All parents will agree that children should be raised in a disciplined environment where they are taught how to be accountable for their actions. But many parents believe that this doesn’t mean they are to be judged based on adult standards.
Several legislators, however, disagree. There is currently a bill proposing that the minimum age of criminal responsibility be lowered from 15 to 9 years old.
If approved, it will amend the existing Republic Act 9344 or Juvenile Delinquency Act of 2006. According to a Rappler report, the congressmen pushing the said bill believe that the current age of criminal liability is guilty of “pampering… youth offenders who commit crimes knowing they can get away with it. Worse, adult criminals – individually and/or in organized cabal – knowingly and purposely make use of youth below 15 years old to commit crimes, such as drug trafficking, aware that they cannot be held criminally liable.”
photo: dreamstime
The congressmen who have also petitioned to restore the Death Penalty, wish to revise the existing law as follows:
“A child nine (9) years of age and above but below eighteen (18) years of age shall likewise be exempt from criminal liability and subjected to an intervention program unless he/she is determined to have acted with discernment, in which case he/she shall be subjected to appropriate proceedings in accordance with this Act. The exemption from criminal liability herein established does not include exemption from civil liability, which shall be enforced in accordance with existing laws.”
Next page: 5 reasons why the age of criminal liability should not be lowered
Though the bills are back by President Rodrigo Duterte, many children’s rights organizations are strongly opposing it, such as development and humanitarian organization, Plan International Philippines.
Here are five reasons why the age of criminal liability should not be lowered according to them.
1. Children are not tiny adults (and should not be treated as such)
Citing neuroscience research, Plan International Philippines claim that brains do not fully develop until they are in their 20s. Since they’re too young to vote or get married, why should it be legal for them to be jailed as an adult?
2. Lowering the age of criminal liability will not lower crime rates
According to PIP, only 17.2% of crimes are committed by children. A majority of this are thefts, which can be linked to poverty. “Children are victims of the circumstances they are born into,” wrote Plan International Philippines on their Facebook page.
3. Crime syndicates may start exploiting younger children
Lowering the age of liability will only push syndicates to use children under the age of 9 to commit their crimes for them.
4. The law needs to be IMPLEMENTED, not AMENDED
The Juvenile Justice Law is meant to create a “separate justice system for children”. Within this system, young offenders can be given access to proper rehabilitation facilities such as counselling as well as prevention and intervention programs.
However, Plan International Philippines believes that government implementation is weak and efforts must be focused on proper implementation.
5. A prison is no place for children
Since there are no appropriate youth care facilities, children may be incarcerated in regular jails where they may be subjected to violence and abuse.
“Do we punish the children just because we failed to implement the Juvenile Justice Law?” wrote Plan International Philippines in closing.
What do you think, moms and dads? Should the minimum age of criminal liability stay the way it is?
READ: Should 9-year-olds be charged for crimes? Two congressmen think so
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