Should we lower the age of the criminal responsibility?
Introduction:
MANILA, 18 January 2019 – UNICEF is deeply concerned about ongoing efforts in
Congress to lower the minimum age of criminal responsibility in the Philippines below
15 years of age. The proposed lowering vary from 9 and 12 years, and goes against the
letter and spirit of child rights. There is a 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.
Counter Argument:
UNICEF supports the Philippine government, as a signatory to the United Nations
Convention on the Rights of the Child (UNCRC), 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. 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. Scientific studies show that brain function reaches
maturity only at around 16 years old, affecting children’s reasoning and impulse control.
Argument:
Proposals to lower the age of criminal responsibility argue that children as young as 9
years old are criminally mature and are already capable of discernment. If this was the
case, then why is the legal age to enter marriage, legal contracts and employment in the
Philippines at 18 years old? 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.
The current proposal is to delay sentence up to a maximum age of 25 years. 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. There is no
mechanism to protect these children from cohabiting with hardened criminals and no
guarantee that in detention they will be protected from violence and exploitation in jail.
Detaining children will not teach them accountability for their actions.
Conclusion:
Branding children as criminals removes accountability from adults who are responsible
for safeguarding them. If children who have been exploited by criminal syndicates are
penalized instead of the adults who abused them, we fail to uphold the rights and well-
being of children. If we fail to understand the underlying reasons how and why children
commit crimes, we as adults, fail our children.