Nicamil’s PhD Journey: Living a Life that is Inspiring, Fulfilling and ExcitingPosted on December 2, 2011 by Nirveeka
.
Nicamil is from the Philippines. He is currently writing his dissertation about “Successful Ageing” at Australian Catholic University (ACU) in Canberra. Doing a PhD is quite demanding and I would like to thank Nicamil who agreed to this interview despite his busy schedule!.
Doing a PhD must be quite demanding! How do you balance your research work and social life?
The secret is to invest about 30 hours per week to finish in four years. A PhD dissertation is like a triathlon that every athlete is dreaming to complete – it requires preparation: I organize my personal schedule through planning for daily, weekly and monthly goals. One of them is to maintain quality relationships with friends and loved ones via Skype or FaceBook in the Philippines and going out on the weekends or for a coffee after work. Additionally, I always remind myself of the word “Life”: for me that means that my PhD journey is about living a life that is inspiring, fulfilling and exciting. The dissertation is a significant chapter of my life and should not be a hindrance to maintain quality relationships.
Why have you decided to do your PhD at Australian Catholic University?
Nicamil won the 2011 Australian Leadership Award
As a recipient of the prestigious Australian Leadership Awards 2011, the university’s mission is based on forming students to become professionals and leaders in their own field. ACU is my first choice because of its seasoned lecturers in the field of social sciences and its long tradition of catholic education. Also, ACU has the most extensive international network with other catholic universities around the world and it is currently pursuing collaborations through exchange programs that are beneficial for its students as they have an international experience of living and studying. I believe that ACU is the primary university in forming citizens with character, integrity, and honour.
What do you like about ACU?
ACU is proactive and sensitive to the needs of its students as well as the community. I share the mission of the university in promoting positive change at communities through innovative research and advancement of knowledge in different areas, and ultimately, to be of service to people. Also, ACU is pioneering community engagement that provides opportunity to disadvantaged individuals to pursue their university education. ACU develops a culture of caring for one another to ensure that students will have a worthwhile experience.
Tell us about your research topic and why you wanted to investigate that area?
My research topic is about successful ageing and its implications to the social work knowledge and practice. Population ageing is a worldwide phenomenon that will affect both developed and developing countries and will have a greater impact on countries like the Philippines. Successful ageing is a life-long journey which requires preparation to adapt to an environment of being an older person and maintain independence, age well, and continuously participate and interact. The findings of my study will be useful in influencing the Philippines’ social welfare policy and program and contribute to social work knowledge and practice with older persons.
What advice would you like to give to our future PhD students?
Continue to be passionate, caring, idealistic, and most importantly, step forward to make a difference. Don’t lose your passion in searching for new knowledge, and remember to care about what’s happening in your community and the society at large, and most importantly, contribute toward the improvement of quality of life. At the Canberra campus, we have initiated the “Meeting of Minds” which is a monthly forum to encourage interaction among postgraduate students, which is open to all students who are thinking of doing a higher degree course. Remember the saying that “there are many called, but few are chosen”.http://blogs.acu.edu.au/international/8071/nicamils-phd-journey/
The Challenges Faced by the Family Carer of Older Person
Nicamil K. Sanchez
PhD student
Australian Catholic University
Abstract
Objectives: The purpose of this study was to solicit the opinion of the primary family carer of older person about the challenges of providing care and of being a carer.
Methods: Qualitative interviews were conducted to six primary family carer of older person. The participants were recruited based on availability sampling and limited to those who are relatives living nearby or in the residence of the older person. The interview transcripts were analysed using a “Coding, Consensus, Co-occurrence, and Comparison” grounded theory framework.
Results: There were four female and two male respondents and the median age is 53.3 years old while the median age of the older person is 82.1 years old with a 29 years difference. Three key themes were identified as major challenges of the family carer namely physical fatigue, financial difficulties, and social exclusion. Given the challenges due to physical and social pressure, the Maltese primary family carer is still willing to take care of their elderly in their own home provided that appropriate services is in-place to support them.
