The criminal treatment of adolescents in ecuador: a dogmatic review of the reform to the comprehensive organic criminal code from the perspective of the rights-based paradigm of criminal law

Abstract

This article analyzes the criminal treatment of adolescents in Ecuador following the reform of the Comprehensive Organic Criminal Code (COIP), introduced by the Reform Law published in Official Gazette Supplement No. 107 of June 10, 2021, which substantially modified the Juvenile Criminal Responsibility System (SRPA). The objective of this study is to critically examine the regulatory changes—especially those related to Article 386 and Book III, Title I, Chapter I of the COIP—and evaluate their consistency with constitutional principles and international human rights standards applicable to persons under 18 years of age in conflict with the law. The research was conducted using a dogmatic-legal methodology, complemented by the analysis of official statistics, constitutional and ordinary jurisprudence, and technical documents on the functioning of the juvenile criminal justice system. The findings reveal persistent challenges, such as insufficient specialized training for justice system personnel, a lack of uniformity in the application of sanctions, weaknesses in socio-educational intervention programs, and difficulties in the social reintegration of adolescents. Furthermore, a gap is observed between the rights-based approach envisioned by the Constitution—in Articles 35, 44, 77, paragraph 1, and 78—and the operational reality of the system. In conclusion, although the legal reforms represent significant progress toward a more specialized juvenile justice system, their effective implementation remains limited, which necessitates an institutional, pedagogical, and cultural transformation to consolidate a fully rights-based system oriented toward the best interests of the child.