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The
Inter-American Children’s Institute (hereinafter known as the
“IIN”), represented by its Director General, Lic. Alejandro Bonasso
Lenguas, and the Consejo Nacional de Protección Integral a la Niñez y la
Adolescencia (the National Council for the Integral Protection of Children
and Adolescents, hereinafter known as "CONAPINA”), represented by
its Executive Secretary, Lic. Amalia Frech, hereby sign the present
agreement, subject to the following clauses:
CONSIDERING:
Article
1.
That
the IIN is a Specialized Organization of the Organization of American
States, created by resolution of the Fourth Pan American Child Congress of
1924 and founded in 1927, to promote cooperation programs among countries
of the American Hemisphere addressed
to improve the situation of children, youth and the family in the health,
education, social, cultural and legal areas.
Article
2.
That,
for the IIN, it
is a priority to search for effective solutions to the problems affecting
children, and see to the full compliance with and effectiveness of the
International Convention on the Rights of the Child.
Article
3.
That,
since its foundation, the IIN has permanently carried out activities of
technical cooperation, information, dissemination and training on
different topics related to children in the Hemisphere, as well as joint
activities with other public and private institutions in the countries of
the inter-American system.
Article
4.
That,
as part of its Information Program, the IIN has developed a set of tools
intended to promote a culture of management based on reliable information,
encourage horizontal cooperation between countries, and build bridges to
make information an element for improving the living conditions of
children and adolescents.
Article
5.
That,
within its agreement with the Canadian International Development Agency
(CIDA), the IIN has developed a secure Internet Site, aimed at:
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Generating
spaces of comprehensive information that contribute to generating
processes of change in the living conditions of the children and
adolescents of the Americas;
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Making
it possible to coordinate the activities among organizations from
different countries, through mechanisms and work procedures relative to
the Site, in order to monitor and watch over the rights of children and
adolescents, with a special emphasis on situations involving more than one
country.
Article
6.
That
CONAPINA is a mandate stipulated by Article 62, Section II, Book II of the
Child and Adolescent Code, and was created by Law 351.
Article
7.
That
CONAPINA is the supreme governing body whose actions must comply with the
principles of the Best Interest of the Child, equality and
non-discrimination, protection, comprehensive education and participation
enshrined in the Convention on the Rights of the Child and the Child and
Adolescent Code.
By
virtue of the above, the PARTIES hereby agree to the following:
CLAUSE
1 – OBJECTIVES
The
objective of the present agreement is to establish the basis for the use
of the “Site for the Coordination of Activities for Children and
Adolescents” (hereinafter known as the “CA Site”).
The
CA Site aims to contribute to the resolution of situations such as:
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International
abduction of minors by one of their parents;
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Support
obligations of parents residing in different countries than their
children;
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Intercountry
adoption;
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Disappearance
of children and adolescents;
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Trafficking
of children and adolescents;
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Commercial
and non-commercial sexual exploitation of children and adolescents living
outside the country;
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All
situations in which the fundamental rights of children and adolescents are
violated and they are located in a different country than one of their
parents.
CLAUSE
2 – TERMS
Article
1.
The
IIN shall grant its specially developed user license for the CA Site to
CONAPINA, along with the related documentation.
Article
2.
The
IIN shall provide training and technical support for the proper operation
of the National Site Node (hereinafter known as the “Node”). The Node
is understood as the partner organization signing this agreement, which
will act as a nationally visible body for this international Site.
Article
3.
The
IIN shall authorize the Node to use all of the currently operational tools
developed by the IIN: the Legal Database (containing full-text legislation
on children, adolescents and the family); the OPD (Organizations, Projects
and Documents) Database; and the IIN’s website (www.iin.oea.org).
Article
4.
Through
the competent services of its Legal Program, the IIN shall provide
distance advisory services in writing to the CA Site’s participants, for
the resolution of cases involving international law. In this respect, the
IIN shall assume a role exclusively in the area of technical assistance
and provision of information, and shall refrain from becoming involved in
the power to resolve the cases handled, given that this power cannot be
delegated by the national authorities participating in the CA Site.
