and that seriously affects the
comprehensive development of a girl, boy or adolescent.

Characteristics and Implications:

It is provisional in nature and implies the temporary separation of the girl, boy or
adolescent from their family for their protection,

It involves specialized support to the family for the removal of the circumstances that
motivated it, applying the appropriate protection measures established in this law,
promoting family reintegration.
21
 In the case of a sister or brother who is the head of the family, it does not imply
temporary separation from their family.

The criteria for qualifying family lack of protection are always restrictive and objective.

When, despite the support provided by the State to strengthen care and upbringing
skills, the return of the child or adolescent to their family of origin is not possible
because the latter cannot provide proper care for the child. or adolescent, family lack of
protection is declared.

NOTE: The situation of poverty in no case justifies, on its own, the separation of the
child or adolescent from their family of origin, nor does it constitute lack of family
protection. It is the responsibility of the State to incorporate these families into social
protection programs and services.

Likewise, in no case is a girl, boy or adolescent separated from their family for the sole
reason of their disability or that of any of its members.

ROLE OF THE NATIONAL POLICE WITHIN THE FRAMEWORK OF THE

MENTIONED BODY OF REGULATIONS

AS AN ORGAN WITHIN THE PROCEDURE

The National Police of Peru, through a report or police report, communicates situations
of risk or lack of family protection of a girl, boy or adolescent.

Collaborate with the competent authority that acts in the procedures for family risk and
lack of protection, to achieve their purpose. Verbrigacy: The location of the mother,
father or guardian or the member of the family of origin who assumes the care of the
girl, boy or adolescent.

AS A SUPPORT BODY

As the sole executor of the public force, in the event that a situation occurs that
prevents or interferes with the application of the protective measure provided, the
competent authority may request the support of the Public Ministry so that it is
established, in the company of the authority police.
The UPE or DEMUNA, as appropriate, may request the support of the National Police
of Peru, through its different police agencies at the national level, to notify the family of
origin or extended family or any other person, when they reside in areas of difficult
access or when there is a threat or risk for the personnel entrusted to carry out said
diligence

VI. THE ROLE OF THE STATE AS GUARANTEE OF THE RIGHTS OF GIRLS, BOYS
AND ADOLESCENTS AND ROLE OF THE PNP

22
The State guarantees and protects the rights of children and adolescents. Through the
following institutions

PUBLIC INSTITUTIONS

 Ministry of Women and Vulnerable Populations – INABIF

 Ministry of Education
 Ministry of Interior
 Ministry of Health
 PNP – Family Division

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NON-GOVERNMENTAL ORGANIZATIONS
 SOS Children's Villages Peru Action for Children
 Association for Child Development – APRODIN CEDRO
 CEDETEP COMETA
 ANAR DINEZ Foundation
 National Initiative Group – GIN

SOCIAL ORGANIZATIONS

 Glass of Milk Coordinators

 Federation of Women Organized in Soup Kitchen Centers Coordinating Association
of Mothers' Clubs
 Concertation Table for the Fight against Poverty

OTHER INSTITUTIONS THAT WORK FOR CHILDREN

 Scout Association of Peru ADRA Peru

 Amici Dei Bambini
 Association of Professionals for the Rights of Children and Adolescents Association
of Scouts of Peru
 Solaris Peru Association A Day of Hope Association
 Peruvian Episcopal Conference – Childhood Pastoral
 National Delegates of the XIV National Meeting of Girls, Boys and Adolescents
2011
 Facilitators of Social Development Family and Development
 Don Bosco Foundation
 Save the Children UK Training Institute for Adolescents and Children
 International Plan of Peru
 Christian Children's Fund – EVERYCHILD World Vision
 ILO
 National Network of Children and Adolescents UNICEF
 Yapanchik Local Commissions

FOURTH WEEK:

24
 PROTECTION SYSTEMS
 THE COMMITTEE ON THE RIGHTS OF THE CHILD

VII. PROTECTION SYSTEMS

The National System for the Comprehensive Protection of Children and Adolescents is
a coordinated set of public and private bodies, entities or institutions, whose policies,
plans and programs have the primary objective of guaranteeing the full enjoyment of
the rights of girls, boys and adolescents. . Comprehensive Protection Systems seek to
generate general and special guarantees and national and local structures that
facilitate the effectiveness of the rights of children and adolescents, as established in
article 4 of the Convention on the Rights of the Child.

This not only improves the exercise of the rights of children and adolescents, but also
helps the necessary reorganization of the intervention of the different State institutions
(ministries, municipalities, governorates, municipalities, courts of justice, auxiliary
bodies of justice, police, etc.), expanding the capacity for inclusion of boys and girls in
universal policies.

OF POLITICAL ORDER

25
 APPLICABLE ORDER: Intervening Institutions:

Some of the bodies that make up the protection system

1. NATIONAL POLICE OF PERU

The National Police of Peru is a State institution created to guarantee internal order, the
free exercise of fundamental rights of people and the normal development of citizen
activities. She is professional and hierarchical. Its members represent law, order and
security throughout the Republic and have the authority to intervene in all matters
related to the fulfillment of their functions.
The fundamental purpose of the National Police of Peru is to guarantee, maintain and
restore internal order. Provides protection and help to people and the community. It
guarantees compliance with laws and the security of public and private assets.
Prevent, investigate and combat crime. Monitor and control the borders.

2. SPECIALIZED POLICE

a. DEFINITION
The specialized Police is in charge of assisting and collaborating with the
competent State agencies in the education, prevention and protection of
children and adolescents.

b. ORGANIZATION
The specialized Police is organized at the national level and coordinates its
actions with PROMUDEH and with duly authorized institutions.

c. REQUIREMENTS
The specialized Police personnel, in addition to the requirements established in
their respective regulations, must:

a) Have training in the disciplines of child and adolescent law and family law;
b) Have impeccable conduct; and

26
 c) Not have judicial or disciplinary records.

d. TRAINING
The National Police coordinates with the MIMP and with the family welfare
institutions duly authorized by it, the training of personnel who will perform the
functions of the specialized Police.

e. FUNCTIONS

The functions of the specialized Police are:

a) Ensure compliance with the rules for the protection of children and
adolescents established by State institutions and the execution of judicial
resolutions;
b) Develop, in coordination with other entities, educational and recreational
activities aimed at achieving the comprehensive training of children and
adolescents;
c) Control and prevent the entry and stay of children and adolescents in
public or private places that threaten their physical or moral integrity;
d) Prevent the possession or marketing of writings, audiovisuals, images,
pornographic material and other publications that may affect the education
of children or adolescents;
e) Monitor the movement of children or adolescents inside and outside the
country, especially at airports and transportation terminals;
f) Support the institutions in charge of monitoring adolescent offenders with
education and recreation programs;
g) When circumstances require it, take charge of the surveillance of
adolescent offenders in specialized centers;
h) The others that correspond to it in accordance with this Code, its Organic
Law and the other regulations.

3. JUSTICE SUPPORT POLICE

a. DEFINITION
The Justice Support Police in matters of children and adolescents is responsible
for making notifications by order of the judicial authority and the competent
Prosecutor and for collaborating with the measures dictated by the Judge.

b. FUNCTIONS
The functions are:
a) Investigate cases of non-compliance with family assistance duties;
b) Carry out investigations requested by court order;
c) Execute the orders for the appearance, conduct and detention of adults
issued by the Judge and the Family Courts, as well as carry out judicial
notifications; and
d) Collaborate with the Judge in the execution of his resolutions.

4. LEGAL MEDICAL SERVICE FOR CHILDREN AND ADOLESCENTS

27
 At the Institute of Legal Medicine there is a special and free service for children and
adolescents, properly equipped, in a different place from that for adults.
The professional, technical and auxiliary personnel who provide care in this service
will be properly trained.

VIII. THE COMMITTEE ON THE RIGHTS OF THE CHILD

The Committee on the Rights of the Child is the body of independent experts that
monitors the implementation of the Convention on the Rights of the Child by its States
Parties. The Committee also monitors the implementation of the two optional protocols
to the Convention, relating to the involvement of children in armed conflict and the sale
of children, child prostitution and child pornography.
All States Parties must submit periodic reports to the Committee on the way in which
rights are exercised. Initially, States must submit a report two years after their
accession to the Convention and every five years thereafter. The Committee reviews
each report and expresses its concerns and recommendations to the State Party in the
form of "concluding observations".
The Committee considers the additional reports to be submitted by States that have
acceded to the two optional protocols to the Convention.
The Committee cannot consider complaints from individuals, although issues related to
children's rights may be raised with other committees competent to consider
complaints from individuals. The Committee meets in Geneva and normally holds three
sessions a year consisting of a three-week plenary session and a pre-session working
group that meets for one week. In 2006, the Committee will examine the reports in
parallel in two chambers composed of nine members each, "as an exceptional and
temporary measure", to be able to examine all the accumulated reports.
The Committee also publishes its interpretation of the content of human rights
provisions, in the form of general comments on thematic issues, and organizes days of
general debate.

