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A prospective study at prenatal care centers in Orebro County, Sweden
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Under article 4 of the International Covenant on Civil and Political Rights, which El Salvador has ratified, governments may derogate from some of their obligations under the covenant in time of public emergency which threatens the life of the nation.[167] Derogations should be only those strictly required by the exigencies of the situation.[168] The United Nations Human Rights Committee, which is charged with providing authoritative interpretations of the covenant, has made clear that states of emergency may not be used as a justification to violate peremptory norms of international law, for example through arbitrary deprivations of liberty or by deviating from fundamental fair trial principles.[169] Similarly, article 27 of the American Convention on Human Rights allows governments to derogate from some obligations in times of war, public danger, or other emergency that threatens the independence or security of the nation, provided that such measures are strictly required by the emergency and consistent with other obligations under international law.[170] Following the declaration of a state of emergency, the Legislative Assembly passed a set of criminal law reforms that affected rights and significantly expanded mandatory pretrial detention.[171] On March 30, the Assembly reformed the Juvenile Criminal Law, establishing prison sentences for children as young as 12.[172] The reform increased the maximum prison sentence to 10 years for children aged 12 to 15 for gang association and up to 20 years for those aged 16 to 18.[173] These amendments contradict guidance by the UN Committee on the Rights of the Child, an expert body that provides authoritative interpretations of the treaty, which has recommended that states not reduce the minimum age of criminal responsibility under any circumstances and has urged states to increase their minimum age to at least 14 in light of scientific evidence about human development during adolescence.[174] The long prison sentences set by the Assembly also run counter to the Convention on the Rights of the Child, which establishes that imprisonment of children shall be used only as a measure of last resort and for the shortest appropriate time.[175] The reform does not allow for modification, substitution or judicial revocation of a provisional detention measure, and detention can be extended until sentencing.[176] Such provisions violate international human rights standards on due process and the right to liberty and security of the person, which specifically provide that pretrial detention should be the exception rather than the rule, and should be avoided in the cases of children, and run counter to El Salvadors own Juvenile Criminal Law.[177] On March 30, 2022, the legislature also modified El Salvadors Code of Criminal Procedure to allow for indefinite pretrial detention.[178] Previously, the law said that pretrial detention should never exceed 12 months for less serious crimes or 24 months for serious crimes. For defendants accused of being part of terrorist or unlawful association, the new Code of Criminal Procedure eliminates any time limits, violating the right to trial within a reasonable time under the International Covenant on Civil and Political Rights.[179] As the UN Human Rights Committee has noted, [e]xtremely prolonged pretrial detention may also jeopardize the presumption of innocence.[180] The Legislative Assembly also expanded mandatory pretrial detention to apply to all crimes committed by members of gangs.[181] This provision is inconsistent with international human rights standards requiring an individualized determination that pretrial detention is reasonable and necessary for purposes such as preventing flight, interference with evidence, or the recurrence of crime.[182] A law passed on April 5, 2022, allows criminal charges against anyone who participates in the creation, assists or creates any type of publication, image, graffiti or other form of visual expression that explicitly or implicitly transmits messages about or that allude to the various types of gangs.[183] The penalty is up to 15 years in prison
