Unicef calls for full, effective implementation of juvenile law

The Senate will resume debates today on the proposal to lower the minimum age of criminal responsibility.

As such, the United Nations Children’s Fund (Unicef) has joined the call of the Council for the Welfare of Children, civil society organizations, professional associations, child protection experts, well-meaning citizens, parents and the youth in opposing any attempt to lower the minimum age of criminal responsibility.

According to Unicef, Congress should instead “support the full implementation of the Juvenile Justice and Welfare Act.”

“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,” the agency said.

Unicef made the urgent call Sunday, on the eve of the 13th anniversary of the Juvenile Justice and Welfare Act.

It reiterates its commitment to promote the rights of all children, including children in conflict with the law and children-at-risk.

“As we celebrate this milestone, let us be reminded that all children must be treated with dignity and accorded their inalienable rights with utmost respect and protection,” the agency said.

Adopted on May 20, 2006 and amended in 2013, RA 9344 or the Juvenile Justice and Welfare Act (JJWA) promotes the creation of a child-friendly justice system focused on rehabilitation and restoration rather than punishment.

It upholds the basic principle that a child must not be treated as an adult as enshrined in the United Nations Convention on the Rights of the Child (CRC) signed and ratified by the Philippines: "The child, by reason of his physical and mental immaturity, needs special safeguards and care, including appropriate legal protection, before as well as after birth."

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.

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, Unicef pointed out.