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UNICEF: If 9 is age of discernment, then why is the legal age to enter contract, get married at 18?
Published January 18, 2019 9:09pm
The United Nations International Children's Emergency Fund (UNICEF) said it was "deeply concerned" with moves at the House of Representatives to lower the minimum age of criminal responsibility to nine years of age, calling it "an act of violence against children."

In a statement, UNICEF Philippines representative Lotta Sylwander said the planned move by the lower chamber "goes against the letter and spirit of child rights."

According to the child welfare group, studies show that brain function reaches maturity only at around 16 years old, "affecting children's reasoning and impulse control."

If some lawmakers believe that children as young as nine years old are capable of making discernment, then why is the legal age to enter marriage, legal contracts and employment in the Philippines at 18 years old, UNICEF asked.

"A 9-year old child has not yet even reached the age of puberty and their brains are not developed to understand the consequences of actions," it said.

The House committee on justice would finalize next week the bill that would lower the age of criminal responsibility from 15 to nine years old. The bill seeks to amend Republic Act 9344or the Juvenile Justice Law of 2006, which sets the minimum age of criminal liability at 15 years old.

According to the law, those between 15 and 18 years old may be detained in youth centers and go through rehabilitation programs. Those under 15 years old are exempted from criminal liability and will undergo intervention.

UNICEF noted the lack of evidence and data that children are responsible for the increase in crime rates committed in the Philippines.

"Lowering the age of criminal responsibility will not deter adult offenders from abusing children to commit crimes," she said.

As a signatory to the UN Convention on the Rights of the Child, UNICEF reminded the Philippine government of its obligation "to ensure that children grow up in a safe environment protected from crime and violence."

"Sadly, lowering the age of criminal responsibility is an act of violence against children," the international group said.

"Children in conflict with the law are already victims of circumstance, mostly because of poverty and exploitation by adult crime syndicates. Children who are exploited and driven by adults to commit crimes need to be protected, not further penalized. Instead they should be given a second chance to reform and to rehabilitate," it added.

UNICEF said there is no mechanism to protect the children from cohabiting with hardened criminals and no guarantee that while in detention, they would be protected from violence and explotation.

"If a child is jailed at 9 years old it means that they may have to waste away their life for 17 years under imprisonment until they can get a sentence for the crime committed," it said.

It said that the current Juvenile Justice and Welfare Law already holds children in conflict with the law accountable for their actions.

"It provides them with rehabilitation programs using the framework of restorative, not punitive justice," it added.

"In order to maximize their potential to contribute to nation-building, children must grow up in a caring, nurturing and protective environment. This requires strong parenting support programs and access to health, education and social services as well as to child-sensitive justice and social welfare systems," UNICEF added. —LDF, GMA News

As a signatory to the UN Convention on the Rights of the Child, UNICEF reminded the Philippine government of its obligation "to ensure that children grow up in a safe environment protected from crime and violence."