Honduras: authorities should not lower the minimum age of criminal responsibility
The Centro de Prevención, Tratamiento y Rehabilitación de las Victimas de la Tortura y sus Familiares (CPTRT) and the World Organisation against Torture (OMCT) express their deep concern regarding the proposal put forward by Colonel Ramiro Muñoz, President of the Interventory Board of the National Penitentiary Institute (INP) and the Military Police of Public Order (P.M.O.P), which aims to lower the age of criminal responsibility in Honduras, and aims at treating and judging children in conflict with the law as adults.
Currently, Article 23 of the Penal Code of Honduras establishes the minimum age of criminal responsibility at 12 years of age. The current proposal would violate the United Nations Convention on the Rights of the Child (CRC), in particular Article 40.3 and 40.3.a) which state that ‘States Parties shall take all appropriate measures to promote the establishment of specific laws, procedures, authorities and institutions for children alleged as, accused of, or recognized as having infringed the penal law, and in particular: (a) The establishment of a minimum age below which children shall be presumed not to have the capacity to infringe the penal law...’.
Children and adolescents in conflict with the law should never be treated as adults; on the contrary, they should be judged by a specialized juvenile justice system that gives primary consideration to the best interests of the child and that is oriented towards their well-being and full exercise of their rights.
We recall that the Committee on the Rights of the Child, in its General Comment 24 of 2019, encourages States parties, such as Honduras, to ‘take note of the latest scientific findings and to raise the age of criminal responsibility to at least 14 years accordingly’. The Committee has also ‘urged States parties not to lower, under any circumstances, the age of criminal responsibility in accordance with article 41 of the Convention’.
Modifying laws aimed at increasing penalties or lowering the age of criminal responsibility does not solve the structural problems of violence that affect the full enjoyment of the rights of children and adolescents. On the contrary, it is important to prioritise the root causes of these problems and the way to confront them, through the creation and implementation of public policies for the prevention of violence at the community, school and family levels.
It is necessary to analyse the social reasons and motives for the involvement of children and adolescents in gangs, as well as the forced recruitment of which they are victims. It is also a priority to develop action plans to provide children and adolescents with comprehensive educational and social programmes.
We express deep concern about the intention to adopt a repressive and highly punitive criminal policy against the children of Honduras, instead of promoting their reintegration and guaranteeing their well-being and best interests.
We urge the country's authorities not to lower the minimum age of criminal responsibility and to respect the best interests of children, so that together we can build a society that respects the law and the rights of children and adolescents.