FIFTH WEEK:

 THE OPTIONAL PROTOCOLS

 REPORTS ON THE SITUATION OF CHILDREN, MAIN GENERAL
OBSERVATIONS

IX. THE OPTIONAL PROTOCOLS

The Convention on the Rights of the Child, a universally accepted set of irrevocable
norms and obligations, offers protection and support for children's rights. By adopting
the Convention, the international community recognized that, unlike adults, people
under 18 years of age need special care and protection. To help eliminate the
increasing abuse and exploitation of children around the world, the United Nations
General Assembly adopted two Optional Protocols to the Convention in 2000 that

28
 strengthen the protection of children against their participation in armed conflicts and
sexual exploitation.
The Optional Protocol on the Involvement of Children in Armed Conflict sets 18 years
as the minimum age for compulsory recruitment and requires States to do everything
possible to prevent individuals under 18 years of age from directly participating in
hostilities.
The Optional Protocol on the Sale of Children, Child Prostitution and Child
Pornography draws special attention to the criminalization of these serious violations
of children's rights and emphasizes the importance of promoting greater awareness
public and international cooperation in activities to combat them.
Optional protocols must always be interpreted in light of the original treaty as a
whole, which in this case is governed by the principles of non-discrimination, the best
interests of the child and child participation.
After the approval of a human rights treaty, “optional protocols” are usually added,
legal mechanisms that complement and add provisions to the treaty. A protocol may
address a topic related to the original treaty and is used to elaborate on issues that
appeared in the original treaty, address a new concern, or add a procedure for the
application and implementation of the treaty, such as including a procedure for
individual presentation of complaints. The optional protocols to the Convention on the
Rights of the Child provide more detail and expand the obligations of the original
treaty.
A protocol is “optional” because it does not automatically bind States that have
already ratified the original treaty. These obligations in the protocol are additional and
may be more demanding than those that appeared in the original Convention, so
states must independently choose whether or not they want to be bound by the
protocol. Therefore, an optional protocol has its own ratification mechanisms
independent of the treaty it complements.
Generally, only States that have already agreed to be bound by the original treaty
can ratify its optional protocols. The optional protocols to the Convention on the
Rights of the Child, however, allow non-party States to ratify or accede to them. For
example, the United States, which has not ratified the Convention, has ratified both
optional protocols. States must ratify each of the protocols following the same
procedure they used when they ratified the Convention.

X. REPORTS ON THE SITUATION OF CHILDREN, MAIN GENERAL OBSERVATIONS

The recommendations and opinions of almost two thousand girls, boys and adolescents
in the country were taken into account in the National Report on the Situation of the
Rights of Girls, Boys and Adolescents, which was presented by the Inter-institutional
Collective for the Rights of the Childhood and Adolescence, and the Roundtable for the
Fight Against Poverty within the framework of the celebration of 30 years of the
approval of the Convention on the Rights of the Child.

The girls, boys and adolescents were emphatic in expressing their needs for care in
various areas such as the family, community and institutional, as well as at the level of
health, education and protection services (courts, prosecutors, police, CEM,
DEMUNAs, UPEs, among others).

29
All of this reflects the urgent need to review and discuss the progress and results over
30 years of the Convention on the Rights of the Child, and promote reforms from a
comprehensive national policy for the protection of children and adolescents, as well as
the due allocation and management of public budget to respond to various demands
such as the specialization of the operators of the protection system in childhood and
adolescent issues, the improvement of the infrastructure and quality of protection
services, the strengthening of the participation of girls, boys and adolescents , the
strengthening of families for care and protection, the generation of protective
environments from a preventive approach and the restitution of rights, which contribute
to comprehensive development and the principle of the Best Interest of the Child.

SOS Children's Villages Peru, as a member of the Inter-institutional Collective for the
Rights of Children, reaffirms its commitment to contributing to improving the quality of
life of girls, boys and adolescents, especially those who are in a situation of lack of
protection, in order to achieve a more just, protective, equitable and democratic country

MAIN GENERAL OBSERVATIONS.

1. Physical punishment.

As we know, in the past, punishment was a very common form of discipline against
minor children, but the practice that we see today is the increase in cases of abuse by
their own parents. For thousands of years it has been seen, as an indispensable means
for training and discipline, that a parent can carry out corporal punishment, and it was
part of the institutional educational model or, where appropriate, corrective. Currently,
under the comprehensive protection doctrine, boys and girls are seen as subjects of law
and must receive special attention due to their age, which places them in a vulnerable
situation.

Currently, many cases are reported, many institutions are aware of these types of
abuse of minors, but there is a dark figure of the reality of correcting children for some
reason that the parent considers serious, causing injuries to the children. body,
generating psychological trauma, emotional damage. According to the doctrine of
comprehensive protection, the role of parental care with respect to children has a
different connotation from that inherent to parental authority. All of this action flagrantly
violates the rights of the child, which are regulated in the Convention on the Rights of
the Child, according to the United Nations Assembly, 20NOV1989, where the basic
guidelines and principles for the protection of rights are published. of the child.

2. Children and adolescents before justice.

The Committee on the Rights of the Child has also recommended the implementation of
the United Nations Standard Minimum Rules for the Administration of Juvenile Justice
(“Beijing Rules”), the United Nations Rules for the Protection of Juveniles Deprived of
their Liberty and the United Nations Guidelines for the Prevention of Juvenile
Delinquency (“RIAD Guidelines”), which provide relevant standards for the
implementation of the Convention on the Rights of the Child.

The Committee on the Rights of the Child has specified that States Parties should not
reduce the protection provided to minors who have not reached the age of 18 simply
because the age of majority is reached earlier; It has also expressed concern that the
juvenile justice system in many States Parties does not comply with the principles and
30
 provisions of the Convention.

3. Right of opinion of children and adolescents.

The Convention on the Rights of the Child requires that the child's opinion be given
“freely”; that is, without the child being subject to any type of pressure, coercion or
influence that could prevent him from expressing his opinion spontaneously and
naturally. Referring to the child and adolescent who is in a position to form their own
judgment, they have the right to express their opinion freely on all matters that affect
them and by the means they choose, and that their opinions are taken into account
based on their age. and maturity.

The right of participation of children and adolescents in judicial processes in which

decisions are analyzed and adopted in relation to their person, or that affect them, is a
direct consequence of the recognition of the quality of minors as subjects of law. of 18
years and the principle of equality before the law.

4. Violence against children and adolescents.

Violence against children and adolescents in Peru is a dramatic reality that remains
largely invisible.

46 countries in the world have adopted legislation that expressly prohibits and punishes
all types of violence against children and adolescents, including physical and
humiliating punishment. A serious problem in our country is the lack of information at
the national level on violence against children. There is no single database for physical
and humiliating punishment or other forms of violence against children and adolescents.
This does not allow us to know the real magnitude of this problem at the national level.
There are only partial studies. The existing data is based only on cases that are
reported.

SIXTH WEEK:

 FORMS OF VIOLENCE AGAINST CHILDREN AND ADOLESCENTS

 GIRLS, BOYS AND ADOLESCENTS IN THEIR RELATIONSHIP WITH JUSTICE

XI. FORMS OF VIOLENCE AGAINST CHILDREN AND ADOLESCENTS

Punishment was a very common form of discipline against minor children, but the
practice that we see today is the increase in cases of child abuse.

For thousands of years it has been seen, as an indispensable means for training and
discipline, that a parent can carry out corporal punishment, and it was part of the
institutional educational model or, where appropriate, corrective. Currently, under the
comprehensive protection doctrine, boys and girls are seen as subjects of law and must
receive special attention due to their age, which places them in a vulnerable situation.

31
Today the cases are reported, many institutions are aware of these types of abuse of
minors, but there is a dark figure, the reality of correcting children for some reason that
the parent considers serious, causing injuries to the body, generating trauma.
psychological, emotional damage.

There is a mistaken perception of the true role of parental authority. Currently, under
the comprehensive protection doctrine, boys and girls are seen as legal persons and
must receive special attention due to their age, which places them in a vulnerable
situation.

The flagrant violation of the rights of the child that are regulated in the Convention on
the Rights of the Child, according to the United Nations Assembly, 20NOV1989, and
that focuses on avoiding, discouraging and sanctioning the presence of corporal
punishment, as a form of child abuse, and its impact on the violation of the rights of the
child, for this the quantitative approach will be used, where the reading that those who
know our problems such as the lawyers and operators of the family judiciary will have,
together with the review of the literature of both the doctrine and the jurisprudence that
has been issued in both the constitutional and ordinary judiciary.

A. TYPES OF VIOLENCE.

 Physical.

Punishment can range from: ear pulling, hand or buttock slaps, hair pulling,
sideburn pulling, burns, etc. Corrective measures based on corporal punishment
sometimes degenerate into an escalation of violence.

The effects of corporal punishment are not correcting, pain or fear only stops the
unwanted behavior, the child will avoid the father or mother who punished him,
there are cases of negative emotional responses in relation to the parents, the
punisher In this case the father or mother does not measure what damage is
caused, the punishment may be exceeded.

 Psychological

Psychological abuse can exist by commission and also by omission, also called
direct and indirect psychological abuse, it would be represented by all those
behaviors that have a direct reception in the child (example: verbal rejection,
contempt, humiliation, threat, isolation , confinement, interfering in their social
relationships, etc)

 Sexual

It occurs when an adult forces the girl or adolescent to have sexual relations or
forces her to engage in sexual behavior against her will.
 Economic

Financial or illegal exploitation and control of funds and other resources necessary
for economic and personal survival, or the denial to women of daily support, which
corresponds to maintaining the home and children

32
 B. MODALITIES OF VIOLENCE.

 Child abuse.

“Child abuse is defined as any action intended to cause any physical, sexual or
emotional action or non-accidental omission in the treatment of a child or
adolescent by their parents; said action threatens their physical and psychological
development.” (Chunga.2001.p, 46).

 Sexual abuse.

Sexual abuse is a form of child abuse defined as the participation of a child in

sexual activities that he/she cannot understand, for which he/she is not
developmentally prepared and to which he/she cannot give consent.

 Bullying.

It is the exposure that a child suffers to physical and psychological harm

intentionally and repeatedly by another child, or a group of them, when they go to
school.

