The products of the environment are the children whose families reflect the way of how

their own families, community, and society reflect their ways of life. As the Filipino family

prioritize the welfare of the children and other family members, families gradually come in

contact with struggle and the need to survive. To cope with the situations, children are

sometimes forced to stop schooling or volunteer to find work so that they may be able to

contribute to the family’s income. (​UNDERSTANDING CHILDREN IN CONFLICT WITH THE

LAW: CONTRADICTIONS ON VICTIMISITION, SUVIVOR BEHAVIOR AND THE PHILIPPINE

JUSTICE SYSTEM 11-12​) The minors in Addis Ababa have involved themselves in theft and

fighting for many reasons. Many felt that with poverty and being unaware of the penalties of

their choices have led them into difficult situations. There would be times when children would

get involved in gang activities because their parents hardly controlled them. Some said that they

were influenced by the movies they have watched and just needed to steal money to feed on

their vices. (​Save the Children 22​) From Addis to Dessie, children have said that the impact of

becoming in conflict with the law range from the loss of trust, people talking badly about them,

missing school, being beaten by families and the police, abandoned by their families, tormenting

shame, and to being sent to rehabilitation centres. But in expense of what they committed, they

have learned from their mistakes and would not want to get into the same situations again.

(​Save the Children 22​) The government and NGO’s concerned should ensure that more

children in conflict with the law have access to interventions.

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 It is important to understand the children in conflict with the law (CICL), thus the need to

know the terms that would be encountered in the paper. According to the child protection

information sheet, “The term ‘children in conflict with the law’ refers to anyone under 18 who

comes in contact with the justice system as a result of being suspected or accused of

committing an offense.” (​CHILD PROTECTION INFORMATION SHEET: CHILDREN IN

CONFLICT WITH THE LAW n.p.​) These children are detained mostly because of minor crimes

such as petty theft, drug usage, and vagrancy. A “child at risk” refers to a child who is vulnerable

to and at risk of committing criminal offenses because of various difficult personal, family, and

social circumstances. An intervention refers to the series of activities which were designed to

address issues that caused the child to commit an offense. A “youth detention home” refers to a

24-hour child caring institution managed by accredited local government units or licensed

non-government organizations. A “youth rehabilitation centre” refers to a 24-hour residential

care facility that provides care, treatment, and rehabilitation managed by the Department of

Social Welfare and Development (DSWD), local government units (LGUs) or NGOs monitored

by DSWD. The “community-based programs” are programs provided in a community setting

developed for the purposes of intervention and diversion. The “diversion program” is a program

that the CICL is required to undergo after he or she is found responsible for an offense without

resorting to formal court proceedings.

There are different forms of violence that the CICL experience. From the time that the

CICL is arrested to the time they enter their cells, they are already exposed to violent treatment

and extreme bullying. Some children said in an interview that they experienced violence at the

police station by being mauled, punched, whipped and slapped, their heads being dunked in

2
water as well as physical abuse. In other places, there have been reports that there were civilian

volunteer organizations that beat up the CICL upon arrest and encouraged the public to do the

same. Police officers were also said to be encouraging the adult prisoners to beat the CICL

when placed in the same cells as them. The abuses ranged from strong verbal abuse such as

shouting and calling of names, the pointing of guns to sexual abuse. (​BREAKING RULES:

Children in Conflict with the Law and the Juvenile Justice Process THE EXPERIENCE IN THE

PHILIPPINES 45​) They also experience violence through the failure to protect the privacy of the

CICL. This occurs when police blotter stories end up in media reports, when CICL are

interviewed without their consent in front of cameras, may the gadget be moving or not, or when

CICL plead that they are innocent of the accusation said to them yet they are forced to go

through different kinds of torture and physical abuse. (​UNDERSTANDING CHILDREN IN

CONFLICT WITH THE LAW: CONTRADICTIONS ON VICTIMISITION, SUVIVOR BEHAVIOR

AND THE PHILIPPINE JUSTICE SYSTEM 43​) The negative effects of being in jail, mostly

experienced by first offenders have the CICL worried about finding work, scared of returning to

school because they might be teased or bullied, or by the discrimination of the public. For those

who got used to being in custody, said that they would not be affected because they have either

been hardened or they are no longer afraid of jail and committing another offense. (​BREAKING

RULES: Children in Conflict with the Law and the Juvenile Justice Process THE EXPERIENCE

IN THE PHILIPPINES 48​)

