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Family and Child Law
 

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Network of Hemispheric Legal Cooperation in the Area of Family and Child Law

El Salvador

Introduction to the legal system | Acknowledgment and declaration of paternity | Adoption of minors | Parental authority and custody of children | Care, familial assistance and child support obligations in favor of minors | Traffic in, abduction and return of minors | Protection against abuse, including sexual abuse, of minors

 

Introduction to the legal system

Description

Introduction to the legal system of the Republic of El Salvador

Overview of the regulation of family and minors in the Republic of El Salvador

Designated authority in charge of implementing the Network

 

Fundamental texts

Constitution of the Republic of El Salvador (1983)

Family Code

Civil Code of the Republic of El Salvador

Penal Code of the Republic of El Salvador

Civil and Commercial Procedure Code

Juvenile Penal Law of the Republic of El Salvador

Family Procedure Law

Law Against Intra-Familial Violence

Law of the Salvadorian Institute for the Integral Development of Childhood and Adolescence

Organic Law of the Attorney General of the Republic

Law of Personal Identification for Minors Younger than Eighteen Years Old

Law of Vigilance and Control of the Execution of Measures Against the Minor Subject to the Juvenile Penal Law

Law for the Fight Against Criminal Activities of Special Illegal Groups or Associations

Law for the Equalization of Opportunities for Disabled Persons

 

Bilateral treaties

Memorandum of Understanding between the Government of the United Mexican States and the Government of the Republic of El Salvador for the Protection of Persons, Particularly Women and Minors, Victims of Illegal Trade and Traffic

Memorandum of Understanding between the Republic of El Salvador and the Republic of Guatemala for the Protection of the Victims of Trade in Persons and Illegal Traffic in Migrants

Memorandum of Understanding for the Combat, Prevention, Protection and Assistance for the Victims of Trade in Persons between the Republic of El Salvador and the Republic of Costa Rica

Memorandum of Understanding between the Government of the Republic of El Salvador and the International Labour Organization for the International Program of Eradication of Child Labour

Memorandum of Understanding with Canada for a Program on Adoption of Minors

Agreement between the Government of El Salvador and the Government of the United States of America for the Enforcement of Support Obligations

 

Multilateral agreements

Code of International Private Law (Bustamante Code

Convention on the Rights of the Child

Hague Convention on the Protection of Children and Cooperation in Respect of Intercountry Adoption

Inter-American Convention on the Granting of Political Rights to Women

Inter-American Convention on the Granting of Civil Rights to Women

Convention on All Forms of Discrimination against Women

Convention on the Political Rights of Women

Inter-American Convention on Prevention, Punishment and Eradication of Violence against Women (Convention Belem do Pará)

Agreement # 77 of the International Labour Organization (ILO) on the Medical Examination of Minors (Industry)

Agreement # 78 of the International Labour Organization (ILO) on the Medical Examination of Minors (Non-Industrial Occupations)

Agreement # 182 of the International Labour Organization (ILO) on the Prohibition of the Worst Forms of Child Labour and Immediate Action for their Elimination

Optional Protocol of the Convention on the Rights of the Child Relative to the Participation of Children in Armed Conflicts

Optional Protocol of the Convention of the Rights of the Child Relative to the Sale of Children, Child Prostitution and Child Pornography

Inter-American Convention of Traffic in Minors

Hague Convention on the Civil Aspects of International Child Abduction

International Convention for the Prevention of the Trade in Women and Children

 

 

Acknowledgment and declaration of paternity

General

Acknowledgment and declaration of paternity in El Salvador

 

Legislation

Articles 133 to 185 of the Family Code

 

Bilateral treaties

 

Multilateral agreements

Chapter V of the International Private Law Code (Bustamante Code)

Convention on the Rights of the Child

 

Jurisprudence

 

Other documents of interest

 

 

Adoption of minors

General

Regulation of the adoption of minors in El Salvador

 

Legislation

Articles 165 to 185 of the Family Code

 

Bilateral treaties

Memorandum of Understanding with Canada for a Program on Adoption of Minors

 

Multilateral agreements

Chapter VIII of the International Private Law Code (Bustamante Code)

Convention on the Rights of the Child

Hague Convention on the Protection of Children and Cooperation in Respect of Intercountry Adoption.

