Law 409: Benevolence and prudential provisions

I have not the slightest doubt that the appearance, in our environment, of Law 409 of November 16, 2023, was nothing but a legal product of what represented a concern and an assertion, both fundamental and Deputy Licda. Corina Cano as his chief adviser, lawyer María Olimpia De Obaldía, who for many years showed special care in defending the family that was determined and established by God and, equally, in understanding, understanding and defending, at any cost, that marriage is nothing but consensual and legal, spiritual and psychological, given, from natural definitions, same as i anatomophysiological and morphologicalbetween a man and a woman.

in defense of marriage They were, along with organizations that defend families and children, champions who are, without a doubt, an award that is not to be spared. As is already known, it was a statement by Supreme Court of Justice determine that the provision of the Family Law that prescribes marriage is not unconstitutional: Article 26.

As is well known, this Law contains what is, as stated in the title of the same Law, the judicial system for the comprehensive protection of children and adolescents, and it is preceded by Law no. 285 of February 15, 2022, which create System of guarantees and comprehensive protection of the rights of children and youth, both laws expressing that other provisions are dictated within them. In fact, I must note that the title of both the Acts is not different in their statements and the same can lead to confusion because although an attempt has been made to explain that 409 refers to powers or attributions assigned to family judges, and that l 285 implies a catalog of rights and duties for children and youth, it is true that both laws could have been simplified and compiled into one law. I condemn in advance that Law 285 contains, from Article 1 to Article 97, statements on the recognition of pure rights to children and adolescents, while their duties are listed in only four articles, from 98 to 10.

Many rights and few obligations. As a suggestion, I am of the humble opinion that one law could have been made, and not issued two legal instruments that lead to the same goal, which is protection. comprehensive, legalchildren and adolescents.

But I repeat, both laws contain very noble legal provisions with which we agree. We do not agree, however, with some who are included in the two laws to which I refer and which, in my opinion, undermine that the nobility or goodness of the law and which are essentially related to matters concerning parental authority, which translates the set of duties and rights of parents towards their children, as defined in Article 59. National Constitution.

It is not just about emphasizing or asserting that it does not interfere with parental authority, which results in the fact that from the content of many regulations, such as Articles 42 and 97 of Law 409 and Articles 3 and 4 of Law 285, it can be concluded that that parental authority is called into question as soon as the elementary issues that make up the essential elements or characteristics of that parental authority, such as e.g. inoculation or inoculation, treatment or surgical, medical interventions, etc., which, also in my opinion, should have been legally specified more rigorously and accurately.

However, I welcome the availability deputy Corina Cano and Doña Maríaas well as young people deputy Juan Diego Vásquez, in openness to possible law reforms, so that the aforementioned reforms, soon and necessary, would dispel any uncertainty or unrest in the Panamanian family. Uncertainties joined by many lawyers and which we knew how to interpret and translate. God bless the country!