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,
socio-cultural
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

A 16-year-old who
spends most of his time
at a wage-factory
ceases to be a young
adolescent but a
breadwinner. A 9-yearold girl made to peddle

her body on the streets

becomes a commodity.
An 8- year-old 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
Juvenile Intervention
and Support Center.
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, in
appropriate cases

(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.
A 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
entire society, not just the
government

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.