Dominican Teachers Union to Challenge Penal Code Articles

The Dominican Association of Teachers (ADP) is gearing up to challenge specific articles within the newly enacted Penal Code, citing concerns that they could undermine the teaching profession and subject educators to undue legal scrutiny. The union plans to file a legal recourse with the Constitutional Court in the coming days.

Eduardo Hidalgo, president of the ADP, explained that the organization specifically questions articles 121, 145, 146, 171, 173, 214, 309, 310, and 313. He stated that the application of these provisions within the educational context could weaken the authority of teachers and potentially lead to legal proceedings against them for actions related to their duty of care, supervision, or discipline of students.

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We are preparing a legal challenge that we will file in the coming days.

Hidalgo emphasized that while the ADP fully supports measures to protect children and adolescents, the Penal Code's provisions should not criminalize the teaching profession. "The ADP agrees that children should be protected, but the teaching profession cannot be criminalized; on the contrary, it must be strengthened," he asserted. The union previously submitted its observations on several articles to the committee working on the Penal Code project on July 15.

One of the primary concerns highlighted by the ADP involves articles related to harassment, sexual harassment, discrimination, and the abandonment of minors. Hidalgo specifically pointed to provisions that could apply to teachers acting within their professional responsibilities, such as those concerning the duty of vigilance or care. The union fears that the current wording could inadvertently penalize educators for actions taken in the course of their duties, creating a climate of fear and uncertainty.

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The ADP agrees that children should be protected, but the teaching profession cannot be criminalized; on the contrary, it must be strengthened.