Declaration on the Social and Legal Principles in Respect of the Protection and the Wellbeing of the Children, with particular reference to the Adoption and the Placing in Foster Homes, at the National and International Levels. l

 

Competent authorities

Salvadorian Institute for the Integral Development of Childhood and Adolescence

Attorney General of the Republic

 

Jurisprudence

 

Other documents of interest

 

 

Parental authority and custody of children

General

Regulation of parental authority and custody of children in El Salvador

 

Legislation

Articles 206 to 246 of the Family Code

 

Bilateral treaties

Multilateral agreements

Chapter VII of the International Private Law Code (Bustamante Code)

Convention on the Rights of the Child

 

Competent authorities

 

Jurisprudence

 

Other documents of interest

 

 

Care, familial assistance and child support obligations in favor of minors

General

Regulation of care, familial assistance and support obligations in favor of minors in El Salvador

 

Legislation

Articles 206 to 222 and 274 to 271 of the Family Code

Article 139 of the Family Procedural Law

 

Bilateral treaties

Agreement between the Government of El Salvador and the Government of the United States of America for the Enforcement of Support Obligations

 

Multilateral agreements

Articles 59, 67 and 68 of the International Private Law Code (Bustamante Code)

Convention on the Rights of the Child

 

Competent authorities

Competent authority under the Agreement between the Government of El Salvador and the Government of the United States of America for the Enforcement of Support Obligations

 

Jurisprudence

 

Other documents of interest

 

 

Traffic in, abduction and return of minors

General

Regulation of traffic in, abduction and return of minors in El Salvador

 

Legislation

Articles 4, 205, 207 and 212 of the Family Code

Article 367 of the Penal Code

 

Bilateral treaties

 

Multilateral agreements

Inter-American Convention on the Traffic in Minors

Optional Protocol of the Convention of the Rights of the Child Relative to the Sale of Children, Child Prostitution and Child Pornography.

Hague Convention on the Protection of Children and Cooperation in Respect of Intercountry Adoption.

Hague Convention on the Civil Aspects of International Child Abduction.

 

Competent authorities

Competent Authorities for the Hague Convention on the Civil Aspects of International Child Abduction.

 

Jurisprudence

 

Other documents of interest

 

 

Protection against abuse, including sexual abuse, of minors

General

Protection against abuse, including sexual abuse, of minors in El Salvador

 

Legislation

Articles 222, 240-246, 351, 366, 368-388 of the Family Code

Law Against Intra-Familial Violence

Articles 159, 161, 163-170, 173 and 204-205 of the Penal Code of the Republic of Salvador

Articles 4 and 33-44 of the Law of the Salvadorian Institute for the Integral Development of Childhood and Adolescence

Article 28 of the Organic Law of the Attorney General of the Republic

 

Bilateral treaties

Memorandum of Understanding between the Government of the United Mexican States and the Government of the Republic of El Salvador for the Protection of Persons, Particularly Women and Minors, Victims of Illegal Trade and Traffic

Memorandum of Understanding between the Republic of El Salvador and the Republic of Guatemala for the Protection of the Victims of Trade in Persons and Illegal Traffic in Migrants

Memorandum of Understanding for the Combat, Prevention, Protection and Assistance for the Victims of Trade in Persons between the Republic of El Salvador and the Republic of Costa Rica

Memorandum of Understanding between the Government of the Republic of El Salvador and the International Labour Organization for the International Program of Eradication of Child Labour.

 

Multilateral agreements

Convention on the Rights of the Child

Hague Convention on the Protection of Children and Cooperation in Respect of Intercountry Adoption.

Declaration of the Rights of the Child.

Agreement # 182 of the International Labour Organization (ILO) on the Prohibition of the Worst Forms of Child Labour and Immediate Action for their Elimination.

Optional Protocol of the Convention on the Rights of the Child Relative to the Participation of Children in Armed Conflicts.

Optional Protocol of the Convention of the Rights of the Child Relative to the Sale of Children, Child Prostitution and Child Pornography.

Agreement # 77 of the International Labour Organization (ILO) on the Medical Examination of Minors (Industry).

Agreement # 78 of the International Labour Organization (ILO) on the Medical Examination of Minors (Non-Industrial Occupations).

 

Competent authorities

Competent authority for Agreements # 77, 78 and 182 of the ILO

Competent authority for the Optional Protocol of the Convention of the Rights of the Child Relative to the Sale of Children, Child Prostitution and Child Pornography.

Competent authority for the Hague Convention on the Protection of Children and Cooperation in Respect of Intercountry Adoption.

 

Jurisprudence

 

Other documents of interest

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