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Revista Médica del Uruguay

On-line version ISSN 1688-0390

Abstract

SZOKIRA, Alexei; VEIRANO, Carolina  and  ZUNINO, Carlos. Responsabilidad penal en adolescentes: una mirada desde la bioética. Rev. Méd. Urug. [online]. 2014, vol.30, n.3, pp.179-183. ISSN 1688-0390.

Abstract The Uruguayan society is currently discussing a constitutional bill to reform Article 43 of the Constitution of the Republic. The aim is to change the criminal liability of adolescents so that they are as liable as adults as from 16 years old. Several national entities stated they are against this proposal. The present study aims to contribute to the public debate from a bioethical perspective with a human rights approach. Protection bioethics is useful to approach this issue. Adolescents are vulnerable because of the stage they are undergoing in life, and the gradually become more vulnerable due to several factors. The establishment and respect of their rights are essential to mitigate this situation and they need to be encouraged, protected and respected equally, for everybody in our social order. The idea of amending article 43 opposes the current paradigm of adolescents' rights. Treating them as adults is harmful for them their families and society as a whole. Adolescents progressively acquire autonomy and responsibilities, and they need to be liable for their actions according to their development and how mature they are.

Keywords : ADOLESCENT; CRIMINAL LIABILITY; BIOETHICS; CHILD ADVOCACY [legislation & jurisprudence].

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