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CIVICS-Current events
Philippines Today
"A 9 year-old behind bars"
-Lowering the criminal age liability-
Plenary Hall, House of Representatives PH. (This is not my own image, credits to the owner)
"A 9 year-old behind bars", that idea disturbs me in many ways; I'm sure you understand why. To be honest, there may also be a possibility you feel that way too.
First of all, I did not use such a headline for my article to tell you that the idea of lowering the criminal age liability is terrible; rather, I wanted to show you the cunning, and deceitful techniques of media. This is how most media companies function. They attract high amounts of attention by producing rather insidious headlines, deceitful "clickbait" of the online era if you may.
- For example:
-Do you see what I mean?
The sad part about this, is that when it comes to the more intricate issues like extra judicial killings and what not, masses of people are mislead. That contributes to the great division between the Filipino people; it also adds to the numbers rebelling towards our government.
In recent news: The controversial debate of lowering the criminal age liability in the Philippines, has been a very bloody issue so far. Unfortunately, the news is quite biased in many ways, and so the public needs to be very careful with whatever subtle propaganda they may come into contact with.
Now, knowing all these facts, let us proceed with a clear, and open mind.
The Headline(shared publicly on Facebook)
-The Main Article-
The reason lowering the criminal age liability scares us, is the thought that children as young as the age of 9, would be detained in the same prison cell with a stone cold criminal. Surely, doing something such as that would destroy any hopes of a good future for these children.
They'd be spending youth within the ruthless, overcrowded walls of Manila city jail. They'd be facing the constant inevitable's such as: verbal, physical, and sexual abuse. Surely, no one would want to promote such a desolate future for our country's next generation. Don't worry, our government is no longer distant in such issues; thus they created the "Juvenile Justice and Welfare Act of 2006".
Republic Act No. 9344
AN ACT ESTABLISHING A COMPREHENSIVE JUVENILE JUSTICE AND WELFARE SYSTEM, CREATING THE JUVENILE JUSTICE AND WELFARE COUNCIL UNDER THE DEPARTMENT OF JUSTICE, APPROPRIATING FUNDS THEREFOR AND FOR OTHER PURPOSES
CHAPTER 1
TITLE, POLICY AND DEFINITION OF TERMS
Section 1. Short Title and Scope. – This Act shall be known as the “Juvenile Justice and Welfare Act of 2006.” It shall cover the different stages involving children at risk and children in conflict with the law from prevention to rehabilitation and reintegration.
SEC. 2. Declaration of State Policy. – The following State policies shall be observed at all times:
i. The State recognizes the vital role of children and youth in nation building and shall promote and protect their physical, moral, spiritual, intellectual and social well-being. It shall inculcate in the youth patriotism and nationalism, and encourage their involvement in public and civic affairs.
ii. The State shall protect the best interests of the child through measures that will ensure the observance of international standards of child protection, especially those to which the Philippines is a party. Proceedings before any authority shall be conducted in the best interest of the child and in a manner which allows the child to participate and to express himself/herself freely. The participation of children in the program and policy formulation and implementation related to juvenile justice and welfare shall be ensured by the concerned government agency.
iii. The State likewise recognizes the right of children to assistance, including proper care and nutrition, and special protection from all forms of neglect, abuse, cruelty and exploitation, and other conditions prejudicial to their development.
-But why do we have to lower the age of criminal responsibility?
“Children in conflict with the law at present grow in numbers. Sad to say, minors are getting bolder and braver. These young people have emboldened themselves and criminal syndicates have capitalised on the age 15 as being free of criminal liability [….] The age of minors involved in crimes is getting younger. They are prey to unscrupulous and ruthless criminal syndicates. This representation believes in the restorative system of justice, thus, lowering the age of criminal responsibility.”
-Gustavo S. Tambunting
Rep. of the Second District of Parañaque
The problem is that a mammoth percentage of youth nowadays, boldly commit crimes, knowing they can get away with it. Syndicate's also manipulate youth to commit crimes for them, knowing that they can get away with it.
Now Allow me to break the news, I support lowering the criminal age responsibility. I believe that apart from plain justice, it is essential that the children are disciplined; they must be taught that by breaking the law, an individual must take responsibility for the consequences of a crime.
-Why?
I believe this is an opportunity that the Philippine government can use to care for, nurture, and guide the confused next generation. Most especially, for the big number of them who are underprivileged children who get into crime, just so they can survive.
I support lowering the age of criminal responsibility under three conditions:
i. They should not be subject to the death penalty
ii. Placing criminal responsibility should be a case to case basis; not simply one that is fully dependent on age. It must be first determined if the child acted on purpose, and not by accident.
iii. They should not be detained within the usual prison facilities (if they are, they're going to receive torture, not discipline.). Instead, there should be separate rehabilitation facilities for them; facilities meant to prepare them for the day they re-enter society (If it possible, there should also be similar facilities for their parents/guardians; meant to equip them about how to raise a child.).
Here's a beautiful model we can follow from the way, Norway establishes it's prisons:
-Credits to the owner of the video-
My views regarding prison, and what should happen in a prison (whether it be an adult or a juvenile facility) has now changed. Indeed I support the idea of "properly" preparing an individual to re-enter society, through "Restorative Justice Programs". What do you think?
-Ethan :)