 Abandonment.

It is the neglect, inattention or helplessness, negligent or not, of the child or

adolescent by the people responsible for their care (mother, father, guardians,
etc.), which has as an indispensable presupposition the consequent lack of family
support, added to the existence of situations that seriously affect, in each specific
case, the comprehensive development of a child or adolescent and that, based on
this situation of lack of protection, do not allow the enjoyment of their fundamental
rights.

XII. GIRLS, BOYS AND ADOLESCENTS IN THEIR RELATIONSHIP WITH JUSTICE

For the purposes of determining access to justice for people under 18 years of age, we
must take into account that the most common perspectives are those of the adolescent
offender in specialized justice and that of the minor victim or witness of the crime in
criminal justice. .
To this end, the following have been granted in international matters: United Nations
Minimum Rules for the Administration of Juvenile Justice (Beijing Rules, 1985)
These Rules were deliberately formulated to be applicable in different legal systems,
according to any definition of youth and crime, and any system of treatment of young
offenders.
The Rules, which will always be applied impartially and without any distinction, have
the following objectives:
- Administer justice in a democratic manner: Guarantees of due process, accusatory
principle (investigation and oral trial phases correspond to different judicial bodies;
the decision-making body is prohibited from carrying out accusatory functions) and
presumption of innocence.
- Promote the responsibility of adolescents who have committed a criminal offense.

33
- Promote their social integration.
- Promote community participation in the social reintegration process, through the
offer of services and programs for the fulfillment of socio-educational measures,
which are aimed at guaranteeing justice for child victims and witnesses of crimes,
ensuring the right to information, participation, assistance and protection.
On the other hand, justice professionals, combining contemporary knowledge with the
application of international standards, must avoid at all costs the re-victimization of the
child due to contact with the administration of justice:
This taking into account the following rights:
a. Right to dignified and empathetic treatment throughout the entire procedure:
Address individual special needs and age; use understandable language; avoid
unnecessary interviews and treatment by untrained professionals; interference in
the child's private life.
b. Right to protection against discrimination.
c. Right to be informed of existing support services and everything that happens
throughout the procedure:
- Social services, legal representation and advice, emergency financial support,
etc.
- Date and place of hearings.
- Protection measures.
- The role of the child victim or witness in the procedure, the way in which
interrogations will be carried out during the investigation and trial.
- What to expect from the process.
- The evolution of the case: arrest, deprivation of liberty or legal situation of the
accused, as well as any changes agreed upon during and after the trial.
- Opportunities for reparation in criminal or civil proceedings.

d. Right to express opinions and be heard.

e. Right to effective assistance: In addition to the establishment of victim care
services, justice professionals and all those who will be in contact with victims and
witnesses must be properly trained to help children to provide tests correctly and
understand what is happening around them without suffering.
f. Right to privacy: the participation of a child in a process must be protected, for
which the disclosure of information must be avoided, preventing the presence of
the public and the media in the room.
g. Right to be protected from any harm that may be caused by the investigation and
prosecution process: - Accompany the child throughout the process and reduce
the chances of him or her feeling intimidated. - Plan the child's participation:
special interview rooms, modifying and scheduling hearings at appropriate times
and with breaks, if necessary. - Guarantee agile trials. - Limit the number of
interviews, statements and hearings, as well as unnecessary contact with the

34
 alleged perpetrator and his defense.
h. Right to security: Recognize and prevent situations in which a child may be
intimidated, threatened before and after the trial and notify the competent
authorities, even keeping their whereabouts secret.
i. Right to reparation: Within the criminal process, together with informal justice or
community justice mechanisms, if possible. Civil liability derived from the crime
and payment of legal costs.
j. Right to special preventive measures when there is a possibility that the child will
continue to be victimized.

SEVENTH WEEK: FIRST PARTIAL EXAM

EIGHTH WEEK:

 PROTECTION IN THE POLICE FUNCTION

 POLICE FUNCTION WITHIN THE FRAMEWORK OF LAW Nª 30064

XIII. PROTECTION IN THE POLICE FUNCTION.

The police are constituted as an apparatus at the service of the judicial system and at
the service of the entire society, and an indispensable instrument to guarantee social
harmony, an essential condition to develop the aspirations of peace, progress and well-
being of the people.
Police officers also have a primary role in the fight against factors that hinder the
fulfillment of human rights and especially the rights of children and adolescents.
Likewise, it intervenes in the investigation of all types of crimes in which the victims are
minors, considering all investigations related to child abuse, child pornography, sexual
tourism, child prostitution and child trafficking to be essential.
On the other hand, we must indicate that the task of the Police must be complemented
with the development of prevention programs in order to avoid the exploitation of
children. This task must also cover an aspect that seems to have been neglected until
now: the multidisciplinary and comprehensive care of the victim and the development of
an eminently community task aimed at the general population that broadly
encompasses prevention, orientation, treatment and recovery actions. , articulated with
the rest of civil society organizations.
The challenge of police personnel, as an institution, is to guide all efforts and
capabilities to become a fully institutionalized police force, in permanent transformation,

35
In short, police officers aim to be responsible for the safety of all citizens and for this
reason they play a great role in defending the rights of children and adolescents, as
they are a group of special vulnerability and dependence on others. Since situations of
risk and/or abuse of children involve the violation of these rights, it is necessary for the
Police to be alert to these situations and act accordingly.
The Police have permanent contact with high-risk situations (drug addiction, crime,
family violence, etc.) and therefore have special importance in detecting factors that
can lead to child abuse since they can observe risk indicators. , even if indirectly.
Likewise, the Police can become a primary agent of prevention. At this point we can
talk about primary and secondary prevention.
- Primary. As previously mentioned, when being in contact with a population in which
numerous psycho-social, economic, etc. problems occur, police officers have a special
facility for observing risk situations, which they must communicate to Social Services.
Likewise, they can collaborate in raising awareness among the population on issues of
child abuse.
- Secondary . To the extent that the police officer prevents new abuse from occurring,
he is carrying out preventive work. That is, when a child has been a victim of abuse, the
police must protect him or her either by arresting the aggressors or by transferring him
or her to a hospital when necessary, to an appropriate center.

IN THE CASE OF GIRLS, BOYS OR ADOLESCENTS:

1. Girls, boys or adolescents may report acts of violence against them or other
people without the presence of an adult.
2. In this circumstance, police personnel guarantee your safety until the protection
measure is issued .
3. If the report of violence reveals a situation of abandonment of a girl, boy or
adolescent, it is immediately communicated to the Family Court or the one acting
in its place, to the Family Prosecutor or its equivalent, and to the Guardianship
Investigation Unit of the Ministry of Women and Vulnerable Populations to act
according to their powers.
4. If the report of violence involves girls, boys or adolescents as victims or
aggressors, it is reported to the Family Prosecutor's Office.
5. If the report of violence that is registered involves an alleged crime, police
personnel immediately report the fact to the Provincial Criminal Prosecutor's
Office.
6. Once the complaint is received, the police personnel of the Family Section of each
Police Station must immediately inform the Family Court, for the granting of
protection measures, sending the statement or report within 24 hours of becoming
aware of the fact.

IMMEDIATE ACTIONS

1. Inform the complainant about their rights, to have free legal defense from the
State, and the free public and private services to which they can resort, drawing up
the corresponding minutes.
36
 2. Additionally, the victim will be informed that the Risk Assessment Form will be filled
out, to be sent to the Family Court or its equivalent.
3. Each Police Station will publish in a visible place the directory of public services
offered in its jurisdiction, under responsibility.
4. The information is important not only to the victim but to the people who
accompany the attacked woman. The so-called Risk Assessment Sheet is what
will determine the status of the victim.
5. If the victim requires medical attention, he or she will be taken to a health
institution, which will be recorded in the respective Occurrence Report, noting the
legal general information and the details of the treating doctor, informing the
Family Court for the actions within its jurisdiction. .
6. This medical care must be efficient, because the damage from forms of violence
and its consequences are often irreversible.
7. Issue the summons to the accused, proceeding in accordance with the provisions
of the Police Procedures Manual. In no case can the summons be entrusted to the
victim, under responsibility.
8. The notification is essential so that those accused are immediately part of the
investigation.
9. Police personnel must go to the scene of the events in order to preserve the
scene, taking all precautions to safeguard and protect the place and the evidence,
which will be recorded in the respective Minutes; If a further evaluation of the
scene of the events is necessary, the DIRCRI or OFICRI will be summoned as
appropriate.
10. The presence of the police must be immediate because the investigation of the
scene of the events will be able to determine the clues, evidence and evidence
that can be found to determine the authorship or confirm what was indicated by the
victim.

NO RE VICTIMIZATION.

Revictimization is a repetition of violence against someone who has previously been a

victim of some aggression, even if it is by omission. More specifically, institutional
revictimization is understood as the deficiencies linked to the care received from entities
dedicated to the protection of children and adolescents.

CONFIDENTIALITY.

In everything related to children and adolescents, family institutions, throughout the

research process, will have to comply with the confidentiality requirement.

IDENTITY RESERVATION.

The adolescent's right to image and identity must be respected at all times. The judicial
procedure where children or adolescents are subject to violence in any of its forms is
reserved.

