Вы находитесь на странице: 1из 4

Republic of the Philippines

Commission on Human Rights


Regional Office III
City of San Fernando Pampanga

HUMAN RIGHTS BULLETIN


ON THE RIGHTS OF CHILDREN ALLEGED OF SHOPLIFTING
On November 29, 2016, the Commission on Human Rights
Regional Office III conducted a Community-based Discussion on the
lowering of the minimum age of criminal responsibility. An issue was
raised by one of the participants pertaining to the practice of
merchant shops of charging alleged shoplifters with fees amounting
up to ten (10) folds the price of items allegedly taken. He sought
clarification on the legality of the practice particularly how it would
apply to children. Most of the participants confirmed such practice
by local shops and even suggested that it is not uncommon to see
signs posted in stores meant to serve as warning to customers.
RIGHTS OF CHILDREN
The Commission on Human Rights is an independent national
human rights institution created by the Constitution. It is clothed
by the Philippine Constitution of 1987 with powers and functions
which includes, among others, the monitoring of the Philippine
Governments compliance with international treaty obligations on
human rights1.
It is to be remembered that the Philippines has ratified and/or
adopted international treaties to protect and promote the rights of a
child including:
o United Nations Convention on the Rights of a Child
o United Nations Standard Minimum Rules for the
Administration of Juvenile Justice (The Beijing Rules
1985)
o Universal Declaration of Human Rights

_________________________________________
1 1987 Philippine Constitution Art XIII

Page 1 of 4

The United Nations, through the Universal Declaration of


Human Rights, has proclaimed that motherhood and childhood are
entitled to special care and assistance2.
In all actions concerning children, whether undertaken by
public or private social welfare institutions, courts of law,
administrative authorities or legislative bodies, the best interests of
the child shall be a primary consideration3.
The Philippines has likewise enacted laws and rules in relation
to the protection and promotion of the rights of a child particularly
those in conflict with the law. These includes:
o THE REVISED RULE ON CHILDREN IN CONFLICT
WITH THE LAW (A.M. No. 02-1-18-SC)
o THE JUVENILE JUSTICE WELFARE ACT (RA NO.
9344)
The Congress has defined best interest of the child as that
which refers to the totality of the circumstances and conditions as
are most congenial to the survival, protection, and feelings of security
of the child and most encouraging to his physical, psychological, and
emotional development. It also means the least detrimental available
alternative for safeguarding the growth and development of the child
4.
The interpretation of the Revised Rules on Children in conflict
with the Law is construed liberally to promote the best interest of the
child in conformity with Philippine laws, the United Nations'
Convention on the Rights of the Child and relevant international
treaties and protocols.
On the basis of the aforementioned actions of the state. It is
therefore unequivocally manifested by the state that as a matter of
policy, the best interest of the child is paramount in matters involving
children.
Furthermore, the community of nations including the
Philippines have recognized restorative justice as a progressive,
humane and enlightened system. Restorative justice is a new view
of the criminal legal system. The foci of this view are more on the
restoration of the damage that the crime has done to people and their
mutual relations. This is the total opposite of the traditional
retributive justice which holds that punishment is the best response
to crime by providing satisfaction to the victim and society.
_____________________________________________
2 Universal Declaration of Human Rights (UDHR)
3 UN Convention on the Rights of the Child
4 REVISED RULE ON CHILDREN IN CONFLICT WITH THE
LAW

Page 2 of 4

The Philippines has adopted the principles of restorative


justice particularly in the area of Juvenile Justice. This is made
evident also in these enactments:
REVISED RULES ON CHILDREN IN CONFLICT WITH THE
LAW (Sec 2.)
The objective of this Rule is to ensure that the justice system treats
every child in conflict with the law in a manner that recognizes and
upholds human dignity and worth, and instils in the child respect for
the fundamental rights and freedom of others. The Rule considers the
developmental age of the child and the desirability of the child's
reintegration in the assumption of a constructive role in society in
accordance with the principles of balanced and restorative justice.

REPUBLIC ACT NO. 9344 (Title 1 Chapter 1 Sec 2. (f))


The State shall apply the principles of restorative justice in all its
laws, policies and programs applicable to children in conflict with the
law.

Finally, as agreed upon by State Parties on the Beijing Rules of


1985, 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 offence5.
Thus, the charging of excessive fees by commercial shops
against children alleged to have stolen items from them is in
contravention with the policies of the state involving children. As
aforementioned, what is imperative is the best interest of the child.
We must apply restorative justice on matters involving children and
not focus on punishment.
We should likewise ensure the
proportionality of our reactions to juvenile offenders.
The Civil Code states: Every person must, in the exercise of his
rights and in the performance of his duties, act with justice, give
everyone his due and observe honesty and good faith.6 Bearing this
in mind, together with the unmistakable policies of the state, as
aforementioned, it can be said that to act towards children like such
would undoubtedly amount to injustice. It is a shameful violation of
the human rights of a child to be treated with such opportunism
without regard to their dignity and worth.

________________________________________________________
5 UN Standard Minimum Rules for the Administration of Juvenile Justice,
Beijing Rules (1985)
6 Art 19 Civil Code of the Philippines

Page 3 of 4

To be clear, shops, stores and other commercial


establishments who continue to implement this disgraceful
policy are violators of Human Rights of Children.
City of San Fernando, Pampanga, 15 December 2016.

ATTY. JASMIN NAVARRO - REGINO


Regional HR Director

Page 4 of 4

Вам также может понравиться