UNICEF urges Senate not to lower minimum age of criminal responsibility

With the Senate set to debate on proposals to lower the minimum age of criminal responsibility, the United Nations' children's agency UNICEF over the weekend urged Congress to implement the Juvenile Justice Law instead.

In a statement released Sunday, UNICEF called on the legislative chambers to look into providing rehabilitation services to children who commit crimes instead of treating them as criminals.

"Do not to lower the minimum age of criminal responsibility. Congress must support the full implementation of the Juvenile Justice and Welfare Act," the statement read.

"Children in conflict with the law are already victims of circumstance, mostly because of poverty and exploitation by adults. Children need access to rehabilitation services because they deserve a second chance. They need to be protected and not further penalized," it added.

The lower chamber in January approved on final reading the measure which lowers the age of responsibility of children in conflict with the law to 12 years old, from the current 15.

Those in favor

Last September, Senate President Vicente "Tito" Sotto III filed a bill lowering the minimum age of criminal responsibility (MACR) to 13, while Senator Richard Gordon said earlier this year that he was for lowering the minimum age to 12.

Gordon, who chairs the Senate's justice and human rights committee, said that President Rodrigo Duterte requested lowering the minimum age.

“Nirequest ni President Duterte ‘yan e. Hindi naman ako pasunod-sunod, sabi pa nga 9 years old, e. Sabi ko hindi, 12 tayo," he said.

Speaker Gloria Macapagal-Arroyo, for her part, said outright that she was pushing for the measure because Duterte wanted it. At the time, the bill as approved by the House justice committee put the MACR at nine years old.

The House plenary would later move the age up to 12 years old. 

Duterte had said he wanted the minimum age to be nine so that parents would be "conscious of the criminal accountability already," but added that he was "okay" with 12 years old.

The UNICEF statement also comes as the Commission on Elections (Comelec) is set to declare the winning candidates in this year's midterm polls.

A number of the possible incoming senators, based on the partial and unofficial results, are also in favor of lowering the minimum criminal age of responsibility.

These include Ronald "Bato" dela Rosa, Bong Go, Imee Marcos, Aquilino "Koko" Pimentel III, Francis Tolentino, and Cynthia Villar, all supporters and allies of Duterte.

Against lowering MACR

A survey released by Social Weather Stations (SWS) in January found that the majority of Filipinos support keeping the MACR at 15.

A draft document from the United Nations Committee on the Rights of the Child (UNCRC), meanwhile, said that 12 years is "too low" as a threshold.

The country’s leading alliances of pediatricians, child psychologists, psychiatrists, neurologists, and medical specialists united to express their strong opposition to lowering the criminal liability age., saying that it “violates children’s rights” and “lacks scientific evidence.”

An association of sociologists in the country said the move is a threat to the future and well-being of Filipino children, "particularly those coming from at-risk backgrounds and are living in vulnerable and marginalized situations."

Children's rights groups also said that the measure is "anti-poor, anti-human rights, and anti-children" and that it would worsen child labor in the country.

The Catholic Bishops' Conference of the Philippines (CBCP) also urged lawmakers to rethink their controversial proposal. "There is no way we can call ourselves a civilized society if we hold children in conflict with the law criminally liable," the CBCP said.

'Need for a separate juvenile system'

"[L]et us be reminded that all children must be treated with dignity and accorded their inalienable rights with utmost respect and protection," said UNICEF in its statement.

Citing RA 9344 or the Juvenile Justice and Welfare Act, UNICEF said current laws uphold that a child must not be treated as an adult, and gives priority to rehabilitation and restoration rather than punishment.

"The law makes it clear—without a doubt—that there is a need for a separate juvenile justice system where detention is the last resort," it said.

"The erring child must be rehabilitated and reintegrated into society if the child must take responsibility for his or her action and mend the broken relationship with the community and the victim," the agency said.

"UNICEF urges the Philippine Government to celebrate the 13th anniversary of the Juvenile Justice and Welfare Act by upholding the rights and best interests of the children and to lead the full and effective implementation of the law. It is, without question, an ideal policy which exemplifies the highest level of child protection," said UNICEF.

"We call on the Government to work with child rights defenders and strengthen the juvenile justice system for the sake of all Filipino children." — Jon Viktor D. Cabuenas/BM, GMA News