The DEMUNA (Municipal Ombudsman for Children and Adolescents) is a service that defends our rights in cases of mistreatment or abuse.
The DEMUNA works in the Municipality of your district and they are always ready to assist you.
Children, adolescents, fathers, mothers, neighbors, and anyone else who knows of any case of abuse.
This brief reference work constitutes a small contribution that must be completed later with new terms of the subject.
- Civil action:
It is the action that aims to pursue the civil responsibilities derived from the punishable act.
- Private criminal action:
It is that action that can only be exercised by the victim of the crime
- Public criminal action:
It is that ex officio exerted by the public prosecutor for the prosecution of a crime when there is no special rule regarding it.
- Administrative actions:
They are actions that are deployed to deal with a case, before the institutions that incur a contravention
- Memorandum of association:
Document in which the will of one of the parties is expressed for the benefit of the girl, boy or adolescent.
- Conciliation act:
It is the document that expresses the manifestation of the will of the parties in the conciliation
- Foods:
It is everything necessary for the sustenance, habitation, clothing, education, instruction and training for work, medical care, recreation of the girl, boy or adolescent and the pregnant mother from conception to the postpartum stage.
- Qualification:
It is the moment in which the defender evaluates the received case and determines the action to follow.
- Case:
It is a fact, situation or event that violates the rights of girls, boys or adolescents, which the Ombudsman for Children and Adolescents becomes aware of through verbal or written communication through the informant or that is detected by a member of the Ombudsman.
- Provisional family placement:
It is the placement of the child or adolescent in a family or with a person who takes care of him and will take responsibility for him temporarily.
- COMUDENA:
It means a municipal committee for the rights of children and adolescents and "is an advisory body that supports the management of local government for the protection and promotion of the development of children and adolescents."
- Out-of-court settlement:
Extrajudicial conciliation in the ombudsmen for children and adolescents is an alternative mechanism aimed at solving family problems, with the participation of the ombudsman to promote a voluntary agreement between the parties, taking into account the principle of the best interests of the girl, boy or adolescent.
- Contravention:
Any breach of the provisions in favor of girls, boys and adolescents contemplated in the code constitutes a convention ………………….
- Ombudsman for children and adolescents:
It is a service of the national system of comprehensive care that works in local governments and in public and private institutions whose purpose is to safeguard the rights that the legislation recognizes for our children and adolescents.
- Local ombudsmen:
The Local Defenders are operational units in which the local defenders of the Region work.
In the event that the Local Ombudsman has two or more local defenders, a chief defender will be appointed. These Defensorías depend directly on the Regional Defensoría that groups them.
Throughout the country, there may be up to eighty Local Defenders, which will be distributed according to criteria of workload, territorial extension, communication facilities and efficiency in the use of resources.
The amount of resources assigned does not allow having local ombudsman offices in all cities, so those whose population exceeds 50,000 inhabitants have been privileged.
However, in the cases of cities that do not reach this population, the Defenders must go to the towns whenever necessary.
The Local Defenders will assume the defense of the accused who lack a lawyer in the first action of the procedure directed against them and, in any case, prior to the holding of the first judicial hearing to which he is summoned.
They will also assume it whenever, in accordance with the Code of Criminal Procedure, a defense lawyer is missing, for any reason and at any stage of the procedure.
They will maintain the defense until the attorney appointed by the accused assumes, unless he is authorized to defend himself personally.
The Local Defenders are appointed by the Regional Defender after a public contest of opposition and background.
The requirements to access the position are: being a citizen with the right to vote; possess the title of lawyer, and not be subject to any of the disabilities in incompatibilities for entry to the public administration.
- Municipal Ombudsman for Children and Adolescents - DEMUNA:
It is a municipal service in charge of protecting the rights of the child in the jurisdiction of the Local Government.
In order to carry out this function, it organizes two types of activities: protection (through attention to cases) and promotion (through dissemination, prevention and training in children's rights).
- Regional ombudsmen:
The Public Criminal Ombudsman is structured into 14 Regional Ombudsmen: one in each region of the country, except for the Metropolitan Region where there will be two.
Each of the Regional Defenders will have its headquarters in the respective regional capital.
The Regional Defenders are in charge of the administration of the means and resources necessary for the provision of public criminal defense, in the regions, to all those accused who lack a lawyer.
The Ombudsmen are in charge of a Regional Ombudsman appointed by the National Ombudsman after a public contest of opposition and background.
His tenure in office will extend for five years and he may be designated successively, through public competition, each time he applies for a new position.
The requirements to access the position are: being a citizen with the right to vote; have at least five years the title of lawyer, and not be subject to any of the disabilities in incompatibilities for entry into the public administration.
Among its functions is to know, process and resolve the claims presented by the beneficiaries of the public criminal defense, which is one of the main resources that allow the Public Criminal Defender to reliably safeguard the quality of the delivery of defense benefits.
Its specific functions are as follows:
- Dictate, in accordance with the general instructions of the National Defender, the rules and instructions necessary for the organization and operation of the Regional Ombudsman and for the proper performance of the Local Defenders. Know, process and resolve the claims presented by the beneficiaries of the criminal defense Supervise and control the administrative operation, staff performance and budget administration of the Regional Ombudsman and the Local Ombudsman offices that depend on it. Supervise and control the administrative operation of the Regional Ombudsman and the Local Ombudsman offices. Communicate with the National Defender the budgetary needs of the Regional Ombudsman and the Local Ombudsmen who depend on it.Propose to the National Ombudsman the location of the Local Ombudsmen and the distribution in each of them of the Local Ombudsmen and other officials. Ensure expedited access to the Regional Ombudsman and Local Ombudsmen, as well as due attention to the accused and accused. Authorize the hiring of experts and the preparation of reports, by these professionals, requested by the public criminal defense attorneys. Receive the application of the interested parties in the bidding processes, making the information available to the Council. Deliver a report annual management to the National Ombudsman, detailing the difficulties experienced in the functioning of the Regional Ombudsman during that period, and his proposals to correct them in the future. Propose to the Council the regional bidding rules.Exercise the other functions entrusted to it by law and those delegated by the National Defender.
