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HRI-CORE-SLE-2012-fr-parsed
101. The Social Welfare Department is headed by the Director of Social Development, who is a professional leader, assisted by two Deputy Directors, Deputy Professional Directors, and is responsible for implementing social programmes, directly or indirectly, through governmental and non-governmental organizations specia...
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102. The current decentralization measures have led to a reduction in the direct participation of the Ministry in order to allow the communities to take over their own affairs. Nevertheless, to date, the Ministry continues to play its traditional role. It is hoped that in the relatively near future local councils will ...
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The National Social Security and Insurance Trust Fund is a public fund established by the National Social Security and Insurance Trust Fund Act No. 5 of 2001, which is responsible for administering the Sierra Leone Pension Scheme, which is intended to provide retirement pensions and other allowances to meet the unantic...
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The National Commission for Democracy and Human Rights was established in 1994 and contributes to respect for human rights principles in the conduct of important public affairs, such as the holding of free and fair elections, the transparency of government institutions and the integration of women into major processes....
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The Law Reform Commission was established by its 1994 Decree and amended in 1996 with the main task of reviewing Sierra Leone's laws, both in writing and otherwise, for reform, development, codification and classification, as well as taking further initiatives and proposing the enactment of new laws in certain circumst...
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107. The Commission was established in December 2005 in accordance with the provision contained in articles 34 and 35 of the Constitution to register political parties and regulate their conduct, taking into account the violent past of Sierra Leone, the need for lasting peace, the interest of free, fair, peaceful and d...
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108. The mandate of the Commission is to sustain the democratic and peaceful political representation of the people of Sierra Leone through independent registration and balanced monitoring of political parties. It consists of a president and three other members as provided for in article 34 of the Constitution. The pre...
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110. The first function of the Commission is to register and supervise the conduct of political parties in accordance with the Constitution and the relevant Act of 2002 and to monitor the affairs and conduct of parties in order to ensure that they respect the Constitution, the 2002 Act and the terms and conditions of t...
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111. The Commission was established to respond to the massive and abominable atrocities of the war, including those affecting Sierra Leonean children, which was established by a law of January 2001 and formally established by former President Ahmad Tejan Kabbah in February 2003. The Special Representative of the United...
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112. The mandate of the Commission is to address all issues of concern related to war-affected children and to ensure that their needs are taken into account at all levels of national planning and to develop and facilitate programmes for the better protection of war-affected children, including street children, orphans...
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113. The Commission is composed of a Chairperson and eight members appointed by him. The secretariat consists of an Executive Secretary, an Assistant Executive Secretary, programme administrators and support staff. An inter-ministerial committee makes recommendations and advice to the Commission and a technical committ...
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117. The National Commission for Social Action provides funding for community-based activities determined by the demand for sustainable development, with the aim of reducing poverty, reducing the risk of a new conflict and improving the well-being of Sierra Leoneans. The Commission participates in the repatriation and ...
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The Anti-Corruption Commission was established pursuant to the Anti-Corruption Act 2008 to promote a Sierra Leone free of corruption and strengthen the rule of law in order to create an environment conducive to good governance and reform, and although the Commission has recently made considerable progress and increased...
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The Parliamentary Commission on Human Rights is responsible for examining issues relating to the promotion and protection of human rights by Parliament and for ensuring that the relevant draft laws are passed and plays an active role in this regard. The Commission is independent of the Government and political parties,...
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122. The Special Court for Sierra Leone has been established jointly by the Government of Sierra Leone and the United Nations with a mandate to try those who bear the greatest responsibility for violations of international humanitarian law committed in Sierra Leone since 20 November 1996; three cases were tried, includ...
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123. The trial of Charles Taylor, former Liberian President, is currently being held in The Hague after he started in 2007 and is accused of complicity with a violent rebel group responsible for many war crimes during the armed conflict in Sierra Leone.
