150. In addition, the Court underlines that, pursuant to Article 19, 17, 1(1) and 2 of the
Convention, States are obliged to ensure, by the adoption of the necessary legislative or
any other measures, the protection of the child by the family, society and the State itself. In
this regard, this Court has recognized the fundamental role of the family for the
development of the child and the exercise of his or her rights. 225 Thus, the Court considers
that, in order to comply with these obligations, in the area of juvenile criminal justice, the
States must have an appropriate legal framework and public policies that are adapted to the
international standards indicated above (supra para. 149), and implement a series of
measures designed to prevent juvenile delinquency by programs and services that promote
the integral development of children and adolescents. Thus, among other matters, the State
must disseminate information on the international standards concerning the rights of the
child and provide support to vulnerable children and adolescents and also their families. 226
151. Regarding the specific issue raised in this case, directly related to sentencing children
to criminal sanctions, the American Convention does not include a list of punitive measures
that States may impose when children have committed offenses. However, it is pertinent to
note that, in order to determine the legal consequences of the offense when this has been
committed by a child, the principle of proportionality is a relevant criterion. According to this
principle, there must be a balance between the presumptions and the punishment, both as
regards the individualization of the punishment and its judicial application. Therefore, the
principle of proportionality means that any response with regard to children who have
committed a criminal offense must always be adjusted to their status as minors and to the
offense, 227 giving priority to reintegration with the family and/or society.
B.1. The sentences imposed on Saúl Cristian Roldán Cajal, Ricardo David Videla
Fernández, César Alberto Mendoza, Claudio David Núñez and Lucas Matías
Mendoza
152. First, the Court finds it appropriate to specify that the criminal proceedings
concerning Saúl Cristian Roldán Cajal and Ricardo David Videla were held in the jurisdiction
of the province of Mendoza, while the proceedings concerning César Alberto Mendoza,
Claudio David Núñez and Lucas Matías Mendoza were held in the jurisdiction of the federal
capital of Buenos Aires (hereinafter “Buenos Aires”). However, in substance, Law 22,278 on
the Juvenile Criminal Regime and the national Criminal Code, both of which apply
nationwide, were used in both cases.
153.
In this regard, Law 22,278 establishes that:
Art 2. The minor aged from sixteen to eighteen years who commits an offense that was not listed
in the [… first] article may be punished.
[…] In these cases, the judicial authority shall submit the minor to the respective proceedings and
shall have custody over him or her temporarily during their processing in order to make it possible
to exercise the powers conferred by article [… four].
ensure that children are dealt with in a manner appropriate to their well-being and proportionate both to their
circumstances and the offence.”
225
Cf. Juridical Status and Human Rights of the Child. Advisory Opinion OC 17/02 of August 28, 2002. Series
A No. 17, fourth operative paragraph.
226
Cf. Committee on the Rights of the Child, General Comment No. 10, Children’s rights in juvenile justice,
CRC/C/GC/10, 25 April 2007, para. 18.
227
Cf. United Nations Standard Minimum Rules for the Administration of Juvenile Justice ("The Beijing
Rules"). Adopted by the General Assembly of the United Nations in resolution 40/33 of 29 November 1985, Rule 5.
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