ILLEGALITY OF THE DEPRIVATION OF LIBERTY OF CHILDREN AND ADOLESCENTS IN THE PROVINCE OF CÓRDOBA

Authors

  • Alejandro Berrotarán
  • Juan Bautista López

Keywords:

Deprivation of liberty, Best interests of the child, Juvenile criminal procedure, Protective measures, Rights of children and adolescents

Abstract

In this work we will address the legal situation of children and adolescents under 16 years old who are deprived of their liberty in the province of Córdoba by virtue of the application of the Law 9944. To begin with this approach, we will provide information based on official reports that show that there are children and adolescents of this age group deprived of their liberty in the province of Córdoba. Subsequently, we will show that the legally established measure that
prevents removal by the sole will of the child implies a deprivation of their liberty. Next, a specific approach will be made of the article 87 (f) and it will be argued why it cannot be considered a punitive or a precautionary measure and why a protective measure in favor of children, with the characteristics set out in the law, becomes illegitimate. Lastly, final considerations will be made on the topic addressed.

Author Biographies

  • Alejandro Berrotarán

    Abogado (Universidad Nacional de Córdoba/UNC). Becario Doctoral de CONICET (CIJS). Maestrando en Derecho y Argumentación (UNC)

  • Juan Bautista López

    Abogado (Universidad Nacional de Córdoba/UNC). Profesor auxiliar de Derecho de los Recursos Naturales (Derecho – UNC). Maestrando en Derecho y Argumentación (UNC)

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Published

2021-04-09

Issue

Section

Doctrine and research

How to Cite

ILLEGALITY OF THE DEPRIVATION OF LIBERTY OF CHILDREN AND ADOLESCENTS IN THE PROVINCE OF CÓRDOBA. (2021). Revista De La Facultad De Derecho, 11(2), 67-80. https://revistas.unc.edu.ar/index.php/refade/article/view/32676