Preview

Law Conflicts

Powerful Essays
Open Document
Open Document
1946 Words
Grammar
Grammar
Plagiarism
Plagiarism
Writing
Writing
Score
Score
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

You May Also Find These Documents Helpful

  • Powerful Essays

    By the nineteenth century, many child welfare advocates reformed the country’s view on children, and the states found it counter productive to convict children along with adults. States then recognized that minors are indeed young enough to be rehabilitated. Thus being said, the United States began discussing the idea of a separate justice system specifically for juvenile cases. In 1925 an official juvenile system has been established in the United States. “Juvenile courts do not exist to punish children for their transgressions against society…The aim of the court is to provide individualized justice for children…The delinquent is the child of, rather than the enemy of society and their interests coincide.” (Ogilvie at p.…

    • 1946 Words
    • 8 Pages
    Powerful Essays
  • Powerful Essays

    The United States government is based on a checks and balances type system. The three main parts of this system are the executive branch, the legislative branch, and the judicial branch. This judicial system’s job is to uphold the law of the land. Law can be defined as a set of rules or norms of conduct which mandate, proscribe or permit specified relationships among people and organizations, provide methods for ensuring the impartial treatment of such people, and provide punishments for those who do not follow the established rules of conduct (Wikipedia.org, 2005). This is a very wide and all encompassing definition of the law and the governing judicial system. Just like the United States government the judicial system is broken up into different checks, balances, and systems. Two of these main systems are the juvenile justices system and the adult justice system. The obvious difference between these two courts is that the juvenile system is designed to handle youth offenders and the adult system is designed to handle adult offenders. Both of these two systems despite their difference have the same end goal; to administer justice. In the pages to follow we will discuss the big picture of the juvenile justice system, go over a point by point comparison between the juvenile system and the adult system, touch on both the benefits and disadvantages to being tried as a minor in the juvenile court from the perspective of a minor, and review the societal implication of abolishing the juvenile court system.…

    • 2342 Words
    • 10 Pages
    Powerful Essays
  • Better Essays

    Case Study

    • 3468 Words
    • 13 Pages

    This assignment will identify and address the educational needs present in the early childhood case study. The educational needs being addressed will be the basis for Part A, which are, English as a second language (ESL), cultural diversity, social skills, intellectual disabilities and behaviour management. Pedagogical practices and strategies will be suggested to cater for the diverse learning needs of all children attending the service. The focus will be on the delivery of learning opportunities, according to need, to maximise students’ learning capacity and not to label the children. Part B will support the pedagogical response and planning ideas outlined in Part A, by the relevant policies, frameworks, statements and directives from Educational government bodies that implicate the service.…

    • 3468 Words
    • 13 Pages
    Better Essays
  • Good Essays

    Cache L3 Unit 2

    • 818 Words
    • 4 Pages

    In 1989, worldwide the government had made a promise to all children the equal rights by adopting the UN Convention on the Rights of the Child. These rights are based upon what a child needs to survive, grow, participate and fulfil their full potential. They are to be applied equally to every child regardless of where they are from or who they are. The convention deals with the child’s specific needs and rights. It requires the state to act in the best interest of the…

    • 818 Words
    • 4 Pages
    Good Essays
  • Powerful Essays

    No delay principles- if children’s cases are to go to court it must happen asap in order to protect children…

    • 1491 Words
    • 6 Pages
    Powerful Essays
  • Powerful Essays

    People communicate for a variety of different reasons. These can be to express our desires and wishes or express our emotions. A baby screaming could be communicating its hunger or pain. We also communicate to survive, to form relationships, socially interact and to share ideas.…

    • 1639 Words
    • 6 Pages
    Powerful Essays
  • Good Essays

    TMA01

    • 1118 Words
    • 3 Pages

    Since recent years a lot has developed to support children, the UNCRC (United Nations Conventions on the Rights of Children) (1989) who have made 54 legally binding…