Discussion: All of the respondent feel a sense of fulfilment in reciprocating the care and affection they receive from their elderly parent. This was a vindication that the family is still up to the challenge in providing care for the older person provided that necessary community program and social support is provided for the primary carer, and to promote shared responsibility among members of the family in supporting the primary family carer and in providing supplementary care.
RATIONALE
In early Judeo-Christian-Moslem doctrine placed care-giving at the center of the deed of charity, both for the “caregiver” (as a duty) and for the recipient (as a right to receive). Care giving remains to be the primary role of the family towards its elderly member and remains to be the primary informal institution that is capable of providing quality care with affection and love. Based on Mestheneos (2005, p. 18), family care is defined as “care and/ or financial support provided by a family member for a person 65 years of age or over needing at least 4 hours of personal care or support per week, at home or in a residential care institution”. While in this study, primary family carer is defined as the relative of the older person who provides full time care or assistance and living in the ancestral residence. In identifying the primary family carer, Grant & Nolan (1993) suggests that older people typically turn for help to their adult children who are also the chief caregivers for older men and women who are no longer married. Providing family care to older person is a form of social contract which provides that the main responsibility lies with the family member mostly elderly wife or husband, eldest or youngest daughter and children who are mostly single and still living nearby or in the residence of the older person. The main challenge for the family primary carer is the extreme behaviour and dependency of older person which it will be almost impossible for the older person to be taken care of at home (Kiecolt-Glaser et al., 1987; Martin-Cook, Trimmer, Svetlik, & Weiner, 2000; Stoltz, Udén, & Willman, 2004). Moreover, families are facing new challenges to give care and help as well as bearing the costs of long-term care for elderly members (Brubaker, Gorman, & Hiestand, 1990). According to Troisi & Formosa (2006), care giving tasks should not be assumed to be a natural part of family life to be done with little or no support. Thus, older person turn first to their own family for support and care or they proceed directly to welfare organizations or agencies like in Malta.
Guided by international commitments, the Madrid Plan of Action on Ageing provided recommendation and importance of the family as the informal institution in caring for its elderly and in-support, the European Plan of Action on Ageing gave emphasis in building the capability and skills of the family carer to enable them to effectively care for older persons with dementia. Thus, providing support to family carer of older person gain international significance. The average women will spend more years caring for elderly parents than she will spend caring for her own children and care giving responsibility has become a major and predictable part of the life cycle of Americans (Spanier & Glick, 1980; Watkins, Menken, & Bongaarts, 1987). In Malta, Troisi & Formosa (2006) claims that care of the elderly in the community has become the policy of the Maltese government but family carers still does not have any representative organisation. The Maltese Civil Code of Laws states that both spouses are bound, each in proportion to his or her means and of his or her ability to work whether in the home or outside the home as the interest of the family requires to maintain each other and to contribute towards the need of the family and it further explains that maintenance includes food, clothing, health and habitation. Providing family maintenance is based on social reciprocity. Since women make up the majority of elderly they would likely to be the most affected by pensions and benefit cuts which they are most likely need family maintenance (Caligiuri, Joshi, & Lazarova, 1999). Often, the eldest women and the spouse and unmarried daughters are the primary family caregiver who shoulders the burden of doing multi-roles and responsibilities compare to other members of the family. Thus, the family relationships among members are very important to maintain the traditional role of the family given the numerous challenges faced deep-seated changes in the structure of the family that affect its caring capacities to its elderly members (Troisi & Formosa, 2006). In cases of extreme frailty or dependency of an elder, the burden of on family members may prove exhausting, leading to burnout” and perhaps elder abuse or neglect (Stone, Cafferata, & Sangl, 1987). These conditions have led to gerontologists to speak of family caregivers themselves as the “hidden victims” of the diseases (Hébert, Dubois, Wolfson, Chambers, & Cohen, 2001; Kiecolt-Glaser, et al., 1987; Zarit, Orr, & Zarit, 1985). Among married couples, the primary caregiver tends to be the healthy spouse (Stephens & Christianson, 1986). Based on the study of (Stoltz, et al., 2004), family carers fear social isolation and wish to network in groups with peers, either for social or for learning needs purposes, and desire respite care. Truly, the family carer has a multiple responsibility to fulfil and given the diminishing membership of the families, there is a need for shared responsibilities and obligations in caring for their elderly members. In an effort to sustain and encourage family care giving, some government like in Malta offers financial compensation for family carer while some critics argue that family compensation undermines basic family values turning normal family love and devotion into a commodity to be purchased (Troisi & Formosa, 2006).
