Submitted by jhortolani on
This report is part of CRIN's access to justice for children project, looking at the status of the Convention on the Rights of the Child (CRC) in national law, the status of children involved in legal proceedings, the legal means to challenge violations of children’s rights and the practical considerations involved in challenging violations.
Guatemala has ratified the Convention on the Rights of the Child (CRC) and incorporated the Convention into its national laws. Yet, the UN Committee on the Rights of the Child criticises that the laws currently in place in Guatemala are insufficiently enforced by the national courts. Under the Guatemalan constitution, human rights treaties take precedence over national law and courts regularly apply the CRC. Generally, court proceedings are initiated not by a child but on behalf of a child by a next friend or a guardian. Free legal assistance is available in cases concerning children’s rights and specialised juvenile courts, including a juvenile appellate court, deal with criminal and civil cases concerning children. Limitation periods for criminal proceedings only start after the victim turns 18 and children and their representatives can present criminal complaints directly to the courts if a prosecutor fails to do so. The courts have wide-reaching powers and can declare any law void which infringes children’s rights. Nonetheless, Guatemalan courts have been criticised for not permitting children to testify and coercion and corruption still play a role in the country’s legal system, especially with regard to indigenous communities.
