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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