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The Ombudsman Act No. 2 of 1997 provides for the establishment of the Ombudsman's Office, defines its functions and other related aspects. The Office works on complaints from citizens who claim to be victims of violations of their rights by individuals or public institutions. It is intended to launch awareness-raising ...
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129. The Commission has also made efforts to bring Sierra Leone ' s legislation into line with the Convention on the Rights of the Child, noting in its 2008 report that young people continue to be the victims of excessive delays in bringing their cases to justice for violations of the Convention, stating that they are ...
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130. The Commission worked with the United Nations country team and various civil society organizations in the western part of the country to celebrate the 60th anniversary of the Universal Declaration of Human Rights on the theme "Dignity and justice for all" on 10 December 2008, working in various ways to ensure that...
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131. The Human Rights Commission of Sierra Leone has devoted a great deal of time and resources to its collaboration with government authorities, civil society organizations and other stakeholders, and to providing information on major human rights issues and strategies.
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133. The Commission has also worked with ministries, departments and government bodies to increase the capacity of government institutions and address the root causes of human rights violations; the Ministry of the Interior, the Prison Service, the Ministry of Justice, the Department of Legal Affairs, the Law Reform Co...
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134. The Human Rights Commission of Sierra Leone is actively involved in public information and awareness-raising campaigns and has partnered with a number of non-governmental organizations, both local and international, to take action.
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135. The Commission worked with several civil society organisations and participated in their activities, such as radio programmes, training and field interventions, and the provision of educational materials. At the same time, civil society organisations from across the country participated in, supported and even co-o...
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137. The Commission on Human Rights of Sierra Leone has launched public information campaigns in this area, for example, the Commission and many civil society organizations have participated in the observance of International Human Rights Day, including public debates, theatrical performances and meetings between elect...
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139. The Commission on Human Rights has also established several training-of-trainers workshops for traditional leaders, focusing on human rights-based approaches at the chiefdom level, including human rights mechanisms, the role and mandate of the Commission and the rights of women and children.
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140. The Human Rights Commission of Sierra Leone has been actively working with the Independent Media Commission to promote various human rights-related activities, which is an egalitarian institution that promotes freedom of the press throughout the country; several radio stations, newspapers and television stations a...
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143. The Ministry of Social Welfare, Women ' s Affairs and Children ' s Affairs has also used the media to launch public campaigns for the adoption of the three laws on justice for women, namely the Law on Registration of Marriages and Customary Divorces, the Law on Succession and the Law on Domestic Violence; the medi...
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149. The increasing number of cases of sexual and family violence, coupled with widespread economic insecurity, remains another obstacle to the realization of women ' s rights in the country; many women are regularly victims of domestic violence (including beatings, beatings and injuries, destruction of property, depri...
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154. The main aspects of this framework include the appointment of the Ministry of Foreign Affairs as the Government-level leader, responsible for coordinating the entire implementation of the reporting process, and ipso jure, Chairman of the Steering Committee.
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161. The preparation of the Common Core Document has involved broad participation, and the national reporting strategy calls for input from different partners at all stages of the process, including preparation, finalization and validation of reports, and for general and public discussions at the validation stage.
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163. The Commission on Human Rights of Sierra Leone and the relevant United Nations agencies act as advisers in the context of the national strategy, providing all necessary assistance to the process and providing guidance, and strongly encouraged the Government to fulfil its reporting obligations and subsequent obliga...
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168. The term "discrimination" is defined in article 27.3 of the Constitution and means the treatment of persons in a different way, solely or principally because they belong to a particular category on the basis of their race, tribe, sex, place of origin, political opinion, colour or belief, by subjecting them to disa...
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173. The current Code of Criminal Procedure provides that women have the right to be sworn in trials, although it is not on an equal footing. The Criminal Procedure Amendment Act No. 12 of 1972 provides that men and women may become jurors, but states that (a) any man between the ages of 21 and 60, and (b) any woman be...