METHODS
Participants
Individual interviews were conducted to six (6) family carer living nearby or in the older persons residence and they were able to sign an informed consent in various locations in Valleta, Malta. The respondents were recruited based on availability sampling or from the recommendations of individuals likely to be interested in the study. Participants were aware in advance that the interview would consist of a discussion of their views on the challenges they experience in providing care for their elderly parents or relatives. The age of participants or the family carer interviewed ranged from 39–83 years, with a median age of 53.3 years old while the older person they are taking care of is 82.1 with a 29 years difference.
Procedures
The study was approved by the University of Malta European Centre of Gerontology and Geriatrics and conducted within the span of three months. Each participant provided a written informed consent for the study (including audiotaping and transcription of the interviews) before participation. The researcher utilized an unstructured interview method. Unstructured interview provides that the interviewer has a general topic in mind and it allows to define areas of importance that would need detail understanding through asking specific question with no predetermined order (Sommer & Sommer, 1992). Each interview was completed in the individual’s home. Primary question is what are the challenges you are currently facing in taking care of your elderly parents or relatives? During each interview, the interviewer started with general questions, including those listed above. Additional questions were asked, when needed, to elicit further details based on the qualitative research techniques outlined by Patton (2002) served as the training manual. Interviews lasted for up to 45 minutes in length, with the content of each interview audiotaped and subsequently transcribed.
Data Analysis
Transcripts were analysed using the method of “Coding Consensus, Co-occurrence, and Comparison” proposed by Willms et al., (1990). The content was initially coded independently by the primary investigator and condensed into specific key points. It also ensure that the respondent's answers to delve more deeply into the narrative insights of the six primary carer. Likewise, the literature review was conducted to have a general understanding on the policy and program that supports family carer of older person in Malta.
RESULTS
The respondents stated three key challenges physical fatigue, financial difficulties, and social exclusion. In addition, participants have identified the value of reciprocity were they put emphasis on the care and affection they receive from their elderly parent that have motivated them to care for them. These constructs are further discussed in detail below through participant quotes which is italicised.
Physical fatigue
Five out of six respondents mentioned that they are suffering from physical fatigue because of their routinely activity of caring for their elderly and given their age. “I am 83 years old, and I am having hard time caring for my bed-ridden husband because of my arthritis” while, one family carer mentioned that “I am hard time lifting my mother because of her dead weight at the same time I am also doing the household chores and I am not young anymore so I always feel physical fatigue”. Arthritis affects the older person as well as their family and it have and it contributes to physical fatigue and psycho-social burden (Spence, 2009). Further, four out six respondents stated that they are sad because of the lack of appreciation from the older person and lack of assistance from other members of the family. “I was scolded by my father and it seems he does not appreciate the kind of care that I am doing and my brother and sister have not been bothered to help me”.
Financial difficulties
Three out of six respondents are unemployed with no definite income and full time family primary carer, and stated that they are encountering financial difficulties. They receive a minimum amount of assistance from the government and sometime from other family member, but most of the time from the pension of the older person. “I am receiving a family carer support allowance but is not enough to shoulder my family needs and I have not been working for a couple of years now because I need to provide full time care to my mother and at the moment, I am suffering from financial difficulties”. One of them states that “I am not qualified to avail of a carer’s allowance because I am not living with my mother but even if I am providing full time care and living nearby or adjacent to her house”. Family carer is likely to suffer from financial difficulties in later life due to prolong caring responsibilities and the lack of opportunities and experience in formal employment (Brody, 1985; George & Gwyther, 1986; Johnson & Catalano, 1983).
