Human Rights Watch (HRW) has issued a stark warning about Ecuador's latest legislative measure, the Public Integrity Law, which was enacted on June 25 by President Daniel Noboa. This law, according to HRW, poses a serious threat to the rights and protections traditionally afforded to children, especially those entangled with organized crime.

The law aims to combat violence and corruption and enhance public sector efficiency. However, it introduces severe changes to the juvenile justice system, escalating the maximum prison sentence for minors from eight to fifteen years for offenses during the government-declared 'internal armed conflict.' Moreover, it mandates that children turning 18 while incarcerated be moved to adult prison sections.

Further complicating the scenario, the new legislation eliminates less severe alternatives to incarceration for children convicted of serious crimes, blocking access to semi-open facilities, rehabilitation programs, and early release opportunities. It also extends the maximum pretrial detention period for minors to one year.

These changes mark a significant shift from a focus on rehabilitation to a punitive approach, directly contravening the Convention on the Rights of the Child and Ecuador's constitutional principles. This shift occurs amidst increasing national violence, with rising homicide rates that notably affect children, particularly those from low-income, Indigenous, and Afro-Ecuadorian communities.

In a contrasting move earlier in June, President Noboa declared the prevention and eradication of child recruitment by non-state actors a national priority, even establishing a committee to address this issue. However, HRW argues that the Public Integrity Law undermines these efforts by potentially criminalizing vulnerable children instead of protecting them.

The law is part of a broader trend of stringent legal reforms under President Noboa’s administration. These include the National Solidarity Law, which grants extensive powers to the president during 'internal armed conflicts,' and new intelligence legislation that has raised concerns over possible excesses in force use and privacy violations. These laws follow the national declaration of an 'internal armed conflict' against numerous organized crime groups identified earlier in the year.

International bodies, including the UN Committee on the Rights of the Child, have urged Ecuador to keep non-custodial sanctions as a priority and use detention only as a last resort. Juanita Goebertus, Americas director at HRW, emphasized that genuine security can only be achieved through a robust justice system, dismantling illegal economies, and upholding the rule of law, not by granting unchecked powers to security forces.

This ongoing legal overhaul in Ecuador continues to draw significant international concern, spotlighting the balance between immediate security measures and long-term rights and rehabilitation strategies for vulnerable populations.