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179. The Registration of Customary Marriages and Divorces Act 2009 provides for legal certainty and protection in the fundamental context of marriage, while allowing for regional differences that deviate from the basic rules, including: (a) Better protection of women against polygamy, and the new law provides that if a...
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180. The present Government has two women ministers (Ministry of Maritime Resources and Ministry of Foreign Affairs and International Cooperation) on a council of 25 ministers and two of 20 deputy ministers, 8 per cent and 10 per cent respectively of women.
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181. The 2002 presidential and legislative elections included one candidate (such as the 1996 presidential elections), and three women were appointed to the subsequent 21 ministers (Ministry of Trade and Industry, Ministry of Health and Sanitation and Ministry of Social Welfare, Women and Children) (14.3 per cent), whi...
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194. The National Plan of Action, which has been relaunched to accelerate progress towards the achievement of the comprehensive programme of education for all, reaffirms the commitment to free compulsory education for all boys and girls in basic education and encourages counselling services and family education as a me...
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197. The Quick Education Programme for Primary Schools, known as the Supplementary Education Programme, was adopted after the war in 2002 as an incentive to open up primary school to children aged 10 to 15 who have been interrupted or have never attended school; this system has bridges, condenses the six years of prima...
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199. The strengthening of partnerships between United Nations agencies, civil and religious society organizations and private institutions has contributed to the updating of the relevant provisions of the Convention; among the national actors in education are women ' s organizations such as the Christian Association of...
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202. The 1991 Constitution grants equal employment rights to all citizens. Article 8, paragraphs 3 (a), (c) and (e), calls on the State to pursue a policy of ensuring that: (a) every citizen, without discrimination of any kind, has sufficient means of subsistence and real opportunities to obtain suitable employment; (c...
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The sexual harassment of women occurs in most workplaces and there is no public policy to protect them from such acts; the Sexual Violence Act of 2004 ignores this phenomenon.
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217. The justice sector reform strategy of the Government of Sierra Leone is the cornerstone of the Government ' s efforts to implement a sustainable access to justice strategy, targeting many segments of society but particularly the poor, and in addition to this strategy, other related actions to promote access to jus...
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218. The justice sector reform strategy was allocated some $27.2 million for the period 2008-2010, with the aim of: reducing crime and its fear, improving satisfaction in local courts, speeding up the handling of criminal cases, reducing the number of young people treated inappropriately in the formal justice system, a...
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219. The National Initiative for the Designation of Proximity Legal Auxiliaries, recognizing that 70 per cent of Sierra Leone's population does not have access to the formal justice system, the Justice Sector Reform Strategy seeks to strengthen the quality of local courts and the administration of justice by Supreme an...
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221. The Constitution provides that older persons, young persons and persons with disabilities are entitled to special protection by the State, and this provision is contained in article 8f of the Constitution, which states that the care and well-being of older persons, young persons and persons with disabilities must ...
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227. The National Strategy on Juvenile Justice, established in 2006, is a five-year strategy aimed at implementing relevant, realistic and sustainable recommendations, including the training of judicial personnel and justices of the peace, the extension of the mandate of the Family Support Unit to provide care for youn...
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228. The Joint United Nations Programme on HIV/AIDS (UNAIDS) reported that, by the end of 2003, an estimated 170,000 people living in Sierra Leone with HIV/AIDS, including 16,000 children, were orphaned by HIV/AIDS in 2001 and that stigma continues to pose a serious problem for women living with HIV/AIDS, with infectio...
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HRI-CORE-SLV-2011-fr-parsed
1. The official name of the country is the Republic of El Salvador, and its capital is San Salvador. The official language is Castilian (art. 62 of the Constitution of the Republic) and less than 1 per cent of the population speaks Náhuat.
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3. The national territory shall be defined as follows: (a) To the west, by the Republic of Guatemala, in accordance with the Treaty on Territorial Limits signed at Guatemala City on 9 April 1938; (b) To the north and, in part, to the east, by the Republic of Honduras, according to the borders established by the General...
