Children in Conflict with the Law and the Juvenile Justice Process THE EXPERIENCE IN THE PHILIPPINES
Save the Children UK is a member of the International Save the Children Alliance, the world’s leading independent children’s rights organisation, with members in 27 countries and operational programmes in more than 100 countries. Save the Children works with children and their communities to provide practical assistance and, by influencing policy and public opinion, bring about positive change for children.
BREAKING RULES: Children in Conflict with the Law and the Juvenile Justice Process The Experience in the Philippines Published by: Save the Children UK 3/F FSS Building 1 89 Scout Castor Street, Quezon City, Philippines Copyright 2004 Save the Children – UK Philippines Programme ISBN: 971-92959-0-2 This publication is copyright but may be reproduced by any method without fee or prior permission for teaching purposes, but not for resale. For copying in any other circumstances, prior written permission must be obtained from the publisher, and a fee may be payable.
Technical editing by: Wilma T. Bañaga Book Design and Layout by: Dok Pavia Photography by: Michael Amendolia/Network Photographers Printed by: Art Angel Printshop
Cover Photo: Courtesy of Adhikain Para sa Karapatang Pambata – Ateneo Human Rights Center
List of Acronyms Glossary List of Tables and Figures Acknowledgements Foreword Executive Summary
vii viii ix x xi xiv
Objectives of the Research Methodology Significance of the Study Organisation and Highlights Related Studies
Summary of Relevant International Instruments and Philippine Legislation International Laws Philippine Legislation The Proposed Legislation on a Comprehensive National Juvenile Justice System Barangay Legislation Local Ordinances
Profile of Children in Conflict with the Law
Poverty Background General Characteristics of Children in Conflict with the Law Trends in Offending
Children in Conflict with the Law at Different Stages within the Justice System Offending Upon Arrest Before Arraignment or Trial Arraignment Sentencing by the Family Court Detention Rehabilitation Early Release and Aftercare Programmes
Diversion at Different Stages
Experiences of Diversion in Cebu Experiences of Diversion in Metro Manila Experiences of Diversion in Davao
Children’s Perceptions of their Experiences in the Criminal Justice System Reasons for Committing Offences Violence in the Hands of the Authorities Bribery/Settlement Failure to Protect the Privacy of CICL CICL and Legal Representation Location of the Child Situation in Jails Effect of Jail Experience on CICL CICL’s Attitude Towards Rehabilitation Centres Lack of Awareness and Understanding of What was Happening Improving Treatment and Reducing the Number of CICL in Metro Manila
Summary of Findings and Conclusions
First Offenders Monopolise the Children’s Justice System Community-Based Diversion Diversion at the Level of the Police Violence against CICL and Failures in Due Process by Law Enforcers Bail Increased Budget to Improve Conditions in Custodial Centres Lack of Access to Information and Failures in Due Process Violation of CICL’s Privacy Outdated Law Works Against Proportionality Court Practice and Non-custodial Sentences Conditions in Jails and Rehabilitation Centres Prevention of Offending Children’s Participation in CICL Issues Violations and Denials of Children’s “Best Interest”
Gaps and Issues Concerning Duty-Bearers in the Five Pillars of the Justice System Community Law Enforcement – The Police and the Tanods Prosecution Court Correction The Roles of the Five Pillars and Policy Makers
Recommendations for Programme Work and Advocacy
Working for the Best Interest of the CICL in the Community Working for the Best Interest of the CICL at the...
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