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Law Conflicts

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Law Conflicts
Situational Analysis on Children in Conflict with the Law and the Juvenile Justice System
Atty. Sedfrey Candelaria; Atty. Aleli Domingo; Amanda Roselle Abrera; Geo Carbonell;
Ma. Victoria Cardona and Tricia Oco
Adhikain Para sa Karapatang Pambata (AKAP) of the Ateneo Human Rights Center, Ateneo Law School and United Nations Children’s Fund, 1998.
E-mail: ahrc@acc.aiti.admu.edu.ph/ manila@unicef.org

The Philippine Senate, through Resolution No. 109 dated July 20, 1990 ratified the Convention on the Rights of the Child (CRC) paving the way for the Convention’s implementation at the domestic level. This afforded children the set of protective rights related to the juvenile justice system under Articles 37, 39, and 40. The Philippine Government submitted its compliance commentaries on these provisions in its Initial Report to the Committee on the Rights of the Child in 1993. In response, the CRC committee submitted the following principal concerns:

• need for national legislation to conform with the convention • need for efficient mechanisms to monitor the situation of these children in conflict with the law • need for compatibility of the present juvenile justice system to the principles and provisions of the convention and other international standards

The development of a situational analysis on children in conflict with the law and the juvenile justice system is deemed necessary to guide policy-makers in implementing effective programs and procedures to protect the rights of the child.

Purpose of the Research

Last May 7, 1997, a consultative meeting 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 data and to validate initial observations and analysis on the status of juvenile justice administration in the Philippines. The objectives of the research were therefore constituted as

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