Under the UNCRC, States have specific
obligations towards children involved in the criminal justice system:
deprivation of liberty should be a last resort and for the shortest period of
time (article 37), and must focus on rehabilitation and reintegration, rather
than simply punishment or retribution (article 40). Lowering the age of
criminal majority sends a negative signal to society and the affected children
alike, and fails to prioritise their particular needs as children.
This reform proposal responds to an issue
of public safety and negative media repercussion of certain crimes committed by
juveniles. Such a reform merely addresses the effects and not the causes of the
issue, excluding a number of key variables in the generation of crime. In order
to respond to children in conflict with the law effectively, States should
promote the use of alternative measures such as diversion and restorative
justice, serving not only the best interests of these children, but also the
short- and long-term interest of society as a whole (UNCRC General Comment
No.10).Brazil has been a pioneer of children’s rights within Latin America,
with its Estatuto da Criança e do Adolescente (Code for Children and
Adolescents) and currently provides a good example by setting the age of
criminal majority at 18 years of age. We call on Brazil to continue leading by
example, and reject the draft bill proposing the lower the age of criminal
majority from 18 to 16 years of age, respecting the human rights of the child
and fulfilling international obligations.
Signed by:
Defence for Children International (DCI);
Child Rights International Network (CRIN); Amnesty International; Human Rights
Watch (HRW); Organization against Torture (OMCT); Penal Reform International
(PRI); Terre des Hommes (TdH); World International Catholic Child Bureau
(BICE); World Vision.
MACRBRAZIL_ENGLISH
2 pages / 207 KB
MACRBRAZIL_ PORTUGUES
2 pages / 174 KB
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