HUMAN RIGHTS ADVISORY CHR-A-02-99 ON DEATH PENALTY FOR MINORS Weareissuing the following Human Rights Advisory on the proposal to lower the age of majority from 18yearsto 16 yearsold, with theintention of imposing death penalty to minors. 1. Thesaidplanwill violate at least two (2) international instruments on human rights of which the Philippinesis a party, the Philippine Constitution andlegislation enacted concerningchildren. Article 6 (5) of the International Covenanton Civil and Political Rights reads: “Sentence of death shall not be imposed for crimes committed by persons below eighteen years of age and shall not be carried out on pregnant women.” (Underscoring supplied) Likewise, Article 37 (a) of The Convention on the Rights of a Child reads: “No child shall be subjectedto torture or other cruel, inhuman or degrading treatment of punishment. Neither capital punishment norlife imprisonment without possibility of release shall be imposed for offences committed by persons below eighteen yearsof age.” (Underscoring supplied) Underourpresent law,all persons below the age of eighteen are considered children (Republic Act No. 6809). Article 1 of the Convention on the Rights of the Child states that a child means every human being below the age of eighteen years. Article XV, Section 3 (2) of the Philippine Constitution reads: “The right of children to assistance, including proper care and nutrition, and special protection from all forms of neglect, abuse, cruelty, exploitation and other conditions development.” prejudicial to their Asdeclaredin Article 1 of the Child and Youth Welfare Code (Presidential Decree No. 603), the Child is one of the most importantassets of the nation. Every effort should be exerted to promotehis welfare and the opportunity for a useful and happylife. 2. Dueto their age and mental immaturity, children need special protection and care. Instead of terminating thelives of minors, by applying death penalty for special offenders, they should be given special protection for their development. 33