The responsibilities of institutions
towards early childhood

October 6, 2022

In June of this year, the Legislative Assembly approved the “Crecer Juntos” Law for the Integral Protection of Early Childhood, Childhood and Adolescence. Its purpose is to guarantee the exercise and full enjoyment of the rights of all children and adolescents and to facilitate the fulfillment of their duties.

As of this law, one of the obligations of the different institutions, public or private, will be the installation of an Early Childhood Care Center (CAPI). These centers are establishments destined to the “integral attention to early childhood and promote a loving and sensitive care”. 

During the interview “5 legal minutes” of Radio Femenina, our partner of the firm, Raquel Santos, clarified that there are certain requirements that must be taken into account for the installation of a CAPI in the different companies, businesses or state institutions.

“Those employers who have 100 or more workers are obliged to install one of these CAPI. They are the physical places where they are going to have everything equipped and have personnel prepared so that the workers can take their children, so that they can be cared for and attended to during the working day”, explained.

Likewise, regarding the requirements for infants, the ages of the employees’ children must be from the end of the maternity period until one day before their 4th birthday.

In this sense, in the scenario that the companies that must install a CAPI or do not use one of the modalities that the law says, a sanction process will be initiated and State portfolios such as the Ministry of Labor will take the obligation to make an inspection to such institutions. 

“The employer will not be able to say: he did not know he should do it. They have had all this time. There are still a few months left before the end of the year for them to get in order and comply with what the law mandates,” she said.

In addition, our expert said that there are 3 modalities to install the CAPI: The first one consists of establishing one in the work district; the second one is that, among several employers who are in the territorial district, they reach an agreement and make one; the third option is to make use of the Centers that are in the municipalities in exchange for a fee.

The “Crecer Juntos” Law will come into force on January 1, 2023. If you want to know more about the content of this regulation and about the formation of the CAPI, you can contact the team of lawyers and advisors of Torres Legal.

-Written by Torres Legal Team.

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