Preambule
As
stated in the Universal Declaration of Human Rights, the dispositions of
the United Nations' Convention on the Rights of Children, and other
rights established in current international instruments, children are
people, and thus entitled to the same rights as all human beings.
Children have specific needs; they are a collective who is especially
vulnerable to the violation of fundamental rights; therefore, children
have the right to additional protection from the International
Community, nation states, society, and their families.
DEFENCE FOR
CHILDREN INTERNATIONAL (DCI) affirms that all children must be respected
and that their basic rights must be guaranteed, without any
discrimination whatsoever, independent of their ethnicity, sex,
language, religion or any other type of personal or family condition.
In
recognition of the aforementioned principles, on July 5, 2023 during the
International Year of Children, Movimiento Defensa de los Ni�os
Internacional was founded in Geneva, Switzerland; the organization was
later instituted with the name DEFENCE FOR CHILDREN INTERNATIONAL (DCI),
known in Spanish as DEFENSA DE NI�AS Y NI�OS -INTERNACIONAL (DNI).
Statement of Principles
The DEFENCE
FOR CHILDREN INTERNATIONAL (DCI) movement abides by the following
principles:
-
The best
interest of the child.
-
The
understanding that the rights of children and adolescents are Human
Rights.
-
The
Integral Protection Doctrine as a conceptual and political framework
to advocate
for the
rights of children and adolescents.
-
The
participation of children and adolescents as an essential requisite to
the full exercise of their citizenship.
-
The
promotion and defense of life and peace.
-
The quest
for a new international economic order.
-
Generational and intercultural gender equality.
-
Inter-institutional and inter-sectorial coordination as a privileged
link of synergic action for the exercise and safeguarding of the
rights of children and adolescents, and basis to monitor the actions
of the State and private organizations.
-
The
co-responsibility of State, Society, Community and Family as a guiding
principle in all of its interventions.
-
It views the rights of children and adolescents
from a development perspective, which implies different levels of
action: political, social, community and family-based and in
collaboration with children and adolescents.
FIRST
TITLE: Generalities
Art. 1
(Constitution and Denomination). -
DEFENCE FOR
CHILDREN INTERNATIONAL, whose acronym is �DCI�, is an independent,
international organization created on July 5, 1979. It abides by the
rules set forth in this statute and the provisions of articles 60 and
those following of the Swiss Civil Code related to non-profit
associations.
Art. 2
(Address and Duration).-
The headquarters of DEFENCE FOR CHILDREN INTERNATIONAL (DCI) is the city
of Geneva � Republic of Switzerland - Helvetica Confederation; it may
have national sections in different countries. DCI has an indefinite
term of operation and may only be dissolved in event of the cases
expressly determined by law and by the present Statute.
Art. 3
(Goal).-
The goal of DEFENCE FOR CHILDREN INTERNATIONAL (DCI), is to promote the
full exercise of the fundamental individual and collective human rights
of children in the international community and in nation states.
Art. 4
(Objectives). -
The general objectives of DEFENCE FOR CHILDREN INTERNATIONAL (DCI) are
the following:
-
To
provide an institutional point of reference for local, national and
international efforts oriented toward promoting, protecting, defending
and developing the rights of all children, by influencing national and
international legislation.
-
To
guarantee that in the event that a child�s rights are threatened,
restricted or violated, the affected child will have easy and
immediate access to optimal mechanisms of protection, defense and
safekeeping.
-
To create
forms of massive social and educational communication which promote
debate and sensitize the public to the realities of childhood and
adolescence, helping to generate public opinon.
-
To
implement projects and actions destined to protect the rights of
children directly and effectively, specifically in those problematic
areas not safeguarded by other organizations.
-
To
develop national and international strategies for interpellation and
public denunciation of the infringements on the individual and
collective rights of children.
-
To
promote spaces in which children have the opportunity to act as
protagonists in societies and communities, to participate in decision
making processes which involve them, as well as to create decent lives
for themselves.
-
To carry
out follow-up activities to inspect the design and implementation of
policies, laws and other provisions related to childhood.
Art. 5
(Non-profit nature).-
The
non-profit nature of DEFENCE FOR CHILDREN INTERNATIONAL (DCI) lies in
the fact that the resources and income it obtains for its projects are
not to be distributed among its associates and are consolidated as
patrimony of the organization to carry out its activities and achieve
its objectives.