XIV. POLICE FUNCTION WITHIN THE FRAMEWORK OF LAW 30363

37
 The general framework of the police function is the following:
 Complaint. When the Police receive the complaint, they have the obligation to fill
out a form assessing the victim's risk and bring the case to the attention of the
family court or criminal prosecutor's offices, within a period of 24 hours.
 Flagrancy. In the event of a flagrante delicto, the Police must immediately arrest
the aggressor, even entering the home or place where the events are occurring.
You must immediately inform the Criminal Prosecutor's Office of what happened to
begin the corresponding investigations. You must also inform the Family Court so
that it can issue urgent protection measures.
 Protection measures. The life of an assaulted woman can be at serious risk if she
is not provided with adequate protection. Protection measures must be carried out
by the Police, who must also enable a communication channel to effectively
respond to victims' requests for protection.
 Non-compliance with regulations. If the police refuse to receive the complaint,
fail to inform the Family Court or perform any other of their duties, the complaint
must be filed with: •
The IGPNP, or the Regional Inspectorates or the Police Discipline Offices. •
Or call the toll-free line 1818, option 3, of the MININTER.

NINTH WEEK:

 INTERVENTION PROCEDURE ACCORDING TO THE GUIDE OF PROCEDURES

FOR INTERVENTION OF THE NATIONAL POLICE OF PERU WITHIN THE
FRAMEWORK OF LAW N° 30364

XV. INTERVENTION PROCEDURE ACCORDING TO THE GUIDE OF PROCEDURES

FOR INTERVENTION OF THE NATIONAL POLICE OF PERU WITHIN THE
FRAMEWORK OF LAW N° 30364.

POLICE PROCEDURES IN CASES OF VIOLENCE

1. KNOWLEDGE OF THE FACTS AND POLICE COMPLAINT

a. OF THE PERCEPTION OF THE ACT OF VIOLENCE

- Once the police personnel on street service are aware of the acts of
violence, they must immediately report them to the personnel of the Police
Station of the corresponding police jurisdiction through the Occurrence
Report.
- As a result of a request for proof of forced or voluntary removal from
the home , warn that the case arises from an act of violence against
women or members of the family group, they will immediately proceed to

38
 register it as a complaint.
- As a result of a request for verification of abandonment of the home ,
warn that the case arises from an act of violence against women or
members of the family group, they will immediately proceed to register it
as a complaint.
- As a result of a complaint. You must identify yourself to the user with
your grade and full names, so you must have your identification sign
visible on your desk.
Girls, boys or adolescents may report acts of violence against them or other
people without the presence of an adult. In this circumstance, police
personnel guarantee your safety until the protection measure is issued.
b. OF THE RECEPTION OF THE COMPLAINT
Police personnel, regardless of specialty, are OBLIGED to receive, record
and immediately process verbal or written complaints of acts of violence
against women and members of the family group presented by the victim or
any other person on their behalf. In the case of victims, it is NOT necessary
to present the National Identity Document (DNI) or immigration card.
c. OF THE JURISDICTION
Even when the reported fact corresponds to another police jurisdiction, the
complaint will be received , recorded and immediately referred with the
preliminary actions to the corresponding police jurisdiction , after
communication to the Family Judge of the place or those who fulfill their
functions and to the Criminal Prosecutor. to constitute a crime.
It is prohibited to refer the complainant to another agency under responsibility.
Note: The entire police procedure must be framed within 24 hours of
receiving the complaint.
d. TO RECEIVE AND REGISTER THE COMPLAINT
What is stated by the person who requires police intervention is sufficient,
and it is not necessary to present the results of physical or psychological
examinations, or expertise of any nature, or for the victim to show visible
signs of violence.
If the victim has documents that serve as evidence, these will be received
and included in the Attestation or Report, which will be sent to the Family
Court or its equivalent. For this purpose, the precision formalized in article
132 of the Regulations of the law will be taken into account.
e. OF THE USE OF THE APPLICATION AND POLICE REPORTING SYSTEM
Police personnel have the obligation to register the complaint immediately in
the respective application of the Police Complaint System (SIDPOL) and, in
the absence of this, in the complaint book; The registration of the complaint
must be prior to the request for the expert examination.
f. OF EXTERNALITIES FOLLOWING THE COMPLAINT
If the report of violence reveals a situation of abandonment of a girl, boy or
adolescent, it is immediately communicated to the Family Court or the one
acting in its place, to the Family Prosecutor or its equivalent, and to the
39
 Guardianship Investigation Unit of the Ministry of Women and Vulnerable
Populations to act according to their powers.
If the report of violence involves girls, boys or adolescents as victims or
aggressors, it is reported to the Family Prosecutor's Office.
g. OF THE PRE-EXISTENCE OF THE ALLEGED CRIME
If the report of violence that is registered involves an alleged crime, police
personnel immediately report the fact to the Provincial Criminal Prosecutor's
Office.
h. REPORT REQUIREMENTS
The report must contain, in addition to the data required by the Police
Complaint System (SIDPOL), the following: 1) Full names and surnames of
the victim, full names and surnames or identification data of the person
reported, if applicable, the alias. , address, landline or mobile phone number,
email address of the victim, the aggressor and a family member of the victim
if they have one. 2) Relationship of the victim with the person reported. 3)
Home sketch of the victim and the person reported.

2. OF IMMEDIATE ACTIONS

a. Inform the complainant about their rights, to have free legal defense from the
State, and the free public and private services to which they can resort,
drawing up the corresponding minutes. Inform the victim that the Risk
Assessment Form will be filled out, to be sent to the Family Court or its
equivalent.
b. In the event that the Victim requires medical attention, he or she will be taken
to a health institution, which will be recorded in the respective Occurrence
Report, noting the legal general information and the details of the treating
doctor, informing the Family Court for the actions of its competition.
c. Issue the summons to the accused, proceeding in accordance with the
provisions of the Police Procedures Manual. In no case can the summons be
entrusted to the victim, under responsibility
d. Police personnel must go to the scene of the events in order to preserve the
scene, taking all precautions to safeguard and protect the place and the
evidence, which will be recorded in the respective Minutes; If a further
evaluation of the scene of the events is necessary, the DIRCRI or OFICRI will
be summoned as appropriate.

3. THE PREPARATION OF THE POLICE REPORT OR REPORT.

a. The police report or report in the state as it is, must be sent within 24 hours to
the Family Court or its equivalent for the actions within its jurisdiction.
b. The police report or report must contain the documents that have been
provided by the complainant or obtained by the police instructor for the
pronouncement of protective or other measures that guarantee the well-being
of the victims,
40
 c. Content of the report or police report.
The National Police of Peru forwards to the Family Court, within twenty-four
hours of receiving the complaint, the report or police report, which contains at
least the following information:
1. Name, identification document number, address with the respective
sketch of the victim's location, also stating the landline and/or cell phone
number and/or email if available.
2. Name, identification document number, address with the respective
location sketch of the complainant, if it is a person other than the victim,
and also stating the landline and/or cell phone number and/or email if
available.
3. Name, identification document, address with the respective sketch of
the location of the person reported, also indicating a landline and/or cell
phone number and/or email if available.
4. Date of the incident reported
5. Summary of the facts that motivated the complaint.

6. Accuracy of the procedures carried out in the investigation stage.

7. Report on complaints previously filed by the victim for similar
events.
8. Report regarding whether the reported person registers previous
complaints about any of the actions sanctioned by the Law.
9. Report regarding whether the person reported is an official, official,
servant or public servant in accordance with article 425 of the Penal
Code.
10. Report regarding whether the person reported has a license to use
weapons
11. Duly completed risk assessment form
12. Date

TENTH WEEK:

 PROTOCOL FOR SPECIALIZED CARE OF ADOLESCENTS IN CONFLICT WITH

THE CRIMINAL LAW IN PRELIMINARY STAGE

XVI. PROTOCOL FOR SPECIALIZED CARE OF ADOLESCENTS IN CONFLICT WITH

THE CRIMINAL LAW IN PRELIMINARY STAGE.

41
 The Interinstitutional Protocol for the specialized care of adolescents in conflict with
the criminal law describes in a logical and sequential manner the main procedures to
be followed in the preliminary stage of the investigation carried out against
adolescents in conflict with the criminal law, and includes a graphic description of the
themselves in process flowcharts. Likewise, it establishes a concrete and simple
method of articulated implementation, under a focus on Human Rights and restorative
juvenile justice.
Institutions involved
The following institutions intervene in this protocol:
- Public ministry
- Family Prosecutor's Office.
- Ministry of Interior
- National Police of Peru.
- Ministry of Justice and Human Rights
- Public Defense.
- Local government.
- Civil society organizations.

42
POLICE PROCEDURE IN CASE OF FLAGRANCY:
1. Communication to the Public Prosecutor's Office: The service personnel of
the police department will immediately inform, under their responsibility, the
Family or Mixed Prosecutor's Office on duty, about the retention of the
adolescent. If there are adults detained for the same act, the Provincial Criminal
Prosecutor will also be notified.
2. ADOLESCENT RIGHTS:
Police personnel:
2.1. He will deliver the retention slip to the adolescent in conflict with the Criminal
Law, indicating the reason for his retention and noting that he must sign it
and put a digital impression of his right index finger.
2.2. It will inform the adolescent about their rights in the justice administration
system.
2.3. It will keep the adolescent in a suitable and safe place until he or she is
transferred to the specialized module for the care of adolescents in conflict
with criminal law.
2.4. In case of participation with adults in the criminal offense, you will remain
separated from them.
3. Communication to parents and/or adults responsible for the adolescent.