- Complaint:
It is the written communication that the defender makes before the closest competent instance, of the presumption of offenses or crimes committed to the detriment of girls, boys and adolescents.
- Rights not available:
Set of powers, powers, attributes, inherent to people, not subject to resignation, transfer or transaction.
- Bypass:
It is understood by referral to any act by which the ombudsman's office transfers the attention of the case totally or partially to an instance, authority or professional that may have competence for its best treatment.
- Arbitrary arrests:
This is when a girl, boy or adolescent is detained without a warrant or without having committed an offense, or when, despite the existence of an arrest warrant, more than 24 hours have elapsed while in custody and has not been made available to the competent judicial authority..
- Empowerment:
Official United Nations documents propose several translations for the English term “empowerment”: empowerment and autonomy of women / emancipation of women / empowerment of women / creation of conditions for the full participation of women in society or for the full exercise of their rights or for the realization of the potential of women.
It can also be defined as: “search for power in the specific terms of each group of subjects.
Achieve the ability to make your own decisions and define priorities without abandoning your own cultural perspectives and conceptions ”.
In the case of women, it refers to their strategy as individuals and as organizations to gain power (by themselves) individually and / or collectively, through participatory actions.
- File:
It is the set of documents of the case care procedure. Each file may also have, if necessary, the documentation related to it presented by the parties, institutions or authorities involved in the resolution of the case.
- Informant:
Any person or institution that has knowledge of a fact or facts that affect or put at risk the exercise of the rights of the girl, boy or adolescent and informs the Ombudsman, regardless of whether they are a relative or not of the affected.
- Late registration of births:
It is the regularization of the registration of the birth of the girl, boy and adolescent in the birth records of the national registry of identification and marital status.
- Child abuse:
It is any aggression or damage intentionally produced by action or omission to the girl, boy or adolescent by their parents, siblings, relatives, teachers or other people.
- Matter:
It is understood by matter to the type of right that is presumed violated.
- Reconcilable matters:
It is the type of right violated on which it can be reconciled as long as there are no judicial processes in process or concluded on the same case, nor do they constitute fault or crime.
It can be reconciled in food, provisional family placement, rules of behavior, tenure, visitation regime, family violence, mistreatment, voluntary recognition of filiation.
- Timely registration:
When a girl, boy or adolescent is enrolled at an appropriate age and time.
- Rules of behavior:
These are rules or guidelines that are aimed at safeguarding the rights and obligations of girls, boys, and adolescents. These rules can be applied to parents as well as to children and adolescents.
- Procedure for case management:
It is the development of successive actions, tending to the resolution of a case.
- Orientation:
It consists of providing varied information on general or specific topics, it is not a stage of the case care procedure.
- Voluntary recognition of extrajudicial affiliation:
It is the voluntary recognition of the unrecognized child (signed) before the Civil Registries by the father or the mother.
- Rectification of games:
It is the correction of data recorded in the birth certificate of the girl, boy and adolescent registered in the birth records of the national registry of identification and marital status.
- Visiting schedule:
The father or mother who does not live with their children has the right to visit them, for which, by agreement of the parties, visiting days and hours are established.
- Tracing:
It consists of the set of mechanisms that aim to regularly verify compliance with the agreements established in the conciliation act and commitment act, as well as protect due process, Of the complaint made to guarantee the recognition of the violated right.
- Tenure:
It is the responsibility assumed by one of the parents of the girl, boy and adolescent to ensure their integral development when they are in fact separated.
This right can also be claimed by those who have a legitimate interest in the child or adolescent.
The mother or father who hands over his daughter or son does not lose parental authority.
- Family violence (VF):
The Single Ordered Text - TUO of Law No. 26260, although it has undergone several modifications, defines the VF as: Any action or omission that causes physical, psychological, mistreatment without injury, including serious and / or repeated threat or coercion, as well as sexual violence, which occurs between: Spouses, Ex-spouses, Cohabiting, Ex-cohabitants, Ancestors, Descendants, Collateral relatives up to the fourth degree of consanguinity and second of affinity, Those who live in the same household, provided that there are no contractual or labor relations, and Those who have produced children in common, independently, who live or no, at the time of the violence.
Likewise, the INEI, in its 1999 Household Survey on family life, tells us that the VF is: "Any act or omission by any member of the family against other members of it, regardless of the physical space where it occurs, that violates their physical, psychological or sexual integrity, which may or may not cause injury, freedom and the right to full development ”.
The Ministry of Education states that:
“VF is a set of power interactions exercised by one or more members of the family group to dominate, subdue and control other members located in a position of submission or dependency through physical, verbal, emotional or sexual aggression.
VF is not a private or isolated matter; it configures a social problem that prevents harmonious coexistence.
It can appear periodically or permanently and establish itself as a predominant form of interaction in family dynamics.
In short, it is expressed through aggressive behaviors that fall on the most vulnerable members of the family, appreciating an imbalance of power among its members. ”
Finally, we believe that VF is any act or omission committed against women and children, by a family member, spouse, ex-spouse, person with whom they cohabit, or have lived and / or procreated children, regardless of the place where the events occur.
Physical, psychological, sexual damage, abuse without injury, including serious and / or repeated threat or coercion.
