"Raise the Age of Criminal Responsibility for Children” Campaign

the minimum age of criminal responsibility (MACR) in Palestine with the Convention on the Rights of the Child (CRC) and General Comment No. 24 (2019) issued by the Committee on the Right of the Child. 1. Executive summary 1.1 This advocacy paper addresses the minimum age of criminal responsibility (MACR) in Palestine in light of international standards, including the Convention on the Rights of the Child (CRC) and General Comment No. 24 (2019). And it highlights the need to raise it from 12 to 14 years, in line with the Committee on the Rights of the Child’s recommendation that the MACR should be no lower than 14 years based on children’s cognitive, emotional, and psychosocial development. Based on legal, developmental, and international child rights analysis, the paper advocates for legislative reform to raise the MACR to 14 years, alongside strengthening diversion and restorative mechanisms, improving child-sensitive procedures, enhancing capacity among justice actors, reinforcing coordination between relevant institutions, and increasing public awareness of the long-term social benefits of rehabilitation over punishment. Raising the minimum age of criminal responsibility is presented not only as a legal reform, but as a necessary step toward a more humane, effective, and child-centered justice system in Palestine that upholds the best interests of the child and supports positive social reintegration, and emphasizes rehabilitation, support, and behavioral reform rather than punishment. 2. Background and problem statement 2.1 The Juvenile Protection Law was issued on 2016 by decree (Decree‑Law No. 4 of 2016) and was approved by the palestinian president Mahmoud Abbas to become in effect and being implemented, which is an updated law that emphasizes protection, rehabilitation, and accountability appropriate to the child’s age and development. The Law marks an important step in Palestinian legislation aligning with international standards and the norm that children must be treated differently in justice systems, replacing the jordanian juvenile reform law of 1945 which is an earlier framework used in Palestine. According to the Legal Guide to Child’s Rights in Palestine, the age of criminal responsibility in the West Bank is 12 years old, the Palestinian Juvenile Protection Law (2016) defines a juvenile as someone under 18 years old at the time of the offence, and indicates that children between ages 12‑18 are treated under juvenile justice provisions. Key components of the law include, creation of juvenile courts, special juvenile prosecutors, and prosecutors’ offices for children, emphasis on rehabilitation, diversion, and reintegration rather than punitive measures as the primary aim of the law. However, the palestinian law by adapting the age of 12 as the minimum age of criminal responsibility remains inconsistent with the convention on the rights of the child (CRC) and general comment no .24, In the original general comment No. 10 (2007), the Committee had considered 12 years as the absolute minimum age. However, States parties are encouraged to increase their minimum age to at least 14 years of age. For Palestinian children in East Jerusalem, Israeli civilian law applies, alongside Israeli Jewish children in the same area. Under this law the minimum age of criminal responsibility is 12 Children, while children under 14 generally cannot be sentenced to imprisonment, except under very exceptional circumstances and detention occurs only after age 14. Juvenile justice and youth care laws emphasize welfare, supervision, and diversion rather than adult criminal procedures. This means, in terms of minimum age for criminal responsibility and eligibility for imprisonment, there is no legal distinction between Palestinian and Jewish children in East Jerusalem. However, practical differences may exist in access to legal counsel, quality of social support, and conditions of detention, due to political and social factors affecting Palestinian children. 2.2 children under 14 lack emotional, cognitive, and psychosocial maturity to be held criminally responsible, as the child development and neuroscience research demonstrate that children between the ages of 12 and 14 are still developing in key capacities such as abstract reasoning, impulse control, and decision making due to the ongoing development of the frontal cortex. The frontal lobe, responsible for self-control and impulse regulation, continues to develop into late adolescence(approximately ages 17-19), meaning children in this age group are often influenced by impulse and emotion rather than deliberate reasoning, as noted in General Comment No. 24, children at this stage have limited emotional regulation and may struggle to fully consider long-term legal, social, and personal outcomes and consequences of their actions. This raises concerns about the fairness of holding children fully criminally responsible, as systems with lower ages of criminal responsibility risk punishing children who are not developmentally equipped to understand or control their actions. 2.3 Exposing children under 14 to criminal responsibility produces harms that extend beyond the justice process itself. Early engagement with legal proceedings can negatively affect education, weaken school connection, and lead to long-term disengagement by interrupting stability and routine. Children who go through the justice system often internalize stigma as they are seen negatively by society, which can cause isolation, shame, and low self-esteem, this stigma is linked with long-term psychological stress, withdrawal from social and educational environments. Overall, early criminalization exposes children to emotional harm and instability which undermine their learning, development, safety, and future opportunities. 