Social Exclusion
Family carers also worried about social isolation (Emerson, Robertson, & Wood, 2004). Four out of six respondents stated that they are socially excluded because they have no time for socialization or attending to social activities given the condition of their elderly relative. Most of the carer states that, “I always taking care of my husband and caring for his need especially he is fully dependent and I do not have time to socialize or go out our house except when I am going to my doctor for appointment”. Another statement is “After my mother got sick I seldom go out with friends and sometimes I would bring my mother in a wheelchair to attend to some family gatherings but it is very rare because the wheelchair cannot fit in my mini car” but also he states that “I feel that I am s socializing if I am with my mother and with my wife who is very helpful in assisting me in cooking for mother and cleaning the house”. Further, one carer stated that “When I am going to bring my father in the hospital and meeting his doctor and nurses, I feel that I am already socializing because it has been regular routine for us to see them and they become our friends”. Meanwhile, all of the family carer states that they are not a member or involved in any community organization for family carer.
DISCUSSION
In the context of family caring in Malta, children are bound to maintain their parents or other ascendants that are indigent and they are entitled to inherit the properties of their parents (Bainham, 1996; Troisi & Formosa, 2006). In this research, all of the respondents mentioned the sense of fulfilment in taking care of their elderly parents which is attributed to the kind of care and affection they experienced when they are being raise by their parents. Some patterns of family care giving over the life span are illuminated by the exchange theory of aging (Dowd, 1975; Hogan, Eggebeen, & Clogg, 1993). The exchange theory also provides that family caring is not only a social responsibility and the modern day interpretation of the “Golden Rule” (Do not do unto others what you don’t want others do to you). Parents care for children and spouses care for one another both because of moral obligation to work out an equilibrium to balance the exchanges (Dowd, 1984; Homans, 1982). According to Gouldner (1960), one rule of exchange theory is the norm of reciprocity which norm establishes a set of reciprocal demands and obligations that lend stability to social systems like people should help those who have helped them. This has been the primary motivation of primary carer to continue caring despite the financial difficulties, physical fatigue, and social exclusion they might face. Another important aspect for primary family carer is the support of other members of the family. In this research, five out of six respondents mentioned that they are receiving financial assistance from other members of their family for taking care of their elderly parents. Meanwhile, further research is needed in supporting the claim that the family remains to be the most viable informal institution to provide responsible care for the older person.
Family caregiving is best understood in context of lifelong family relationships (Antonucci, 1990). Thus, there is a need for further research in looking at other member of the family who are not directly providing care to the older person but are providing financial support to the primary care to continue providing care to their elderly parents or relatives. This is in response to the constant search for support and information by the family carer (Chambers, Ryan, & Connor, 2001). It also suggests the important role families play in providing social support not only to the older person but also to the primary carer (Jones & Vetter, 1985; Pruchno, Wilson-Genderson, Rose, & Cartwright, 2010). Given the key challenges of being a primary family carer, they are most likely at risk to caregiver burden and based on the study of Martin-Cook, et al., (2000), caregiver burden did not represent an appropriate outcome measure in this situation, and that the most desired outcome was the openness of individuals to assistance when and where they were able to accept it. Thus, providing formal social support is another distinctive program for the family carer in Malta. The Maltese community health nursing service which two of the respondents have stated that they are benefiting from services most specifically in assisting them in dressing and bathing the older person at the same time they are also utilising the respite care services provided by the government for free.
References
Antonucci, T. C. (1990). Social supports and social relationships. Handbook of aging and the social sciences, 3, 205-226.
Bainham, A. (1996). The international survey of family law (Vol. 1): Martinus Nijhoff Publishers.
Brody, E. M. (1985). Parent care as a normative family stress. The Gerontologist, 25(1), 19.
Brubaker, E., Gorman, M. A., & Hiestand, M. (1990). Stress perceived by elderly recipients of family care. Family relationships in later life, 64, 267.
Caligiuri, P. M., Joshi, A., & Lazarova, M. (1999). Factors influencing the adjustment of women on global assignments. International Journal of Human Resource Management, 10(2), 163-179.
Chambers, M., Ryan, A., & Connor, S. (2001). Exploring the emotional support needs and coping strategies of family carers. Journal of Psychiatric and Mental Health Nursing, 8(2), 99-106.
Dowd, J. J. (1975). Aging as exchange: A preface to theory. Journal of gerontology, 30(5), 584.