The responsible personnel of the police department will inform the parents and/or
adults responsible for the adolescent about their retention32, without prejudice to
leaving a record of such communication.
4. Communication to the adolescent care module.
The responsible personnel of the police unit will inform the police manager of the
specialized module about the retention of the adolescent and his imminent
driving.
5. Legal Medical Recognition
The personnel responsible for the police department where the investigation
begins will take the adolescent to the Institute of Legal Medicine and Forensic
Sciences for medical examination and determination of chronological age, which
will be formalized with a document.
6. Action of the Institute of Legal and Forensic Medicine
The Institute of Legal Medicine and Forensic Sciences will carry out the medical
examination of physical integrity and determination of chronological age33. No
sexual integrity examination will be carried out, except by tax provision.
7. Concurrence of Adolescents in Conflict with the Criminal Law and adults.
The responsible personnel of the police department:
7.1. He will be in charge of investigating the infraction when adolescents and
adults attend, under the knowledge and direction of the Public Ministry.

43
 7.2. The teenager will be transferred to the specialized module for his tax return
and will proceed as determined by the prosecutor.
7.3. Those involved in the adolescent care module will be referred to said police
unit to continue the investigation.
8. Transfer to the adolescent care module
The responsible personnel of the police department will immediately transfer the
adolescent to the care unit, unless otherwise ordered by the prosecutor, when the
complexity of the investigation or case warrants it. For the transfer, the following
considerations will be taken into account:
8.1. The necessary security measures to avoid putting the integrity of the
adolescent and police personnel at risk.
8.2. Separate transfer based on gender.
8.3. The separate transfer of the victim and adolescent in conflict with the
Criminal Law.
8.4. Transfer with specialized personnel and according to the gender of the
adolescent

9. Documents for the transfer of the adolescent.

The responsible personnel of the police station will transfer the adolescent
immediately, with the following documents:
9.1. Police intervention report

9.2. Legal medical examination and chronological age determination.

9.3. Other applicable documents (The responsible personnel of the police

department will transfer the adolescent immediately, with the following
documents: 9.1. Police intervention report. 9.2. Legal medical examination
and chronological age determination. 9.3. Other applicable documents)
10. Adolescent care in the specialized module
The police personnel responsible for the adolescent care module:
10.1. You will receive the adolescent and sign the referral documents.
10.2. The teenager will be transferred to the reflection room.
10.3. He will transfer the victim to the corresponding room.
10.4. The adolescent's relatives will be transferred to the corresponding space.
10.5. It will provide access facilities to the Interdisciplinary Team of the
Restorative Juvenile Justice Program of the Public Ministry.
10.6. Under no circumstances may the adolescent be held incommunicado and
interrogated without the presence of the prosecutor and his defense
44
 attorney.
The police personnel responsible for the adolescent care module:
- The adolescent's police report containing the investigations will be sent to the
prosecutor's office when the prosecutor decides to formalize a complaint, within a
maximum period of 18 hours after the adolescent is detained, provided that this
has been previously ordered by the Prosecutor.
- It will send to the tax headquarters the police report of the adolescent who has
the status of summoned, within a maximum period of 15 days.
- The adolescent will be transferred to the prosecutor's office when the Family or
Joint Prosecutor formalizes the adolescent's complaint and after prior
coordination.
- The police intervention will conclude with the presentation of the report and the
transfer of the adolescent to the tax headquarters within the legal deadline.

IF FLAGRANCY DOES NOT APPEAR

1. COMPLAINT.- In the case of Adolescents in Conflict with the Criminal Law, the
police personnel from all the district units will refer the complainant to the police
unit where the specialized module is located.
2. Communication to the Public Ministry.
3. The police personnel of the specialized module will summon the adolescent
through a written and formal communication, indicating that he must appear with
a family member and/or responsible adult, as well as with his defense attorney.
4. CONCURRENCY OF TEENAGERS IN CONFLICT WITH THE CRIMINAL LAW
AND ADULTS PARTICIPATING IN THE ILLICIT: The responsible personnel of
the police department will be in charge of investigating the infraction when
adolescents and adults participate in the crime:
a. The teenager will be summoned to the specialized module for his tax return
and will proceed as determined by the prosecutor.
b. Those involved in the adolescent care module will be sent to the police
station to continue the investigation.
5. The Family or Mixed Prosecutor, after the adolescent's statement has been
made, will order the pertinent procedures to be carried out to clarify the facts and
in response to the Initial Assessment Report of the Interdisciplinary Team, will
order that the adolescent enter a psychosocial evaluation process.

POLICE ACTION IN THE CASE OF THE VICTIM

IN CASE OF FLAGRANCY
1.1. Will register the complaint.

45
 1.2. It will provide information and guidance to the victim about the procedure to
follow in the adolescent care module.
1.3. The victim will be transferred separately to the adolescent care module, avoiding
contact with the adolescent in conflict with the criminal law.
1.4. It will take security measures to protect the integrity of the victim.
1.5. If you have the support of a victim care team, you will bring the case to their
attention.
1.6. It will inform the Family or Mixed Prosecutor about the presence of the victim in
the police establishment, who, when appropriate, will bring the case to the
attention of the Assistance and Protection Program for Victims and Witnesses,
who will proceed according to their functions.

WHEN FLAGRANCY DOES NOT OCCUR

The victim will be summoned to make a statement before the prosecutor in the
specialized module.

ELEVENTH WEEK:

 CONORDANCES BETWEEN THE PROTOCOL FOR SPECIALIZED CARE OF

ADOLESCENTS IN CONFLICT WITH THE CRIMINAL LAW AND THE CODE OF
CRIMINAL RESPONSIBILITY FOR ADOLESCENTS

 DOCTRINE OF COMPREHENSIVE CARE IN THE CARE OF ADOLESCENT

OFFENDERS

XVII. CONORDANCES BETWEEN THE PROTOCOL FOR SPECIALIZED CARE OF

ADOLESCENTS IN CONFLICT WITH THE CRIMINAL LAW AND THE CODE OF
CRIMINAL RESPONSIBILITY FOR ADOLESCENTS.

POLICE INVESTIGATION FUNCTION

The PNP in its investigative function must, even on its own initiative, become aware of
the alleged infractions and immediately report them to the Prosecutor, without
prejudice to carrying out urgent and essential procedures to prevent their
consequences, identify their authors and participants, gather and secure elements of
evidence that can be used for the application of criminal law.
A similar function is developed when it comes to infractions subject to the private
exercise of the action.
Police personnel who carry out investigative functions are obliged to support the
Public Prosecutor's Office to carry out the Preparatory Investigation.

46
FOR THE CASE OF CAPTURE
Upon the capture of the teenager, the Police must give immediate notice:
1. To their parents, guardians or guardians, as the case may be;
2. Next to the Prosecutor and the defense lawyer,
Indicate the reason for the capture, the place where the adolescent is located and the
police unit or specialized module where he is taken, if he has not been taken directly
to said place.

COURSE OF THE CAPTURE

Once they are placed in the specialized module or the one that takes their place, they
must assign a staff specialized in adolescents for custody tasks, writing the police
report and legal medical examination.

MAIN DUTIES IN THE MANAGEMENT OF CASES INVOLVING ADOLESCENTS

AS DEFENDANTS:
Police personnel may NOT inform the media about the identity of the accused
teenagers or any minor involved in the alleged offense.
In no case can the adolescent be identified or exposed in the media or other
people outside the process. For these purposes, information related to identity is
considered: name, nickname, affiliation, relationship, residence and any other way by
which it can be identified.
The obligation to reserve the identity of the adolescent is mandatory for all civil
servants, as well as for the media during the development of the process or
compliance with some of the socio-educational measures.
The same reservation must be maintained with respect to minors who are witnesses
or victims of the event under investigation.

DUTY OF INFORMATION AND RIGHTS OF THE INVESTIGATED - ADOLESCENT

ACCUSED:
The National Police of Peru, in the proceedings they carry out, must inform the
adolescent in an immediate, understandable, clear and precise manner that they have
the right to:
1. Request the presence and immediate communication of your parents, guardians
or guardians.
2. Know the charges brought against them and, in the event of detention, to be told
the cause or reason for said measure, as well as its duration.
3. Be assisted from the initial acts of investigation by a defense lawyer.
4. Refrain from testifying and, if you agree to do so, you have the right to have your
defense attorney present at your statement and at all proceedings in which your
presence is required.
5. That no coercive, intimidating or contrary means to their dignity be used against
47
 them.
6. That he not be subjected to techniques or methods that induce or alter his free
will.
7. Not suffer a restriction not authorized or permitted by Law.
8. Be examined by a medical examiner or, failing that, by another health
professional, when your state of health requires it without prejudice to the legal
medical examination that is carried out in the specialized module of care for
adolescents in conflict with criminal law, or in the police stations that take their
place.
9. Compliance with the provisions of the previous sections must be recorded in the
minutes, which are signed by the adolescent and the corresponding authority. If
the adolescent refuses to sign, the abstention is recorded and the reason is
stated if expressed. When the refusal occurs in the first investigation proceedings,
after the intervention of the Prosecutor, this fact is recorded in the minutes.
10. The Judge, the Prosecutor, the PNP or any other civil servant is prohibited from
providing information that allows establishing the identity of the adolescent,
except in cases where this is required for the protection of their rights in the
process. If academic research is carried out, the information provided must not
allow the identification of the adolescent.

POLICE DUTIES
When carrying out the arrest, whether in flagrante delicto or by order of the Judge,
the Police must compulsorily and under responsibility fulfill the following duties:
1. Immediately take the detained adolescent to the Specialized Module for Attention
to Adolescents in Conflict with the Criminal Law or to the one that takes its place.
2. Keep the adolescent in a suitable and safe place until he or she is transferred to
the Adolescent Care Module, when immediate transportation is not possible. In
the case of adolescent offenders of the criminal law, their location is differentiated
from the rest of adolescent offenders, taking into account a gender approach.
3. Inform the adolescent of the infraction attributed to him, as well as the rights and
guarantees that assist him.
4. Deliver the arrest slip that will indicate in detail the reason for it.
5. Immediately communicate the fact to your parents, guardians or guardians, to the
competent Prosecutor and Preparatory Investigation Judge, as well as to the
defense attorney.
6. Ensure the safety, as well as the physical and emotional integrity of the
adolescent.
7. In the event of participation with adults in the punishable act, the adolescent
remains separated from them.
8. The others established in the Political Constitution of Peru, this Code and the
international treaties that our country welcomes.

