The Constitution generally establishes that the child’s best interests must always prevail and the family, the State and the community are in charge of assisting and protecting children and adolescents throughout their growing years.

The Minor’s Code, on the other hand, provides ten principles, which include and regulate children and adolescents rights.   

The first principle states the main purpose of the Minor’s Code, which consist in ensure that children and adolescents residing in the Dominican Republic enjoy their fundamental rights as provided therein.

The second principle delimits the group that will be considered children and adolescents, when states that children are those individuals starting at birth until they reach 12 years of age. Adolescents, on the other hand, are those from 13 years of age until they reach the legal age (18 years old).

Following the above mentioned definition, we find the third principle, which establishes the presumption of minority, when there is any doubt whether a person is a child or adolescent, their minority should be presumed.

The fourth principle provides equity and non-discrimination, therefore, the rights and obligations provided in the Minor’s Code shall always be applied with respect to all minors regardless of their race, color, sex, age, languages, thoughts, conscience, religion, beliefs, culture, political opinion, economic position, social origin, disabilities, illness, birth, among others, so all children are equal before the law.

Fifth principle, defines the child’s best interests, which pursue that all decisions taken with respect of a child and in interpreting the provision of the Minors’ Code, the best interest of the minor must always be considered the priority. For such purposes, the following must be taken into consideration: (i) the opinion of the children and adolescents themselves; (ii) the need of balance between rights and guarantees of children and adolescents and the common good; (iii) the specific condition of children and adolescents as people in the process of growing; (iv) the indivisibility of human rights and the necessity of the existence of balance between the different groups of children and adolescents; (v) the need to prioritize the rights of children and adolescents in comparison to adults’ rights.

The sixth principle establishes that the state and society must assure that such fundamental rights are granted absolute priority accordingly.

The seventh principle establishes the general obligations of the state regarding protection of minors and adolescents. As per the provisions of the Minors’ Code, the Dominican State is in charge of ensuring the generation and enforcement of the policies, programs and proper assistance to enable families to assume their responsibilities and ensure their access to the programs and services created for such purposes.

Families’ obligations are established in the eighth principle. Besides the state, families play a fundamental role regarding the care of children and adolescents and they must assure them the exercise and enjoyment of their fundamental rights.  It is important to mention that both parents have common and equal responsibilities and obligations regarding the growth, care, education and integral protection of their children.

Accordingly, society is also fundamental in ensuring compliance and respect of children and adolescents’ rights as per is established in the ninth principle.

The tenth principle establishes that legal actions available to children and adolescents are gratuitous.  In this sense, all requests, petitions, lawsuits and other actions related to children and adolescents will be free of any charges and taxes. These principles shall prevail and govern all process related to children and adolescents.

Finally, these principles regulated the application of the dispositions of the Minor’s Code, with the purpose of granting children and adolescents’ rights.