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6. The history of El Salvador dates back to pre-Columbian times, about 1,500 years before Jesus Christ, as evidenced by the Mayan archaeological remains discovered in the west of the country. The first inhabitants were the Pokomans, the Lencas and the Chortis,
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9. The first call for independence was made in San Salvador on 5 November 1811 by Father José Matías Delgado, the instigator of the ideas and movements that led to the independence of Central America. In the year of the proclamation of independence, the Government established itself in the city of Guatemala and it was ...
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13. The presidency of Captain General Gerardo Barrios (1859-1863) was marked by significant changes, including the adoption of the Civil Code and the Penal Code, access to education for the population, and technical and educational training for the army, and the introduction of coffee culture, which became El Salvador'...
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15. The free elections of 1930 were won by Arturo Araujo, but the internal difficulties caused by the effects of the great depression and the fall of the coffee prices favored a coup d'état which led General Maximiliano Hernández Martínez to power. He served as president from 1931 to 1944, when he was laid down by anot...
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22. Also in 1982, a government of national unity was formed led by Álvaro Magaña, who in June 1984 handed over the political power to José Napoleon Duarte, who served as president until May 1989; on 1 June 1989, Alfredo Félix Cristiani Burkard succeeded him.
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24. The United Nations, mandated to monitor the implementation of the Peace Agreements, declared in January 2003 that the process had been completed, recognizing that El Salvador had fulfilled its commitments and fulfilled its obligations under the Peace Agreements.
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32. The population of El Salvador is characterized by relatively high birth, mortality and migration rates; mortality and migration were affected by the armed conflict from the late 1970s to the early 1990s.
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34. The comparative table below presents El Salvador's socio-economic indicators for the years 2005 to 2009 and the status of the other indicators set out in annex 3 to the guidelines.
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39. The country ' s external debt has doubled over the past decade, with a break in this trend in 2007, but in May 2009 the situation changed with the approval of the Legislative Assembly of the decision to issue new loans amounting to $1.8 billion. In March 2010, the external debt amounted to $12.8 billion, or almost ...
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46. The percentage of poor households increased from 30.8 per cent to 34.6 per cent between 2006 and 2007, mainly due to the 8 per cent increase in poverty in rural areas, while extreme poverty increased from 9.8 per cent to 10.8 per cent during the same period, owing to the 4.1 per cent increase in rural areas. 2 With...
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47. The 2009 budget maintained the trend towards increased spending in recent years. The overall amount for 2009 was $3,627.6 million, an increase of 8.5 per cent ($285 million), with projected growth from tax revenues.
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49. The various structural adjustment programmes implemented during the 1990s covered four areas: price liberalization, privatization, monetary and fiscal discipline and trade openness, which led the country to a liberal economy.
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52. The GSP currently exists with the United States and Japan and, in order to consolidate El Salvador's international integration into external markets and to expand economic opportunities for domestic productive sectors, the country has signed Free Trade Agreements (FTAs) with several countries, including the United ...
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54. The tariff structure is characterized by significant progressivity; all tariffs are consolidated at a maximum rate of 40 per cent; therefore, there is a wide disparity between the rates applied and the bound rates, which may affect the predictability of market access conditions; however, efforts still need to be ma...
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55. The Constitution of the Republic, which entered into force on 20 December 1983, is the result of the Constituent Assembly elected by universal suffrage in 1982, which regulates the political life of the State, the organization of society and the functioning of institutions and limits the discretionary and arbitrary...
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57. The current Constitution entered into force on 20 December 1983, replacing the 1962 Constitution and reforming the political, economic and social order. The traditional name "Powers of the State" has been replaced by "State organs", which are: the legislative, executive and judicial bodies.
