The situation
At the end of class, a fifth-grade primary student takes longer than usual to pack up her things. When the classroom empties, she comes over to your desk and says quietly: “Can I tell you something if you promise not to tell anyone?” You nod carefully and she tells you that at home “things are bad”, that an adult in the household “gets violent” when he comes in at night, and that she is afraid to go back today. She gives no further details and begs you not to call her family. The bell for the next block is about to ring. You are the first adult she has told.
◆ The comment on each course of action is generated by AI from this section’s legal framework, whose official texts are in Spanish. It orients you; always verify the article in the legal framework.
For whoever facilitates
Facilitator’s notes
The law protects the student first and, immediately after, the person who listens to her. Every teacher, public or private, with knowledge “or suspicion” of a situation of abuse is required to report it, and is “exempt from criminal and civil liability” for the information given in good faith (Art. 14, Ley 136-03 — the Code for the Protection of Children and Adolescents). Staying silent has the opposite consequence: failing to inform the authorities of ill-treatment of a child or adolescent is a criminal offence (Art. 325, Ley 74-25), and not even professional secrecy prevents the report (Art. 196, Ley 74-25). The violence at home she describes may amount to domestic violence (Art. 124, Ley 74-25). Option a is the protective route: listen without investigating, do not promise what cannot be delivered, and activate the internal channel; the Código de Ética (the MINERD code of ethics) requires abuse cases to be referred to the Ministerio Público (the public prosecution service) or CONANI (the National Council for Children and Adolescents) within a maximum of 24 hours (Art. 42, Orden Departamental 22/2023). Option b comes from affection, but absolute confidentiality is an impossible promise that leaves the girl alone with the risk. Options c and d are frequent mistakes: questioning contaminates an account that belongs to the specialists, and calling the family may expose her to the very person who frightens her. Question for the group: what exact words would we use so as not to promise silence without closing the door on trust?
The team’s commentary
Two readings of this scenario
Español — The Spanish version is the reference text — the legal verification described in the audit report was carried out on it.
Audit report — the independent legal review of this material, with the errors we found and corrected (page in Spanish).
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