OMCT participates in joint call on the government of Brazil to refrain from adopting the draft constitutional reform bill proposing to lower the age of criminal majority 18 to 16 years of age.
PARA VERSAO EM PORTUGUES VEJA ARQUIVO ANEXO
We the undersigned civil societyorganisations, call on Brazil to refrain from adopting the proposed reformsthat would lower the age that children can be tried as an adult (the “age ofcriminal majority”) from 18 to 16. The reform would violate Brazil’s obligationsunder the United Nations Convention on the Rights of the Child (UNCRC) andwould be an ineffective means of addressing offences committed by children.
Under the UNCRC, States have specificobligations towards children involved in the criminal justice system:deprivation of liberty should be a last resort and for the shortest period oftime (article 37), and must focus on rehabilitation and reintegration, ratherthan simply punishment or retribution (article 40). Lowering the age ofcriminal majority sends a negative signal to society and the affected childrenalike, and fails to prioritise their particular needs as children.
This reform proposal responds to an issueof public safety and negative media repercussion of certain crimes committed byjuveniles. Such a reform merely addresses the effects and not the causes of theissue, excluding a number of key variables in the generation of crime. In orderto respond to children in conflict with the law effectively, States shouldpromote the use of alternative measures such as diversion and restorativejustice, serving not only the best interests of these children, but also theshort- and long-term interest of society as a whole (UNCRC General CommentNo.10).Brazil has been a pioneer of children’s rights within Latin America,with its Estatuto da Criança e do Adolescente (Code for Children andAdolescents) and currently provides a good example by setting the age ofcriminal majority at 18 years of age. We call on Brazil to continue leading byexample, and reject the draft bill proposing the lower the age of criminalmajority from 18 to 16 years of age, respecting the human rights of the childand fulfilling international obligations.
Signed by:
Defence for Children International (DCI);Child Rights International Network (CRIN); Amnesty International; Human RightsWatch (HRW); Organization against Torture (OMCT); Penal Reform International(PRI); Terre des Hommes (TdH); World International Catholic Child Bureau(BICE); World Vision.