United Nations Standard Minimum Rules for the Administration of Juvenile

Justice ("The Beijing Rules") Fundamental Perspectives

• 1.1 Member States shall seek, in conformity with their respective general interests, to
further the well-being of the juvenile and her or his family.

• 1.2 States shall endeavor to develop conditions that will ensure for the juvenile a
meaningful life in the community, which will foster a process of personal development
and education that is as free from crime and delinquency as possible.

• 1.3 Sufficient attention shall be given to positive measures that involve the full
mobilization of all possible resources, including the family, volunteers and other
community groups, as well as schools and other community institutions, for the purpose
of promoting the well-being of the juvenile
1.4 Juvenile justice shall be conceived as an integral part of the national development process
of each country, within a comprehensive framework of social justice for all juveniles, thus, at
the same time, contributing to the protection of the young and the maintenance of a peaceful
order in society.

1.5 These Rules shall be implemented in the context of economic, social and cultural
conditions prevailing in each Member State.

1.6 Juvenile justice services shall be systematically developed and coordinated with a view to
improving and sustaining the competence of personnel involved in the services, including their
methods, approaches and attitudes.
Scope of the Rules and Definitions Used

• ( a ) A juvenile is a child or young person who, under the respective legal

systems, may be dealt with for an offence in a manner which is different from
an adult;

• ( b ) An offence is any behavior (act or omission) that is punishable by law

under the respective legal systems;

• ( c ) A juvenile offender is a child or young person who is alleged to have

committed or who has been found to have committed an offence.
Age of Criminal Responsibility
• 4.1 In those legal systems recognizing the concept of the age of criminal
responsibility for juveniles, the beginning of that age shall not be fixed at too low
an age level, bearing in mind the facts of emotional, mental and intellectual
maturity.

Aims of Juvenile Justice

• 5.1 The juvenile justice system shall emphasize the well-being of the juvenile and
shall ensure that any reaction to juvenile offenders shall always be in proportion
to the circumstances of both the offenders and the offence.
 INVESTIGATION AND PROSECUTION
• Initial Contact
10.1 Upon the apprehension of a juvenile, her or his parents or guardian shall be
immediately notified of such apprehension, and, where such immediate notification is
not possible, the parents or guardian shall be notified within the shortest possible time
thereafter.
10.2 A judge or other competent official or body shall, without delay, consider the
issue of release.
10.3 Contacts between the law enforcement agencies and a juvenile offender shall be
managed in such a way as to respect the legal status of the juvenile, promote the
well-being of the juvenile and avoid harm to her or hi m, with due regard to the
circumstances of the case.
 Diversion
• Diversion, involving removal from criminal justice processing and, frequently,
redirection to community support services, is commonly practiced on a formal and
informal basis in many legal systems. This practice serves to hinder the negative
effects of subsequent proceedings in juvenile justice administration (for example the
stigma of conviction and sentence).
• In many cases, non-intervention would be the best response. Thus, diversion at the
outset and without referral to alternative (social) services may be the optimal
response. This is especially the case where the offence is of a non-serious nature
and where the family, the school or other informal social control institutions have
already reacted, or are likely to react, in an appropriate and constructive manner.
Specialization within the Police

• Rule 12 draws attention to the need for specialized training for all law
enforcement officials who are involved in the administration of juvenile justice.
As police are the first point of contact with the juvenile justice system, it is most
important that they act in an informed and appropriate manner. While the
relationship between urbanization and crime is clearly complex, an increase in
juvenile crime has been associated with the growth of large cities, particularly
with rapid and unplanned growth.
Presidential Decree No. 603
PD 603 amended to RA 9344

• The Philippines passed the Juvenile Justice and Welfare Act of 2006
to ensure the protection and safety of juveniles that commit crimes.
Before the act was implemented, children 9 years and older who were
arrested waited in jail until sentencing. Because jail cells that held
juvenile offenders also held adult offenders, lawmakers were
concerned about the safety of children in jail
Article 2.Title and Scope of Code. - The Code shall be known as the Child and Youth Welfare
Code. It shall apply to persons below twenty-one years of age except those emancipated in
accordance with law. "Child" or "minor" or "youth" as used in this Code, shall refer to such
persons.

Article 3. Rights of the Child. - All children shall be entitled to the rights herein set forth without
distinction as to legitimacy or illegitimacy, sex, social status, religion, political antecedents, and
other factors.