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60. The Salvadoran political system is pluralistic and expresses itself through political parties, the only instrument through which popular representation is exercised in the Government, and the norms, organization and functioning of this system are governed by the principles of representative democracy.
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64. The Constitution of the Republic provides that the existence of a single official party is incompatible with the democratic system and with the form of government; it also recognizes the right of the people to insurrection with the sole aim of restoring the constitutional order altered by the violation of the norms...
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66. The public authorities emanate from the people and the organs of the Government exercise them independently, within the framework of the powers and powers conferred upon them by the Constitution and by the laws; the powers of the organs of the Government cannot be delegated, but these bodies work in cooperation wit...
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67. The basic organs of the Government are the legislative, executive and judicial bodies, and Government officials are representatives of the people and have powers other than those expressly provided for by law.
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72. The Supreme Electoral Tribunal is composed of five judges elected by the Legislative Assembly for five years, three of whom are elected from among the lists proposed by the three political parties or legal coalitions that received the largest number of votes in the last presidential election; the other two are elec...
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81. The percentage of women mayors in the country has increased compared to the period 2000-2003; for the same period, of the 262 municipalities in El Salvador, the percentage of women mayors was 6.4 per cent. For the period 2003-2006, it has increased to 8.30 per cent, and today there are 22 elected mayors, as shown i...
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82. The involvement of women ' s organizations and the work of local governments have led to the opening of discussions on the main problems faced by women, which have enabled new aspects to be addressed and objectives set.
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88. The executive body is composed of the President and Vice-President of the Republic, the ministers and vice-ministers of State, and their collaborators, and the functioning of this body is governed by the provisions of the Constitution and its internal regulations.
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89. The President of the Republic is the Head of State, the Head of Government and the General Commander of the Armed Forces, who heads the executive function, and the President's term of office is five years, beginning and ending on 1 June.
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90. The conduct of public affairs is carried out by the Secretariats of State which share the various branches of the administration. Each secretariat is headed by a minister who is assisted by one or more deputy ministers, in accordance with article 159 of the Constitution. In order to have legal status, decrees, deci...
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91. The Council of Ministers consists of the President and Vice-President of the Republic, the Ministers of State and their alternates, among other functions, the adoption of the internal regulations of the executive body and its own regulations, the preparation of the general plan of the Government and the draft budge...
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94. The Director of the National Civil Police is appointed by the President of the Republic. The National Civil Police is responsible for urban and rural police, ensures public security, tranquillity and order, and cooperates in the investigation of crimes, always in accordance with the law and human rights.
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95. The Armed Forces are a permanent institution in the service of the nation. Subject to the duty of obedience, they are professional, non-political and non-disclusive. Their mission is to defend the sovereignty of the State and territorial integrity.
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96. The judiciary currently has 251 women serving as magistrates and justices of the peace in commercial, judicial, civil, family, investigation, sentencing and children matters, and the Supreme Court of Justice is composed of 15 judges, including 5 women; 33 per cent of judges are women, compared with 67 per cent of m...
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103. The Act establishes a special legal regime that regulates the activities and functions of non-profit associations and foundations; a register allows for the official publicity of their creation, organization and management, and provides legal certainty to those entities, their members and third parties who deal wi...
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105. The Registrar General shall examine the documents submitted, ensure that the legal conditions have been met and may request further information. In the event of an incomplete file, failure to comply with the form or the law, or a breach of morals, public order or morals, the Registrar General shall inform the pers...
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106. The persons concerned shall take into account the observations made and take the necessary steps within 45 working days. In the absence of observations or once the irregularities have been rectified, the executive body, through the Ministry of Justice and Public Security, shall grant legal personality, approve the...
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The Supreme Court of Justice, the courts of second instance and other courts established by secondary laws are part of the judiciary and are empowered to judge and enforce judgements in constitutional, civil, criminal, commercial, labour, agricultural and administrative matters, as well as in other matters provided for...
