PHILIPPINES: Bid to lower age of criminal responsibility

[MANILA, 11 February 2008] - A bill lowering the minimum age of criminal liability for a child offender from 15 to 10 years of age has been filed at the House of Representatives in the Philippines.

Baguio Representative Mauricio Domogan said he filed House Bill 3370, which seeks to amend “the Juvenile Justice and Welfare Act of 2006,” to prevent exploitation of teenage offenders aged 10 to 14 by criminals and/or terrorists.

“Exempting the age brackets of 10-14 from criminal liability could be used by unscrupulous minds to justify the offender’s criminal acts,” Domogan said in a statement.

Domogan claimed that children aged nine "know what they are doing“, because radio, television, and Internet coverage means children have enough knowledge to understand criminal acts.

Plans in Korea attacked

The National Human Rights Commission of Korea (NHRCK) criticised similar proposed amendments to the June 2007 version of the Juvenile Act, as proposed by the Ministry of Justice.

Included are plans to lower the minimum age of consideration for juvenile criminals and young offenders from 12 years of age to 10 years of age.

The Commission said the current minimum age should be maintained in order to align with global trends, which suggest raising the minimum age for criminal responsibility.

The UN Standard Minimum Rules for the Administration of Juvenile Justice, otherwise called the Beijing Rules, says: "In those legal systems recognising the concept of the age of criminal responsibility for juveniles, the beginning of that age shall not be fixed at too low an age level, bearing in mind the facts of emotional, mental and intellectual maturity."

Further information

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