Legal implications of lowering the minimum age of criminal responsibility / Riorose Mair Q. Barrot.
Material type:
TextPublisher: Cebu City : University of Cebu, 2017Description: 99 (various) leaves : illustrationsContent type: text Media type: unmediated Carrier type: volumeSummary: Summary: The existing situation of children in conflict with the law has been brought to light through the recent proposal from the house of representatives to lower the Minimum Age of Criminal Responsibility (MACR).Different sectors of the community expressed varied opinions on the said proposal. Others view children as the most vulnerable sector of our society while there are a number who hold that offending children are agents of social injustice and perpetrators of criminal offense. The state, in taking a step to address this existing problem, must primarily take into account the welfare of these children. Another important aspect to be considered is the conformance of the proposed legislative step with the constitutional mandate, existing laws and international obligations.
This thesis aims to determine the legal implications of lowering the minimum age of criminal responsibility from fifteen (15) to nine(9) years of age by examining pertinent provisions of he 1987 Philippines Constitution, existing laws such as the RA 9344 otherwise known as Juvenile Justice and Welfare Act of 2006, as mended by RA 10630 and international conventions entered into by the Philippines. A cursory perusal through comparison of the proposed output and the 1987 Constitution reveals that a number of constitutional mandates relating to the welfare of a child will be violated in the advent of said legislation. Further, there is a probable breach of international obligations concerning the setting of the minimum age of criminal responsibility at a standard which is not too low to be internationally acceptable. Lastly, it has been found that with the implementation of the said proposal, there will be a number of changes in the existing substantial and procedural laws. In response, it is proposed that instead of criminalizing children of tender age, the focus should be in addressing the root cause of children delinquency.The exploiters, who influence the children to commit crimes, should be penalized by implementing additional measures such as admitting the child offender as a state of witness.
| Item type | Current location | Call number | Status | Date due | Barcode |
|---|---|---|---|---|---|
Thesis
|
Periodicals | T B27le 2017 (Browse shelf) | Not for loan | 3UCBLL00008479 |
Browsing College Library shelves, Shelving location: Periodicals Close shelf browser
Thesis (Degree of Juris Doctor)-- University of Cebu- Banilad, 2017.
Includes references (leaves 94-99).
Summary: The existing situation of children in conflict with the law has been brought to light through the recent proposal from the house of representatives to lower the Minimum Age of Criminal Responsibility (MACR).Different sectors of the community expressed varied opinions on the said proposal. Others view children as the most vulnerable sector of our society while there are a number who hold that offending children are agents of social injustice and perpetrators of criminal offense. The state, in taking a step to address this existing problem, must primarily take into account the welfare of these children. Another important aspect to be considered is the conformance of the proposed legislative step with the constitutional mandate, existing laws and international obligations.
This thesis aims to determine the legal implications of lowering the minimum age of criminal responsibility from fifteen (15) to nine(9) years of age by examining pertinent provisions of he 1987 Philippines Constitution, existing laws such as the RA 9344 otherwise known as Juvenile Justice and Welfare Act of 2006, as mended by RA 10630 and international conventions entered into by the Philippines. A cursory perusal through comparison of the proposed output and the 1987 Constitution reveals that a number of constitutional mandates relating to the welfare of a child will be violated in the advent of said legislation. Further, there is a probable breach of international obligations concerning the setting of the minimum age of criminal responsibility at a standard which is not too low to be internationally acceptable. Lastly, it has been found that with the implementation of the said proposal, there will be a number of changes in the existing substantial and procedural laws. In response, it is proposed that instead of criminalizing children of tender age, the focus should be in addressing the root cause of children delinquency.The exploiters, who influence the children to commit crimes, should be penalized by implementing additional measures such as admitting the child offender as a state of witness.
Law Law
English
There are no comments on this title.