Human Rights Watch (HRW) issued a warning on Friday regarding Ecuador’s recently enacted law, which poses threats to children’s rights and protections, particularly those who are recruited or exploited by organized crime groups. The Public Integrity Law, enacted on June 24 by the National Assembly and signed by President Daniel Noboa a day later, includes significant punitive measures. These provisions, according to HRW, infringe upon not only Ecuador’s constitutional obligations but also international child rights standards.
Though the law aims to target violence and corruption, improve government efficiency, and enhance public sector accountability, it notably enhances the harshness of Ecuador’s youth justice system. It increases the maximum sentence for juveniles from eight to 15 years for crimes committed during what the government refers to as an ‘internal armed conflict’. Additionally, the law mandates that children who turn 18 while serving their sentence will be moved to adult detention facilities.
The enactment also removes non-custodial alternatives for juveniles convicted with at least five-year sentences, limits access to semi-open detention systems, rehabilitation programs, or early release, and extends the pretrial detention period for children from 90 days to a year. HRW asserts these steps significantly shift the state’s approach from rehabilitation to punishment, contravening the Convention on the Rights of the Child.
In early June, an official declaration by President Noboa tasked the nation with the prevention and eradication of child recruitment by non-state actors, while a committee was established to enforce policies supporting this objective. Nevertheless, the newly introduced legislative measures might undermine these goals, especially by criminalizing children from underprivileged and marginalized backgrounds—those frequently susceptible to exploitation.
These legislative changes arrive amid escalating violence across Ecuador. Homicide rates, notably impacting children, have seen a marked increase in recent reports. HRW highlights that many children involved in criminal activities come from economically disadvantaged, Indigenous, and Afro-Ecuadorian communities, who have historically been overlooked by state policies.
This legal overhaul is part of a series of reforms that include the National Solidarity Law, endowing the president with extensive powers during an ‘internal armed conflict,’ and a newly established intelligence law framework. The reforms follow the governmental determination to address a ‘nationwide internal armed conflict’ with organized crime groups.
International human rights organizations, including the UN Committee on the Rights of the Child, have advised Ecuador to retain the minimum age of criminal responsibility at 14, prioritize non-custodial sanctions, and reserve detention strictly as a last resort. Currently, the Public Integrity Law might prioritize immediate security benefits over enduring justice and accountability. Commenting on these legislative shifts, HRW’s Americas director Juanita Goebertus expressed that true security is achieved not through unchecked security agency powers but through justice system fortification, the dismantling of illicit economies, and upholding the rule of law.
This article was reported by: JURIST