2.4 Criminalizing children as young as 12 years old raises serious legal and social concerns that affect children’s rights, well-being and the public trust in the justice system. Legally, it conflicts with Article 40 of the Convention on the Rights of the Child (CRC), which demands age‑appropriate treatment, protection, and a focus on reintegration rather than punishment. The State of Palestine has been a party to the CRC since 2014, and is committed to uphold these standards and ensure the child's best interests. Socially, criminalizing children at this age increases the risk of trauma, stigma, disrupted education, and long-term developmental harm, undermining their rights to dignity, Psychosocial well-being, Education, and social integration, and highlighting the need for rehabilitative alternatives aligned with international standards. In Palestine, although Decree-Law No. 19 of 2012 sets the minimum age of criminal responsibility at 12, children as young as 12 years old may be arrested, investigated, and brought before courts, which can have lasting negative effects on their mental health, education, and social reintegration. While Palestinian law includes certain protective measures, such as reduced penalties and alternative procedures, these practices remain insufficient and are applied inconsistently, leaving many children vulnerable to harm rather than rehabilitation. In Palestine, although Decree-Law No. 19 of 2012 sets the minimum age of criminal responsibility at 12, other laws create inconsistency; Article 83 of the Palestinian Criminal Procedure Law No. 3 of 2001 allows testimony only from age 15, and the Child Protection Executive Regulations No. 16 of 2022 link legal competence to child’s maturity assessed by the court. This contradiction -holding children criminally accountable at 12 while limiting their participation in judicial proceedings- creates legal confusion, weakens the protective purpose of the system, and reinforces public perception of punitive rather than rehabilitative justice approach, undermining confidence in the system’s ability to safeguard children’s rights and best interests. 3. Evidence Base 3.1 International standards International human rights law establishes clear guidance on juvenile justice and the minimum age of criminal responsibility (MACR). Core international instruments, including the Convention on the Rights of the Child (CRC), Beijing Rules, and the Havana Rules, collectively emphasize that Children are fundamentally different from adults, and the need to set a minimum age in line with children’s evolving capacities, psychological development, and best interests with a strong focus on rehabilitation and protection. In particular, the CRC, adopted by Palestine, provides the main legal framework for children in the justice system. Article 40(3)(a) explicitly obliges States Parties to establish a minimum age below which children are presumed incapable of committing a criminal offence. While it does not specify an exact age, the Committee on the Rights of the Child, through General Comment No. 10 and especially General Comment No. 24, recommends a minimum MACR of at least 14 years, and encourages higher thresholds such as 16 based on scientific evidence on child development. The Committee has also warned that low MACRs violate children’s rights to dignity, development, and protection, and expose them to harm within criminal justice systems not designed for children. The Beijing Rules reinforce this approach by stating that the MACR should not be set too low, taking into account emotional, mental, and intellectual maturity. They link criminal responsibility to developmental capacity rather than age alone, emphasizing fairness, proportionality, and rehabilitation. The Rules further stress that juvenile justice must prioritize reintegration and the child’s well-being over punishment. Similarly, the Havana Rules focus on protecting children deprived of liberty, stating that detention should be a measure of last resort and for the shortest possible time, and highlight the severe psychological, emotional, and developmental harm of detention, particularly for younger children, reinforcing the need to avoid exposing them to criminal justice systems and instead address them through protection and welfare mechanisms. 3.2 Developmental and Psychological Research Steinberg & Scott (2003) find that adolescents have lower psychosocial maturity and judgment than adults, while Cauffman (2008) highlights limitations in planning, risk assessment, and resistance to peer pressure. Shulman et al. (2016) further show that younger children are more impulsive, less able to process abstract legal concepts, and more vulnerable to stress. Together, these findings confirm that children under 14 lack the capacity for mature legal decision-making. Research also shows that exposure to criminal justice processes at an early age can cause serious harm, including anxiety, trauma, and depression, and is associated with negative educational and social outcomes, studies by Steinberg (2014) and the Office of Justice Programs (2016) also link punitive approaches to higher recidivism and reduced long-term well-being. Regional evidence from Palestine and the MENA region is consistent with global findings, showing that children in criminal justice systems often experience fear, confusion, and misunderstanding of legal procedures. In contrast, child protection and community-based interventions are more effective in supporting rehabilitation. 