48
XVIII. DOCTRINE OF COMPREHENSIVE CARE IN THE CARE OF ADOLESCENT
OFFENDERS.

The doctrine of Comprehensive Protection is basically based on the 1989 Convention

on the Rights of the Child, which recognizes the rights of the child as a specific category
within human rights, according to Professor Miguel Cillero.
The Convention on the Rights of the Child is a human rights instrument that conceives
the child, not as an object of rights, but as a subject of law, which was already progress
and allows several Latin American countries to find themselves reformulating their
legislation.
For Pinto Gimol, the most important postulates of the Convention, and of the
Comprehensive Protection doctrine itself, are:
- The change in vision of the child, from an object of compassion and repression to a
subject full of rights.
- The consideration of the principle of the best interests of the child, which serves as a
guarantee (normative link to ensure the subjective rights of children), a standard of
interpretation and/or conflict resolution; and as a guiding criterion for public policies
related to children.

- The inclusion of children's rights within human rights programs.

- The recognition of children's rights and guarantees in cases in which they are in
conflict with the law, especially criminal law. In the latter case, the need to
differentiate the degree of responsibility according to the age group to which they
belong.
- Establishing a different treatment for children who are abandoned with offenders of
the criminal law, clearly separating the application of a social policy or criminal policy
respectively.
- That when an infraction is committed, a series of alternative measures must be
established to the deprivation of liberty, which must be an exceptional measure and
applied for the shortest possible period.
- The principle of equality before the law and non-discrimination.

The doctrine of Comprehensive Protection constitutes a revolution in the treatment of

children and adolescents, which overcomes the old doctrine of irregular situation, which
focused attention on only two segments of the child population:
1) The situation of abandonment and
2) The juvenile offenders who were called “antisocials.”
The doctrine of Comprehensive Protection, unlike the old doctrine of irregular situation,
has a double application approach, namely:
1) The recipients are all children and adolescents, without any distinction.
2) The protection provided to children and adolescents is comprehensive.
In the area of the Juvenile Penal System, the Doctrine of Comprehensive Protection
49
 only conceives a system of juvenile criminal responsibility based on a criminal law of
minimal intervention. Under this context, when an adolescent is in conflict with the
criminal law, justice operators must make use of legal mechanisms that avoid criminal
intervention in cases of little social relevance or when due to the adolescent's conditions
it is unnecessary or harmful. For their develpment.

TWELFTH WEEK: SECOND PARTIAL EXAM

THIRTEENTH WEEK:

 THE RESTORATIVE JUVENILE JUSTICE APPROACH

 POLICIES AND STANDARDS FOR THE PREVENTION AND TREATMENT OF
ADOLESCENTS IN CONFLICT WITH THE CRIMINAL LAW

XIX. THE RESTORATIVE JUVENILE JUSTICE APPROACH.

The objective of the restorative juvenile justice model is to provide adolescents in

conflict with criminal law with an effective and timely defense from the police stage to
the judicial stage, promoting dejudicialization and the plurality of alternative measures
to the deprivation of liberty, developing mechanisms for reparation to the victim and
restoration of social peace, where remission plays an important role.
In order to be able to demonstrate the so-called restorative justice, we must clarify that
within the Juvenile Criminal Justice system the following models of justice are clearly
identified.
 Retributive Justice: Its fundamental premise is the punishment for breaking the
law, and it assumes a society of individuals regulated by a social contract.
 Distributive Justice: A type of justice focused on the economic aspects of social
relations and concerned with giving all members of society a “fair share” of the
benefits and available resources.
 Reparative Justice: Also called compensatory justice, this justice is concerned
with returning to the victim what they have lost during the course of the conflict.
 Restorative Justice: It is a type of Justice focused on the social dimension of
crime. It seeks to restore the social bond damaged by criminal action in a process
of repair and reconciliation between the victim and the offender, with the
mediation of the community. This justice implies an agreement between the
parties in conflict and the Community, which implies a change in the mentality of
the population and justice operators, as we will see in the development of this
work.

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 OBJECT OF RESTORATIVE JUSTICE. –
Restorative justice worldwide takes different forms, with a variety of programs and
practices, but all of these systems and practices share common principles. According to
this approach, victims of a crime should have the opportunity to freely express, and in a
safe and respectful environment, the impact that the crime has had on their lives,
receive answers to the fundamental questions that arise from the experience of
victimization , and participate in the decision about how the offender should repair the
wrong caused.
Principles of Restorative Justice –

Restorative Principle: Justice requires that we work to restore those who have been
harmed: victim, offender, and community.
Principle of opportunity: The victim, the aggressor and the community must have the
opportunity to actively participate in the justice process, to seek a solution that meets
the needs of all.
Guiding principle: The government is responsible for seeking an order of justice, with
it being up to the community to establish and maintain a justice of the peace.

CHARACTERISTICS OF RESTORATIVE JUVENILE JUSTICE

- The adolescent assumes his responsibility and the duty to repair.
- The victim becomes involved in the solution of the offending act.
- The community facilitates the resolution of the conflict.

XX. POLICIES AND RULES FOR THE PREVENTION AND TREATMENT OF

ADOLESCENTS IN CONFLICT WITH THE CRIMINAL LAW.

The State, through its different government institutions, deploys a series of strategies
that contribute to the development of the nation in its different axes: economic, social
and political.

STRATEGIC AXES:

1. PREVENTION:

The strengthening of the Juvenile Justice System requires a comprehensive

approach, not limited to the scope of repression and reeducation, but also, and
primarily, from prevention, understood as the anticipated action to prevent or
prevent the occurrence of an antisocial phenomenon such as anticipated action to
prevent or avoid the occurrence of an antisocial (illegal) phenomenon, through
strategies, measures, actions, activities, etc., by the State and also by coordinated
actions between the different sectors of society. Precisely, to deal more effectively
with criminal offenses committed by adolescents, articulated action is essential to
seek coherent and effective responses to these problems, creating a culture of

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 crime prevention. In this sense, the strategic axis of prevention is aimed at
developing actions that pay special attention to secondary prevention.

1-A.- PREVENTION FOCUS:

Primary prevention: is aimed at promoting the comprehensive development of the

entire developing population (children, adolescents and young people). This
prevention involves the reduction of factors (social situations, attitudes, forms of
relationships, etc.) that can favor the appearance of other problems (alcoholism,
drugs, school dropouts, social isolation, etc.), placing girls, boys and adolescents at
risk. Timely attention to their basic needs (education, health, work, etc.) is one of
the main strategic actions of this level of prevention, also known as social
prevention.

Secondary prevention: is aimed at generating actions and strategies in favor of

certain vulnerable groups or those in situations of social risk. These groups may be
focused at the community level, families or individuals who have certain
characteristics that classify them as high risk (dysfunctional families, drug use,
alcohol, gender violence, school dropouts, gang members, etc.) This level is also
known as focused prevention.
Tertiary prevention: it is aimed at generating actions and strategies in favor of those
adolescents who have already had a conflict with the criminal law and, therefore,
the purpose is to prevent their recidivism, through a treatment different from that of
adults. .

2. JUSTICE ADMINISTRATION

It includes the actions that allow strengthening the set of mechanisms and rules
aimed at the administration of the conflict caused by an infraction, and that
determine aspects related to: the justice model, the rules and their application
(alignment with international regulations), the procedural structure and procedures
(deadlines and procedural activity, among others), logistical instruments
(establishments and relevant environments, among others), and human resources
(training and specialization, among others), and human resources (training and
specialization, among others) . This strategic line agencies a comprehensive
project that encompasses the interests of the adolescent in conflict with the criminal
law, society and the victim, establishing a model of restorative justice.

PRINCIPLES TO CONSIDER:

to) The Best Interest of the Child.- This is a “primary consideration”

b) Subject of Law.- The girl, boy and adolescent are subjects of rights, freedoms
and specific protection. They must comply with the obligations enshrined in the
Children and Adolescents Code.
c) The family as a natural and fundamental institution of society.- It is the central
nucleus in the formation of the person. It is within the family where the girl, boy
and adolescent must receive the affection, security, guidance and values
essential for their development as free and happy human beings capable of
effectively exercising their rights, respecting the rights of others. other people
and become productive and responsible citizens.

