Juvenile Laws at Dominican Republic
The Dominican Republic's juvenile justice system is structured to protect minors' rights while addressing delinquent behavior.
Key Legal Framework:
Code of the Minor (1997): This legislation aims to safeguard minors' rights, aligning with the United Nations Convention on the Rights of the Child. It defines minors as children (birth to 12 years) and adolescents (13 to 17 years), with the age of majority at 18. The Code establishes juvenile courts, outlines procedures for handling infractions, and creates institutions like the Ombudsman for Minors to oversee minors' welfare.
Juvenile Justice Procedures:
Criminal Responsibility: Minors aged 13 and above are held criminally responsible. Those under 13 are not criminally liable; instead, protective measures are implemented, focusing on their well-being and development.
Detention and Treatment: The Code emphasizes rehabilitation, allowing for confinement in specialized facilities for up to two years. However, reports indicate that minors have been detained alongside adults in facilities like La Victoria prison, exposing them to risks such as abuse and inadequate conditions.
Challenges and Reforms:
Human Rights Concerns: There have been instances of minors facing torture and ill-treatment in detention. For example, reports from 2002 highlighted regular torture of child prisoners at Najayo youth prison, including solitary confinement and physical abuse. Despite some guards being reassigned, comprehensive accountability measures were lacking.
Ongoing Initiatives: Efforts are underway to enhance the juvenile justice system, focusing on human rights, social reintegration, and capacity building. Programs like "Line Up, Live Up" use sports-based life skills training to build resilience against crime and violence among youth.
In summary, while the Dominican Republic has established legal frameworks to protect minors and address juvenile delinquency, significant challenges persist in ensuring humane treatment, effective rehabilitation, and alignment with international standards. Continued reforms and vigilance are essential to uphold minors' rights within the justice system.
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