Preventive Arrest of Minors: Between Necessity and Protection of Fundamental Rights

Abstract

The preventive detention of minors is an exceptional measure intended to protect public order and ensure the administration of justice, but it raises issues related to the respect of children’s fundamental rights. Although international and national legislation provides that this measure should only be applied as a last resort and for a minimum period, in practice, minors may be exposed to inadequate detention conditions, affecting their psychological and social development. The justification for preventive detention is based on the prevention of serious crimes and the avoidance of evasion of criminal responsibility, but there is a risk that this measure contributes to recidivism and social marginalization. In this context, alternative solutions, such as judicial supervision or placement in specialized centers, are considered more effective for the reintegration of minors. A balance between the need to protect society and respect the rights of the child is essential. Legislative reforms and the implementation of educational and rehabilitation measures can help reduce the negative impact of detention on minors, ensuring both public security and respect for their rights.

Received: 20 April 2025 / Accepted: 12 June 2025 / Published: 25 June 2025