children in conflict with the law.rtf

7/25/2019 children in conflict with the law.rtf

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How old is old

enough?Childhood is a relativeterm. While thePhilippine government

adopted the UN CRC(convention on therights of children)denition of children as

those below 1 !ears ofage" socio#c$lt$ralrealities ma%e &ad$lts'o$t of ilipino children

even before the! reach1. or man! ad$lts" a 1#


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!ear#old who bears achild willingl! or$nwillingl! ceases to bea girl#child b$t a !o$ngmother. *n 11#!ear#oldwho ta%es on the tas% of

tilling the elds ceasesto be a bo! b$t alabo$ring farmhand

* 1+#!ear#old whospends most of his timeat a wage#factor!ceases to be a !o$ng

adolescent b$t abreadwinner. * ,#!ear#old girl made to peddle


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committing an o2ence.3ost children in con0ictwith the law havecommitted pett! crimes ors$ch minor o2ences asvagranc!" tr$anc!"

begging or alcohol $se

Are there anylaws that

promote theprotection of

children inconict with


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the law?

Internationallaw*ccording to *rticles 45and 67 of the Conventionon the Rights of the Child(1,,)" children in con0ict

with the law have theright to treatment thatpromotes their sense ofdignit! and worth" ta%es

into acco$nt their age andaims at their reintegrationinto societ!


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United NationsChildrens Fund

*lso" placing children incon0ict with the law in aclosed facilit! sho$ld be ameas$re of last resort" tobe avoided wheneverpossible. he conventionprohibits the imposition ofthe death penalt! andsentences of life

imprisonment for o2encescommitted b! persons$nder the age of 1


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Domestic Law

R* ,466 8r the 9$venile9$stice and Welfare *ct

of :77+. ;t shall coverthe di2erent stagesinvolving children at ris%and children in con0ict

with the law fromprevention torehabilitation andreintegration.

RA !"#! or the actstrengthening the $u%enile$ustice s&stem in the


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'hili((ines

he *ct maintained thee


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@estr$ctive arson Rape

Carnapping where the driveror occ$pant is %illed or raped

*nd o2enses $nderRep$blic *ct No. ,1+

(Comprehensive@angero$s @r$gs *ct of:77:) p$nishable b!more than 1: !ears ofimprisonment" shall bedeemed a neglectedchild $nder Presidential@ecree No. +74 *samended and the childshall )e mandatoril&(laced in a s(ecial*acilit&within the !o$th


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care fac$lt! or Aaha!Pag#asa called ;ntensive9$venile ;nterventionand B$pport Center.

3oreover" repeato2enders" or children

who have committedcrimes more than threetimes" wo$ld also beconsidered as neglected

children and" as s$ch"m$st $ndergointervention programss$pervised b! the local

social welfare anddevelopment ocers.he law wo$ld impose


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the ma


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s$bected to tort$re orother cr$el" inh$man or

degrading treatment orp$nishmentD

(b) the right not to beimposed a sentence of

capital p$nishment or lifeimprisonment" witho$tthe possibilit! of releaseD

(c) the right not to bedeprived" $nlawf$ll! orarbitraril!" of hisEherlibert!D detention orimprisonment being adisposition of last resort"

and which shall be for theshortest appropriateperiod of timeD


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acts and ig$res 3ore than 1 million children

worldwide are detained b! lawenforcement ocials.

;n man! prisons and instit$tions"children and !o$ng persons areoften denied the right to medicalcare" ed$cation and individ$aldevelopment

(d) the right to be treated withh$manit! and respect" for theinherent dignit! of the person"and in a manner which ta%esinto acco$nt the needs of a

person of hisEher age. ;npartic$lar" a child deprived oflibert! shall be separated fromad$lt o2enders at all times. No


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child shall be detained togetherwith ad$lt o2enders. =eEBhe

shall be conve!ed separatel! toor from co$rt. =eEBhe shallawait hearing of hisEher owncase in a separate holdingarea. * child in con0ict with the

law shall have the right tomaintain contact with hisEherfamil! thro$gh correspondenceand visits" save in e


