Humanist proposals

National
The passion to kill of the State
Humanist proposals
Por: Carlos Damián 1 de Abril, 2012
Adolescents' social basic necessities without attention
México. - On Wednesday 28 of March, the camera of deputies approved for majority. The federal law of Justice for Adolescents that it establishes new procedures to process smaller offenders of between 12 and 18 years; it reduces from 18 to 14 years the minimum age so that an individual can be imputed by the commission of a crime and it establishes a new régime of sanctions for the adolescents that violate the law; it substitutes the system of guardian advice for teenagers and it decrees the preventive prison for the cases of illicit federal among which are mentioned: homicide, terrorism, crimes against the health, violation, kidnapping, assault in highways, qualified robbery and possession of weapons, among others.

This law establishes other reclusion forms, as the house’ prison and the imprisonment per hour. It is expected that these “restrictions ", the law deepens the precariousness that the youths face in the country, since this situation would imply a serious setback in the procurement of the guarantees of population's sector. It cannot refuse that the teenagers’ delinquency constitutes a problem of great social danger in the contemporary Mexico and that the State should have appropriate juridical instruments to make in front of that scourge. But the referred law passes for high that the existence of adolescent offenders is consequence of a social order characterized by the poverty, the fall social behind, the unemployment and the lacks as regards education, health, housing and culture for the population in particular.

The passion to kill
In a similar environment, with the consequent lack of horizons of personal development beyond the informal economy, the emigration and the delinquency, it is unavoidable that the population's sector is particularly prone to be been by the criminal groupings, and it is devastating that the same institutions that have been unable to provide alternative of survival they don't have more answer to such a problem than the criminalization, the persecution and the punishment. It is not simply reasonable to combat the referred phenomenon so complex just by coercive and legal measures. It is reasonable for the state to combat the phenomenon of the delinquent children and serial murderers trying eat it bigger than age for the graveness of the infraction.

These beings whose group embraces, between children and adolescents will have to take into account the differences that exist among diverse groups of criminals with political rights, levels of responsibility and rehabilitation potential without this implies a giving up on the part of the State of its obligation to offer the social re-insertion of the adolescents that violate the law without either forgetting the graveness of its crime either federal or state. In the context of a society that considers suspects all social group that emerges of the poverty and with backdrop the unjust circumstance that they face as a consequence of the effective economic politics, the approval of the referred law hopes the state takes the pertinent measures so that a passion to kill is not observed against this population group.

With out the humanization process
On the other hand, the guarantee of the Legislative to the normative ones mentioned it must be contrasted with the federal Executive's indolent and remiss attitude that he has not wanted to promulgate the law of Migration endorsed by both cameras of the Congress during the first half of last year. How it denounced the own Chamber of Deputies in an agreement point the federal government's unjustifiable delay it stops the actions, the application of mechanisms and instruments foreseen in this law to offer protection to the strange migrants.

The senators rejected that they has gone down to 14 years the penal age. To those who have that age and make serious crimes, of drug traffic and in general of organized crime, they will be deprived of the freedom, but not in jails, but in special centers for minor of age that will substitute to the guardian jails where still the most serious crime like violation or serial murderer's crime in organized crime the sentence more serious was three year-old. We should know that there is not guardian advice and with this law it is looked for to traffic of the old and obsolete model to guide one of guarantee. Now with this measure the direct relationship of the caused damages, without being able to be inferior neither superior to five years when the adolescent or young-adult has an age of among 14 completed years and less than 17 to the moment to carry out the behavior, and when he has a 16 year-old age and less than 18 years he won't be able to be inferior to two years neither superior to seven years.
In the context of a society that considers suspects to the population's sector, as backdrop the criminalization of the poverty and of the social accusation, these children, adolescents and men of scarce resources don't have another way to leave the poverty that to be recruited by the cartels of the drugs. Either for action, or for omission of the authorities and the instances legislatives the effective legal mark in the country deepens the precariousness circumstances and of vulnerability that face the population's sectors with out defense, as the children, youths and the migrants, this circumstance constitutes a firm one denied to the humanist pretenses that systematically the federal executive proclaims, and it puts on the other hand in perspective, with out the humanization process for which they cross the justice, the law and the institutions of Mexico. (La Jornada, cultura, p.p. 8 – 10, March 30, 2012).