Whitout borders in perspective

Derechos, salud y oportunidad en la adolescencia

Abstract

This article delves into the roots of the Argentine juvenile criminal system and its way of confronting children and adolescents affected by the use of psychoactive substances. Through an examination of national regulations –spanning juvenile criminal law, mental health, and childhood and adolescence frameworks– in dialogue with international standards and both national and Inter-American jurisprudence, a stark truth emerges: the incompatibility between the old welfare-punitive model and the horizon of human rights. What prevails today is an authoritarian paradigm that not only undermines guarantees, but also deepens exclusion and multiplies stigma. Hence the pressing urgency of fostering a reform capable of giving rise to a more humane and holistic system, where health, social inclusion, and restorative justice are interwoven as a
path of dignity for young people.