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deprivation of hisEherlibert! before a co$rt orother competent"independent andimpartial a$thorit!" andto a prompt decision on

s$ch actionD(f) the right to bail andrecogniFance" inappropriate cases

(g) the right to testif! as awitness in hisEher own behalf$nder the r$le one


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stages of the proceedingsD (i) the right to diversion if

heEshe is G$alied andvol$ntaril! avails of thesameD

() the right to be imposed a$dgment in proportion to

the gravit! of the o2ensewhere hisEher best interest"the rights of the victim andthe needs of societ! are allta%en into consideration b!

the co$rt" $nder the principleof restorative $sticeD

(%) the right to haverestrictions on hisEher personal

libert! limited to the minim$m"and where discretion is givenb! law to the $dge todetermine whether to impose


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ne or imprisonment" theimposition of ne being

preferred as the moreappropriate penalt!D

(;) in general" the right toa$tomatic s$spension ofsentenceD

(m) the right to probation as analternative to imprisonment" ifG$alied $nder the ProbationHawD

(n) the right to be free from

liabilit! for per$r!"concealment ormisrepresentationD and

(o) other rights as provided for$nder e


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s$bected to anintervention program"

$nless heEshe has actedwith discernment" inwhich case" s$ch childshall be s$bected to the

appropriate proceedingsin accordance with this*ct. he e


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$stice to deal with

childrenI ;t promotes

rehabilitation thatinvolves families and

comm$nities as a safer"more appropriate ande2ective approach thanp$nitive meas$res.

9$stice s!stemsdesigned for ad$ltsoften lac% the capacit!to adeG$atel! address

these iss$es and aremore li%el! to harm thanimprove a child-s


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chances forreintegration intosociet!.

;nternationalorganiFations s$ch asUN;CJ strongl!

advocates diversion(directing children awa!from $dicialproceedings and

towards comm$nit!sol$tions)" restorative$stice (promotingreconciliation"

restit$tion andresponsibilit! thro$ghthe involvement of the


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child" famil! members"victims andcomm$nities)" andalternatives to c$stodialsentencing (co$nselling"probation and

comm$nit! service).

,uilding a(rotecti%e

en%ironment *orchildren Governments

commitment and

capabilityhese are cr$cial to

promote and s$pport


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policies that enco$ragethe $se of alternatives todeprivation of libert!. *proper approach to$venile $stice alsoreG$ires that e2orts be

made to prevent childrenfrom coming into con0ictwith the law in the rstplace. his is wor% for the

entire societ!" not $st thegovernment

*ttit$des" c$stoms and

practices Children incon0ict with the lawma! be portra!ed as


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/wic%ed- or threatening"and pres$mptions ofcharacter need to bechallenged. heestablishment ofappropriate $venile

$stice mechanisms canbe dic$lt if p$blicopinion favo$rs to$gherresponses and harsher

sentences.

-(en discussion

he media can promoteappropriate approaches tochildren in con0ict with


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the law" incl$dingprobation and comm$nit!service. 8bective andresponsible reporting ofcrimes committed b!children K and the ab$ses

the! face in contact withthe law K can increasep$blic s$pport for $venile$stice

Capacit! of families andcomm$nities Capacitiesneed to be strengthened to

enable comm$nit!involvement in the processof restorative $stice. Haw


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enforcement ocials sho$ldbe familiar with constr$ctive

approaches that ma%e itpossible to avoid formalarrest and detention ofchildren in con0ict with the

law. Capacit! and%nowledge of $venile$dges" magistrates" socialwor%ers and police need tobe strengthened andincreased in the area of$venile $stice

Jssential services"

incl$ding for prevention"recover! and reintegrationBervices sho$ld be in


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place o2ering comm$nit!based and famil!#foc$sedassistance so that childrencan achieve rehabilitationand avoid repeat o2ences.3onitoring" reporting and

oversight hese areneeded to determine then$mber of children indetention" the proportion

of those awaiting trial andtrends in sentencing

3onitoring can ens$re

that detention is neitherillegal nor arbitrar!" thatchildren have access to


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all basic social services"and that the! are notdetained alongsidead$lt prisoners ande

children in conflict with the law.rtf

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