The Detention of Adolescents in Conflict with the Law in Adult Prisons in El Salvador: An Analysis from the Perspective of the Doctrine of Comprehensive Protection

Abstract

In accordance with the doctrine of comprehensive protection, children and adolescents are subjects of rights who require State protection to exercise their rights. However, within the framework of adolescents in conflict with the law, obligations are established in accordance with their progressive development. Based on the aforementioned, the following question was formulated: What mechanism should be used when analyzing the detention of adolescents in conflict with the law with adults from the perspective of the corpus iuris of rights? To provide an answer, a critical and reflective documentary analysis was conducted to understand the obligations of the State from international standards and analyze the progress and challenges resulting from the reform. Inclusion and exclusion criteria were established to identify the bibliographic sources to be used in the study. The main results were that the reform contradicts the doctrine of comprehensive protection and represents a setback in terms of human rights and the recommendations of the Committee on the Rights of the Child to the Salvadoran State.