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[12 April 2006] – UNICEF has expressed its “concern” over the measures instated by the recently approved reform to the Ley Orgánica de Responsabilidad Penal del Menor, or the Penal Law for Minors. Among the new measures are increased sentencing and the possibility of transferring juveniles to penitentiaries once they turn 18 years old. UNICEF has noted to the Spanish Government that the United Nations Committee for the Rights of the Child had recommended in 2001 “that the State assign the necessary human and economic resources to guarantee that the Law will be applied to the fullest, and foster the use of alternative sentencing” UNICEF further noted the importance of evaluating the roots juvenile delinquency may have in “issues such as poverty, discrimination, loss of family structure, even the lack of child psychiatric services.” UNICEF’s statement further noted that “In light of these grave factors, the increased sentencing of minors does not guarantee, not in the short, nor in the long term, the disappearance or the end of juvenile delinquency,” Moved to penitentiaries at age 18 Similarly UNICEF expressed concern over the suitability of transferring offenders when they come of age, since “it would not be conducive to their re-education or re-insertion in society.” UNICEF believes that this legal change should take place by firstly evaluating the results of the application of the Ley Orgánica de Responsabilidad Penal del Menor, by carrying out an in depth analysis of the results obtained to date, and an evaluation of whether the investments made and the models used for its application are suitable. Reforms The measures stipulate the possibility of increasing the period of time in detainment, that sentences are carried out in centers with strengthened security, and opens the door for completing sentencing in penitentiaries once the offender reaches the age of 18. In this sense, the Executive power tries to ensure greater compatibility between the gravity of the offense and the sanctions to be imposed, empowering the Judge to evaluate and determine both principles. The Bill makes a greater range of offenses punishable by incarceration for minors. Serious crimes, crimes committed by groups, or crimes committed by a youth at the service of a gang, organization or association, even if the association is not of a permanent nature, are all punishable by full incarceration. On the other hand, the sentencing periods will vary according to the type of crime and the age of the young offenders. The law will not be applicable to those aged 18 to 21. The Bill also creates a new measure that prohibits the young offender from approaching or making contact with the victim, family members or others according to the Judge’s determination. Sources: OIJJ, Europa Press Read further: Barcelona considers legalizing its Latin American gangs Spain: Alternative sentencing experience with young offenders yields good results Spain: Police concerned over the growth of juvenile gangs in the suburbs of Madrid and Barcelona