The debate rages on

At what age can you call a child a criminal? Lawmakers from the Lower House have passed a law that lowers the age of criminal liability from fifteen years to nine years old. A lawmaker clarified that the children would not be held in ordinary prisons with adults, but in a “reformative institution” for rehabilitation, until he can be returned to society. They are considered “in conflict with the law.” If by the age of eighteen he has not reformed, then he will be transferred to a regular prison.

There are more conditions in the said law, but for now the debate rages on. There are those saying that the rights of the child are being violated, and that the state is responsible for protecting this right. The reasons why children commit crimes such as poverty, hunger, broken or dysfunctional families must be considered by the state, and not just label the children as criminals. I admit that there are children who knowingly commit crimes such as stealing, but to label them as criminals might be too much for them to process, because that is basically what the new law says. They may not be mixed with adult prisoners, but they are still considered criminals.

If the law is finally passed - there are different versions in the Senate - I do not know if their rehabilitation will be fully implemented or successful. The child might be resentful at an early age, and carry that with him as he grows older, making him even more susceptible to committing more crimes as he rebels against the state. According to those against lowering the age, a child still cannot discern between right or wrong, so labeling them as criminals and imprisonment is not the solution. They should undergo counselling and rehabilitation. A table in Wikipedia of the age of criminal liability shows the difference among many countries, but they lie between the ages of 12 to 18. The youngest I’ve seen is seven, in countries like India, Myanmar, Pakistan, and Singapore, to name a few. It is interesting that according to the Child Rights International Network, 33 states in the US set no minimum age of criminal responsibility at the state level, “theoretically allowing a child to be sentenced to criminal penalties at any age.” Can you imagine a five-year old in a courtroom, being tried for a crime? The problem is that in most countries, the question is whether children involved in crimes should be punished as an adult, or if there is a better solution for them. I’m sure that point will be taken up in the Senate when the Lower House passes it on.

The debate continues.