3.3 Palestinian Data Although attention is often paid to the detention of Palestinian children by Israeli authorities, documented evidence shows violations of children’s rights within the Palestinian juvenile justice system itself, particularly during arrest, detention, or interrogation by non-specialized security forces in ways that contravene national law and international standards. The absence of recent official statistics from Palestinian authorities, including the Ministry of Interior and Ministry of Social Development, on child detention and age-related data highlights gaps in monitoring and transparency; However, case studies provide clear evidence of violations. For example, Defense for Children International – Palestine (DCIP) reported that between January and July 2020, 72% of 61 cases involved ill-treatment in custody, including physical and psychological abuse, and in all 44 reported mistreatment cases, children were not processed by the juvenile police as required by law but instead detained by unauthorized units such as the Preventive Security Forces or non-specialized police, these violations included denial of due process safeguards such as access to legal counsel, immediate transfer to juvenile authorities, and appropriate detention conditions. 3.4 Comparative Experience Several countries that have raised the minimum age of criminal responsibility (MACR) to 14 or higher—such as Germany, Sweden, Norway, the Netherlands, and Tunisia demonstrate reduced recidivism, improved mental health, better school retention, and stronger social reintegration. These systems consistently divert children away from formal criminal proceedings and prioritize social services, family-based interventions, and rehabilitation over punishment. Overall, comparative evidence demonstrates that higher MACR settings produce more positive outcomes for children and society, supporting the need to raise the MACR in Palestine in line with international standards and child development research. 4. Policy and Legal Gaps Current Palestinian legislation shows partial alignment with the CRC through a juvenile justice system that recognizes children’s rights, emphasizes protection and rehabilitation, and provides alternatives to detention such as mediation, probation, and care-based measures. However, this alignment remains incomplete, as the minimum age of criminal responsibility is set as 12, below the international standards. This creates a contradiction in which children aged 12–13 are formally recognized as needing protection, yet are criminally responsible and exposed to judicial processes. As a result, Palestinian legislation aligns with the CRC in structure but not in full implementation of its core intent, leaving a critical protection gap for younger children and underscoring the need for legal reform. In practice, diversion and restorative justice measures are inconsistently applied, causing many children to face judicial processes that may involve detention, court appearances, and legal sanctions. This gap between legal provisions and practice reflects continued reliance on punitive procedures. Although there are official efforts to coordinate between relevant actors (the Public Prosecution, the police, the Ministry of Social Development, and the Bar Association) through the signing of a Memorandum of Understanding to provide early legal representation for children and support them throughout legal proceedings, this initiative reflects an important step toward child-friendly justice and inter-agency collaboration. However, implementation remains inconsistent and incomplete. Reports from human rights organizations, including the Independent Commission for Human Rights (ICHR), and local studies highlight fragmented coordination, lack of unified guidelines, and inconsistent application of procedures across institutions. Although cooperation exists in principle, the absence of a fully structured and effective coordination mechanism leads to delays, service fragmentation, and incomplete protection for children in practice. 5. Advocacy messages and recommendations “No child under the age of 14 should be criminalized” and “ raising the MACR strengthens justice rather than weakens it”. Evidence from child development research and international standards shows that children under 14 lack the capacity to fully understand the legal consequences of their actions. Maintaining the MACR at 12 exposes children to unnecessary criminalisation and long-term harm, while raising the MACR to 14 promotes rehabilitation, reduces reoffending, and aligns Palestinian law with international child rights standards, including (CRC) and the Beijing Rules. Based on these principles, the following recommendations are proposed: ● Legislative Reform ● System Strengthening ● Capacity Building ● Public Awareness 6. Call to action Palestine has a critical opportunity to advance a child-rights-based justice system by raising the minimum age of criminal responsibility. Criminalizing children under 14 exposes them to harmful legal processes that do not consider their developmental needs, increasing risks of stigma and reoffending. Raising the MACR is a necessary step to protect children, strengthen the justice system, and align national law with international standards. Shoruq, in collaboration with national and international partners, calls on policymakers to amend the Juvenile Protection Law to raise the MACR and ensure that responses to children are based on rehabilitation rather than punishment. This includes ensuring child-sensitive legal processes that reflect children’s best interests and developmental needs, strengthening coordination among justice actors, and investing in early intervention, family support, diversion, and community-based programs that prevent reoffending and support reintegration.