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OEA/Ser.L/V/II.
Doc. 78
13 July 2011
Original:
Spanish
JUVENILE JUSTICE
AND HUMAN RIGHTS IN THE AMERICAS
(pdf. version)
TABLE OF CONTENTS
EXECUTIVE SUMMARY
I. INTRODUCTION
II. THE
JUVENILE JUSTICE SYSTEM
A. Corpus
Juris
of the Human Rights of Children and Adolescents
B. The
Best Interests of the Child and the Juvenile Justice System
C. The
Objectives of Juvenile Justice
D. Age-Based
Criteria for Holding Children and Adolescents Responsible for
Violations of Criminal Law
1. Upper
Age-limit at which Children and Adolescents are Held Criminally
Responsible under the Juvenile Justice System
2. Minimum Age
at which Children and Adolescents are Held Criminally Responsible
under the Juvenile Justice System
E. General
Principles of the Juvenile Justice System
1. The
Principle of Legality in Juvenile Justice
2. The
Principle of Last Resort
3. The
Principle of Specialization
4. The
Principle of Equality and non-Discrimination
5. The
Principle of non-Regressivity
F. Guarantees
in the Juvenile Justice System
1. A
Competent Judge
2. The
Presumption of Innocence
3. The
Right of Defense
4. The
Principle of Rebuttal
5. The
Right to be Heard and to Participate in the Proceedings
6. The
Participation of Parents or Guardians in the Process
7. The
Public Nature of the Proceedings and Respect for Privacy
8. Duration
of the Process
9. Double
Instance and the Right of Appeal
10. Non
bis in idem and res
judicata
11. Recidivism
within the Criminal Justice System and for the Purposes of the
Regular Criminal Justice System
12. Criminal
Records within the Juvenile Criminal Justice System
G. Alternatives
to Adjudication of Cases of Children and Adolescents who Violate
Criminal Laws
1. Dismissal
of the Case
2. Alternative
Means of Resolving Controversies
3. Participation
in Diversion Programs or Services
III. PRECAUTIONARY
MEASURES FOR CHILDREN AND ADOLESCENTS ACCUSED
OF VIOLATING CRIMINAL LAW
A. Limits
that the Police Must Observe when Dealing with Children and
Adolescents Accused of Violating Criminal Law
B. Non-Custodial
Precautionary Measures
C. Custodial
Precautionary Measures
1. Preventive
Detention as a Last Resort
2. The
Duration of Preventive Detention
3. The
Periodic Review of Preventive Detention
4. The
Rights of Children and Adolescents in Preventive Detention
IV. CUSTODIAL
AND NON-CUSTODIAL MEASURES IN THE CASE OF CHILDREN AND ADOLESCENTS HELD
RESPONSIBLE FOR VIOLATING CRIMINAL LAWS
A. Alternatives
to the Deprivation of Liberty
B. Custodial
Measures
1. Limits on
Deprivation of Liberty
a. Custodial Measures as a Last Resort
b. Proportionality of Custodial Measures
c. The
Duration of Custodial Measures
d. The
Periodic Review of Custodial Measures
e. Contact
with Family and Community
2. The
Criteria for Classifying Children and Adolescents Deprived of their
Liberty
a. Separation from Adults
b. Segregation by Sex
c. The
Situation of those who Attain their Majority
d. The
Situation of Children and Adolescents with Ties to Maras
and Gangs
3. The
Human Rights of Children and Adolescents Deprived of their Liberty
a. The
Right to Life and Physical Integrity
b. The
Right to Food
c. The
Right to Physical and Mental Health
d. The
Right to Education
e. The
Right to Recreation
4. The
Detention Conditions of Children and Adolescents
Deprived of their Liberty
5. Disciplinary
Sanctions in the Case of Children and Adolescents Deprived of their
Liberty
C. Post-Confinement
Measures
V. SUPERVISION,
MONITORING, INVESTIGATION AND SANCTION
MECHANISMS
A. Systems
for Compiling Information and for Formulating a Juvenile Justice
Policy
B. Mechanisms
for Supervising and Monitoring the Juvenile Justice System
C. Prevention,
Investigation, Prosecution, Punishment and Redress in Cases of
Violations of the Rights of Children and Adolescents Accused of
Violating the Law
VI. RECOMMENDATIONS
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