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 d) Primacy of international standards.- Primacy imposes that all national
standards will be subordinate to the international standards; criterion assumed
only in matters of human rights. Since international treaties on human rights
are norms at the same hierarchical level as the Political Constitution of Peru,
they must take precedence over any domestic law regulations that contravene
it.
and)Principle of educational purpose.- Education is the social institution that is
oriented to the formation, transmission and communication of knowledge, skills
and values of society. The important role that the family, primary and
secondary groups play in the socialization and education process of children,
young people and adults has been seen, indicating that education is not limited
to school.
F) Differentiated treatment.- Differentiated treatment is due to the fact that, given
the special state of development in training and maturity of adolescents, they
deserve different treatment from adults involved in the commission of crimes
and, therefore, the system must also satisfy the care and development needs
of the child to ensure their Resocialization / Restoration in society. The
Convention on the Rights of the Child establishes principles that serve as a
guide for the establishment and application of juvenile justice systems, which
highlights that “every child deprived of liberty shall be separated from adults
(persons with an age equal to or greater than 18 years)
g) Restorative justice.- Restorative justice focuses on repairing the damage
caused to people and social relationships. It seeks acceptance of the
offender's responsibility and reparation of damage through cooperative
processes that involve all parties involved in the conflict (victim, offender and
community).
This principle seeks to discard the retributive approach and give way to the
restorative model through inter-institutional articulation with the purpose of
promoting remission, execution of socio-educational measures of the open
system and assistance to the victim.
h) Primacy of social reality.- The primacy of social reality focuses on the bio-
psychosocial characteristics of adolescents at risk or in conflict with the
criminal law, in order to adapt intervention mechanisms to their individualized
circumstances such as the gender approach, culture, age, among others.
Yo) Non-discrimination.- According to the United Nations General Assembly "a
fundamental principle of a rights-based juvenile justice system is non-
discrimination." In this regard, any authority involved is prohibited from
deciding, acting or executing actions that cause social exclusion and/or
stigmatization for ethnic reasons, gender, poverty patterns, domestic violence,
gang activity, misuse of psychotropic substances, barriers to education. or few
prospects for decent employment.

3. RESOCIALIZATION / RESTORATION

It includes actions that strengthen the evolutionary process of social reintegration of

adolescents in conflict with criminal law. Likewise, it constitutes the area of material
reparation of the conflict, the adolescent's awareness of his acts against the rights
of others and his reorientation or reeducation, in order to be reinserted into society
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 with a perspective of respect for the rules of coexistence. social. This line

strategic, its purpose is to enable the social reintegration of adolescents in conflict

with criminal law as a process that allows the learning of new behavioral norms and
habits that contribute to their reconciliation with society, achieving a life free of
criminal conflicts. Likewise, it seeks the restoration of the victim and the repair of
social expectations.

FOURTEENTH WEEK:

 MAIN ACTIONS: CHILDREN AND ADOLESCENTS CODE

 UNITED NATIONS GUIDELINES FOR THE PREVENTION OF JUVENILE CRIME
(RIYADH GUIDELINES)

XXI. MAIN ACTIONS: CHILDREN AND ADOLESCENTS CODE.

The Code of Children and Adolescents seeks to subdivide the specialization of the
National Police into specialized police and support for justice, distinguishing the field of
action of each one according to the specialty that the aforementioned body normative
determines.
In the case of the specialized Police; Its functions are limited to those of assisting and
collaborating with the competent State agencies in the education, prevention and
protection of children and adolescents .
Characteristics.- The specialized Police personnel, in addition to the requirements
established in their respective regulations, must:
a) Have training in the disciplines of child and adolescent law and family law;
b) Have impeccable conduct; and
c) Not have judicial or disciplinary records.

FUNCTIONS AND FIELD OF ACTION.-

a) Ensure compliance with the rules for the protection of children and adolescents
established by State institutions and the execution of judicial resolutions;
b) Develop, in coordination with other entities, educational and recreational activities
aimed at achieving the comprehensive training of children and adolescents;
c) Control and prevent the entry and stay of children and adolescents in public or
private places that threaten their physical or moral integrity;
d) Prevent the possession or marketing of writings, audiovisuals, images,
pornographic material and other publications that may affect the education of
children or adolescents;
e) Monitor the movement of children or adolescents inside and outside the country,
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 especially at airports and transportation terminals;
f) Support the institutions in charge of monitoring adolescent offenders with
education and recreation programs;
g) When circumstances require it, take charge of the surveillance of adolescent
offenders in specialized centers;

In the case of the so-called " Police to support justice in matters of children and
adolescents ", it is defined as the one in charge of making notifications by order of the
judicial authority and the competent Prosecutor and of collaborating with the
measures dictated by the Judge.
Its functions and field of action are:
a) Investigate cases of non-compliance with family assistance duties;
b) Carry out investigations requested by court order;
c) Execute the orders for the appearance, conduct and detention of adults issued by
the Judge and the Family Courts, as well as carry out judicial notifications; and
d) Collaborate with the Judge in the execution of his resolutions.

XXII. UNITED NATIONS GUIDELINES FOR THE PREVENTION OF JUVENILE CRIME

(RIYADH GUIDELINES)

NOTION. – Legal instrument by which the United Nations Organization, through the
General Assembly, aims to: provide criteria for the prevention of juvenile delinquency
that would be useful to Member States in the formulation and execution of specialized
programs and policies. , emphasizing assistance and care activities and community
participation.

RIAD GUIDELINES.

1. The prevention of juvenile delinquency is an essential part of crime prevention in

society. If young people dedicate themselves to legal and socially useful activities,
orient themselves towards society and approach life with a humanistic criterion,
they can acquire non-criminogenic attitudes.
2. In order to effectively prevent juvenile delinquency, it is necessary for the entire
society to seek the harmonious development of adolescents, and to respect and
cultivate their personality from early childhood.
3. For the purposes of interpreting these Guidelines, the focus should be on the child.
Young people must play an active and participatory role in society and must not be
considered mere objects of socialization or control.
4. In the application of these Guidelines and in accordance with national legal
systems, preventive programs should focus on the well-being of young people from
early childhood.
5. The need and importance of applying a progressive crime prevention policy must
be recognized, as well as systematically studying and developing relevant
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 measures that avoid criminalizing and penalizing the child for conduct that does not
cause serious damage to his or her development or harm others. . The policy and
such measures should include:
a) The creation of opportunities, particularly educational, to meet the diverse needs
of young people and serve as a supportive framework to ensure the personal
development of all young people, particularly those who are clearly at risk or in
situations of need. social risk and need special care and protection;
b) The formulation of specialized doctrines and criteria for the prevention of crime,
based on laws, processes, institutions, facilities and a network of services,
whose purpose is to reduce the reasons, need and opportunities for
committing crimes. the violations or the conditions that lead to them;
c) An official intervention that is guided by justice and equity, and whose primary
purpose is to ensure the general interest of young people;
d) The protection of the well-being, development, rights and interests of all young
people;
e) Recognition of the fact that behavior or conduct of young people that do not
conform to the general values and norms of society are frequently part of the
process of maturation and growth and tend to disappear spontaneously in
most people when they reach adulthood;
f) Awareness that, according to the prevailing opinion of experts, labeling a young
person as "stray", "delinquent" often contributes to young people developing
permanent patterns of undesirable behavior.
6. Community-based services and programs for the prevention of youth crime should be
created, especially if official agencies have not yet been established. Only as a last
resort should official social control bodies be resorted to.

FIFTEENTH WEEK:

 MAIN RIGHTS OF VICTIMS OF HUMAN TRAFFICKING

 PNP PROTOCOL FOR THE CARE OF VICTIMS AND WITNESSES OF HUMAN
TRAFFICKING

XXIII. MAIN RIGHTS OF VICTIMS OF HUMAN TRAFFICKING.

International human rights law recognizes that certain groups need additional or
special protection. This may be because they have been victims of discrimination in the
past or because group members share particular vulnerabilities.
In the context of trafficking, interest groups include women, children, migrants and
migrant workers, refugees and asylum seekers, internally displaced persons and
persons with disabilities.
Sometimes members of a group will become a favorite target for traffickers. Children,

56
for example, may be trafficked for age-related purposes, such as sexual exploitation,
various forms of forced labor or begging. People with disabilities can be victims of
certain forms of work in exploitative conditions and fall into begging.
Trafficking places women and girls in gender-specific exploitative situations, such as
exploitative prostitution and sex tourism, and forced labor in the domestic work and
service sectors. Trafficking also causes harm and consequences associated with their
gender, such as rape, forced marriage, unwanted or forced pregnancy, forced abortion,
and sexually transmitted diseases, including HIV/AIDS.
Members of a particular group who are trafficked may be entitled to different or
additional rights. For example, international human rights law places significant
additional responsibilities on States to identify child victims of trafficking and to ensure
their safety and well-being, both immediate and long-term. The fundamental norm is
derived from the obligations contained in the Convention on the Rights of the Child: the
best interests of the child shall prevail in all circumstances (art. 3).
In other words, States cannot prioritize other considerations, such as those related to
immigration control or public order, to the detriment of the best interests of a trafficked
child.
Furthermore, due to the applicability of the Convention on the Rights of the Child to all
children under the jurisdiction or control of a State, trafficked children who are not
citizens are entitled to the same protection as nationals in all respects. , including those
related to the protection of their privacy and their physical and moral integrity.

IDENTIFICATION OF VICTIMS
Victims of trafficking are often not identified, so they simply become invisible. When
they come to the attention of official institutions, they may be misidentified as illegal
migrants or smuggled objects.
The obligation to identify victims of trafficking is implicit in all legal instruments that
contain provisions on the provision of protection and support to victims. The
Recommended Principles and Guidelines outline a series of practical measures that
should be taken to ensure that victims of trafficking are quickly and correctly identified.
These measures include the development of documentary identification tools, such as
guidelines and procedures that can be used to assist identification, and the training of
relevant officials (such as police, border guards, immigration officials and other persons
involved in the detection, retention, reception and processing of irregular migrants) so
that they know how to correctly identify and correctly apply the agreed guidelines and
procedures.

