Children are NOT criminals
"Detention of the child is not a solution-focused based approach. Effective intervention involves collaboration with families and community as well to rehabilitate the child".
Last year, Davao Del Norte Rep. Alvarez filed House Bill No. 2, seeking to lower the minimum age of criminal liability from 15 years to 9 years of age within the Philippines. Many advocates for children's rights, including international aid agencies and local government representatives, explicitly opposed the Bill as a major violation of international laws and conventions including the United Nation's Convention on the Rights of the Child.
As a child rights advocate and residential social worker, I personally oppose the punishment and criminalization of minors who are almost always victims of various circumstances such as poverty and inequitable social structures. Lowering the minimum age of criminal responsibility (MACR) is a reflection of an unjust and unreasonable justice system that further punishes and discriminates against the most vulnerable and disenfranchised members of society.
History shows us that those children who are violating social norms are often victims of neglect, exploitation, and social economic hardship. How the child acts and behaves is an indicator of his/her environment.
Inappropriate behaviour of the child is often a manifestation of a dysfunctional family. These children also lack basic necessities such as food, shelter, parental supervision, education and normal childhood development. Poverty is having no shelter. Poverty is illiteracy. Poverty is being sick and unable to access necessary health programs. Poverty is the root cause of why most of these children end up in situations that they did not choose. Poverty robs children of the possibility to just be kids. Poverty is the main barrier between the child and his/her rights.
Children have hopes and dreams for their futures which are often set aside because of their present situation. Society sadly turns away from these children; they are unseen, unheard, unloved.
Lawmakers should focus on empowering families and communities rather then imposing laws without considering the future of our children. They should develop strategies to prevent the underlying problems that cause children to violate laws. Making the Local Council for the Protection of Children (LCPC) more active to raise awareness in the community is one of the best strategies as well as properly implementing R.A 9344 or JJWA (Juvenile Justice Welfare Act of 2006).
I believe that God is not silent when it comes to the welfare of these children. He is not silent to our burden. We should not be silent about the situations of our children. Everything we inculcate to children today will dictate our nation tomorrow.
Children are not criminals. They should be treated fairly, and with respect and dignity.
I say NO to lowering the MACR in the Philippines, and YES to the proper implementation of JJWA and R.A 9344.