Juvenile Laws at El Salvador
El Salvador's juvenile justice system has undergone significant changes in recent years, shifting from a rehabilitative approach to a more punitive model.
Recent Legal Reforms:
Increased Penalties: Amendments to the Juvenile Criminal Law now impose prison sentences of up to 10 years for children aged 12 to 15 involved in "gang association" and up to 20 years for those aged 16 to 18. These measures have been criticized for conflicting with international standards, which recommend that the minimum age of criminal responsibility should not be reduced under any circumstances.
Transfer to Adult Facilities: Legislation passed in February 2025 allows adolescents convicted of organized crime offenses to be transferred to adult prisons. This move has raised serious concerns, as adult facilities are often associated with overcrowding, inadequate conditions, and exposure to violence.
Human Rights Concerns:
Arbitrary Detentions: Since the declaration of a state of emergency in March 2022, over 3,000 children and adolescents have been detained, many without clear evidence of criminal activity. Reports indicate that some detentions are based on physical appearance or socioeconomic status rather than concrete proof.
Conditions of Detention: Detained minors often face overcrowding, inadequate nutrition, lack of medical care, and limited contact with family members. There are also reports of physical abuse and, in some cases, torture.
Legal Protections: The recent reforms have removed certain legal safeguards, such as the requirement to house minors in facilities separate from adults and access to parole. This raises concerns about El Salvador's compliance with international conventions, including the Convention on the Rights of the Child.
International Response:
Human rights organizations, including Human Rights Watch and Amnesty International, have condemned these developments. They argue that the reforms violate international juvenile justice standards and expose minors to potential abuse within the adult prison system. Calls have been made for El Salvador to reverse these changes and ensure that its juvenile justice system aligns with international human rights obligations.
In summary, El Salvador's recent legislative changes have significantly altered the juvenile justice landscape, shifting towards more punitive measures. These changes have raised serious human rights concerns, particularly regarding the treatment of minors within the adult prison system.
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