    • 1118 Words
    • 3 Pages
    Good Essays
  • Satisfactory Essays

    Juvenile Justice Outline

    • 797 Words
    • 4 Pages

    I. Introduction: Many people would currently be surprised to find that youths being tried by Juvenile Courts are not afforded the basic rights guaranteed to our nation’s citizens by our Constitution. Advocates continue to push for more juvenile rights in the court system but many youths who find themselves in trouble will not be afforded basic rights and the due process of law based on their age. This paper will discuss the evolution of basic rights in the juvenile courts system, the current state of the issue, and suggestions…

    • 797 Words
    • 4 Pages
    Satisfactory Essays
  • Satisfactory Essays

    Juvenile incarceration has created a lot of uncertainties in the legal justice system. This is because it is often assumed that indeed there are several persons that are underage that at the time of the crime did not have the proper mental reasoning to appreciate that indeed they were committing a crime. For this reason, there has been several problems regarding Juvenile incarceration and it has been argued that there is a need to re-evaluate and ensure that indeed the problems that affect the system are given the proper judicial involvement and justice. . This paper is going to examine how different it is from adults and juvenile when it comes to…

    • 575 Words
    • 3 Pages
    Satisfactory Essays
  • Good Essays

    In today’s society, there is a national debate about what to do with juveniles in the criminal justice system. This debate is a result changes in practice throughout United States. The United States made it possible to try juveniles as adults in court after the case of Kent vs. the United States in 1966. The change in legislation is relatively new due to the fact that juvenile courts have "for most of the past century, treated youngsters between 7 and 17 not as criminals but as delinquents." The United States choose to treat the kids as delinquents because there was a major focus on rehabilitation rather than punishment.…

    • 4926 Words
    • 20 Pages
    Good Essays
  • Powerful Essays

    Children’s rights and interests are often forgotten and the very rationale for the Convention on the Rights of the Child was that children require special protection: while children possess human rights just as any other human being does, they require additional measures to guarantee enjoyment of those rights. As the preamble to the Convention states, “the child, by reason of his physical and mental immaturity, needs special safeguards and care, including appropriate legal protection”. This statement has been endorsed by almost every nation in the world – the Convention remains the most widely ratified human rights treaty.…

    • 8337 Words
    • 22 Pages
    Powerful Essays
  • Better Essays

    Juvenile Justice System

    • 2095 Words
    • 9 Pages

    In today’s society, there are not that many distinctions between juveniles and adults when it comes to the criminal justice system. The main distinction between an adult and a juvenile is of course the age and the types of sentencing a juvenile may receive compared to an adult. The juvenile justice system has a tiered affect when it comes to sentencing but it relies heavily on the maturity and intellect of the juvenile. Due to that reason, there will always be a separate juvenile justice system to ensure the juvenile truly understands the nature of the crime and the consequences.…

    • 2095 Words
    • 9 Pages
    Better Essays
  • Better Essays

    juvenile justice

    • 6476 Words
    • 26 Pages

    The major issue I intend to look at it is whether or not we should abolish the juvenile justice system. First, we will look at the position of keeping the current system, why it needs to stay in place, and why in the long run it is the most beneficial to the juvenile. Second, we will examine the research of Barry Feld, one of the most influential advocates on why it needs to be abolished because of the lack of constitutional rights that a juvenile does not receive while being tried under the Juvenile justice system. Thirdly, I will be looking at each party’s positions and critiquing it to see it what the strong and weak points are. Finally, I will present my own opinion on whether to keep it, abolish it, or create a whole new system altogether.…

    • 6476 Words
    • 26 Pages
    Better Essays
  • Good Essays

    Criminal Law Evaluation

    • 701 Words
    • 3 Pages

    Meyer, J.F. and Grant, D.R. (2003). The Courts in our Crimal Justice System. Upper Saddle River, NJ.: Prentice Hall.…

    • 701 Words
    • 3 Pages
    Good Essays

Related Topics