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115. The Constitution provides the judiciary with an annual budget which may not be less than 6 per cent of current revenue from the general budget of the nation, in order to guarantee its economic independence.
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118. The Supreme Court of Justice is divided into four chambers. The Constitutional Chamber is competent for appeals against the unconstitutionality of laws, decrees and regulations, for amparo appeals and for habeas corpus appeals. It is composed of five specially elected judges and is presided over by the President o...
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120. The courts of second instance, which are courts of appeal, consist of two judges, while the courts of first instance and the courts of peace have a single judge, all of whom are appointed by the Supreme Court of Justice from a list proposed by the National Council of the Judiciary (art. 175 of the Constitution).
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122. The Organic Law on the Judiciary lays down the regime of the courts, defines the powers of the President of the Supreme Court of Justice in plenary assembly and of the Chambers which make up it, those of the courts of second instance and lower courts, and those of the judicial officers. It also defines the functio...
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123. The Supreme Court of Justice, in accordance with the Organic Law on the Judiciary, comprises the following services: (a) The Notariat Branch, which is responsible for overseeing the performance of notarial functions; (b) The Probity Service, which controls the assets of civil servants in accordance with the Law on...
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124. The Supreme Court of Justice also has three departments: the first is responsible for information on persons detained by any authority; the second is responsible for the enforcement of sentences; and the third is responsible for monitoring seizures and sureties paid in all courts of the Republic.
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125. The Department of Information on Detainees shall ensure that the rights of such persons are respected and shall provide information to persons who so request. To this end, the judicial or administrative authorities, both national and municipal, the auxiliaries of the administration of justice and the military auth...
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126. The Supreme Court of Justice has an administrative unit comprising finance, engineering, human resources, administration and maintenance services, a compilation of laws, regulations and case law, as well as administrative units.
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127. The Parole Department works with the Freedom and Detention Judge and the Enforcement Judge to monitor compliance with the conditions or rules of conduct imposed in cases of conditional suspension of criminal proceedings, security measures, conditional release, conditional suspension of the execution of the sentenc...
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128. The Directorate of Forensic Medicine of the Supreme Court of Justice, a governing body in the field of forensic medicine and forensic science, works closely with the administration of justice. The Institute of Forensic Medicine is assigned by the Office of the Attorney-General of the Republic, by decision of the c...
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132. The current Constitution guarantees the independence of the judiciary from the other organs of the State through a series of provisions concerning its budget and operation, for example, the last paragraph of article 172 of the Constitution provides that "The judiciary shall have a budget equal to or greater than 6...
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151. The case of the Serrano Cruz sisters, in which the Inter-American Court of Human Rights handed down its judgment on 1 March 2005, is also in the monitoring phase of its implementation. Here, as part of the obligations arising from the judgment, the State established the National Commission for the Search for Missi...
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153. The effective enjoyment of human rights and fundamental freedoms is guaranteed by the following institutions: (a) The Supreme Court of Justice, the courts of second instance and other courts provided for in secondary laws, which constitute the judicial body (art. 172 of the Constitution); (b) In accordance with ar...
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154. The Office of the Attorney-General of the Republic has the following functions and responsibilities: to defend the interests of the State and society; to engage, ex officio or to
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155. The Office of the Procurator-General of the Republic, pursuant to article 194, paragraph II of the Constitution, is responsible for the defence of the family and for the defence of the person and interests of minors, the disabled and adults of age. It provides legal aid to low-income persons and represents them in...
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156. The status of the Office of the Procurator-General of the Republic is defined in article 2 of the Act on the Organization of the Office of the Procurator-General of the Republic, which is a permanent and independent institution with legal personality and administrative autonomy, which is under the authority of the...
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158. The Office of the Procurator-General of the Republic provides technical protection for human rights in family, criminal, labour-related and real and personal rights, providing administrative, judicial or notarial assistance to citizens, mediation and psychosocial prevention services, and includes four units of ser...
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