Article
5.
Through
the services of its Program for the Integral Promotion of Children’s
Rights, and at the request of the Node, the IIN shall provide training on
issues related to Children’s Rights and strategies for intervention in
cases of violations of rights.
Article
6.
The
IIN shall perform continuous evaluations of the CA Site’s operation,
taking the necessary corrective steps to attain the mutually agreed
objectives.
Article
7.
The
IIN agrees to use the individual information contained in the CA Site’s
databases exclusively for the purposes of the quality control of data.
Article
8.
The
IIN may use the CA Site’s statistical information for research,
promotion and teaching purposes, in coordination with the CA Site’s
partners.
Article
9.
The
CA Site shall be physically located in the Internet computer facilities at
the headquarters of the Organization of American States in Washington,
D.C., and shall have the characteristics of a Secure Site (https). To this
end, mechanisms of protection and security shall be used to provide a
maximum guarantee of the privacy and security of the data. Transmissions
shall be encrypted with a 128-bit protocol and the IIN’s connection for
maintenance purposes shall be in a VPN environment.
Article
10.
Those
who perform the maintenance, the corresponding backup, and all services
required of the server at the headquarters of the Organization of American
States in Washington D.C. shall not access the data administered by this
site.
Article
11.
The
IIN shall provide the Node with a single password and, in later phases,
the Node shall automatically assign the national user name and password
for the CA Site. The Node shall be responsible for the security of the
passwords.
Article
12.
The
IIN shall provide an operating guide for the Opening of a Case detected in
the country and another operating guide for the Acceptance of a Case
received from another country.
Article
13.
The
IIN shall provide the minimum equipment for the CA Site’s operation in
an Internet environment in the Node.
Article
14.
The
Node shall be responsible for the levels of local security in the handling
of information.
Article
15.
The
Node shall have the minimum human resources to ensure the operation of the
CA Site according to the attached guidelines. The Node and the
organization signing this Agreement shall be responsible for the
continuity of the services.
Article
16.
The
Node shall agree to enter and update the information pertaining to
children and adolescents within the objectives of the CA Site and in
accordance with legislation in force in the country.
Article
17.
The
Node shall be responsible for the operating budget that ensures the
minimum conditions of operation for the first twelve months of activity,
and shall guarantee the project‘s sustainability.
Article
18.
The
Node may install a set of nodes (either manually or using information
technology tools) all connected to the same Site, to facilitate the
capture of information and the resolution of cases in third-party
countries, according to the planning duly made by the Node.
Article
19.
The
Node agrees to enter the CA Site at least three times per day on working
days.
Article
20.
Within
its competencies and in accordance with the laws in force in the country,
the Node shall administer the information on children and adolescents from
the country, and under no circumstances shall it be authorized to handle
information on children and adolescents on which it cannot assume
competencies.
Article
21.
The
Node may promote research studies with the participation of the academic
sector, using exclusively data from the country and statistical data from
the Site; there shall be no access to information on the identity of those
involved.
Article
22.
The
revelation of information on the identity of children and adolescents from
third-party countries, and even the release of this information to the
public, may be done only in the best interest of the child and with the
authorization of the competent jurisdictional or administrative body.
Article
23.
The
IIN, the Nodes and the CA Site’s participants shall under no
circumstances be authorized to divulge the information handled by the CA
Site to third parties, with the exception of the data administered by a
Node and which involve children or adolescents in its own country, even if
they are in other countries.
CLAUSE
3 – FINAL PROVISIONS
The
present Agreement shall enter into force upon its signature by the
parties, and shall be effective for a period of 12 months; its first
renewal must be specifically agreed after valid evaluation.
This
Agreement may be rescinded in writing with 90 days’ notice. In the case
of rescission, the databases and the CA Site shall continue to be the
property of the IIN; however, the information on the children and
adolescents in the country involved in the CA Site must be definitively
deleted from the Site and delivered to the Node in electronic format.
