Human Rights Watch (HRW) condemned El Salvador’s new law, which transfers incarcerated children into adult prisons, as a violation of international juvenile justice standards. The law comes amid the conviction of over a thousand children, many on charges of unlawful gang association. HRW claims that children are often coerced into pleading guilty for crimes they did not commit.
The new policy raises serious concerns about the safety of minors in the adult prison system, where they are at risk of abuse, torture, and medical neglect. HRW has documented such conditions in El Salvador’s adult prisons. Additionally, detainees in these facilities often face isolation and limited legal recourse, further exacerbating the violations of their rights.
Many of the children affected by the law have been arrested under vague charges of gang association, a controversial charge that infringes on the fundamental right to freedom of association, as guaranteed by international treaties.
The law is part of El Salvador’s broader strategy to combat gang violence, which has included the suspension of fundamental rights through emergency counterterrorism measures adopted in 2022. These measures allow the state to detain individuals as young as 12 without regard for their legal protections.
Human rights organizations like HRW stress the importance of adhering to international standards, which mandate that juvenile detention systems protect the well-being of minors, provide them with legal counsel, and ensure that families are notified of their detention.
Source: Human Rights Watch, El Salvador Legislative Assembly
