San Salvador: El Salvador published Tuesday, April 15, 2026, a new law allowing authorities to sentence minors as young as 12 to life imprisonment for serious crimes, including homicide, terrorism, and rape. The measure, which took effect April 26, is part of a package of hardline policies pushed by President Nayib Bukele under the state of emergency in force since March 2022.

The measure was approved through a constitutional reform ratified by the Legislative Assembly on March 26, 2026, overwhelmingly controlled by Bukele's Nuevas Ideas party. According to official data, more than 91,500 people have been arrested since the state of emergency took effect, which has been renewed 49 consecutive times. Civil society organizations estimate the prison population exceeds 130,000 inmates, and at least 500 people have died in state custody between the start of the regime and March 2026.

Criticism from International Human Rights Bodies

The Inter-American Commission on Human Rights (IACHR) warned that imposing life sentences on children and adolescents is incompatible with inter-American jurisprudence and constitutes a disproportionate penalty, given that social reintegration should be the ultimate goal of criminal sanctions. Human Rights Watch documented in a 2024 report arbitrary detentions, torture, and inhumane treatment of minors under the state of emergency. The International Group of Experts for the Investigation of Human Rights Violations under the State of Emergency in El Salvador (GIPES) published its final report noting that crimes against humanity may have been committed.

The Government's Argument

Bukele's government defends the state of emergency arguing it has dismantled MS-13 and Barrio 18 gangs, which dominated El Salvador, achieving a 98% reduction in the homicide rate in the 2015-2024 period. In 2025, El Salvador had the highest incarceration rate in the world, with approximately 1.7% of its population in prison, double that of the second-highest country.