Children in conflict with the law

HUMAN RIGHTS

How old is old enough?

 Childhood

is a relative term. While

the Philippine government adopted
the UN CRC (convention on the rights
of children) definition of children as
those below 18 years of age, sociocultural realities make adults out
of Filipino children even before they
reach 18.

 For

many adults, a 15-year-old who

bears a child willingly or unwillingly
ceases to be a girl-child but a young
mother. An 11-year-old who takes on
the task of tilling the fields ceases to
be a boy but a labouring farmhand

16-year-old who spends most of his

time at a wage-factory ceases to be
a young adolescent but a
breadwinner. A 9-year-old girl made
to peddle her body on the streets
becomes a commodity. An 8- yearold boy on the street stealing
someones money for food is a
criminal.

Who are the children in

conflict with the law?
The

term children in conflict with the

law refers to anyone under 18 who
comes into contact with the justice
system as a result of being
suspected or accused of committing
an offence. Most children in conflict
with the law have committed petty
crimes or such minor offences as
vagrancy,
truancy,
begging
or
alcohol use.

Are there any laws that

promote the protection
of children in conflict
with the law?

International law
According

to Articles 37 and 40 of
the Convention on the Rights of the
Child (1989), children in conflict with
the law have the right to treatment
that promotes their sense of dignity
and worth, takes into account their
age and aims at their reintegration
into society.

United Nations
Childrens Fund

 Also,

placing children in conflict with

the law in a closed facility should be
a measure of last resort, to be
avoided whenever possible. The
convention prohibits the imposition
of the death penalty and sentences
of life imprisonment for offences
committed by persons under the age
of 18.

Domestic Law
RA

9344 Or the Juvenile Justice and

Welfare Act of 2006. It shall cover
the different stages involving
children at risk and children in
conflict with the law from prevention
to rehabilitation and reintegration.

RA 10630 or the act strengthening the

juvenile justice system in the
Philippines
The

Act maintained the exemption

from criminal liability of children
aged fifteen (15) years old.

However, a child who is above 12 years of age up to 15

years of age and who commits:
Parricide
Murder
Infanticide
Kidnapping
And serious illegal detention where the victim is killed
or raped
Robbery with homicide or rape
Destructive arson
Rape
Carnapping where the driver or occupant is killed or
raped

 And

offenses under Republic Act No.

9165 (Comprehensive Dangerous
Drugs Act of 2002) punishable by
more than 12 years of imprisonment,
shall be deemed a neglected child
under Presidential Decree No. 603 As
amended and the child shall be
mandatorily placed in a special
facility within the youth care faculty
or Bahay Pag-asa called Intensive

 Moreover,

repeat offenders, or children

who have committed crimes more than
three times, would also be considered as
neglected children and, as such, must
undergo intervention programs
supervised by the local social welfare
and development officers. The law would
impose the maximum penalty for those
who exploit children such as syndicates,
for the commission of criminal offenses.

What are Childrens

rights?

Rights of children in conflict with the law

under the local justice system.

(a)

the right not to be subjected to torture or

other cruel, inhuman or degrading treatment
or punishment;
(b) the right not to be imposed a sentence of
capital punishment or life imprisonment,
without the possibility of release;
(c) the right not to be deprived, unlawfully or
arbitrarily, of his/her liberty; detention or
imprisonment being a disposition of last
resort, and which shall be for the shortest
appropriate period of time;

Facts and Figures

More

than 1
million children
worldwide are
detained by law
enforcement
officials.
In many prisons
and institutions,
children and
young persons are
often denied the
right to medical
care, education
and individual
development

 (d)

the right to be treated with humanity and respect,

for the inherent dignity of the person, and in a
manner which takes into account the needs of a
person of his/her age. In particular, a child deprived
of liberty shall be separated from adult offenders at
all times. No child shall be detained together with
adult offenders. He/She shall be conveyed separately
to or from court. He/She shall await hearing of his/her
own case in a separate holding area. A child in
conflict with the law shall have the right to maintain
contact with his/her family through correspondence
and visits, save in exceptional circumstances;