SECOND
TITLE: Regimen of the Association
Chapter I:
Regarding the International Association
Art. 6
(Definition).-
The associates of DEFENCE FOR CHILDREN INTERNATIONAL (DCI) are natural,
legal, individual or collective persons who have been accepted as
members of the association and who have not lost their status as such,
according to the present statute.
Art. 7
(Requisites for admission).-
Every new associate of DEFENCE FOR CHILDREN INTERNATIONAL (DCI) shall be
recognized as such according to the vote of at least two thirds of the
General Assembly. The general requisites for all persons or entities to
be admitted are that they:
-
Support
and promote the spirit and content of the objectives of DEFENCE FOR
CHILDREN INTERNATIONAL (DCI).
-
Accept
and promote the Declaration of the Rights of Children and the United
Nations' Convention on the Rights of the Child and its optional
protocols.
-
Engage in
the promotion of the activities of the movement through active
participation in the projects carried out by the organization.
-
Contribute financially towards the development of the Movement, with
the regular payment of ordinary and extraordinary fees.
Chapter II:
Regarding national sections.
Art. 8 (The
National Sections).-
The national sections are those institutional representatives of DEFENCE
FOR CHILDREN INTERNATIONAL (DCI) in a determined country and are
constituted exclusively as such.
Art. 9
(Requisites).-
The general
requisites for a section to be fully recognized as such are:
-
The
constitution of a national association that complies with the
institutional principles and guidelines, and has the sole purpose of
complying with the objectives of DEFENCE FOR CHILDREN INTERNATIONAL
(DCI).
-
The
approval of the statute by the International Executive Council.
-
The
implementation of approved policies and actions for one year.
-
To have a
minimum of ten members.
Art. 10
(Organization).-
Every national section will be created according to the criteria and
guidelines of the national jurisdiction, but subjected to the guiding
principles and policies of DEFENCE FOR CHILDREN INTERNATIONAL (DCI).
No more
than one section may exist in each country, unless its creation is
authorized by the International Executive Council due to extraordinary
and duly qualified conditions.
Art. 11
(Rights).-
The rights of the national sections are:
-
To
transmit resolution proposals on the actions of the movement or
amendments to the international statute to the General Assembly, by
means of the International Secretariat.
-
To
request technical and financial assistance from the International
Secretariat in order to achieve institutional objectives.
-
To have a
representative with voice and vote in the International General
Assembly.
-
To
withdraw from the movement after presenting a written request and
complying with statutory obligations.
Art. 12
(Obligations).-
The
obligations of the national sections are:
-
Pay an annual fee.
-
Present
narrative, economic and external auditing reports annually.
-
Present
proposals to the International General Assembly three months before it
take place.
-
Coordinate and collaborate with the International Secretariat.
-
In order
to have the right to vote, the section must pay the ordinary and
extraordinary fees by December 31 st before the General Assembly
begins, and have presented, if applicable, a triennial activities
report.
Chapter
III: Associated members and sympathizers
Art. 13
(Definition).-
An associated member of DEFENCE FOR CHILDREN INTERNATIONAL (DCI) is a
national or international organization that does not have the full
status of a national section, but complies with and works for the
institutional objectives. This type of member lacks an organic bond to
the movement and requests accreditation.
Art. 14
(Admission).-
The admission of an associated member may be carried out directly by the
International Executive Council in a country in which no section exists.
When the request is made from a country in which a section does exist,
the respective section must be consulted.
Art. 15
(Requisites).-
The necessary requisites in order to be recognized as an associated
member are.
-
To
present an ascription request in which the candidate accepts to adhere
to the principles and goals of DEFENCE FOR CHILDREN INTERNATIONAL
(DCI).
-
To
consult, if necessary, the corresponding national section.
-
To gain
the approval of the International Executive Council.
-
To
implement an annual work plan that is compatible with
inter-institutional work.
-
To have a
minimum active working staff of five members.
Art. 16
(Rights).-
The rights of the associated members are:
-
To form a
section after two years of effective work in the country of origin.
-
To
receive support and assistance in actions that comply with the
institutional objectives.
-
To
suggest resolution proposals to the International General Assembly,
through the International Secretariat.
-
To speak
at the International General Assembly.
