The Psychological Association of the Philippines (PAP) has voiced out its opposition to a bill in Congress seeking to lower the age of criminal liability from the current 15 years old to nine, calling instead for a strengthening of the juvenile justice system and existing laws.
Citing scientific research on child development and juvenile delinquency, the group of Filipino psychologists said children and adolescents are 鈥渆specially vulnerable鈥� to engage in risky behaviors as they have 鈥渟ignificantly different鈥� decision-making capacity, impulse control, and overall maturity compared to adults.
鈥淲e call for the strengthening of the juvenile justice system through the strict implementation of existing laws that prosecute adults who coerce children to engage in criminal behavior and protect and rehabilitate children in conflict with the law (CICL) through restorative means,鈥� PAP said in a position paper dated Aug. 24.
鈥淭he child/adolescent is psychosocially immature compared to adults. Because of still-developing cognitive abilities and limited life experiences, young people are less able and less likely than adults to consider and be guided by the longer-term consequences of their actions,鈥� it added.
Reducing the age of criminal liability was the second House bill filed in the 17th Congress in the new administration, authored by no less than the Speaker himself Davao del Norte Rep. Pantaleon 鈥淏ebot鈥� Alvarez.
READ: Alvarez files bill lowering age of criminal liability
PAP summarized its position in three main points: children and adolescents are still developing in their decision-making capacity; that they are vulnerable to coercion; and that children in conflict with law are 鈥渧ictimized and disadvantaged.鈥�
The group said minors 鈥渓ack the freedom鈥� to assert their decisions and 鈥渆xtricate themselves from criminal situations,鈥� adding that children are often being abused by adults to engage in criminal acts.
鈥淵outh are powerless in such circumstances because they fear retribution, do not have or are not aware of alternative actions, or look up to or are emotionally attached to the criminal proponents,鈥� PAP said. 鈥淧eers and adults serve as models for behavior that adolescents believe will help them achieve their goals. The fact that juvenile crimes tend to take place in groups or gangs points to the significant role of peer influence and pressure.鈥�
The association said the children, compared to adults, would find it more difficult 鈥渢o act in accordance with what they may discern or know to be right versus wrong action.鈥�
鈥淪tudies have shown that while a significant portion of adolescents will engage in some form of delinquent behavior, they will naturally develop out of such behaviors as they become adults. Persistence in criminal behavior over time is a function of pervasive personal and environmental risk factors. These are better addressed through community prevention programs and not through behavior- focused penalties,鈥� the paper read.
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PAP said putting children behinds bars, especially in the same cells as adult criminals, would expose them to physical, sexual, and psychological abuse and underlying mental health issues.
鈥淒etention itself can increase recidivism, that is, an individual鈥檚 relapse into criminal or antisocial behavior, thereby rendering such an intervention ineffective and excessively harmful. On the other hand, children who go through community-based interventions or diversion programs are less likely to recidivate than children who are incarcerated,鈥� the group added.
PAP urged the government to implement 鈥渞estorative justice鈥� by focusing its efforts on 鈥渞ehabilitation instead of penalization.鈥�
鈥淐hildren in conflict with law should experience sanctions in community and family settings whenever possible, with development and enhancement of community-based supports and services to prevent recidivism and support the natural process of 鈥榓ging out of delinquency,鈥欌�� it said.
鈥淭hey should be excluded from the criminal justice system, protected from exploitative and abusive situations, and given full opportunities to develop into responsible adults who can make meaningful contributions to society,鈥� the group added.
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