UNICEF calls gov't not to lower age of criminal liability, says stronger implementation of juvenile law needed

The United Nations Children's Fund (UNICEF) on Thursday expressed concern over the proposal of Senate President Vicente "Tito" Sotto III to lower the minimum age of criminal responsibility, noting that lawmakers should instead improve the implementation of the Republic Act No. 9344 or the Juvenile Justice and Welfare Act (JJWA) of 2006.

In a press release, UNICEF pointed out that children who have become involved in illegal activities are also victims as they supposedly did not experience a nurturing environment.

"To brand children as criminals removes the responsibility and accountability from adults who have failed them. Children in conflict with the law are victims of circumstance, mostly because of poverty; and because they are not able to access a caring, nurturing and protective environment," UNICEF said.

Sotto filed Senate Bill 2026 because, according to him, criminal syndicates are exploiting the provisions of of the juvenile justice law by using minors in the commission of crimes.

The bill states that a child below 18 years of age but above 12 at the time of the commission of the crime would be held criminally liable and subjected to the appropriate proceedings, unless proven that he/she acted without discernment.

The senator said the bill would give clarity to the true intention of the law and the amendment will institutionalize the criminal liability of teenagers who commit serious criminal offenses.

For UNICEF, lowering the age of criminal responsibility to stop criminality and curb adults from using children in committing illegal activities is a "flawed argument."

"Already disadvantaged children, exploited by adults should not be further penalised.  They should be protected and supported," UNICEF said.

"Detaining or institutionalising children are the least effective and the most expensive measures for preventing reoffending. Evidence shows that community based interventions have more impact," it added.

The UNICEF also said changing the present law would only weaken the system of prevention of juvenile offending and rehabilitation.

"By lowering the minimum age of criminal responsibility, syndicate groups who exploit children into committing crimes for them, will instead use and abuse even younger children to commit their wrongdoings," the agency added.

It underscored that what is needed is not an amendment but a "stronger implementation" of the law, adding that Congress must support the efforts of agencies such as the Juvenile Justice and Welfare Council, Department of Education, and the Department of Social Welfare and Development in handling children.

The UNICEF urged the government to "uphold its responsibility to respect, protect, and fulfill children’s rights by not lowering the age of criminal responsibility and instead focus on the full implementation of the existing juvenile justice law."

"We join the groups who are advocating for the rights of the child and agree that it is in their best interests to retain the minimum age as it is and to support the programs on restorative justice," the UNICEF said. — BAP, GMA News