Kara Sears
Guatemala is a civil law country, where legislation is the primary source of law, especially through codification. In Guatemala, laws are only valid once the complete enactment procedure is followed, and they come into force once they are published in the Official Gazette. One example of civil law in Guatemala is the Civil Code of 1973, which allows a man and woman to enter into a de facto union (similar to common law marriage) after living together continuously for three years, by declaring their union before a mayor or notary.
| Characteristics | Values |
|---|---|
| Type of Law | Civil law |
| Primary Source of Law | Legislation, especially through codification |
| Validity of Laws | Valid once the complete enactment procedure is followed and come into force once published in the Official Gazette |
| Enactment of Laws | Requires a presentation and three readings by Congress in three separate sessions |
| Common-Law Marriage | Recognized as de facto union in Article 48 of the Political Constitution |
| De Facto Union | A man and a woman may enter into a de facto union after living together continuously for three years by declaring their union before a mayor or notary |
| Registration | The marriage must be registered with the Office of the Civil Registry |
| Rights and Obligations | Both spouses are subject to the rights and obligations of spouses during marriage |
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What You'll Learn
- Guatemala is a civil law country
- Common-law marriages are recognised in Guatemala
- The Guatemalan Constitution provides for equal treatment of all children
- The Civil Service Law governs relations between the government and its employees
- Rule of law development is important to combat corruption and poverty
Guatemala is a civil law country
The Guatemalan Constitution provides for the equal treatment of all children, regardless of the situation of their parents at the time of birth. The Civil Code of 1973 also allows for a man and a woman to enter into a de facto union, similar to common law marriage, after living together continuously for three years. This union is formalised by declaring their union before a mayor or notary and registering with the Office of the Civil Registry.
The Civil Service Law, or decree 1748 of Congress, governs the general relations between the administrative government and its employees. Foreign Affairs servants and Judiciary officers are subject to specific Civil Service Laws. Autonomous decentralised state organs, such as the Guatemalan Institute of Social Security and the Guatemalan Institute of Tourism, are governed by their own constitutive regulations.
The Civil Procedure Code is also referenced in Guatemalan law. It outlines the process for valuing expropriated property when the state and the expropriated person cannot agree on compensation.
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Common-law marriages are recognised in Guatemala
Guatemala is a civil law country, which means that legislation is seen as the primary source of law, especially through codification. However, common-law marriages are also recognised in Guatemala. Common-law marriages, also known as de facto marriages, are often seen in rural communities, where statistics are not tracked. In the past, girls as young as 14 could legally marry with parental consent, but this has changed in recent years.
Guatemala has made efforts to address forced marriages and gender-based violence by enacting reforms to its legal code and launching programs. For instance, it has suspended Article 200 of the Penal Code, which allowed a rapist to escape prosecution by marrying the victim. This encouraged the practice of forcing victims into marriage. The country has also put in place laws to protect women and girls from domestic abuse, although enforcement of these laws is often lacking.
The U.S. State Department assists U.S. citizens who are victims of forced marriage in Guatemala with replacement travel documents and return travel to the United States. Common-law marriages are recognised by the United States Bureau of Citizenship and Immigration Services.
While Guatemala has made strides in addressing forced marriage, legal barriers remain in place that make it difficult to prosecute sexual crimes against women. For example, women can "forgive" their attackers, which may place them at risk of duress and coercion to protect their attackers from prosecution.
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The Guatemalan Constitution provides for equal treatment of all children
Guatemala is a civil law country, which means that legislation is seen as the primary source of law. In 1985, the country came under democratic rule for the first time. However, Guatemala has a long history of civil conflict and political unrest, which has resulted in widespread poverty, malnutrition, and violence. This has had a significant impact on the lives of children in the country.
The Guatemalan Constitution is meant to provide for the equal treatment of all children. However, in practice, there are several issues that hinder this. Firstly, there is a lack of access to quality education for many children, especially those from marginalized communities such as indigenous children, girls, and children living in rural areas. While public education is free up to grade six, there is a shortage of primary and secondary schools across the country. The government's failure to provide textbooks and adequate funding for public schools further exacerbates the problem. As a result, over 70% of secondary schools in Guatemala are private, requiring families to pay tuition fees that may be unaffordable for low-income families.