 (e)

the right to prompt access to

legal and other appropriate
assistance, as well as the right to
challenge the legality of the
deprivation of his/her liberty before a
court or other competent,
independent and impartial authority,
and to a prompt decision on such
action;
(f) the right to bail and recognizance,

 (g)

the right to testify as a witness in his/her own

behalf under the rule on examination of a child
witness;
(h) the right to have his/her privacy respected fully
at all stages of the proceedings;
(i) the right to diversion if he/she is qualified and
voluntarily avails of the same;
(j) the right to be imposed a judgment in proportion
to the gravity of the offense where his/her best
interest, the rights of the victim and the needs of
society are all taken into consideration by the
court, under the principle of restorative justice;

 (k)

the right to have restrictions on his/her personal

liberty limited to the minimum, and where discretion is
given by law to the judge to determine whether to impose
fine or imprisonment, the imposition of fine being
preferred as the more appropriate penalty;

(I)

in general, the right to automatic suspension of

sentence;
(m) the right to probation as an alternative to
imprisonment, if qualified under the Probation Law;
(n) the right to be free from liability for perjury,
concealment or misrepresentation; and
(o) other rights as provided for under existing laws, rules
and regulations.

Age of Criminal Responsibility

A

child fifteen (15) years of age or

under at the time of the commission
of the offense shall be exempt from
criminal liability. However, the child
shall be subjected to an intervention
program pursuant to Section 20 of
this Act.

child above fifteen (15) years but below

eighteen (18) years of age shall likewise be
exempt from criminal liability and be
subjected to an intervention program, unless
he/she has acted with discernment, in which
case, such child shall be subjected to the
appropriate proceedings in accordance with
this Act. The exemption from criminal liability
herein established does not include
exemption from civil liability, which shall be
enforced in accordance with existing laws.

Why do we need a separate system of justice to

deal with children?

It

promotes rehabilitation that involves

families and communities as a safer,
more appropriate and effective
approach than punitive measures.
Justice systems designed for adults
often lack the capacity to adequately
address these issues and are more
likely to harm than improve a childs
chances for reintegration into society.

 International

organizations such as UNICEF

strongly advocates diversion (directing
children away from judicial proceedings and
towards community solutions), restorative
justice (promoting reconciliation, restitution
and responsibility through the involvement
of the child, family members, victims and
communities), and alternatives to custodial
sentencing (counselling, probation and
community service).

Building a protective
environment for children.
Governments

commitment and

capability
These are crucial to promote and
support policies that encourage the
use of alternatives to deprivation of
liberty. A proper approach to juvenile
justice also requires that efforts be
made to prevent children from
coming into conflict with the law in
the first place. This is work for the

 Attitudes,

customs and practices

Children in conflict with the law may
be portrayed as wicked or
threatening, and presumptions of
character need to be challenged. The
establishment of appropriate juvenile
justice mechanisms can be difficult if
public opinion favours tougher
responses and harsher sentences.

Open discussion
The

media can promote appropriate

approaches to children in conflict
with the law, including probation and
community service. Objective and
responsible reporting of crimes
committed by children and the
abuses they face in contact with the
law can increase public support for
juvenile justice.

 Capacity

of families and communities

Capacities need to be strengthened to enable
community involvement in the process of
restorative justice. Law enforcement officials
should be familiar with constructive
approaches that make it possible to avoid
formal arrest and detention of children in
conflict with the law. Capacity and knowledge
of juvenile judges, magistrates, social
workers and police need to be strengthened
and increased in the area of juvenile justice.

Essential services, including for prevention,

recovery and reintegration Services should
be in place offering community based and
family-focused assistance so that children
can achieve rehabilitation and avoid repeat
offences. Monitoring, reporting and
oversight These are needed to determine
the number of children in detention, the
proportion of those awaiting trial and trends
in sentencing.

 Monitoring

can ensure that detention

is neither illegal nor arbitrary, that
children have access to all basic
social services, and that they are not
detained alongside adult prisoners
and exposed to violence and abuse.