CHR bucks bid to cut minimum age of juvenile offenders to 13

INQUIRER FILE PHOTO

MANILA, Philippines—The Commission on Human Rights (CHR) has opposed a proposal to lower the minimum age of criminal responsibility to 13 years old from 15 years in the proposed amendments to the Revised Penal Code.

The CHR said the proposal was “against the best interest of the child” and “oversimplifies the nature of juvenile offending.”

“It violates the fundamental principles of child protection and welfare, and ignores the available scientific knowledge and research about child development,” the agency said in a statement.

Lowering the minimum age of criminal responsibility is among the items in the proposed New Criminal Code Book 1 that is pending in Congress.

“It will be a shame if we lower the minimum age. It will only show how the government treats our children,” the CHR said.

Earlier, the Department of Social Welfare and Development also registered its objection to the proposal, saying it was a regressive measure.

The CHR argued that “too much time has been wasted debating on whether to lower the minimum age of criminal responsibility, when what should have been done is improve the implementation of our existing laws on juvenile offending.”

“Lowering the [minimum age of criminal responsibility] will just punish the children while remaining oblivious to the root causes of youth offending,” it said.

The CHR cited certain studies that it said showed that it is not age but circumstances which motivates a child to commit criminal offenses.

“The direct and undeniable correlation between poverty and involvement of children in crime is evident in statistics indicating that almost half of crimes committed by children are theft or crimes against property,” the agency said.

The CHR also reminded the government of its obligations as a party to the UN Convention of the Rights of the Child.

It said the Philippine government was even commended in 2009 for raising the minimum age for criminal responsibility from 9 years under the old Revised Penal Code to the current 15 years.

“Once a higher minimum age has been established, the state must not lower it but must only progressively increase the minimum age,” the CHR said.