In the Philippines, there are two related studies that show the current state of the CICL in

the country. In the personal profiles, CICL are said to be predominantly male, aged 17 at the

time of commission, and mostly reside in the city of Manila or Quezon City. The children are

either finished or currently enrolled in grade 6, first or second year high school, live with their

3
parents who are still alive or those who are living together as husband and wife, and their

parents mostly work in service industries with low wages. The children are mostly working as

vendors before they are arrested. Only a small number of children are living with either a partner

or members of a gang. In the legal profiles, the criminal charges of the CICL mostly involve

crimes against poverty, persons and violations of ordinances, special laws, and drug-related

offenses. Complaints against cases of children are mostly involved with persons and sex-related

offenses which also include other children. The drug-related offenses usually include the usage

and selling of shabu and rugby. For theft and robbery crimes, the most common items that CICL

steal are cell phones, clothes and shoes, wallets and bags, jewellery and accessories.

Most of the time upon entering the jail, the CICL are forced to exchange their clothes for

old ones. The clothes taken from them are then sold by the older inmates. Also, new inmates

are told to pay Php 0.25 to Php 10 for medicines and other necessities. Due to rare family visits,

the CICL form gangs to be able to feel safe. In most jails, the budget for food is Php 30/day

making hunger and petty theft common. Children are sometimes made servants or sexually

abused by adults emphasizing the importance of separation of children from adults.

(​BREAKING RULES: Children in Conflict with the Law and the Juvenile Justice Process THE

EXPERIENCE IN THE PHILIPPINES 47​)

To protect the rights of the children, there are some social interventions done by the

different governments and NGOs. An advocacy campaign that enhances the protective

environment of children: Campaign for the Universal Ratification of the Optional Protocols to the

Convention on the Rights of the Child and the Paris principles and Paris commitments both

consolidate global humanitarian and works to protect children by the Office of the UN High

4
Commissioner on Human Rights (OHCHR). Optional Protocol on the Involvement of Children in

Armed Conflict focuses on the provision of moral and legal protection to children and the

Probation Service which allow specialized probation office workers to work with the children by

The United Nation Children’s Fund (UNICEF). Youth in Action Groups is a program that offers

counselling, career guidance, and basic skills learning programs and The Youth Development

and Rehabilitation Centre provides reformative and rehabilitative training, and basic and

vocational education by the United Nations Development Programme (UNDP). General

Comment No. 10 is a project that promotes the implementation of the Convention of Rights of

the Child in the different governments and They Sky is for All Project is a program that assists

CICL in the process of reintegration by the Defence for Children International (DCI). The

Signature Programs that demonstrates new innovative ways to help transform children’s lives

and the “No Child Born to Die” is a campaign that ensures that every child is within reach of a

health worker by Save the Children UK (SCUK). (​Save the Children Annual Report 2011 n.p.​)

Functional Family Therapy is a program for juvenile offenders for family therapy and the

Aggression Replacement Training is a program that includes methods like group and individual

counselling, social skills, behaviour management, and parent training by the Juvenile Justice

Group (JJG).

There are two major features of the juvenile law as the primary legal basis of the juvenile

justice welfare programs and interventions. “Diversion means referring cases away from formal

criminal justice proceedings towards community support to avoid the negative effects of being

implicated in such proceedings.” (​Improving the Protection of Children in Conflict with the Law in

South Asia 17​) “Restorative justice is an approach that recognises how crime affects the victim,

the community and the offender. Its primary focus is to repair the damage caused by the

5
offence, to make reparation to the community and to the victim, and to return the offender to a

productive place in the community.” (​Improving the Protection of Children in Conflict with the

Law in South Asia 17​)

After the CICL underwent necessary rehabilitation and reintegration provided by the

different social interventions by the government and NGOs concerned, the rates of CICL in

different places have decreased. There were higher rates of children graduating from high

school and elementary school. CICL who have passed are qualified to take the next level of

learning in high school, elementary school, or vocational, a 4-5 year course for those who have

graduated high school. There are more children who are given opportunities with a better

restorative justice system and more children who are attending rehabilitation centres or activities

while waiting for court decision or reintegration. Also, people in society are given opportunities

to practice social interventions.