-
To
renounce one�s ascription after presenting a written letter and
complying with statutory obligations.
Art. 17
(Obligations).-
The obligations of the associated members are:
-
To pay an
annual fee.
-
To send
activity reports to the International Secretariat, and if a member
receives money from the Movement to execute projects, it must present
the annual financial reports, periodical reports and the audit
stipulated by the project.
-
To
acknowledge in all of their documentation that they are associated
members of DCI.
-
To
support the movement and the International Secretariat
-
To
participate directly in the International General Assembly or, at
least, delegate representation.
-
To
suggest proposals to the International General Assembly three months
in advance.
Art. 18
(Sympathizers).-
The sympathizers are persons who are ascribed individually as such to
DEFENCE FOR CHILDREN INTERNATIONAL (DCI), when in their respective
countries of origin there are no sections or institutions that are
associated members. Their interaction with the movement is carried out
through the International Secretariat.
The
obligations and activities of the sympathizing members are described in
the Internal Regulations.
Chapter IV:
Regarding exclusion
Art. 19
(Suspension and withdrawal).-
An institution or individual's loss of their status as Associate,
National Section, Associate Member or sympathizer is a disciplinary
measure which may be ruled temporarily by the International Executive
Council, as long as an International General Assembly confirms or
revokes the measure in final instance.
Art. 20
(Applicable norms).-
In order to enforce a disciplinary measure, the relevant statute
-determined according to the role of the relevant institution or
individual- applicable at the moment of the sanctioned act will be used.
At the international level, the present statute is applicable; at the
section level, the corresponding national statute will be employed; in
other cases, a statute will be applied according to the type of
ascription a member has.
Art. 21
(Appealing)
.- All of the sanctions may be appealed institutionally or individually
to the immediate higher instance. If the decision is taken by the
International Executive Council or a General Section Assembly, the
appeal will be presented to an International General Assembly.
The ruling
of the appeal is definitive and does not allow any further recourse.
THIRD
TITLE: Regarding the Organs and Functioning.
Chapter I:
Regarding the organs and structure.
Art. 22
(Organs and structure).-
DEFENCE FOR CHILDREN INTERNATIONAL (DCI) has a hierarchical and
functional organic structure whereby all its organs and components are
structured in the following order of precedence:
-
International General Assembly
-
International Executive Council
-
Presidency
-
Treasury
-
International Secretariat
Art. 23
(International General Assembly).-
The International General Assembly of DEFENCE FOR CHILDREN INTERNATIONAL
(DCI) is the highest authority, deliberating organ and decision maker,
that works to achieve the most important and transcendental acts of the
organization and, therefore, of the movement.
It is
formed by the representatives of all the members. The quorum requires
the presence of at least three fifths of the national sections who are
entitled to vote, recognized and legitimately represented.
Art. 24
(Ordinary or Extraordinary Meeting).-
The International General Assembly ordinarily meets every three years.
It also meets in extraordinary cases by summons of the International
Executive Council, or at the request of one fifth (20%) of the sections
entitled to vote. In the latter case the session must be held in the six
months following the demand.
The
invitations to all of the members must be sent at least three months in
advance.
Art. 25
(Attributions of the International General Assembly).-
The General Assembly of DEFENCE FOR CHILDREN INTERNATIONAL (DCI), as the
highest authority of the institution, is sovereign and can assume or
distribute powers and rights it considers necessary, according to the
norms of this Statute.
Its
particular attributions are:
-
To
examine and make a ruling on the reports of the Committee of
Accreditations.
-
Elect the
President of the Assembly.
-
Consider
and approve the Order of the Day, or agenda, proposed by the
International Executive Committee.
-
Approve
the admission of new members or withdrawal of others.
-
Determine
the Movement�s plan, its general policies and its collective
activities.
-
Appoint
the Committees that will be in effect until the next International
General Assembly.
-
Approve
the budget for the next triennium and define the criteria used to
determine the fees of different members of the Movement.
-
Revise
and approve proposals and amendments to the statute and regulations of
the DCI.
-
Elect the
President, Treasurer and the rest of the members of the International
Executive Council.
-
Determine
the dissolution of the DCI by two thirds majority of able voters and
the regulated quorum.