IN
WITNESS WHEREOF, the representatives of both PARTIES, duly authorized for
this purpose, hereby sign the present agreement in two equally valid
copies on the 10th of July of the year 2003.
Amalia
Frech
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Alejandro
Bonasso
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Executive
Secretary of CONAPINA
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Director
General of the IIN
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The
Director General of the IIN signs this agreement on an ad referendum
basis, subject to the approval of the IIN Directing Council.
_______________________________________________________________________________________________________
Annex
CHARACTERISTICS
AND FUNCTIONS TO BE PERFORMED IN CONNECTION WITH THE BASIC HUMAN RESOURCES
NEEDED FOR THE CREATION OF THE AC SITE’S NATIONAL NODE
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He/she
should have a university degree.
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He/she
should have at least 5 years of experience in dealing with the issue
of children’s rights.
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He/she
should be absolutely trustworthy.
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He/she
should be capable of working in a situation where he/she would be
under considerable pressure.
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He/she
should be very discreet and willing to receive permanent training
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He/she
should have basic computing knowledge (Word, Excel, Powerpoint, and
Internet).
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(For
the initial phase this would not be a full-time task)
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He/she
would be in charge of detecting problems in his/her own country.
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He/she
would interact with the following: civil society, researchers,
decision-makers, organizations, judges, and children, among others.
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He/she
would stimulate and feed the Website by selecting the
information that would be added.
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He/she
would have a smooth relationship with the Central Coordinator in order
to meet any possible needs, or make changes concerning the
information.
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He/
she would carry out maintenance tasks and analyze the impact of the
tool.
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He/she
should suggest or contribute with ideas or experience for the Site’s
continuous improvement.
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He/she
should ensure continuous functioning of local services, even if the
site is not online.
Functions:
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Incorporation
of cases
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Monitoring
of the cases that he/she has been assigned and of those assigned to
others.
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Modifying
those cases assigned to others.
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Management
of those cases that have been assigned to him/her
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Stimulating
action from all the important participants who are directly involved
in the cases, with the purpose of ensuring the project’s
functioning.
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Studying
the evolution of the cases in order to create opportunities for
analysis, comparisons, and training, among other.
2.
An
assistant for research
Characteristics:
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He/she
should be an advanced student or have a university degree in a
discipline related to the social field.
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He/she
should have an inclination to perform teamwork
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He/she
should have experience in connection with interviewing
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He/she
should have basic computing knowledge (Word, Excel, Powerpoint and
Internet).
Responsibilities:
Functions:
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Ensuring
that the information is kept private and safe.
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He/she
would be in charge of generally managing, organizing and ensuring the
Site’s quality.
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He/she
would provide an adequate link between technology and its use by final
users.
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He/she
would administer, coordinate and facilitate functioning and
maintenance of the Site’s contents and global image. He/she would
also be in charge of providing training in order for the Site to
operate.
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He/she would
ensure the technical infrastructure’s functioning.
Functions:
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Developing
and directing the AC Site’s strategy
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Monitoring,
facilitating and coordinating the Site’s whole administrative policy
and its standards
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Defining
the characteristics and the training required for the Site’s
Superiors
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Monitoring
and coordinating the Site’s requirements
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Managing
and ensuring the fulfillment of those policies concerning access
control, safety and privacy.
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Managing
all those tools that enable Superiors and the Web Master to maintain
and update the Site’s contents.
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Reading
and taking the necessary measures in connection with the mail received
by the Superiors and the Web Master
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Monitoring
the resource assigned to the AC Site’s platform
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Monitoring
the Site’s technical requirements
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Administering
the Web Master’s tasks
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Providing
support and technical consultation for the Superiors and the
Coordinator
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Providing
safe interfaces with the Site’s Databases
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Implementing
and monitoring the Site’s activities through the use of tools such
as packet sniffers, system’s logs, audit logs, network monitor
alerts and performance alerts
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