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Jurist Ecuador law reforms spark concern for children’s rights

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Dadparvar

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Nov 11, 2016
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Human Rights Watch (HRW) on Friday warned that a newly enacted law in Ecuador threatens the rights and protections of children, particularly those recruited or used by organized crime groups. The Public Integrity Law, passed by the National Assembly on June 24 and signed by President Daniel Noboa the following day, introduces sweeping punitive measures that HRW and other rights groups say violate both Ecuador’s constitutional obligations and international child rights standards.

Although framed to eradicate violence and corruption, improve efficiency, and ensure that the public sector meets citizens’ needs, HRW noted that the law includes provisions that significantly harden Ecuador’s youth justice system. The law raises the maximum prison sentence for children from eight to 15 years for crimes committed during the ‘internal armed conflict’ declared by the government. Children turning 18 while incarcerated will be transferred to special sections of adult prisons.

The law further removes alternatives to incarceration for children convicted of crimes carrying sentences longer than five years. It prohibits access to semi-open regimes, rehabilitation programs, or early release, and increases the maximum period of pretrial detention for children from 90 days to one year. These measures, according to HRW, fundamentally shift the state’s approach from protection and reintegration to retribution, which contravenes the Convention on the Rights of the Child and Ecuador’s constitutional mandate.

In June, President Noboa officially declared prevention and eradication of recruitment and use of children by non-state actors as a national priority while ordering the creation of a committee to formulate and enforce policies to meet the goal. However, the new law is expected to undermine this commitment by criminalizing the very children it seeks to protect, particularly those from impoverished or marginalized communities already vulnerable to exploitation.

The law was passed in the context of escalating violence in Ecuador, where homicide rates, including child victims, have surged. HRW further emphasized that many children drawn into criminal activity are from low-income, Indigenous, and Afro-Ecuadorian communities historically marginalized by state policy.

HRW has previously condemned new legal reforms enacted by the Ecuadorian government, arguing that the measures severely endanger rights. The National Solidarity Law, passed by Ecuador’s National Assembly in June 2025, grants the president sweeping powers to declare and take action in the event of an ‘internal armed conflict.’ Another law on intelligence, approved by the assembly on June 10, creates a legal framework for intelligence and counterintelligence activities. However, it is suspected of allowing unjustifiable use of force by authorities, threatening accountability, and undermining safeguards on privacy. The legislations follow Ecuador’s designation earlier this year of a ‘nationwide ‘internal armed conflict‘ against 22 identified organized crime groups.

International human rights bodies, including the UN Committee on the Rights of the Child, have urged Ecuador to maintain the minimum age of criminal responsibility at 14, prioritize non-custodial sanctions, and ensure that any form of detention is used only as a last resort for the shortest appropriate duration. In its current form, the Public Integrity Law appears to prioritize rapid security gains over long-term justice and accountability. Juanita Goebertus, Americas director at Human Rights Watch, said, ‘Lasting security won’t come from granting unchecked power to security and intelligence agencies, but from strengthening the justice system, dismantling illicit economies, and protecting the rule of law.’

The post Ecuador law reforms spark concern for children’s rights appeared first on JURIST - News.

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