Panama Laws in English

The arrival of Spanish troops in 1501 led to the conquest of the isthmus and the introduction of Spanish laws. A special set of laws was enacted for use in the American colonies and the Philippines, codified in the “Recopilación de Leyes de Indias y Filipinas” published in 1680. The compilation includes 9 volumes, 218 titles and more than 6000 laws covering all aspects of legislation in Spanish colonies abroad. As the character of the Spanish presence changed from a military campaign to colonial territorial expansion, the isthmus was subject to territorial institutions such as the governor, viceroyalty and audiencia for three centuries. Rhino International – Catalogue of Legal Drafters of Panama Laws and updates to tax laws All laws and regulations contrary to this Constitution shall be repealed, with the exception of those relating to parental authority and maintenance, the contrary parts of which shall remain in force for a maximum period of twelve months from the date of entry into force of this Constitution. (Clause 326) Superintendent of Banks (with English translation of laws) Ejuridica – Legal website with free laws and codes to download for a fee. The executive branch consists of the President, who is elected by universal suffrage for a 5-year term and appoints at his discretion the ministers and heads of several regulatory bodies. The branch has certain entities with tasks related to the legal system, such as the Ministry of Government and Justice, which includes several institutions, such as the Public Registry, which is responsible for the registration of deeds and transfers of property, the Public Force, which is responsible for national defense and police functions, and the Prison Directorate. Other bodies include the Ministry of Economy and Finance, which imposes fines for tax offences, and its Customs Court, which imposes custodial sentences for customs fraud, the Ministry of Labour and Labour Development, which proposes the settlement of disputes relating to labour claims, and its arbitration and decision-making bodies, which hear cases of unfair dismissal, the Commission on Free Competition and Consumer Affairs, which deals with human rights disputes. offers consumer disputes and brings ex officio actions. anti-competitive cases and the public service regulator, which resolves disputes between utilities and their users and hears violations of telecommunications laws. Legal research: The legislative website of the National Assembly (Asamblea Nacional) (www.asamblea.gob.pa/main/LegispanMenu/Legispan.aspx) maintains a database of Panamanian laws in Spanish, and the Superintendence of Banks of Panama maintains a database of laws in English (www.superbancos.gob.pa/en/laws-and-reg).

In addition, the GlobaLex initiative has published a Panama (www.nyulawglobal.org/Globalex/Panama.htm) Legal Research Guide at New York University, and the World Legal Information Institute provides selected links to Panamanian (www.worldlii.org/pa/) legal resources as well as to the United States. Library of Congressional Law (www.loc.gov/law/help/guide/nations/panama.php). Panama declared independence in 1821 and joined Gran Colombia – a confederation that also included Colombia, Venezuela and Ecuador. A presidential decree of 1825 stipulated that Spanish laws, which were in force in the colonies until 1808, were to be a source of law supplementing Colombian laws. These Colombian laws were eventually enacted by autocratic executives and legislatures subordinated to Bogota. During this time, several attempts were made to secede from the isthmus. An exception was a brief period between 1863 and 1885, when Colombia was a federal entity, of which Panama was a state called the sovereign state of the isthmus with its constitution and state assembly. The National Assembly issued a civil and administrative code for Panama, which in most cases replaced Spanish laws and even served as a model for other Colombian states. The adoption of a Colombian National Civil Code in 1873 eventually repealed Spanish law as well as all state constitutions and codes.

Legispan – Legislative Assembly website with a searchable database of statutes since 1903. Abstract: An overview of Panamanian national legislation on the rights of the child, including guidance on how to conduct further research. National laws and children`s rights Status of the Convention on the Rights of the Child in domestic lawThe Convention on the Rights of the Child was transposed into Panamanian law by Act No. 15 of 6 November 1990. However, in its 2003 State report, the State party noted that the Convention had not been implemented in practice by administrative, political and judicial bodies “due to a lack of will to change traditional attitudes, a lack of information and resources, and the absence of a genuine national movement for the rights of the child”. The state reported in 2011 that since 2006, “the Convention as a whole has been incorporated into the constitutional corpus,” although it is not clear how this works in practice. Constitution: Title III of the Constitution of Panama contains a number of legal provisions that apply regardless of age, but also contains a small number of provisions that explicitly refer to the rights of the child: Article 70: prohibits children from working before the age of 14, unless otherwise provided by law. Article 95: provides for compulsory primary education Article 106: requires the State, Ensure special protection for children Legislation: Panama does not have a comprehensive or consolidated law on children; On the contrary, legislation on children`s rights is found in a large number of implementing laws and regulations.

In addition, the GlobaLex initiative has published a Panama Legal Research Guide (www.nyulawglobal.org/Globalex/Panama.htm) at New York University, and the World Legal Information Institute provides selected links to Panamanian legal resources (www.worldlii.org/pa/) as well as the United States Library of Congressional Law (www.loc.gov/law/help/guide/nations/panama.php). Case lawCase law on children`s rightsPlease contact CRIN if you are aware of cases brought before national courts concerning the Convention on the Rights of the Child. The Judicial Documentation Centre (bd.organojudicial.gob.pa/registro.html) publishes the decisions of the Supreme Court and the courts of appeal in Spanish. In accordance with the CRCAs of the 2011 observations of the Committee on the Rights of the Child, the draft comprehensive law on the rights of the child has been submitted to the Panamanian Congress but has not yet been approved. The Committee encouraged the State to take the necessary steps to ensure that a comprehensive Children`s Act is put in place that treats children as rights holders and not as objects of protection. In-depth analysis Among the most urgent areas in which the Committee on the Rights of the Child considers that Panamanian legislation does not respect the principles and provisions of the Convention are economic exploitation and child labour. In its 2011 observations, the Committee noted that the Constitution sets the minimum age for entry into employment at 14 years and that the State may issue permits to allow children between the ages of 12 and 14 to work in agriculture and domestic services. The Committee recommended that the State party review its legislation in this area and bring it into conformity with the Convention.

Juvenile justice is another broad area in which the Committee has expressed serious concern. The committee criticized the State`s lowering of the age of criminal responsibility from 14 to 12 and the lack of systematic inspections of prisons. Particular concern was expressed about the deaths of a number of children detained in fires, and the Committee called upon the State to investigate such incidents and, where appropriate, prosecute those responsible. CRC also expressed concern about the legal age of marriage, which it considers both discriminatory and too low. From 2011, girls may marry at 14 and boys at 16: the Committee recommends that the minimum age for marriage be set at 18, regardless of gender. At the time of the submission of Panama`s report to the Committee on the Rights of the Child in 2011, a comprehensive law on children had been submitted to Congress, but it had not yet entered into force.