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justness Conflicts EssaySituational Analysis on pip-squeakren in Conflict with the Law and the Juvenile Justice System Atty. Sedfrey Candelaria Atty. Aleli Domingo Amanda Roselle Abrera Geo Carb one(a)ll Ma. Victoria Cardona and Tricia OcoAdhikain Para sa Karapatang Pambata (AKAP) of the Ateneo Human Rights Center, Ateneo Law School and United Nations Childrens Fund, 1998. E-mail emailprotected/ emailprotectedThe Philippine Senate, by Resolution No. 109 dated July 20, 1990 sanctioned the Convention on the Rights of the Child (CRC) paving the way for the Conventions implementation at the house servant level. This afforded infantren the set of protective rights related to the juvenile nicety carcass under Articles 37, 39, and 40. The Philippine Government submitted its deference commentaries on these provisions in its Initial Report to the perpetration on the Rights of the Child in 1993. In response, the CRC committee submitted the following principal concerns need for na tional legislation to con unionise with the convention need for efficient mechanisms to monitor the situation of these children in interlocking with the police need for compatibility of the present juvenile judge administration to the principles and provisions of the convention and other international standardsThe development of a situational digest on children in conflict with the justice and the juvenile justice clay is deemed necessary to guide policy-makers in implementing effective programs and procedures to protect the rights of the child. usance of the ResearchLast May 7, 1997, a consultative come toing was conducted, with representatives from the five pillars of criminal justice law enforcement, prosecution, courts, correction and the community.The main purpose was to gather more information and to validate initial observationsand analysis on the status of juvenile justice administration in the Philippines. The objectives of the research were therefore constitut ed as follows To decompose data and lively studies on children in conflict with the law To assess the current situation of the administration of juvenile justice in light of the principles and relevant provisions of the Convention on the Rights of the Child (e.g. Articles 37, 39 and 40) and To recommend practical and achievable steps toward reforming the juvenile justice system.MethodologyThe research team reviewed the data covering 1993 to 1997 on various aspects of the juvenile justice do. This was derived from existing studies, surveys or reports prepared by a number of groups concerned with children in conflict with the law. These materials were supplemented by actual interviews and responses to questionnaires sent to selected institutional respondents. A serial publication of dialogues with judges of designated courts for childrens cases were also conducted from April to June 1997.FindingsThe data reveals that while there are Philippine laws, rules and regulations applicabl e to children in conflict with the law, prosecution and test procedures in general do not make distinctions between bounteous and youthful offenders facing charges before the courts.As regards the profile of the Filipino child in conflict with the law, findings draw that the youthful offender is usually male between the ages of fourteen (14) to seventeen (17) years an elementary ammonia alum a middle child from a low-income family with four (4) to six (6) members charged with property related crimes (robbery and theft) and, undecided to drugs or gang influence.The experience of a number of youthful offenders with the various stages of the juvenile justice process reveals occasional neglect and insensitivity by business holders.AnalysisThe following is a brief analysis of the three sub-sections pertaining to the legal framework and processes, institutional framework, and the narrative and statistical report. It will underscore the strengths as hygienic the gaps of the Philippi ne juvenile justice system as these affect the rights of children in conflict with the law.The discussion of the Philippine legal framework and processes tend to confirm the state of legislative reform in this country, particularly in regard to juvenile justice, as observed by the Committee on the Rights of the Child. It further affirms that while there are laws protecting the rights of children in conflict with the law, Philippine legislators have yet to seriously consider reviewing existing laws.In terms of priority, existing jurisdiction of designated courts over juvenile and domestic dealing cases, including cases of youthful offenders, postulate to be enhanced by passing legislation on the creation of child and family courts. In puff with this reorganization, procedural rules applicable to these courts will be necessary. Therefore, findings of this report on the conduct of court proceedings involving children clear support a move towards restructuring the jurisdiction of so me lower courts a set of procedural rules in the handling of childrens cases anda set of clear-cut criteria for appointment of judges to a specialized child and family court.Various surveys and studies reveal an interesting finding on the average age of youthful offenders to be more or lessly male and between fourteen (14) andmseventeen (17) years of age. Indeed, this is rather signifi weedt in light of the observation of the Committee on the Rights of the Child that Philippine substantive law on the age of penal responsibility is quite a low (below nine (9) years). Socio-cultural factors, however, must be closely considered when reviewing the present standard contained in our penal laws and the Child and Youth Welfare Code.Other substantive rights, such as, the constitutional guarantees of an accused are adequately cover by existing laws. The application and practice of these rights in favor of children facing the justice system do not seem to be monitored effectively by the ke y institutions of the juvenile justice system. An example is the insufficiency of quantitative and qualitative data from the enforcement and judicial sectors concerning compliance with the constitutional and CRC standards on the rights of the youthful offenders at the apprehension, investigation, and trial stages.Selected incidents of violations of the rights of some children arrested, investigated and tried