CAMPOS-RUBIO Alfonso
SAN JOSE DEL CABO, Baja California Sur .- legislative reforms to ensure the right to receive food to survive and promote training and certification of Family Judges, proposed by President of the State Commission Human Rights (ECHR) in the Regional Seminar "alimony, a fundamental right." Before the Ombudsman
North Country, Arturo Ramirez Raul Ramirez stressed the importance of streamline judicial procedures for obtaining payment of alimony.
"There are serious complications for those applying this fundamental right it is therefore necessary to reduce the administrative burden and simplify procedures and create spaces in which legal advice is provided free, quality, given that there are insufficient and the service provided is far from quality by excessive accumulated work, "said Ramirez.
Proposals to achieve this goal, he said, "they also must create spaces that provide free, quality counseling, the father and mother and children, professionals trained to address family issues since that There are insufficient.
This is compounded when the service provided is far from being of quality for the extra work accumulating, scheduling the next appointment, a month and a half or two months, which discourages users of these services who end up leaving, "he said. Sonoran
The Ombudsman said that mediation is an effective means to resolve family conflicts, "the new Family Code of the State of Sonora, which comes into effect next October, represents a major breakthrough to establish mediation to resolve family conflicts. "
The principles of equality, non discrimination and best interests of children are based on the recognition of the inherent dignity and equal and inalienable rights of all members of the human family and therefore are fundamental rights.
The satisfaction of these needs falls primarily to parents, and as the cultural model in which the family is involved, the main provider of these satisfactions, they are the father, even when traveling on the road towards equality between men and women has been changing the law imposes this responsibility on both parents, primarily on a significant number of cases.
Another function is intimately linked to the principle of solidarity and mutual assistance to be spouses, which leads to the development of a positive marriage covenant that runs in the family.
The family is responsible for the upbringing and socialization of children, when families are able to adapt to their environment fulfilling these three functions are considered healthy and functional families.
"We know and we know that those family environments in which no one is able to cover even the most basic needs (shelter, food, clothing, and assistance in case of illness) detract from the quality of life and this leads to other problems the development of violent behavior, drug use and abuse, alcoholism, psychological disorders, etc. ", described the owner of the ECHR.
These principles of equality, non discrimination and best interests of children, reveal the political decision of the Mexican state to recognize them as values \u200b\u200binherent in human dignity as it must explain and make them known in a precise and clear.
"In such a way that the law and the institutions consider the particularities of each of the members of the family, taking into account their characteristics and differences, so that men and women, children and adolescents are fully developed, each according to their skills and needs, these are the foundations for real democracy, which covers both the private and the public, "he reiterated.
To achieve the development of democracy at these levels is required profound change in the ways of thinking, a cultural change to respond differently to the demands of social relations, a change that should be reflected in the consolidation of a conducive legal framework and ensure the fundamental right to receive food.
"A claim to improve the material conditions of women, children and adolescents, the elderly and disabled elderly people has been expressed through various processes:
international treaties, federal and state arising from the early eighties onwards meaning a recognition of the evolutionary process of society that has been influenced by many factors, we highlight only those that concern the exposure of the theme on the fundamental right to receive food.
"In my opinion, we must consider whether this profound change and renewal must be extended to social workers of the law (psychologists, experts involved issuing their opinions in family matters, university teachers, mediators, etc.).
In this profound change requirement for operators of the law there is an element in the administration of justice, which must be thoroughly reviewed and reassessed by the importance of:
All processes of change affecting the person and families, the political, economic and social fields have changed the order and functioning in the family, generating a breakdown, which forced a rethinking is taking us a new family model requires a new dynamism to retain the essence and values \u200b\u200bforever.
old model based on patriarchal authoritarianism does not work that compels us to rethink the order and function, recognizing its essence to recover, recreate and project the creation of other models, where the family is able to meet its functions to meet the needs.
when boarding an objective manner the issue of family law and especially the right to collect food for survival and major problems in obtaining child support, we will consider each and every one of the variables that have been exposed:
The principles of equality, non discrimination and best interests of the child based on the recognition of the inherent dignity and rights equal and inalienable rights of all members of the human family. "
In this context, an obvious question turns out to be: The law and justice in law, are external and formal systems, useful only to maintain social calm or are able to touch the depths of the human community?
