Juvenile Laws at Aruba (Netherlands)
Aruba, as an autonomous country within the Kingdom of the Netherlands, has established a juvenile justice system that emphasizes rehabilitation and the protection of children's rights.
Legal Framework:
Juvenile Justice System: Established under the new Criminal Code adopted in 2012, Aruba's juvenile justice system offers a range of sanctions, including placement in juvenile detention centers and training orders. The implementation of this system necessitates specialized judges for juvenile cases, the separation of juveniles from adult offenders, training for all personnel involved with young offenders, and enhanced preventive measures to deter youth from engaging in criminal activities.
Judicial Authorities:
Court Structure: Aruba's judicial system comprises the Court of First Instance, which handles civil, administrative, and criminal cases, and the Joint Court of Justice, which serves as the appellate court for cases from Aruba, Curaçao, and Sint Maarten, as well as the Caribbean Netherlands' special municipalities.
Recent Developments:
Childcare Law Enactment: In September 2024, Aruba enacted the Childcare Law, aiming to enhance the safety and quality of care for children. This law establishes regulations for childcare centers, ensuring they meet specific standards and are officially registered, with over eighty centers complying as of 2023. The law also empowers the Department of Children and Youth (DMH) to oversee and enforce these standards.
Protection Code Implementation: Effective from April 1, 2021, the "Código di Proteccion" (Protection Code) was introduced to safeguard children facing unsafe situations. This step-by-step plan guides professionals working with children on identifying and responding to signs of insecurity, aiming to bring children to safety promptly. Developed with support from UNICEF Netherlands, the code has trained numerous professionals in its application.
Corporal Punishment:
Prohibition: As of 2016, Aruba amended its Civil Code to prohibit corporal punishment in all settings, including the home. Article 1:247 now explicitly forbids parents and others with parental authority from applying mental or physical violence or any other degrading treatment in the care and upbringing of children. This aligns with similar provisions in the Netherlands, reflecting Aruba's commitment to children's rights.
In summary, Aruba's juvenile justice system focuses on rehabilitation and the protection of children's rights, supported by a legal framework that includes specialized judicial processes, recent legislative reforms, and a commitment to preventing and addressing child abuse.
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