Sociologists oppose lower criminal liability age, push for ‘restorative justice’

An association of sociologists in the Philippines has opposed the bill lowering the minimum age of criminal responsibility to 12 years old and instead called for the pursuit of "restorative justice" for children in conflict with the law (CICL).

In a statement posted on their Facebook page, the Philippine Sociological Society (PSS) slammed the move as a "threat to the future and well-being of Filipino children and youth, particularly those coming from at-risk backgrounds and are living in vulnerable and marginalized situations."

Sociologists for restorative justice pic.twitter.com/wLNa6ewhiy

— Philippine Sociology (@PSS_SociologyPH) January 28, 2019

Sociologists maintained that the Juvenile Justice Welfare Act of 2006, in its own current form and content, "adheres and responds to the need to protect the rights of Filipino children in conflict with the law."

They added that the law "allows the provision of facilities and interventions for their rehabilitation rather than subjecting them to punitive treatment within the formal criminal justice system -- and to counteract previous instances of unjustly putting them behind bars, alongside adult offenders."

For the PSS, the proposed amendment which sets minimum age of criminal liability at 12 years old "centers on the issue of age" rather than "assessing those intervention-related provisions that should have been allocated adequate resources to ensure their proper implementation."

Instead, the PSS calls for the "pursuit of restorative justice, rather than the criminalization, of these vulnerable Filipino children who come into conflict with the law, often because of their circumstances."

They added that, as sociologists, it is their mission to "advance the understanding of Filipino society and to be human rights, and dignity, especially for people experiencing forms of marginalization."

They also emphasized that the passage of RA 10630 earned the Philippines the status of a "juvenile justice advocate as the country is a signatory of several international agreements centered on protecting the rights of the juvenile.

"The PSS calls on the House of Representatives, Senate and President Rodrigo Duterte to recognize and respect these agreements as these guarantee the protection of the Filipino children in accordance with the standards provided for by these international laws," they said.

The government was also urged to promote the well-being of Filipino children and their families, involve parents and guardians in the rehabilitation of CICL as part of the existing law, avoid the deprivation of liberty of CICL by criminalizing them, protect the privacy and rights of all children.

"The PSS hopes that our government will continuously adhere to child-sensitive policies that promote a restorative rather than punitive justice and welfare system for CICL, in order to serve the best interests of Filipino children and youth growing up in these challenging times," the statement added. —Margaret Claire Layug/ LDF, GMA News