Dowd, J. J. (1984). Beneficence and the aged. Journal of gerontology, 39(1), 102.
Emerson, Robertson, J., & Wood, J. (2004). Levels of Psychological Distress Experienced by Family Carers of Children and Adolescents with Intellectual Disabilities in an Urban Conurbation. Journal of Applied Research in Intellectual Disabilities, 17(2), 77-84. doi: 10.1111/j.1360-2322.2004.00183.x
George, L. K., & Gwyther, L. P. (1986). Caregiver Weil-Being: A Multidimensional Examination of Family Caregivers of Demented Adults. The Gerontologist, 26(3), 253.
Gouldner, A. W. (1960). The norm of reciprocity: A preliminary statement. American Sociological Review, 161-178.
Grant, G., & Nolan, M. (1993). Informal carers: sources and concomitants of satisfaction. Health & Social Care in the Community, 1(3), 147-159.
Hébert, R., Dubois, M. F., Wolfson, C., Chambers, L., & Cohen, C. (2001). Factors associated with long-term institutionalization of older people with dementia. The Journals of Gerontology Series A: Biological Sciences and Medical Sciences, 56(11), M693.
Hogan, D. P., Eggebeen, D. J., & Clogg, C. C. (1993). The structure of intergenerational exchanges in American families. American Journal of Sociology, 1428-1458.
Homans, G. C. (1982). The Present State of Sociological Theory*. Sociological Quarterly, 23(3), 285-299.
Johnson, C. L., & Catalano, D. J. (1983). A longitudinal study of family supports to impaired elderly. The Gerontologist, 23(6), 612.
Jones, D. A., & Vetter, N. J. (1985). Formal and informal support received by carers of elderly dependents. British Medical Journal (Clinical research ed.), 291(6496), 643.
Kiecolt-Glaser, J. K., Glaser, R., Shuttleworth, E. C., Dyer, C. S., Ogrocki, P., & Speicher, C. E. (1987). Chronic stress and immunity in family caregivers of Alzheimer's disease victims. Psychosomatic Medicine, 49(5), 523.
Martin-Cook, K., Trimmer, C., Svetlik, D., & Weiner, M. F. (2000). Caregiver burden in Alzheimer's disease: Case studies. American Journal of Alzheimer's Disease and Other Dementias, 15(1), 47-52. doi: 10.1177/153331750001500110
Mestheneos, E. (2005). Supporting Family Carers of Older People in Europe-The Pan-European Background Report (Vol. 1): LIT Verlag Münster.
Patton, M. Q. (2002). Qualitative research and evaluation methods: Sage Publications, Inc.
Pruchno, R. A., Wilson-Genderson, M., Rose, M., & Cartwright, F. (2010). Successful Aging: Early Influences and Contemporary Characteristics. The Gerontologist, 50(6), 821-833. doi: 10.1093/geront/gnq041
Sommer, R., & Sommer, B. B. (1992). A practical guide to behavioral research: Oxford University Press New York.
Spanier, G. B., & Glick, P. C. (1980). The life cycle of American families: An expanded analysis. Journal of Family History, 5(1), 97.
Spence, J. (2009). Arthritis: a family affair: arthritis can affect young as well as older people. Its effects can disrupt family life and relationships, as Jane Spence explains.(Leader)(Report). Journal of Family Healthcare, 19(5), 153(153).
Stephens, S. A., & Christianson, J. B. (1986). Informal care of the elderly: Lexington Books, Lexington, Mass.
Stoltz, P., Udén, G., & Willman, A. (2004). Support for family carers who care for an elderly person at home – a systematic literature review. Scandinavian Journal of Caring Sciences, 18(2), 111-119. doi: 10.1111/j.1471-6712.2004.00269.x
Stone, R., Cafferata, G. L., & Sangl, J. (1987). Caregivers of the frail elderly: A national profile. The Gerontologist, 27(5), 616.
Troisi, J., & Formosa, M. (2006). Supporting Family Carers of Older People in Europe-The National Background Report for Malta (Vol. 2): LIT Verlag Münster.