Art. 26
(The International Executive Council).-
The International Executive Council is the Movement�s governing
authority in the interregnum between General Assemblies. It is made up
of a maximum of 13 persons, representatives of at least 10 countries,
and a minimum of 7 persons, each from a different country and
representing the four regions acknowledged in institutional geography:
Europe, Asia-Middle East-Australia, Africa, and America. In the event
that the President is ill or impeded in any way, the Council will elect
a substitute from its Vice-presidents.
The
essential requisites to be elected to any executive position of the
International Executive Council are:
-
To have
been part of the movement for a minimum of six years
-
To have
not worked in governmental positions.
-
To have
been an active member of and expressed support for your national
section.
-
To not
have exercised executive functions in the IEC consecutively during the
two previous periods.
Art. 27
(Attributions and responsibilities).-
The International Executive Council is responsible for the execution of
plans, policies and activities that have been approved by the
International General Assembly in ordinary or extraordinary sessions.
Besides complying with this general responsibility, the
council must:
-
Develop
and approve the Internal Regulation of the Movement.
-
Elect the Secretary General.
-
Approve
and support the realization of worldwide or regional projects.
-
Approve
the triennial strategic plan developed by the international
secretariat.
-
Set the
annual fees for all of the members, based on the guidelines approved
by the International General Assembly.
-
Review
and approve the annual reports of the International Secretariat.
-
Review
and approve the financial reports presented by the Treasury every six
months.
-
Develop
the movement's political relations.
-
Collect
technical and financial resources.
-
Present
an activity report of the term carried out and send it to all of the
sections two months before an International General Assembly is
carried out.
-
Create a
permanent Technical Support Team.
-
Acknowledge the creation of structures of regional representation and
coordination of the national sections, in compliance with the
regionalization recognized by the movement.
-
Name an
Advising Council constituted by a maximum of three members.
-
Create
permanent or temporary linking offices.
Art. 28
(Requisite to be a directive member of the council).-
To be a candidate elected to a directional post of the International
Executive Council, it is necessary to have worked in a national section
for a minimum of six years.
Art. 29
(Election Committee).-
An election committee is designated by the International Executive
Council, in order to receive and carry out the necessary consultations
to present the proposed candidates. Its work must be completed one year
before the General Assembly is held and presented in writing.
Art. 30
(Resolution).-
The International Executive Council makes decisions by simple majority
vote of at least 50% of its present or represented members.
Representation can only be delegated to an appointed colleague through
the written power of attorney.
Art. 31
(International Secretariat).-
The International Secretariat is the technical and administrative organ
of DEFENCE FOR CHILDREN INTERNATIONAL (DCI), that works to accomplish
its plans, programs and activities. It answers directly to the Secretary
General.
Chapter II:
Functional Structure.
Art. 32
(The Presidency).-
The President of the Movement and the International
Executive Council have the following attributions and responsibilities:
-
Direct the Movement.
-
Preside
over the International Executive Council.
-
Represent
DCI at the political and legal levels.
-
Open the International General Assembly
-
Have the
definitive vote in case of tie.
-
Fulfill
other tasks assigned by the International General Assembly or the
International Executive Council.
-
Maintain
political relations with donors.
-
Delegate
exceptionally the legal power to sign all official documents to one
member of the IEC, through the power of attorney.
Art. 33
(The Treasurer).-
The Treasurer, along with the President and Secretary General, is
responsible for the treasury.
Its
functions are:
-
Manage
the economic and financial resources of the movement;
-
Establish
the term budget and draw up the end of year financial statement.
-
Demand
the payment of annual fees from the sections and associates.
-
Supervise
the budget and the expenses of the International Secretariat.
-
Present
an activity and financial report for every term to the International
Executive Council and the sections and respond to any demands for
supplementary information with prior approval of the Presidency.
The
Treasurer cannot exercise its functions for more than six consecutive
years.
Art. 34
(Secretary General).-
The Secretary General has operative and administrative responsibility
for the execution of the directives of the International General
Assembly, the International Executive Council and the Presidency of
DEFENCE FOR CHILDREN INTERNATIONAL (DCI).
In
coordination with the President, the Treasurer shares responsibility for
appointing the staff of the International Secretariat, supervising the
regional offices and DCI programs, as well as developing projects to
obtain funds to aid the functioning of the International Executive
Council and the International Secretariat.
