The National Union of Peoples’ Lawyers (NUPL) joins child rights advocates, human rights defenders, and concerned sectors in opposing renewed proposals to lower the minimum age of criminal responsibility (MACR).
These proposals run contrary to international child rights standards, scientific evidence on child development, and the principles underlying our juvenile justice system. The United Nations Convention on the Rights of the Child (CRC) and the UN Committee on the Rights of the Child, through General Comment No. 24, have called on States not to lower the MACR below 14 years of age and to move toward higher age thresholds that reflect children’s evolving capacities, developmental needs, and cognitive maturity.
Republic Act No. 9344, as amended, recognizes that children in conflict with the law should be dealt with through a justice system that prioritizes intervention, diversion, and restorative justice. Weakening these protections would constitute a significant step backward in the advancement of children’s rights.
The tragic incidents of school violence in Tacloban and Cavite should not be used to justify lowering the MACR. Rather than resorting to punitive measures, policymakers must address the underlying causes of juvenile offending, including poverty, disempowering education system, abuse, neglect, social exclusion, and unmet developmental and mental health needs. These incidents likewise highlight the responsibility of parents, schools, communities, and government to ensure the safety and well-being of children.
At a time when violence and impunity continue to persist in society, including against human rights defenders, church workers, women, youth, and children, lowering the age of criminal responsibility will not make our communities safer. What is needed are stronger child protection mechanisms, accessible social services, quality education, and effective community-based interventions.
NUPL reiterates that the appropriate response to juvenile offenses is not the criminalization of younger children but the meaningful and sustained addressing of its root causes in a manner that upholds children’s rights.###
Reference:
Atty. Katherine A. Panguban
NUPL Committee on Women and Children Head
+639566730301
