NCJ Number
199970
Date Published
2003
Length
19 pages
Annotation
This document highlights concerns regarding the apprehension and detention of child offenders in the Philippines.
Abstract
Children in the Philippines are dependent on adults and adult structures of political and economic power to safeguard their well being. The Philippines ratified the Convention on the Rights of the Child (CRC) in 1990, which provides for protecting the rights of accused and detained children. There are concerns that there continues to be a shocking discrepancy between the youth justice system on paper and that exercised in practice. Children that come into conflict with the law tend to represent the most disadvantaged and marginalized sectors of society. There are reports that the majority of children in detention appear to have been arrested without warrants, and that many child suspects are handcuffed upon arrest and during transfer. Despite the existence of safeguards, such as notifying adults promptly when a child is arrested, persistent reports reveal how, in practice, these rights and procedural safeguards are often ignored. Interviews with child suspects indicate that children seldom have access to legal counsel prior to charging unless they are able to afford their own. It usually takes between two weeks and several months for a child to be arraigned. A lack of awareness about legal requirements and a lack of a sense of urgency among authorities responsible for detaining children appear to be a key contributory factor in repeated failures to transfer children promptly from police station cells or prison to juvenile centers. Serious backlogs and delays continue to occur despite the creation of special courts to hear cases involving children. Children often remain for long periods of time in overcrowded adult penal institutions where there have been reports of ill treatment such as sexual assault and torture. The level of training of staff at Youth Rehabilitation Centers may be insufficient to provide child offenders with the care, support, and guidance they need. There are also sentencing problems such as child offenders receiving adult sentences and detention without sentencing. Among the recommendations is holding those accountable that fail to enforce safeguards that exist under domestic and international law. 70 footnotes