The impact of this lack of access to education is evident in the high rates of child malnutrition in Guatemala. According to the World Food Programme (WFP), nearly half of all Guatemalan children under the age of five suffer from chronic malnutrition, with indigenous children being twice as likely to be affected. This is partly due to the fact that large agricultural enterprises prioritize export crops over subsistence agriculture, leading to a lack of accessible, nutritious food for many families.
Compounding these issues is the prevalence of violence and exploitation directed at children. Despite constitutional protections, children's rights are often not prioritized by the government, leaving them vulnerable to forced labor, abuse, and other forms of exploitation. Trade unionists and labor lawyers who advocate for workers' rights are frequently targeted by security forces, creating a climate of fear and further undermining the protection of children's rights.
Guatemala has committed to several international instruments for the protection of children's rights, including the Convention on the Rights of the Child (CRC) and the Inter-American Convention on the Prevention, Punishment, and Eradication of Violence against Women (Belém do Pará Convention). However, the implementation and enforcement of these protections remain challenging due to the country's political and socioeconomic context.
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The Civil Service Law governs relations between the government and its employees
Guatemala is a civil law country, where legislation is the primary source of law. In Guatemala, laws are only valid once they have been enacted and published in the Official Gazette. The process for enacting laws involves a presentation and three readings by Congress in three separate sessions.
The Civil Service Law, decree 1748 of Congress, governs the general relations between the administrative government and its employees. Foreign Affairs servants and Judiciary officers have their own specific Civil Service Laws. For autonomous decentralized state organs, such as the Guatemalan Institute of Social Security and the Guatemalan Institute of Tourism, their relations are governed by their own constitutive regulations.
Disputes within the administrative realm must go through the appropriate remedies before a case can be presented before a judge. The Contentious-Administrative Tribunal is empowered to hear litigation deriving from acts or resolutions made by the public administration, municipalities, and decentralized or semi-autonomous entities. This tribunal also handles cases of claims based on contracts or concessions of an administrative nature.
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Rule of law development is important to combat corruption and poverty
Guatemala is a civil law country, where legislation is the primary source of law. The rule of law is a principle of governance where all persons, institutions, and entities, including the state, are accountable to the same publicly promulgated, equally enforced, and independently adjudicated laws.
The rule of law is essential for sustainable and inclusive economic growth, sustainable development, and the eradication of poverty and hunger. It is foundational to people's access to public services, curbing corruption, and restraining the abuse of power. It also provides a social contract between people and the state.
Corruption is a significant social issue that erodes trust in public institutions, impedes economic development, and negatively impacts human rights, particularly for marginalized and disadvantaged groups. It also disproportionately affects women, children, and people living in poverty, hindering their access to basic social rights such as healthcare, housing, and education.
The development of inclusive and accountable justice systems, along with rule of law reforms, is crucial to providing quality services to people and building trust in the government. Legal empowerment, beyond just providing legal remedies, supports better economic opportunities and empowers individuals and communities to defend their rights.
To combat corruption, the Council of Europe has developed anti-corruption legal standards, with the Group of States against Corruption (GRECO) overseeing their implementation. The United Nations Convention against Corruption (UNCAC) also provides preventive measures, criminalization, law enforcement, international cooperation, and technical assistance to address corruption globally.
In summary, the rule of law development is vital to combating corruption and poverty. It empowers individuals and communities, ensures access to justice and social services, and builds trust in the government, thereby promoting sustainable development and reducing economic and social disparities.
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Frequently asked questions
Guatemala is a civil law country.
In Guatemala, legislation is seen as the primary source of law, especially through codification.
The process for enacting laws in Guatemala involves a presentation and three readings by Congress in three separate sessions.
Guatemala recognizes a similar concept called "de facto union," which is outlined in Article 48 of its Political Constitution. A man and a woman may enter into a de facto union after living together continuously for three years by declaring their union before a mayor or notary.
Once the de facto union is registered with the Office of the Civil Registry, the couple is subject to the rights and obligations of spouses during marriage.
