Mindanao Law Journal, Vol 1, No 1 (2007)

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Responding to the Call for Restorative Justice

Adoracion P. Cruz-Avisado

Abstract


Restorative Justice refers to a principle in conflict resolution which requires the maximum involvement of the victim, the offender and the community. It seeks to obtain reparation for the victim; reconciliation of the offender, the offended and the community; and, reassurance to the offender that he/she can be reintegrated into society. It also enhances public safety by getting the offender, the victim and the community to participate in prevention strategies.

In the past, children in conflict with the law (CICL), who used to be labeled as juvenile delinquents or youthful offenders, were detained inside prison cells along with adults accused or convicted of crimes. In Davao City, the Juvenile Welfare Unit (JWU) for the youth used to be located within the City Jail compound where adult detainees or offenders are detained/imprisoned, albeit in separate facilities such that the CICL could not interact with the adult detainees and offenders. The JWU used to house only male children female CICL were lumped together with adult female detainees and convicts. Efforts to improve the conditions for the detention and imprisonment of CICL have resulted in some improvement but the female youth offenders are still detained at the same compound as the adult female offenders.

Jail conditions in the Philippines are generally despicable. Oftentimes, jails are overcrowded, with jails that can accommodate only about three hundred (300) persons, for instance, actually housing over a thousand people. Rehabilitation is virtually impossible to achieve under such conditions.

Mindanao Law Journal 1 (2007): 29-33


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Mindanao Law Journal ISSN: 1908-7969

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