For more CICL to benefit from the interventions, the government and NGOs must work

for the best interest of the CICL. They must advocate for the application of restorative justice

system to make the intervention programs work. The government should promote community

level protection and diversion for the CICL. (​RESEARCH ON THE SITUATION OF CHILDREN

IN CONFLICT WITH THE LAW IN SELECTED METRO MANILA CITIES 184-185​) The court

should not hear a case involving a first offender unless: diversion has been tried and failed, child

did not admit to offense, or is a matter of extreme violence. All police and barangay officers

should receive training to know what is expected of them when involved with the CICL. There

should be political will and allocation of budget for full implementation of juvenile justice law. The

collaboration and partnership among government and NGOs to provide relevant education

6
programs for the CICL, especially for those who are in detention homes/rehabilitation centres

and for those who need follow-up education programs, reasonable accommodation, and

protection from discrimination after being dismissed from their court cases. The government and

NGOs should also monitor and evaluate social interventions and community-based programs to

ensure the effectiveness. (​BREAKING RULES: Children in Conflict with the Law and the

Juvenile Justice Process THE EXPERIENCE IN THE PHILIPPINES 81-83​)

In conclusion, there are lessons learned and main points that need to be emphasized.

First, the CICL placed in custody lose their most significant support system, which is their family.

With the absence of the presence of their family, the child feels sad and lonely. The child is also

deprived of the support and guidance that they should be getting during such a crucial time.

Second, most children are arrested due to petty offenses. If the government were to do a proper

approach to the juvenile justice, the child would have been prevented from coming in conflict

with the law in the first place. Third, people should conduct awareness-raising activities that

promote a better understanding on the situation of the CICL, thus preventing other people from

treating the CICL differently from others. With media, promotion of the appropriate approaches

to the CICL could help in decreasing the abuse faced by the CICL in society and increase the

public support for juvenile justice. The nation must do what is necessary and appropriate in

order to properly rehabilitate children that have been victims of any form of violence for these

children to get back on their feet. (​O’Donell 164-165​) Lastly, NGOs and local government should

review and regularly monitor the implementation of law and ordinances pertaining to children.

Monitoring can ensure that the children have access to all basic social services and allow them

to know that they will not be detained with adult prisoners and expose them to violence abuse.

7
(​CHILD PROTECTION INFORMATION SHEET: CHILDREN IN CONFLICT WITH THE LAW

n.p.​)

BIBLIOGRAPHY

Balgos, Cecile C.A. ​A Reporter’s GUIDE THE CHILD WITH A FISH FOR A TWIN (OR HOW _

_ NOT TO WRITE ABOUT CHILDREN)​. Pasig, Metro Manila, Philippines: Philippine

Center for Investigative Journalism, 1995.

Benaning, Marvyn N. “CHR concerned over kids in jail Demands compliance with juvenile laws.”

​Manila Bulletin​. 27 May 2010: 13.

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Inter-Parliamentary Union and UNICEF. ​Improving the Protection of Children in Conflict with the

_ Law in South Asia​. Kathmandu, Nepal: Inter-Parliamentary and UNICEF, 2007.

Lipsey, Mark W., James C. Howell, Marion R. Kelly, Gabrielle Chapman, and Darin Carver.

Improving the Effectiveness of Juvenile Justice Programs​. Washington, D.C.:

Georgetown Public Policy Institute, 2010.

O’Donell, Daniel. ​CHILDREN ARE PEOPLE TOO A guide to the Convention of the Rights of the

_ Child for students and teachers​. Pasig City: ANVIL PUBLISHING INC., 1996.

Save the Children. ​A CHANCE FOR EVERY CHILD Annual Report 2011​. London: Save the

Children, 2011.

Save the Children. ​Gaining Respect The voices of children in conflict with the law​. London, UK:

Save the Children, 2006.

Save the Children UK. ​BREAKING RULES: Children in Conflict with the Law and the Juvenile ​_

Justice Process THE EXPERIENCE IN THE PHILIPPINES​. Quezon City, Philippines: Save

the Children UK, 2004.

Save the Children UK. ​RESEARCH ON THE SITUATION OF CHILDREN IN CONFLICT WITH

_ ​_ ​THE LAW IN SELECTED METRO MANILA CITIES​. Quezon City, Philippines:

Save the Children UK, 2004.

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Save the Children UK.​ UNDERSTANDING CHILDREN IN CONFLICT WITH THE LAW: ​_

​_ CONTRADICTIONS ON VICTIMISATION, SURVIVOR BEHAVIOUR AND THE

​_ PHILIPPINE JUSTICE SYSTEM A Study of the Situation of Children in Conflict

with the _ ​_ Law in Davao​. Quezon City, Philippines: Save the Children UK, 2004.

The United Nations Children’s Fund (UNICEF). ​CHILD PROTECTION INFORMATION SHEET:

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