GUATEMALA: Children's rights and the Inter-American system

Summary: This report summarises hearings on children's rights in Guatemala held by the Inter-American Commission, reports by the Commission's Rapporteur on the Rights of the Child, and cases brought to the Commission and Court.

Guatemala is a member of the Organization of American States (OAS). The Inter-American Commission is an autonomous body of the OAS which monitors Member States' compliance with their obligations under regional human rights conventions.

Regional instruments ratified

Guatemala ratified the American Convention on Human Rights on 27 April 1978.

Search CRIN's ratifications table to find other regional instruments to which Guatemala is a party.

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Inter-American Commission on Human Rights

Hearings

  • Several hearings on feminicide and impunity in Guatemala have been heard by the Commission (March 2006). Read more.
  • A number of hearings on the regional situation of children's rights have included Guatemala in their scope. Among them, a report on the the right to education of Afro-descendant and indigenous communities in the Americas in November 2009 brought by Robert F. Kennedy Memorial Center for Human Rights in March 2008. Read the full report and a report on child labour in Central America by Defence for Children International (DCI-Costa Rica), the Global March for against Child Labour and the Center for Justice and International Law (CEJIL) in March 2006. Read the report.
  • In October 2007, Casa Alianza and the Center for International Justice and Law (CEJIL) presented a hearing on irregularities in adoption proceedings in Guatemala. Read more.
  • In October 2006, NGOs Social Movement for Children and Young People's Rights and Casa Alianza and Center for Justice and International Law (CEJIL) presented a hearing on violence against children in Guatemala, particularly "State-tolerated social cleansing of children". Read more.

Country visits by the Commission's Rapporteur on the Rights of the Child

In May 2008, the Rapporteur gave a presentation on the "Protection of children and adolescents' right to health in the Inter-American Human Rights system." This was part of a national workshop on "Promoting the protection and development of children and adolescents" through planning and programmes, with a focus on human rights. The conference was organised by the Pan American Health Organisation (PAHO) in Guatemala City.

In August 1998, the Commission received information about child labour and prostitution, illegal adoption networks, street children, violence against children (and impunity for crimes committed against them) and a failure to guarantee the economic, social, and cultural rights of most children.

The Commission also visited juvenile detention centres "Los Gorriones" for boys and "Las Gaviotas" for girls. The Commission noted that because the country's detention system is centralised in the capital, detained children often lose contact with their families if they live outside the capital, hindering their rehabilitation.

Commission reports

In a regional report on children's involvement in gangs in Central American countries, including Guatemala, the Commission expressed concern about the tendency in government policy to deal with these children solely from the standpoint of public safety, law enforcement and criminal justice. Read the reports: Inter-American Commission on Human Rights and UNICEF Express Concern over Situation of Boys, Girls, and Adolescents Involved with Gangs in El Salvador, Guatemala, and Honduras (4 December 2004)

Fifth Report on the Situation of Human Rights in Guatemala 2001 - Chapter XII

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Inter-American Court of Human Rights

Guatemala has accepted the contentious jurisdiction of the Court (what does this mean?)

Find cases on children's rights in Guatemala here.

Countries

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