CAT/OP/ARG/1/Add.1
VI. Juvenile detention centres
96.
The Secretariat for Children, Young Persons and the Family, attached to the
Ministry of Social Development, produced the report contained in annex 4 on the
Subcommittee’s preliminary and concluding observations. Some substantive aspects are
reproduced below.
97.
The Secretariat for Children reported that the closed socio-educational centres and
restricted-release socio-educational homes, attached to the Secretariat and belonging to the
Ministry of Social Development, are specialized institutions that comply with United
Nations regulations on juvenile criminal justice systems (annex 1, article 19, of Decree No.
415/2006) and are part of the socio-educational system.
98.
The centres and homes are regulated by Ministry of Social Development Decision
No. 3892 of 7 December 2011 and Secretariat for Children, Young Persons and the Family
Decision No. 991 of 27 May 2009, which approved the General Regulations for Closed
Centres, with its protocol for reporting ill-treatment (annex 2).
99.
Furthermore, it is important to note that these centres are monitored by a special
commission of the Chief Public Defender’s Office and regularly visited by inspectors. The
centres hold training workshops for young people taught by NGOs and universities.
100. As was mentioned in the section on detention conditions, there is an Admission and
Referral Centre for adolescents accused of criminal offences as part of a cooperation
agreement between the Secretariat for Children, Young Persons and the Family and the
former Secretariat for Prevention Policies and Community Relations within the Ministry of
Security. The Centre was established on 23 August 2011 by Secretariat for Children, Young
Persons and the Family Decision No. 1467/11 with the aim of guaranteeing specialized
accommodation for detained minors, in order to end their detention for offences committed
in the Federal Capital, on the premises of the federal police or other security forces attached
to the National Executive (in accordance with the third clause of the above-mentioned
cooperation agreement).
101. Through the Federal Council for Children, Adolescents and the Family, created
under Act No. 26061 (art. 45), as a deliberative body responsible for drawing up proposals
and policies to be applied at the federal level, numerous agreements have been concluded in
this area, such as:
• A policy respecting the human rights of adolescents who have committed criminal
offences (at a meeting held on 18 April 2008);
• Publication of a report on the national survey of provisions and programmes for
juvenile offenders (at meetings held on 7 and 8 August 2008);
• “Adolescence Does Not Mean Insecurity” (at meetings held on 6 and 7 November
2008);
• “Towards Better Quality for Juvenile Offender Facilities” (at meetings held on 19
and 20 May 2011).
VII. Mental health
102. Annex 5 contains the regulations of the National Mental Health Act No. 26657. The
National Human Rights Secretariat participated actively in drawing up the draft regulations,
which have received favourable views from different departments of the Ministry of
Health; the Ministry of Labour, Employment and Social Security; the Ministry of Justice
and Human Rights and the Office of the President.
18
GE.14-40297
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