Can Argentina Lower the Age of Criminal Responsibility? Law No. 27,801 in Light of International Children’s Rights Law

Abstract

The Law No. 27,801 on the Juvenile Criminal Justice Regime, enacted and promulgated in 2026, substantially amended Argentina’s juvenile justice system, including by lowering the age of criminal responsibility from 16 to 14. This article examines the compatibility of this reform with Argentina’s international obligations, particularly in light of the Convention on the Rights of the Child, the Beijing Rules, General Comment No. 24, and the case law of the Inter-American Court of Human Rights. Through an analysis of Inter-American precedents and comparative regional experiences, it argues that the reform raises serious concerns regarding the principle of non-regression and the best interests of the child.