Unfortunately in many cases the judge coldly practical action to apply the law without delving into the workings of the family and the life of each of its members by adopting a passive, an observer, pending the expiry of the process to be completed with the issuance of the appropriate resolution prior assessment the evidence adduced by the parties.
In most cases in which the parties, which are usually women, are forced by circumstances to sue the payment of alimony and face multiple obstacles judicial killings, of which only highlight the following :
Legislation cited that ensure compliance with this obligation, even if they are under the media law to guarantee it.
This is because of the lack of political will to promote legislative reforms to effectively operate the means established by law to ensure compliance with this obligation.
Such is the case of mortgage over property, clothing etc. to be enrolled in the registry offices where the cost of hindering the right to use these means of ensuring an effective way given the lack of resources for maintenance creditors, in most cases.
Moreover, we must not overlook the fact that the State of Sonora, has several significant advances in this area to look for in Article 29 of the new Family Code which comes into force on 15 October this year:
"That when the house that serves as the family is proper to one of the spouses or partners may not be alienated or encumbered without the permission of both until its members must ensure a decent place to inhabit, must register that fact in the Judicial Registry Office. "
SUCH RECORDS, IS NOT TO BE SO EXPENSIVE.
In food, other legislative reforms represent a significant advance in the new family law of the State of Sonora which will run the month of October, found in Articles 193, 194, 195, 515 governing food is subsisting when establishing this obligation in cases of divorce or breakup of cohabitation.
Another obstacle is presented to obtain payment of maintenance is found in the attributable burden of proof on the applicant who is required to file evidence demonstrating the economic capacity of the obligor, making more difficult the assumption of this burden especially in cases where the obligor earns revenue by means other than an employment relationship and has no assets that could ensure compliance with this obligation.
also another obstacle We find the lack of political will to propose legislative reforms to simplify judicial procedures for obtaining payment of alimony, admitting, for example, more flexible forms of evidence such as external signs of wealth represented by the bound when is not possible to verify the salary or income of the debtor.
misuse, and in many cases, abuse of discretion granted by law to the judges who administer justice in family matters, is another obstacle facing people who go to court exercising the right have to collect food. Lack
judge certification responsible for administering justice in family matters accrediting them as suitable for handling such matters.
extra-judicial factors that are obstacles to obtaining payment of alimony, we have the following:
The lack of sensitivity and / or knowledge by the social workers of the law (lawyers candidates, social workers, expert psychologists and psychiatrists, etc.) to assume the management of family conflicts, and especially those resulting from entitlement to food, from a perspective that outweighs the paramount interest of the family and the child's best interests.
Personal conflicts arising from the breakup of the couple that result in anxiety, depression, anger, feelings of being betrayed, abandoned, stripped and humiliated, to name a few. Multiple maneuvers
displaying the food debtor to evade compliance with this requirement, ranging from third to put the name of the property acquired the property, to file tax returns zeros or quit your job.
establishing partnerships with their employers for workers to file false reports to the judge about the amount of the funds they receive as wages.
The lack of financial resources to cover the payment of fees for legal advice, and lack spaces to provide free quality legal advice.
Fear of mothers to sue the performance of the maintenance, because it increases the possibility of being threatened and / or assaulted by the debtor food. PROPOSED
RAMÍREZ
promote legislative reforms to effectively operate the means established by law to ensure compliance with this requirement, eliminating the cost of registering liens and encumbrances such as mortgage or pledge, in the Office Registration by the conclusion of an agreement or otherwise.
simplify judicial procedures for obtaining payment of alimony, admitting, for example, more flexible forms of evidence such as external signs of wealth represented by the bound when it is not possible to verify the salary or income of the debtor.
promote training and certification of judges responsible for dealing with issues of family order.
create spaces in which legal advice is provided free, quality, that there are insufficient and the service provided is far from quality by accumulating overwork.
create spaces in which counseling is provided free, quality, father, mother, and children, professionals trained to care for family affairs, since there are insufficient and the service provided is far from quality by too much work piling up, scheduling the next appointment, a month and a half or two months, which discourages users of these services who end up leaving.
promote and encourage mediation as a means of resolving family conflicts.
"In the new Family Code of the State of Sonora, which comes into effect next October, represents a major breakthrough to establish mediation to resolve family conflicts," the president of the ECHR, Sonora.
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