In a controversial move, El Salvador’s Legislative Assembly has sanctioned the transfer of children to adult prisons, a decision widely condemned by Human Rights Watch. Signed into law by President Nayib Bukele on February 13, 2025, this bill subjects minors detained for alleged organised crime to a brutal adult prison system, heightening their risk of abuse and violating international juvenile justice standards.
Juanita Goebertus, the Americas director at Human Rights Watch, highlighted that subjecting children to an adult prison administration, notorious for its grave human rights abuses, signifies a grave setback for children’s rights in El Salvador. The legislation disregards the notion that children should be kept in environments designed for their rehabilitation, not punishment.
The July 2024 report titled ‘Your Child Does Not Exist Here’ documented harrowing violations against children, including arbitrary detention and torture, affecting youths as young as 12. Millions of children have been ensnared in the web of arbitrary arrests, seemingly based on mere appearances or anonymous tips, many of whom had already endured gang violence.
As of February 2024, over 1,000 children found themselves convicted under broadly defined charges of “unlawful association.” Human Rights Watch unearthed instances where coerced confessions and unreliable evidence led to wrongful convictions, further exacerbating the plight of these young individuals.
Conditions in adult prisons are profoundly grim; detainees often experience extreme overcrowding and violence, alongside minimal access to essential services like medical care. Local human rights groups reported 368 prison deaths since Bukele’s state of emergency declaration in March 2022, hinting at potential governmental complicity.
Following similar legislation in March 2022, which imposed harsh prison sentences on young offenders, the latest amendments directly contravene United Nations guidance on juvenile justice, which calls for the minimum age of criminal responsibility not to be lowered. These changes abandon the previously established essential due process protections that prioritised education and rehabilitation over punitive measures.
International conventions stress that detaining children should occur only as a last resort, and indeed, holding them in adult facilities endangers their mental health and future reintegration prospects. On February 13, several international bodies voiced their discontent, stating that the recent law changes greatly undermine El Salvador’s commitment to a nuanced juvenile justice system.
Goebertus firmly stated, “Placing children in adult prisons will only worsen their exposure to abuse and undermine their chances of rehabilitation.” The future is now uncertain for thousands of children facing the wrath of an adult prison system, a dreary path with little hope for recovery and growth.
El Salvador’s Legislative Assembly has passed a law allowing the transfer of children to adult prisons, raising significant human rights concerns. This decision, signed by President Nayib Bukele, places minors at risk of violence and abuse within a flawed penal system. Documented violations against children, including arbitrary arrests and unfair prosecutions, have prompted widespread criticism from Human Rights Watch and international bodies, highlighting a regression in juvenile rights and rehabilitation efforts in the country.
The recent legislative changes in El Salvador to transfer children to adult prisons raise severe concerns regarding their safety and welfare. These amendments violate international juvenile justice standards, exposing vulnerable minors to environments fraught with abuse and neglect. Human Rights Watch and other international organisations condemn these changes, emphasising that a child’s rights and chances for rehabilitation should never be overshadowed by punitive measures. The fate of thousands of children now hangs in the balance, demanding urgent attention and action.
Original Source: www.hrw.org