before the courts, as narrated in this report, tend to suggest that there may be more of these incidents in practice occurring at various stages of the juvenile justice process. Non-observance of the CRC standards may be attributed to curt training and lack of sensitivity of some law enforcement personnel, prosecutors and even judges in handling of cases of children in conflict with the law.Given the limits of the existing procedural system dealing with youthful offenders, police, prosecutors and judges have satisfactory discretion now and then to ensure that the procedural l aws aim at diversion footprints rather than passively digest an investigation or judicial process to proceed. It has been emphasized in the said report that every measure be taken to avoid placing the child within the frequently stressful environment of litigation. Sometimes, this is even alter by the protracted delays in the disposition of cases contrary to conventional standards of speedy justice.A more upset reality is the unfortunate condition faced by most detained and sentenced youthful offenders in public jails and identical institutions.Despite clearly stated guidelines, laws and policies regarding the treatment of detained and sentenced juveniles, there exists a startling disregard for a most basic standard. Such is the segregation of children from adult offenders inside detention centers or jails.This continues to stand out as a sore thumb in our review of existing practices on this issue. The objectives of the juvenile justice system could easily be eroded by this s ituation of youth offenders in detention or those do sentence. Neither do most physical facilities and development opportunities for detained or sentenced children adequately meet the standards set by the CRC and related U.N. guidelines. The budget allocated by the government for food and other basic necessities hardly promotes the standard to meet all the requirements of health and human dignity.Rehabilitation programs through (non-institutional) community-based services are being resorted to more often by DSWD. This is a move towards the right direction. However, support services are needed in the form of financial assistance, education, and employment for the returning youthful offender.ConclusionsOne of the remarkable contributions of the CRC to the issue of juvenile justice is the fierceness made on the impact of societal conditions on the growth and development of a child. Several factors work to a childs transformation either into an accomplished member of society or one w ho finds himself or herself in conflict with the law.Within the context of duties and responsibilities, it may be argued that those with the primary right and duty in the rearing of a child deserve the unqualified support of the State authorities and institutions through the creation of an environment conducive to the wholesome development of a child.This research has confirmed that the situation of children in conflict with the law was better understood when viewed not only within the limited context of the steering of the crime itself. Instead, it focused more directly on the failure of some duty-holders to provide for an environmentthat can promote the fullest potential of a child. A convergence of circumstances more often places the child in a situation leading to the commission of a crime. A dysfunctional family relationship, poverty or chum influence create conditions which may push the youth towards conflict with the law.In the Philippine juvenile justice system, the child generally enjoys guarantees distinguishable from adults. However, the judicial process itself, consisting of the criminal procedure and the rules of admissibility of evidence, does not provide an soap mode of conducing trial. The juveniles, as accused before courts of general jurisdiction, are designated to a juvenile and domestic relations court. There is a general impression that the revival of exclusive child and family courts may be put up towards effective management of cases of youthful offenders.The experience of some Filipino youthful offenders with the justice system has been characterized occasionally with neglect and insensitivity by a number of judges, prosecutors and private lawyers, notwithstanding the well-entrenched judicial guarantees. This is not to overlook, however, the new-fangled efforts of inter-agency task forces aimed at raising awareness of the legal profession on the conditions of children in conflict with the law. monastic orders attitude towards retur ning youthful offenders or those in community-based rehabilitation programs is crucial in successfully reintegrating these children. The present report underscores the vulnerability of those youthful offenders staying in closed institutions and prisons.RecommendationsAfter careful analysis and investigation of the situation of children in conflict with the law and realizing the many gaps of the Philippine juvenile justice system, the following recommendations were force Law enforcement officers, prosecutors, judges, court social welfare officers, public attorneys and legal aid groups should be given taste seminarson international human rights instruments and child-related laws with emphasis on juvenile justice Government agencies and institutions engaged in defending youthful offenders should coordinate their efforts in providing protection to these children by establishing a common monitoring system covering the various stages of the juvenile justice system process. Specialized juvenile and domestic relations courts should be created. Support programs for streetchildren and other similarly vulnerable children should be increased as preventive measures. More facilities solely for children who are detained and sentenced should be constructed to prevent mingling with adult offenders. Community awareness of and involvement in non-institutional rehabilitation programs and services should be enhanced. Non-governmental organizations engaged in multi-disciplinary outreach programs with children in conflict with the law should form a meshing to maximize extension of assistance of these children. A comprehensive review of existing laws and procedures on juvenile justice in light of the CRC and other international standard-setting instruments affecting children in conflict with the law should be undertaken for purposes of law reform.