Provision of immediate protection and support

Victims who manage to free themselves from their traffickers often find themselves in a
situation of great insecurity and vulnerability. They may be hurt, traumatized, or
emotionally traumatized. They may be afraid of retaliation.
They are likely to have little or no means of subsistence. Unfortunately, the harm
suffered by victims of human trafficking does not necessarily stop when authorities
become aware of the case.
Mistreatment at the hands of public officials can lead to the continuation of the situation

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of exploitation or the emergence of new forms of exploitation. The harm already
caused to victims may be compounded if medical and other assistance is not provided,
or if provision is made subject to an obligation to cooperate that victims may not be
willing or able to fulfill.
The State where the victim is located is responsible for providing immediate protection
and support. That responsibility becomes effective when the State knows, or should
know, that a person within its jurisdiction is a victim of trafficking. The principle is
applicable to any country in whose territory the victim is located, and is valid for all
trafficked persons, whether national or transnational.

The right to privacy

The identity of victims of human trafficking should not be revealed in public and their
privacy should be respected and protected to the fullest extent possible, while taking
into account the right of the accused to a fair trial.” States parties should protect the
privacy and identity of victims of trafficking where appropriate and to the extent
permitted by their domestic law.”

Non-coercive support
Regarding health care and psychological care, “victims of human trafficking should not
be required to accept such care or assistance or be forced to undergo testing to
determine if they have diseases, including HIV/AIDS.” . With regard to all assistance
measures provided for in the European Convention on Trafficking in Human Beings,
States parties are required to ensure that the services in question “are provided on a
consensual and informed basis, taking due account of the specific needs of people in
vulnerable situations and the rights of minors in terms of accommodation, education
and adequate health care.”

Legal assistance and participation of victims

Victims of trafficking have a very important role to play, as well as a legitimate interest,
in legal proceedings initiated against their exploiters. The human rights approach to
trafficking requires that every effort be made to enable victims to participate in judicial
proceedings in a free, safe and fully informed manner.
Victim participation in judicial proceedings can take different forms. People who have
been trafficked can testify in court against their exploiters, either in writing or in person.
They may also be asked to testify as victims about the impact of the crime, and their
testimony may form part of a sentencing hearing.
In proceedings initiated against their exploiters through civil proceedings, victims of
trafficking may be plaintiffs or witnesses. Even victims of trafficking who are unwilling or
unable to testify still have a legitimate interest in the judicial proceedings. Victims who
participate or could participate in judicial proceedings have special needs and
vulnerabilities that must be addressed. The obligations that derive from this are
complementary to those of protection, assistance and support that must be provided to
victims of trafficking and of which we have already spoken.

The return of victims of human trafficking

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 International law advocates applying to victims of trafficking the standard of “safe and
preferably voluntary return,” complemented by a number of important additional
obligations on countries of origin and destination. The obligation to ensure a safe and,
to the extent possible, voluntary return implies that the State that is going to repatriate
the victim must first carry out a risk assessment.
This is especially important when it comes to children. The risk assessment should
preferably be carried out on an individual basis and taking into account the particular
circumstances of each case. When determining whether a safe return is possible, a
number of important factors must be taken into account: the form of trafficking that the
person has suffered, the extent to which the person has cooperated in the prosecution
of their exploiters, the fact that they have debts or not to her traffickers, her age, her
sex and her family situation, and the capacity of the country of repatriation to effectively
protect her.

XXIV.PNP PROTOCOL FOR THE CARE OF VICTIMS AND WITNESSES OF HUMAN

TRAFFICKING.

OF THE COMPLAINT
The PNP may receive reports of cases of human trafficking from victims, family
members, third parties or other public or private institutions. These complaints can be
made by telephone, email or by going to a police establishment.
Any public servant or official who becomes aware of a possible case of human
trafficking must notify the PNP and/or the Public Ministry to initiate the corresponding
investigation and, if necessary, adopt measures to guarantee the rights of the victims.
Regardless of who made the complaint or how it came to the attention of the PNP,
action must be taken in accordance with this Protocol.

PROCEDURE.-
When the police become aware of a possible case of human trafficking:
1. You have the obligation to admit and record verbal or written complaints
presented by any person, and the presentation of your DNI is not a requirement
for this.
The presence of an adult along with the child or adolescent will not be necessary,
if the latter wishes to report.
2. To receive the complaint, what is stated by the person who requires police
intervention is sufficient, and it is not necessary to present physical or
psychological examinations, or for him or the victim to present visible signs
of abuse or other evidence .
3. The necessary data must be collected to follow up on the complaint: location,
address, hours and name of the complainant, if applicable. If the complainant,
even when this is the possible victim, does not want their identification data to
appear in the police registration systems for fear of reprisals or other reasons, an
immediate communication will be made to the Specialized Prosecutor for Human
Trafficking. or failing that, to the Prosecutor on duty, for the corresponding
coordination with the UDAVIT or with the entity in charge of the protection of
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 victims.
4. In those places where there are Deconcentrated Departments or the DIRINTRAP,
these will be the entities that receive the complaint; In the rest of the country, it is
the police stations that are called upon to fulfill this duty.
For complaints received at Police Stations, this must be entered into the
Direct Complaint Record Book, without prejudice to preparing the
corresponding Verbal Complaint Record as indicated by the NCPP. After that, the
information will be sent to the DIRINTRAP or the corresponding Decentralized
Department.
5. In all cases , access to the information in the complaint documents and their
chain of custody must be controlled, under responsibility . Especially in the
cases of children and adolescents or other cases whose disclosure could
generate re-victimization.
6. A simple copy of the complaint registered by the police personnel in charge will
be given to the complainant, if required.
7. The PNP must inform the complainant or victim about the police procedure, the
rights they are entitled to and the protection measures to which they may have
access.
8. Urgent and essential or basic procedures must be carried out in the shortest
possible time, preferably within the first 24 hours of making the report. This,
without prejudice to communicating the complaint to the competent Prosecutor.
9. In those places where the RETA/PNP System is operating, the police officer must
complete the Complaint Module. In the agencies where there is no access to the
RETA/PNP System, the DIRINTRAP or the Disconcerted Departments will be
responsible for complying with this obligation with the information that is sent to it
in accordance with the provisions of paragraph 4 of this section.
10. When receiving a complaint, the PNP must avoid re-victimization of the victim
and seek to identify a possible case of human trafficking. Bearing in mind that:
Revictimization not only occurs towards the direct victim of the crime of human
trafficking, but also towards family members or any other subject placed in a
situation of vulnerability or insecurity due to this crime.

ON THE IDENTIFICATION OF HUMAN TRAFFICKING

The behaviors included in the crime of trafficking are alternatives: capture, transport,
transfer, harbor, receive or retain. The existence of all the behaviors described in the
criminal type is not necessary. The identification of one of these behaviors is enough
to find ourselves facing a case of human trafficking. Anyone who promotes, favors,
finances or facilitates human trafficking in any way is also responsible for the crime.

INDICATIONS OF HUMAN TRAFFICKING

Informal, illicit or covert work; the transfer from one city to another; illegal residence in
the country; the theft of the identity document by the alleged employer or a third party;
lack of communication with family and/or friends; the illegal work of boys, girls and
adolescents in bars or alcohol sales centers; any symptoms of trauma or stress or

60
any other evidence of violence; the possible victim's trip to another city based on an
alleged job offer; compliance with work schedules that exceed what is established by
labor standards; the location of the beds or bedrooms of the possible victims within
the factories or centers where the work is carried out; etc
The evidence must be analyzed jointly, taking into account the characteristics of the
specific case and the reality of the area regarding human trafficking.
THE POLICE ESTABLISHMENT AND THE GUARDIANSHIP OF VICTIMS AND
WITNESSES
Where the victims and witnesses will be temporarily located, and the police action at
this stage, must meet some minimum standards for the adequate protection of the
victims. In that sense: - The police establishment must have an environment of
privacy and comfort for victims and witnesses, with sufficient space and appropriate
furniture for the location of all victims.
Preferably, a separate space should be created for adult victims, child victims, girls
and adolescents over 12 years of age, victims under 12 years of age and witnesses.
In no way will it be possible for victims and witnesses to share the space with the
detainees or be present in the environments where the interrogation of the latter will
take place.
In the reception space and throughout the stay in the police establishment, any
discriminatory, victimizing or blaming act towards victims and witnesses must be
avoided.
PNP personnel must be trained to create an environment of security and trust that
allows the victim to feel comfortable and defuse the stressful situation they are
experiencing. Through acts of support, efforts must be made to ensure that the victim
can calm down and trust the police officers, with a view to recording data and making
the statement.
It is preferable that the police personnel assigned to investigate the case are not the
same as those in charge of providing care to the victim. It is important that the victim
can perceive that the assistance intervention is not part of the investigation of the
crime.

OF THE CASE OF MINORS

In the case of children and adolescents, the first search procedures and notification of
parents, relatives or guardians will be carried out. However, it must be remembered
that this is not an appropriate stage for handing over children and adolescents to
parents or guardians and that this decision must be made by the Family Prosecutor,
the Judge, or in the event that a guardianship investigation has been initiated, the
INABIF. The PNP should only assist in the collection of information for said decision-
making.
If the victim is a minor, the PNP will manage, in coordination with the Public Ministry,
preferential treatment for care at the IML, and there must be a specially conditioned
place for carrying out medical examinations.
PNP personnel must verify if the victim has family support or if, due to the situation of
exploitation experienced, they have been rejected, marginalized or stigmatized.
Once the first procedures are completed and the urgent needs of the victims and
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witnesses are met, they will be transferred to the reception centers determined by the
Prosecutor, giving priority to the centers specially created to care for this type of
victim. The PNP is not responsible, nor is it authorized, to provide temporary or
permanent housing to victims of human trafficking or witnesses who have agreed to
protective measures.

SIXTEENTH WEEK: FINAL EVALUATION.

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