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argument, that collective suicide was a possibility, the pressure from the outside to
do just that was very strong.
The transfer from the ‘Panchito López’ Center to the Itauguá Education Center
represents no progress at all because the authorities have not learned what happens
psychologically and socially, and do not understand the methods that should be used
with these “mistreated and violated” children. Still, change is possible if the political
will is there.
Juvenile facilities should have no more than forty inmates.
h)
Expert opinion of Emilio Arturo García Méndez, former advisor to
UNICEF and an expert on the rights of the child.
On the international level, the minimum standards can be divided into three different
categories: prescriptive or normative; juridical (perhaps the most obvious and the
most often cited, since it concerns the material conditions that the deprivation of
liberty must meet), and the category that concerns the problem of interpreting the
rules relating to deprivation of liberty.
At the domestic level, the evolution of doctrine and jurisprudence, as well as each
State’s constitution and specific laws on the subject of deprivation of liberty all have
to be considered.
On the issue of juridical standards, clearly the Convention on the Rights of the Child
has and still does influence domestic laws. The Convention recognizes deprivation of
liberty and uses that precise language. Extraordinary progress has been made in
moving away from the old concepts of the rights of the child, which were generally
expressed in somewhat euphemistic terms.
The Convention on the Rights of the Child recognizes deprivation of liberty in the
case of minors, but also requires States parties to establish a minimum age below
which the consequences of a violation of criminal law will not be applied.
As for the problem of interpreting the juridical standards, unambiguous rules have to
be established at the domestic level that embody those principles of the Convention
on the Rights of the Child that require that detention be reserved only for exceptional
cases, and then be for the shortest appropriate period of time and only as a
“measure of last resort.”
States also need institutions to ensure that legal
guarantees are effectively observed.
It is a basic and elementary obligation of the State to ensure to its minors the
juridical-institutional and political-cultural conditions necessary so that, at the very
least, the mandatory and free public education that is the general norm in every
country of the world is available within juvenile detention institutions. Consequently,
“institutions of everyday life” have to be an integral part of the deprivation of liberty,
so that re-socialization -the goal of which is to re-integrate the minor into his family
unit and the normal institutions of the State- can proceed with as little shock and as
little trauma as possible.
Under the new system, relevance or authority of the law becomes a central criterion,
at least from the normative standpoint. In today’s world, the issue of material
conditions is entirely relevant and cannot be divorced from the issue of legal
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