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an Eldis Resource

Guatemala juvenile justice report

Gaps between law and reality in Guatemala: protecting children and adolescents

Authors: B. Kolbay
Publisher: Consortium for Street Children , 2005

Full text of document

This report assesses the implementation of the Law of Integral Protection of Children and Adolescents in Guatemala one year since its promulgation. It looks at some aspects of how the new code is being implemented and identifies some of the gaps that still exist between what the code calls for and what is actually being implemented.

It finds that:

  • because of deficiencies in the criminal justice system of investigation of crimes once abuse of a minor has been reported, the victim is immediately removed from the home, rather than the abuser
  • the situation of homes of protection include girls being kept there against their will, and lack of adequate education
  • in spite of the new Code’s prohibition of prosecution of crimes of vagrancy, many homeless children are regularly harassed and abused by the national police
  • National Civilian Police (PNC) is seen to represent one of gravest threats to and violators of the rights of children in Guatemala, their actions include arbitrary arrest and detention of minors
  • Article 256 of the Code calls for the development of ‘Individual Plans’ for those youths convicted of a crime with the purpose of laying out an “educative project” of rehabilitating the young person. In many cases, however, Individual Plans are not being utilised
  • there is a lack of collaboration between the Criminal Justice System and NGOs working with youth
  • there is a lack of funding for programmes and institutions needed for the Protection of Children’s Rights and the Rehabilitation of Youth in conflict with the Penal Code
  • the police unit charged with investigating violation of children’s rights is understaffed and under funded.

Recommendations from the study include:

  • the National Commission on Children and Adolescents should immediately be formed and begin functioning
  • educational programs in the Homes of Protection should include a regular curriculum of Math, Science and Reading as well as other training and capacity building classes
  • all members of the National Civilian Police should receive training in the Law of Integral Protection of Children and Adolescents; candidates in the Police Academy should receive rigorous training in Human Rights and in the new Children’s code.