Argentina: Submission to the CRC Day of General Discussion on Children of Incarcerated Parents

Summary: Submission by S. Zega

Recommendations

1.- Amend the sections of the Code of Criminal Procedure referring to restrictions on freedom so that they impose on the courts and the police or security forces assisting them the obligation to verify whether the persons subject to detention have children under their exclusive care.

When persons subject to detention have children under their exclusive care the courts and police or security forces shall be under the obligation to:

- ask the person arrested to appoint a person to be temporarily entrusted with the children's care

- leave the children under the care of the person so appointed

- notify the temporary guardian that he/she will be summoned to appear in court on the first business hour following detention, and that he/she shall adopt no further decisions related to the children until that moment.

The Code of Criminal Procedure should also impose on the courts the obligation to remand the case to the competent authorities for the protection of the rights of the child.

2.- Recommend that until the Code of Criminal Procedure is amended, the Courts of Appeals in Criminal Matters hearing in proceedings against adults impose such obligations on judges.

3.- Promote the training of personnel specialized in rights of the child working for criminal courts with jurisdiction over adults so that they may assist judges on these matters.

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