Street children and juvenile justice in Nicaragua

This paper is part of a two-year research and advocacy project examining the situation of the human rights abuses of street children in juvenile justice systems in six countries: Kenya, Nicaragua, Nigeria, Pakistan, the Philippines and Romania. The study used research and national, cross-sectoral workshops involving street children, civil society organisations, the police, judiciary, social and probation services and other stakeholders.

This report provides a brief analysis of the situation of street children in Nicaragua, and the reasons for their arrival and prolonged existence on the streets. It examines the existing legal processes, terms and guarantees of national laws relating to juvenile justice in Nicaragua, primarily the Special Criminal Justice System for Adolescents, to identify the gaps and shortcomings that permit rights violations to occur.

Street children and other actors from relevant institutions (police, judiciary, NGOs etc.) provide information on the actual experience of children in conflict with the law at all stages, from arrest through to trial, sentencing and detention.

The report also details evidence of good practices regarding the treatment of street children subject to the justice system and suggests recommendations to improve the observance and respect of fundamental rights and national and international legislation.

Recommendations to the government of the Republic of Nicaragua include:

• ensure the provision of humane treatment to children in provisional detention and that their innocence is continually presumed
• provide training for penitentiary staff on the correct and appropriate treatment of children
• the quality and quantity of food provided in both provisional and definite detention should be designed with children’s particular needs in mind, and sufficient to ensure a basic, healthy diet and the preservation of good health

Recommendations to the National Police include:

• all police personnel must be trained in human rights, the rights of children and adolescents, Special Criminal Justice for Adolescents and the Regulations for Administration of Justice for Adolescents

Recommendations to the judiciary:

• necessary budget allocation should be made to the judiciary powers for creation of Adolescent Courts and their respective specialised teams that are still lacking in the rest of the country
• all judges should be trained on human rights and the rights of the child.

For more information:

Please visit CRIN's pages on Children in Conflict with the Law and Nicaragua