PH psychological association opposes lowering criminal liability age

The Psychological Association of the Philippines (PAP) has voiced out its opposition to a bill in Congress seeking to lower the age of criminal liability from the current 15 years old to nine, calling instead for a strengthening of the juvenile justice system and existing laws.

Citing scientific research on child development and juvenile delinquency, the group of Filipino psychologists said children and adolescents are “especially vulnerable” to engage in risky behaviors as they have “significantly different” decision-making capacity, impulse control, and overall maturity compared to adults.

“We call for the strengthening of the juvenile justice system through the strict implementation of existing laws that prosecute adults who coerce children to engage in criminal behavior and protect and rehabilitate children in conflict with the law (CICL) through restorative means,” PAP said in a position paper dated Aug. 24.

“The child/adolescent is psychosocially immature compared to adults. Because of still-developing cognitive abilities and limited life experiences, young people are less able and less likely than adults to consider and be guided by the longer-term consequences of their actions,” it added.

Reducing the age of criminal liability was the second House bill filed in the 17^th Congress in the new administration, authored by no less than the Speaker himself Davao del Norte Rep. Pantaleon “Bebot” Alvarez.

READ: Alvarez files bill lowering age of criminal liability

PAP summarized its position in three main points: children and adolescents are still developing in their decision-making capacity; that they are vulnerable to coercion; and that children in conflict with law are “victimized and disadvantaged.”

The group said minors “lack the freedom” to assert their decisions and “extricate themselves from criminal situations,” adding that children are often being abused by adults to engage in criminal acts.

“Youth are powerless in such circumstances because they fear retribution, do not have or are not aware of alternative actions, or look up to or are emotionally attached to the criminal proponents,” PAP said. “Peers and adults serve as models for behavior that adolescents believe will help them achieve their goals. The fact that juvenile crimes tend to take place in groups or gangs points to the significant role of peer influence and pressure.”

The association said the children, compared to adults, would find it more difficult “to act in accordance with what they may discern or know to be right versus wrong action.”

“Studies have shown that while a significant portion of adolescents will engage in some form of delinquent behavior, they will naturally develop out of such behaviors as they become adults. Persistence in criminal behavior over time is a function of pervasive personal and environmental risk factors. These are better addressed through community prevention programs and not through behavior- focused penalties,” the paper read.

READ: Unicef: Lowering criminal liability age harms kids’ well-being

PAP said putting children behinds bars, especially in the same cells as adult criminals, would expose them to physical, sexual, and psychological abuse and underlying mental health issues.

“Detention itself can increase recidivism, that is, an individual’s relapse into criminal or antisocial behavior, thereby rendering such an intervention ineffective and excessively harmful. On the other hand, children who go through community-based interventions or diversion programs are less likely to recidivate than children who are incarcerated,” the group added.

PAP urged the government to implement “restorative justice” by focusing its efforts on “rehabilitation instead of penalization.”

“Children in conflict with law should experience sanctions in community and family settings whenever possible, with development and enhancement of community-based supports and services to prevent recidivism and support the natural process of ‘aging out of delinquency,’” it said.

“They should be excluded from the criminal justice system, protected from exploitative and abusive situations, and given full opportunities to develop into responsible adults who can make meaningful contributions to society,” the group added.

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