El Salvador Life Sentences for Minors Age 12 and Up Take Effect — IACHR Says Law Is Incompatible With International Standards
El Salvador's constitutional reforms enabling life imprisonment for minors as young as 12 convicted of homicide, feminicide, rape, or gang membership entered into force on April 26, 2026. The Inter-American Commission on Human Rights called the measure incompatible with inter-American jurisprudence five days before implementation.
Constitutional reforms authorizing life prison sentences for minors aged 12 and older in El Salvador took effect on April 26, 2026, thirty days after the Legislative Assembly ratified the changes on March 26. President Nayib Bukele signed the reforms into law and they were published in the Diario Oficial on March 27.
The reforms amended the Penal Code, the Juvenile Penal Law, and the Judicial Organic Law. Under the new framework, adolescents between 12 and 18 can receive life sentences upon conviction for homicide, feminicide, rape, or membership in gangs or terrorist organizations. The Judicial Organic Law amendments convert existing juvenile courts into criminal courts with jurisdiction over these cases.
Previously, El Salvador's maximum sentence for minors aged 12 to 16 was 10 years; for those 16 and older, it was 15 to 20 years. The prior maximum for adults was 60 years. Under the new law, a mandatory sentence review becomes available after 25 years for minors, 30 years for adults, 35 years for individuals convicted of multiple crimes, and 40 years for cases with aggravating factors.
IACHR Response
On April 21, 2026, the Inter-American Commission on Human Rights issued Press Release 66/26, stating that it continues to monitor the effects of El Salvador's state of emergency on human rights. In the release, the IACHR stated that imposing life sentences on children and adolescents is "incompatible with inter-American jurisprudence" and constitutes a "disproportionate penalty" given that social reintegration must be a fundamental objective of juvenile sentencing. The Commission urged El Salvador to comply with its international obligations.
UNICEF also expressed "deep concern" over the reforms ahead of their implementation.
Context
Bukele's government has maintained a state of emergency in El Salvador since March 2022, initially declared as a temporary measure in response to a surge in gang violence. The state of emergency has been extended continuously. El Salvador's homicide rate has fallen sharply during the period, though human rights organizations have documented mass arbitrary detentions and prison conditions violations in connection with the emergency measures.
The life-sentence reforms represent the most significant expansion of the state of emergency's legal framework to date, extending its approach from mass detention to potentially permanent incarceration of individuals convicted of gang-related crimes starting at age 12.