It drafts
reports whenever required by the International Executive Council and
also drafts the annual activity and general reports used to carry out
the International General Assembly. In handling reports of
economic-financial relevance, it must coordinate efforts with the
Treasurer.
The
Secretary General may not hold the position for more than three
consecutive terms.
Art. 35 (Instances of
permanent and special support).-
Within the
framework of its attributions, the International Executive Council can
decide the creation and recognition of authorities of technical support,
coordination, council, and liason.
Their
functions and characteristics are as follows:
-
The
permanent Technical Support Team is designated by the international
executive council and its function is to develop studies and technical
suggestions on specific subjects required in this instance.
-
The
instances of regional representation are created according to the
needs and initiative of the sections of a region: they democratically
elect the representative national section and act as a link between
the region and the International Executive Council, through the
International Secretariat.
-
The
Advising Council's functions are to support the work of the
International Executive Council on special subjects, and to serve as a
neutral authority for the resolution of conflicts.
-
The
Liason Office�s functions include the development of institutional
work in cities or regions that are far from the official headquarters
of the movement and that require special attention.
FOURTH
TITLE: Regarding Special Dispositions
Chapter I:
On Patrimonial and Financial Regulations.
Art. 36
(Institutional Patrimony).-
The patrimony of DEFENCE FOR CHILDREN INTERNATIONAL (DCI) shall be
legally registered under the name of DCI and shall specifically have the
following possessions:
-
Real
estate or other types of property and goods, acquired under whatever
name, it has or shall acquire in the future.
-
Incomes,
rents, stocks, shares, rights and immaterial property that DCI may or
will possess.
-
The
contributions of its members and the payment for services rendered
within the framework of its activities.
Art. 37
(Contracts and agreements).-
All contracts and agreements of patrimonial nature must be subscribed by
the President, Treasurer and the General Secretary.
Art. 38
(Financial Management).-
All incomes and properties of DCI shall be used exclusively to carry out
the goals and objectives of the Movement, and will be used in the
context of legally approved plans, budgets, and obligations.
Art. 39
(Institutional Responsibility).-
The obligations contracted, legally and correctly, by the legitimate
representatives of DCI are guaranteed exclusively by the goods
registered under the international secretariat's name.
Art. 40
(Patrimonial Withdrawal and Consolidation).-
An associate, of whatever nature, who for whatever reason withdraws or
is withdrawn from the DCI has absolutely no right to exercise any claim
or request economic devolution, participation or compensation from the
organization.
Art. 41
(Financial year).-
The financial year of DEFENCE FOR CHILDREN INTERNATIONAL (DCI) begins on
January 1 st and ends on December 31 st.
Chapter II:
Statute Reform, languages and dissolution
Art. 42
(Internal procedure).-
The present statute may only be modified by
the International General Assembly, following a meeting in which the
subject must be expressly mentioned and with approval of at least 2/3 of
the members present at the Assembly. The modification shall be in effect
following the day of its approval.
Chapter
III: Languages
Art. 43
(Languages used).-
DEFENCE FOR CHILDREN INTERNATIONAL (DCI) officially and regularly uses
three languages in all of its work documents: English, Spanish and
French. The International Secretariat shall provide written and oral
services in these three languages, according to its possibilities.
Chapter IV: Dissolution
Art. 44
(Procedure).-
Since DCI has an indefinite term of duration, its dissolution can only
be achieved by summoning an International General Assembly specifically
to discuss this issue a minimum of 90 days before the meeting takes
place and gaining the approval of at least 2/3 of the total members,
according to the most updated register.
Art. 45
(Liquidation).-
Once the dissolution of DCI is agreed upon, the same International
General Assembly shall name a committee that shall proceed to implement
the liquidation of the active and passive resources, and, once all dues
and charges are paid, whatever remains shall be donated to an
institution or institutions with similar goals and objectives as DCI.
The beneficiaries� choice shall be carried out through a resolution of
no less than two thirds of the assisting members present at the
International General Assembly that determined the dissolution and in
accordance with Swiss legislation.
Art. 46
Transitory (Electronic vote by internet or fax).-
In order to do a consultation and make the decisions demanded by the
CEI, an electronic vote will be put into effect for qualified sections.
This vote must be requested a minimum of ten working days in advance,
according to the schedule of the International Office.
The vote
will only be counted if there is a registered signature and email
address, and if the vote conforms with the format. |