UN Convention on the
Rights of the Child
01
1. Non-discrimination
2. Devotion to the best
Four Core interests of the child
3. Right to life, survival and
Principles of
development
the Convention 4. Respect for the views of
the child
02
Article 37
Children must not be tortured, sentenced to the
death penalty or suffer other cruel or degrading
treatment or punishment.
Children should be arrested, detained or
imprisoned only as a last resort and for the
shortest time possible.
They must be treated with respect and care,
and be able to keep in contact with their family.
Children must not be put in prison with adults.
03
ARTICLE 40
A child accused or guilty of breaking the
law must be treated with dignity and
respect.
They have the right to legal assistance
and a fair trial that takes account of
their age.
Governments must set a minimum age
for children to be tried in a criminal court
and manage a justice system that
enables children who have been in
conflict with the law to reintegrate into
society.
04
Juvenile Justice and
Welfare Act
RA 9344 as amended by RA 10630
05
STATE POLICY
Pursuant to Article 40 of the UNCRC, the State
recognizes the right of every child alleged as,
accused of, adjudged, or recognized as having
infringed the penal law to be treated in a
manner consistent with the promotion of the
child's sense of dignity and worth, taking into
account the child's age and desirability of
promoting his/her reintegration.
06
STATE POLICY
Whenever appropriate and desirable, the State
shall adopt measures for dealing with such
children without resorting to judicial
proceedings, providing that human rights and
legal safeguards are fully respected.
07
STATE POLICY
It shall ensure that children are dealt with in a
manner appropriate to their well-being by
providing for, among others, a variety of
disposition measures such as care, guidance
and supervision orders, counseling, probation,
foster care, education and vocational training
programs and other alternatives to institutional
care.
08
CHILD IN A child who is alleged as,
accused of, or adjudged as,
CONFLICT WITH having committed an offense
THE LAW (CICL) under Philippine laws.
09
The child in conflict with the law
PRESUMPTION shall enjoy all the rights of a
child in conflict with the law until
OF MINORITY he/she is proven to be eighteen
(18) years old or older.
10
RIGHTS OF THE (a) the right not to be subjected to torture or
other cruel, inhuman or degrading treatment
CHILD IN or punishment;
CONFLICT WITH (b) the right not to be imposed a sentence of
THE LAW
capital punishment or life imprisonment,
without the possibility of release;
(c) the right not to be deprived, unlawfully or
arbitrarily, of his/her liberty; detention or
imprisonment being a disposition of last
resort, and which shall be for the shortest
appropriate period of time;
11
RIGHTS OF THE (d) the right to be treated with humanity and
respect, for the inherent dignity of the person,
CHILD IN and in a manner which takes into account the
needs of a person of his/her age.
CONFLICT WITH A child deprived of liberty shall be
separated from adult offenders at all
THE LAW times.
He/She shall be conveyed separately to or
from court.
He/She shall have the right to maintain
contact with his/her family through
correspondence and visits, save in
exceptional circumstances;
12
RIGHTS OF THE (e) the right to prompt access to legal and
other appropriate assistance, as well as the
CHILD IN right to challenge the legality of the
deprivation of his/her liberty before a court or
CONFLICT WITH other competent, independent and impartial
authority, and to a prompt decision on such
THE LAW action;
(f) the right to bail and recognizance, in
appropriate cases;
(g) the right to testify as a witness in hid/her
own behalf under the rule on examination of
a child witness;
13
RIGHTS OF THE (h) the right to have his/her privacy respected
fully at all stages of the proceedings;
CHILD IN (i) the right to diversion if he/she is qualified
CONFLICT WITH and voluntarily avails of the same;
THE LAW (j) the right to be imposed a judgment in
proportion to the gravity of the offense where
his/her best interest, the rights of the victim
and the needs of society are all taken into
consideration by the court, under the principle
of restorative justice;
14
RIGHTS OF THE (k) the right to have restrictions on his/her
personal liberty limited to the minimum, and
CHILD IN where discretion is given by law to the judge
to determine whether to impose fine or
CONFLICT WITH imprisonment, the imposition of fine being
preferred as the more appropriate penalty;
THE LAW
(I) in general, the right to automatic
suspension of sentence;
(m) the right to probation as an alternative to
imprisonment, if qualified under the Probation
Law;
15
RIGHTS OF THE (n) the right to be free from liability for
perjury, concealment or misrepresentation;
CHILD IN and
CONFLICT WITH (o) other rights as provided for under existing
laws, rules and regulations.
