Adolescents will be able to claim their food quota | The Public Guardianship Ministry of CABA offers free sponsorship for minors

Adolescents will be able to claim their food quota | The Public Guardianship Ministry of CABA offers free sponsorship for minors
Adolescents will be able to claim their food quota | The Public Guardianship Ministry of CABA offers free sponsorship for minors

Almost 30 teenagers from the City of Buenos Aires are in judicial instance to demand payment of the child support fee by one of their parents –generally the father– thanks to an initiative of the Buenos Aires Public Guardianship Ministry that allows boys and girls between 13 and 17 years old to have their own free legal representation.

From May 2023, The Public Team of Lawyers of that ministry began to provide sponsorship to those adolescents who wanted to initiate a food claim themselves. This occurs in cases in which the separation of the parents occurred in violent terms and works as a way to preserve the parent (in most cases, the mother) who takes care of the child. Another variant is that of those who are deprived of parental care and for reasons also of abuse or violence, the State made an exceptional decision for them to live in homes. In both cases, the maintenance obligation is maintained.

A debate at a legal level

The initiative arises within the framework of a discussion around the free legal sponsorships, since in general they do not intervene in files of economic contentsuch as those of food, succession, damages and labor.

“We saw that there was a problem because, On the one hand, the maintenance obligation remained but no one claimed it on behalf of these victims.and we also observed that some parents who, in any case, continued to receive the Universal Child Allowance (AUH)”, he pointed out to Page 12 Laura Grindetti, deputy general guardian advisor for Children and Adolescents. And she added that from the Ministry there was a change of perspective on food right, which came to be conceived as a human right. “It does not only have to do with income, but is a constitutive aspect that allows other rights to be realized, such as education, recreation, health, that is, it links the entire social life of children,” explained Grindetti.

The conception is also protected by the procedural rules imposed by the National Civil and Commercial Code, which refer to the duty to listen to girls, boys and adolescents, and take into account their opinions according to their age and maturity contained in articles 677 to 680. These indicate the performance in judicial processes and constitute a projection and necessary consequence of the capacity recognized in the substantive law.

Likewise, article 661 is taken into account, which establishes the legitimation of the girl, boy and/or adolescent to claim food with legal assistance when he has sufficient maturity. Also article 679 recognizes the right of minor girls, boys and adolescents to claim their parents without judicial authorization, if they are of sufficient age and degree of maturity.

The Ministry indicates in a statement: “The claim for food by girls, boys and adolescents with their own legal sponsorship is novel given that Since the reform of the National Civil and Commercial Code of 2015, progressive capacity and the right to be heard are recognized.legitimizing girls, boys and adolescents to make claims on their own”.

How the measure is implemented

The Children’s Lawyers Team belongs to an adjunct made up of three other groups of interdisciplinary work: the interview room where testimonial statements are taken, an expert team and a reconnection team.

“Although the figure of the child’s lawyer already exists in almost all provinces, What is new is intervening in these types of processes, as well as the judicial resolutions that are coming out, which are all favorable“said Grindetti.

Since this measure began to be implemented, the team has worked on about 29 cases. Thanks to the sponsorship, In all of them they have already managed to have adolescents recognized for provisional food. Currently, the cases are open in order to reach final updates and food.

They correspond to adolescents over 13 years of age, of whom the majority are in the care of their mothers and the claim is filed with their father. Of the total, 25 are driven by men and only 4 by women, although the reason for this variable has not yet been analyzed. Differentiated by age, there are five cases of complainants aged 13, three aged 14, eight aged 15, seven aged 16 and six aged 17.

“The legal doctrine of sponsoring them in these cases is new. To the extent that the children have progressive autonomy and sufficient emotional stability to face this process, The initiative represents a good channel to guarantee these rights.“, closes the advisor.

The claim can be initiated via email to [email protected] or through WhatsApp at (11) 7037-7037 every day from 8 a.m. to 8 p.m. or in person at the service offices.

Report: Carla Spinelli

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