They are two children, 6 and 7 years old, allegedly victims of sexual abuse by three other 12-year-olds, all of whom are students at a private school in Lambaré. The aggressors have already been identified and, because of their age they cannot be criminally charged, they will be subjected to protection measures along with their family, which is where this type of behavior usually results.
The judge of first instance of the Childhood and adolescenceMaría Teresa Cardozo, in an interview with ABC Tv pointed out “we must not forget that the courts for Children and Adolescents are not repressive, we apply protection measures”.
In that same context, the administrator of justice stressed “we cannot talk about sanctions or punishments because we believe that behind this type of behavior, there is often a deep situation.”
Cardozo said that in cases like these it is appropriate to give participation to the multidisciplinary team of the Judiciary and “taking into account the recommendations of the technicians, the psychologists carry out the measures as therapies or if they recommend, the intervention of psychiatrists,” he said.
can be derived from family
The judge for Children and Adolescents pointed out that during professional interventions on children, which are usually done in conjunction with the family, if behaviors that constitute a punishable act are detected, this is communicated to the Public Ministry so that they can take the corresponding measures.
At another point, he mentioned that in his court, especially, similar cases of children who abuse other children are received, but that they vary between one and two per year. “The complaints are minimal, however they almost always come from families, happen within the family environment or sometimes they are not reported”, he explained.
He added that there is almost always some situation within the family, since it must be borne in mind that “having the help of the technical team brings to light” the situations that the boy went through or goes through in his core.
Cardozo also mentioned that it was established in the Lambaré school as one of the first protection measures adopted, “because here we work not only to remedy what happened.”
Measures in the Childhood and Adolescence Code
The measures that Judge María Teresa Cardozo spoke about are established in Law 1680/2002 “Code for Children and Adolescents”, in its article 34 “Protection and support measures”:
When the child or adolescent is in situations that indicate the need for protection or support, the following protection and support measures will be applied:
a) the warning to the father, mother, guardian or person in charge;
b) guidance to the child or adolescent and their family group;
c) temporary accompaniment to the child or adolescent and their family group;
d) the incorporation of the child in a basic school education establishment and the obligation of attendance;
e) medical and psychological treatment;
f) in case of emergency, the material provision for the maintenance of the child or adolescent;
g) the coat;
h) the placement of the child or adolescent in a foster family; and,
i) the placement of the child or adolescent in a home.
The protection and support measures indicated in this article may be ordered separately or jointly. In addition, they can be changed or replaced, if the good of the child or adolescent requires it.
The protection and support measures will be ordered by the Municipal Council for the Rights of Children and Adolescents (CODENI). In the case of a measure indicated in subparagraphs g) to i) of this article, the order will require judicial authorization.
Also in the article 175 “Of the precautionary measures of protection”, which are listed in:
a) guard or shelter;
b) restitution in the case provided for in Article 95 and concordant of this Code;
c) exclusion from the home of the defendant in cases of domestic violence;
e) the temporary fixation of food; and,
f) the other protection measures established by this Code, that the Judge considers necessary in the best interest or for the safety of the child or adolescent.
And finally, also in the article 202 “Protection and support measures”, in which it is mentioned: “With prior agreement of the Municipal Council for the Rights of Children and Adolescents (CODENI), the Judge may also order the adolescent to accept the measures provided in Article 34, second paragraph, subsections c) and i) of this Code”.
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Sexual abuse: behaviors usually result from the family nucleus, says judge – Nationals – ABC Color