| Sociological Aspects of Children in Guatemala |
| Project Overview | Country History | Education | Health Care | Child Labor | Street Children | Street Survival | Abuse on the Streets | Children's Rights | Government Policies | Support |
Guatemala has several policies in effect to protect the rights of children. The first is
the Guatemalan Constitution,"Constitution politica de la Republica de Guatemala", which protects the rights of all
Guatemalans. This government document provides extra protection to children. It mandates that children have the rights to
education, security, health care, and food. It also declares that the government must protect the "physical, mental, and
moral health of children",and states that the "protection of orphans and abandoned children is a matter
of national interest ". The Guatemalan Constitution also declares that minors are not chargeable because
their reasoning skills are not fully developed. This law requires the rehabilitation of children in juvenile centers instead of
time in adult jails. In addition to the Guatemalan Constitution, Guatemala became the sixth country to sign the Convention on the
Rights of the Child in 1990. The Convention on the Rights of the Child (CRC) is an international policy that protects children's
rights.
The CRC even requires governments to develop programs and legislature to handle problems particular to their country. Particularly,
there
are articles that relate just to the protection and treatment of street children. The CRC calls upon governments to protect children from
physical, mental, and sexual abuse, neglect, exploitation, or maltreatment while being cared for by parent, guardians, or other care
providers (article 19). Article 33 requires the responsible government agencies to take action against childhood use and abuse of drugs and
prevent children from being involved in drug trafficking. The government must try to prevent at all costs the exploitation of children in
the form of prostitution or other unlawful sexual practices, as article 34 requires. Other articles require that "no child shall be subject
to torture or other cruel, inhuman, or degrading treatment or punishment, and no child shall be deprived of his or her liberty"
(article
37). Also "every child alleged or accused of having infringed the penal law has at least the following guarantees: i) To be presumed
innocent until proven guilty, ii) To be informed promptly and directly of the charges against him or her" (article 40). Guatemala also has
an outdated Minor's Code (the Code). Adopted in 1979, this government policy conflicts with the Constitution and the CRC in many ways.
Occasionally the Code enables judges to deny the rights of less fortunate children. This conflict is a major factor in the abuse of street
children within government run facilities. Fortunately the national Attorney for Human Rights (the Attorney) sees this as a problem and is
working towards fixing it. The Attorney has created a special subdivision called the Defender of the Rights of the Child. This
division is responsible for
the protection of children's rights. They are responsible for investigation involving rights violations, and for raising
awareness of children's rights. The Attorney has also joined the Pro-Convention Commission on the Right's of the Child.
This commission is in the process of replacing the outdated Minor's code with the Code for Childhood and Adolescence.
Guatemala is working to change policies and create organizations to better protect their children. If things continue
in this direction, street children and the abuse of street children will become an epidemic of the past.
Birch, Ann. 2000. "Guatemala's Street Children: Forging Survival Paths." Development 43:1 55-59.
Tierney, Nancy Leigh. 1997. Robbed of Humanity: Lives of Guatemala Street Children. Saint Paul, MN: Pangea.
| The purpose of this website is to inform viewers about the sociological aspects of children in Guatemala. Megan Coleman, Serrina Duly, Nicole Freeland, Jonah Kane-West, and Marc McCloskey created this site as part of a collaborative web project for their first year writing seminar "Children and Society" for our project "Children Around the World". Professor April Brayfield of Tulane University taught this class. |
| This is not a professional website. This site was compiled in less than a month as a final project for our course. The information in this website is a combination of the profesional research we have cited and our own ideas. Our research was limited to those documents printed in Western European format and the English language. The focus of these data were on Street Children. We do not intend to imply that all children in Guatemala are treated badly. |
| We would like to thank our consultant, Professor Jocelyn S. Viterna, whose correspondence allowed us to gain a greater understanding of children in Guatemala and Professor Brayfield for her help and patience in the creation of this site. |
Last updated on December 07,2004