(1) Every child is endowed with the dignity and worth of a human being.
(2) Every child has the right to a wholesome family life that will provide him with love, care and
understanding.
(3) very child has the right to a well-rounded development of his personality.
(4) Every child has the right to a balanced diet, adequate clothing, sufficient shelter, proper
medical attention, and all the basic physical requirements of a healthy and vigorous life.
Article 17. Joint Parental Authority. - The father and mother shall exercise jointly just
and reasonable parental authority and responsibility over their legitimate or adopted
children. In case of disagreement, the father's decision shall prevail unless there is a
judicial order to the contrary.

In case of the absence or death of either parent, the present or surviving parent shall
continue to exercise parental authority over such children, unless in case of the
surviving parent's remarriage, the court, for justifiable reasons, appoints another
person as guardian.

In case of separation of his parents, no child under five years of age shall be
separated from his mother unless the court finds compelling reasons to do so.
 Republic Act No. 7610
AN ACT PROVIDING FOR STRONGER DETERRENCE AND SPECIAL PROTECTION AGAINST
CHILD ABUSE, EXPLOITATION AND DISCRIMINATION, AND FOR OTHER PURPOSES

• Section 5. Child Prostitution and Other Sexual Abuse. – Children, whether male or female, who for
money, profit, or any other consideration or due to the coercion or influence of any adult, syndicate
or group, indulge in sexual intercourse or lascivious conduct, are deemed to be children exploited in
prostitution and other sexual abuse.

• (1) Acting as a procurer of a child prostitute;

• (2) Inducing a person to be a client of a child prostitute by means of written or oral advertisements
or other similar means;
• (3) Taking advantage of influence or relationship to procure a child as prostitute;
• (4) Threatening or using violence towards a child to engage him as a prostitute; or
• (5) Giving monetary consideration goods or other pecuniary benefit to a child with intent to engage
such child in prostitution.
 Remedial Procedures

Section 27. Who May File a Complaint. – Complaints on cases of unlawful acts committed against
the children as enumerated herein may be filed by the following:

(a) Offended party;

(b) Parents or guardians;
(c) Ascendant or collateral relative within the third degree of consanguinity;

(d) Officer, social worker or representative of a licensed child-caring institution;

(e) Officer or social worker of the Department of Social Welfare and Development;

(f) Barangay chairman; or

(g) At least three (3) concerned responsible citizens where the violation occurred.
 REPUBLIC ACT No. 9344
This Act shall be known as the "Juvenile Justice and Welfare Act of 2006." It shall
cover the different stages involving children at risk and children in conflict with the law
from prevention to rehabilitation and reintegration.

SEC. 4. Definition of Terms.

(a) "Bail" refers to the security given for the release of the person in custody of the law, furnished
by him/her or a bondsman, to guarantee his/her appearance before any court. Bail may be
given in the form of corporate security, property bond, cash deposit, or recognizance.

(b) "Best Interest of the Child" refers to the totality of the circumstances and conditions which are
most congenial to the survival, protection and feelings of security of the child and most
encouraging to the child's physical, psychological and emotional development. It also means
the least detrimental available alternative for safeguarding the growth and development of the
child.
(c) "Child" refers to a person under the age of eighteen (18) years.

(d) "Child at Risk" refers to a child who is vulnerable to and at the risk of committing
criminal offenses because of personal, family and social circumstances, such as, but
not limited to being abandoned or neglected, being out of school, etc.

(e) "Child in Conflict with the Law" refers to a child who is alleged as, accused of, or
adjudged as, having committed an offense under Philippine laws.

(I) "Intervention" refers to a series of activities which are designed to address issues
that caused the child to commit an offense.
SEC. 54. Objectives of Community Based Programs. - The objectives of community-based
programs are as follows:

(a) Prevent disruption in the education or means of livelihood of the child in conflict with the law in
case he/she is studying, working or attending vocational learning institutions;

(b) Prevent separation of the child in conflict with the law from his/her parents/guardians to
maintain the support system fostered by their relationship and to create greater awareness of
their mutual and reciprocal responsibilities;

(c) Facilitate the rehabilitation and mainstreaming of the child in conflict with the law and
encourage community support and involvement; and

(d) Minimize the stigma that attaches to the child in conflict with the law by preventing jail
detention.