THE LAW
16
MINIMUM AGE OF CRIMINAL
RESPONSIBILITY (MACR)
A child fifteen (15) years of age or A child above fifteen (15) years
under at the time of the but below eighteen (18) years of
commission of the offense shall be age shall likewise be exempt from
exempt from criminal liability. criminal liability and be subjected
However, the child shall be to an intervention program, unless
subjected to an intervention he/she has acted with
program. discernment, in which case, such
child shall be subjected to the
appropriate proceedings.
17
MACR and Age Limits under RA 10630
18
19
20
A series of activities which are designed to
address issues that caused the child to commit
an offense. It may take the form of an
INTERVENTION
individualized treatment program which may
include counseling, skills training, education,
and other activities that will enhance his/her
psychological, emotional and psycho-social
well-being.
21
An alternative, child-appropriate process of
determining the responsibility and treatment of
DIVERSION
a child in conflict with the law on the basis of
his/her social, cultural, economic, psychological
or educational background without resorting to
formal court proceedings.
22
Contract of Diversion
If during the conferencing, mediation or conciliation,
the child voluntarily admits the commission of the
act, a diversion program shall be developed when
appropriate and desirable.
The diversion program shall be effective and binding
if accepted by the parties concerned. The acceptance
shall be in writing and signed by the parties
concerned and the appropriate authorities.
23
Contract of Diversion
The child shall present himself/herself to the
competent authorities that imposed the diversion
program at least once a month for reporting and
evaluation of the effectiveness of the program.
Failure to comply with the terms and conditions of
the contract of diversion, as certified by the local
social welfare and development officer, shall give the
offended party the option to institute the appropriate
legal action.
24
Nature and circumstances of the
offense charged;
Frequency and the severity of the act;
Factors in Circumstances of the child (e.g. age,
maturity, intelligence, etc.);
Determining Influence of the family and
Diversion environment on the growth of the child;
Reparation of injury to the victim;
program Weight of the evidence against the
child;
Safety of the community; and
Best interest of the child.
25
Restitution
Reparation
Indemnification
Kinds of Written or oral apology
Care, guidance and supervision
Diversion orders
Programs Counseling for the child in conflict
with the law and the child’s family
Participation in available
(Punong Barangay Level) community-based programs
Participation in education, vocation
and life skills programs
26
All programs in the Punong
Barangay level
Kinds of Confiscation and forfeiture of the
proceeds or instruments of the crime
Diversion
Programs
(Law Enforcement Officer
and Prosecutor Level)
27
All programs in the Punong
Barangay level and Law
Enforcement Officer level
Kinds of Written or oral reprimand
Fine
Diversion Payment of the cost of proceedings
Programs Institutional care and custody
(Appropriate Court Level)
28
Bahay Pag-Asa
Each province and highly-urbanized city (the LGUs)
shall be responsible for building, funding and operating
a ‘Bahay Pag-asa’ within their jurisdiction following the
standards that will be set by the DSWD and adopted
by the JJWC.
29
Bahay Pag-Asa
A 24-hour child-caring institution established, funded
and managed by local government units (LGUs) and
licensed and/or accredited nongovernment
organizations (NGOs) providing short-term residential
care for children in conflict with the law who are above
fifteen (15) but below eighteen (18) years of age who
are awaiting court disposition of their cases or transfer
to other agencies or jurisdiction.
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