The Children's rights in detention centres: regulatory framework and guarantees. The fundamental principle of the juvenile justice system is the protection and comprehensive development of minors serving sentences in detention centres. This model is based on an educational approach, oriented towards social reintegration. and to the fulfillment of the fundamental rights of adolescents who are part of the system.
In this article, we will discuss the legal framework that regulates these rights, the principles that guide its application and the measures that guarantee the well-being of the minors in custody, ensuring that the intervention process is carried out in accordance with current regulatory standards.
A regulatory framework that protects the rights of minors
The rights of minors in detention centres are regulated by various national and international regulations which establish specific guarantees for their well-being and development.
National legislation
Organic Law 5/2000, of January 12, regulating the criminal responsibility of minors (LORPM), establishes that Deprivation of liberty measures must have an educational purpose and be geared towards the full social integration of the minor. This rule guarantees that detention takes place in a safe and structured environment, where the fundamental rights of adolescents are respected.
In development of this law, the Regulation approved by Royal Decree 1774/2004, of July 30, specifies the Rights and duties of minors in centres, as well as the principles that should govern their care. Among the fundamental aspects that it regulates, the following stand out:
- Right to education and vocational training, ensuring the continuity of learning and access to job training programs. Here you can see the code of ethics for educators.
- Right to health care, including medical, psychological and specialized care when necessary.
- Right to communication and visits, to maintain the link with the family and social environment.
- Right to participate in the life of the center, promoting an environment of coexistence based on respect and integration.
- Guarantees in disciplinary procedures, ensuring that any action within the centre respects the principle of legality and the rights of the minor.
International references
Spanish legislation is aligned with international treaties and conventions that establish standards of protection for minors in juvenile justice systems. These include:
- Convention on the Rights of the Child (1989): establishes that any measure adopted with respect to minors must take into account the principle of the best interests of the child and guarantee their well-being and comprehensive development.
- Beijing Rules (1985) and Havana Rules (1990): They include principles of juvenile justice, promoting that measures of deprivation of liberty be applied with an educational orientation and respecting the rights of adolescents in the process.
- Riyadh Guidelines (1990): They promote prevention programmes and the promotion of opportunities for minors in conflict with the law, ensuring an inclusive and restorative approach.
Guarantees for the well-being and education of minors
The operation of the CIMI is structured around a series of guarantees that allow the personal, educational and social development of minors.
Adapted educational program
The detention centers ensure the continuity of the educational process of minors, integrating them into school and training programs tailored to their needs. The acquisition of skills and abilities that facilitate integration into society is encouraged.
Socio-educational intervention
The educational approach of the CIMI allows minors to participate in activities aimed at their personal and social development. Through individualized programs, we promote the acquisition of life skills, the strengthening of values, and preparation for community life.
Psychological and health support
Minors have medical and psychological assistance, guaranteeing their physical and emotional well-being. Intervention and monitoring programs are implemented to offer appropriate support for each case.
Leisure and free time activities
The development of recreational, sports and cultural activities contributes to the well-being of minors and favors your educational processThese initiatives promote healthy habits, encourage coexistence and strengthen social skills.
Maintaining family and social ties
The right to the is guaranteed Communication with family members and legal guardians, facilitating visits and regular contact to strengthen the child's social support and encourage his or her subsequent integration.
Principles of action in CIMI
The intervention model in detention centres is based on a series of principles that guarantee comprehensive care for minors:
- Individualization: each child receives care tailored to his or her personal needs and circumstances.
- Education and training: central axis of the intervention, ensuring that minors acquire knowledge and skills for their future.
- Stake: Minors are an active part of the intervention process, promoting their autonomy and responsibility.
- Interdisciplinary intervention: Educational, psychological and social teams work in a coordinated manner to offer comprehensive care.
- Social reintegration: All measures adopted seek to facilitate the integration of the minor into society once the measure has ended.
Juvenile detention centres play an essential role within the juvenile justice system, providing a structured environment that enables the educational, personal and social development of juveniles. A sound regulatory framework and the application of educational and restorative principles ensure that the rights of adolescents placed in detention are respected, ensuring their education and preparation for life in society.
Through specialized intervention, with an educational and social focus, the CIMIs help minors who have committed an infraction to take advantage of this stage as an opportunity for learning and personal growth. Would you like to specialize in working with minors at risk of social exclusion? Find out about our Postgraduate in Intervention with Minors!
