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Summary: General overview of Nicaragua's national legal provisions on children's rights, including guidance on how to conduct further research.
Español Status of CRC in national law Constitution: Numerous provisions of the Nicaraguan Constitution specifically reference children's rights. Article 35 relates to the rights of juvenile offenders. Chapter Four of Constitution discusses the rights of the family, and includes Article 71 on the application of the CRC in Nicaragua and Article 75, which states that all children have equal rights. Chapter Five is concerned with labour rights; notably, Article 84 of this Chapter prohibits child labour that could affect development or interfere with compulsory education, and further requires that children be protected against any form of economic or social exploitation. Legislation: The Code of Childhood and Adolescence (1998) deals with family life; civil and political rights; economic, social and cultural rights including the rights to health, education, social security, culture and recreation; and duties and responsibilities. It also lays the foundation for the creation of the National Council for Comprehensive Care and Protection of Children and sets up a specialised criminal justice system for youth. Other laws relating to children include, but are by no means limited to: General Law on Health (2002) General Law on Education (2006) Law on the Comprehensive Promotion and Development of Youth (2001) Labour Code (1996) and Amendment (2003) The Penal Code (2008) Law on the Protection of Human Rights of People with Mental Illness (2008) The Responsible Paternity and Maternity Law (2007) Legal Research Case Law Case Law Research Compliance with the CRC In depth analysis: The Child Code has implemented a specialised system of juvenile justice, including specialised courts, draft procedural manuals and alternatives to deprivation of liberty and execution, reforms that the Committee has warmly welcomed. However, aspects of the administration of juvenile justice remain inconsistent with the Convention. The Committee has expressed particular concern about the detention of children alongside adults, reports of mistreatment of children who are detained and that reported mistreatment may not be independently investigated nor subject to prosecution where appropriate. The law relating to marriage has also been a matter of persistent concern in CRC observations, with the Committee highlighting the "low and unequal age of marriage" (15 years for boys and 14 years for girls with parental consent). The drafting of a new Family Code has included the discussion of provisions that aim to address this, raising the minimum age of marriage for both sexes to 18 years, and the Committee has urged the State to adopt this code as soon as possible, ensuring that provisions relating to marriage amend the law in this regard. Current legal reform projects
National laws on children's rights
The direct application of the CRC is constitutionally guaranteed under an amendment to Article 71 of the Constitution, which states that “childhood enjoys special protection and all the rights that its status may require and for that reason, the International Convention on the Rights of the Child is fully applicable in Nicaragua.”
The National Assembly (Asamblea Nacional) of Nicaragua maintains a website in Spanish (http://www.asamblea.gob.ni/) that provides the full text of the Constitution and various laws and directives that have been adopted or are under consideration. The GlobaLex initiative at New York University has published a helpful guide to legal research in Nicaragua (http://www.nyulawglobal.org/globalex/nicaragua.htm), and the U.S. Library of Congress (http://www.loc.gov/law/help/guide/nations/nicaragua.php) and World Legal Information Institute (http://www.worldlii.org/catalog/2281.html) have compiled a selection of relevant links.
CRC Jurisprudence
Please contact CRIN if you are aware of any cases in national courts that reference the Convention on the Rights of the Child.
The judiciary maintains an official website (http://www.poderjudicial.gob.ni/) in Spanish, which does offer the full text of some court decisions.
In its 2010 Concluding Observations, the UN Committee on the Rights of the Child stated that while Nicaragua has made considerable effort “towards strengthening the constitutional, legal and normative framework related to implementation of the Convention, [the Committee] is concerned at the low implementation of legislation. It is particularly concerned that, 12 years after it entered into force, the Child Code has not been afforded the priority required and it has lacked the necessary institutional, human, technical and financial resources for its full implementation.”
The prohibition on abortion is an aspect of Nicaraguan law that has been identified as being inconsistent with the Convention in a number of respects. Specifically, that abortion is prohibited even when a mother's life is at risk is in conflict with the right to life, while in relation to pregnancy following rape and incest, the prohibition furthers the harm caused by abuse. The Committee on the Rights of the Child in its 2010 Concluding Observations recommended that the State "[r]epeal the articles of the Penal Code that criminalise abortion, ensuring that girls are not subject to criminal sanctions for seeking or obtaining an abortion in any circumstances".
Please contact CRIN if you are aware of any current legal reform projects.