Watkins, S. C., Menken, J. A., & Bongaarts, J. (1987). Demographic foundations of family change. American Sociological Review, 346-358.
Willms, D. G., Best, J. A., Taylor, D. W., Gilbert, J. R., Wilson, D., Lindsay, E. A., & Singer, J. (1990). A systematic approach for using qualitative methods in primary prevention research. Medical Anthropology Quarterly, 4(4), 391-409.
Zarit, S. H., Orr, N. K., & Zarit, J. M. (1985). The hidden victims of Alzheimer's disease: Families under stress: NYU Press.
It’s about finding the liability age framework and a community-based intervention toward addressing juvenile delinquency.
Nicamil K. Sanchez
PhD student in Social Work
Australian Catholic University
The Philippines is signatory to the United Nations Convention on the Rights of the Child (CRC) which emphasize that the protection of children is the responsibility of the State while the foremost responsibility lies within the immediate environment of the community and the family, and it recommends that the minimum age of criminal responsibility in their legislation to sixteen years of age, or fourteen at the very least. The recent proposed policy statement of returning the age of criminal liability to nine years old is an alarming proposal, and I am not writing this to blame politicians and some analyst of proposing to lower down the age of innocence since petty crimes were recently blatantly committed in daylight by children and highlighted in the media. Maybe, we all have the same initial intuition to provide immediate intervention through presenting an alternative or amending key provision of the Republic Act. 9344 or the"Juvenile Justice and Welfare Act of 2006" which is on Section 6. “Minimum Age of Criminal Responsibility” which state that children fifteen (15) years of age or under at the time of the commission of the offense shall be exempt from criminal liability and shall be subjected to an intervention program, and a child above fifteen (15) years but below eighteen (18) years of age shall likewise be exempt from criminal liability and be subjected to an intervention program, unless he/she has acted with discernment. The key issues that have been overshadowed by the debate on the age of innocence is the update and impact of existing intervention and reintegration program and the responsiveness of diversionary procedures implemented by various government agencies.
Scientific studies will tell us that up to the age of thirteen children very often lack moral independence from adults and peers and up to the age of seventeen children’s discernment is still developing [1, 2]. Maybe, our good Senator Escudero based his suggestion on Piaget’s stage of subjective responsibility and reasoning and Kohlberg’s stages that between ten and seventeen (or at least sixteen) years of age some form of tort liability should be allowed [3]. While recognizing that we are all for the “best interest of our children” through ensuring rehabilitation and reintegration of children in conflict with the law but we must first recognize that it should start on prevention. I remember a Barangay Captain from Brgy. Maa, Davao City that told me that in addressing juvenile delinquency “it should be a shared commitment of everyone because transforming attitudes and upliftment of self-esteem requires time, strategy, resources, love, and participation of parents and community”. The best practices of Barangay Maa in transforming the lives of juvenile delinquents and reintegrating them into mainstream society is a great example of how community-based program is an effective mechanism but until now it was not been documented which could served as a model of reintegration that could be adopted nationally. Another good example is the partnership of Angeles City Social Welfare and Development Office and the Department of Social Welfare and Development in institutionalising the Barkada sa Barangay or the protective behavior session which is a good example of a community-based preventive program which have been widely used in Australia and other countries that have been effective in promoting a violence free school and community. These program address both the preventative and reintegration model that could be adopted and institutionalize into a broader and enhanced framework of intervention.
Based on recent studies, group-based cognitive behaviour therapy is found useful in addressing anxiety and violent attitude [4] that our local social worker could used but providing the capacity building for them is another question. Further, there is a need to provide a system of qualification for professional who will be responsible in analyzing the act of discernment since it requires additional expertise and training in the field of moral assessment and development that will provide scientific basis to guide the decision of the judge. The examples of bright spots cited by the main author of the law Senator Pangilinan (i.e. case of Wesley and Richard-not their real name) was overshadowed by recent cases, but many will argue that his sample size does not represent the whole population. Thus, there is a need for a wider research in this area that should be undertaken by various Social Work schools through the support of the DSWD.
In recognising the multifaceted problem of juvenile delinquency and the need for multi-disciplinary response, the DSWD together with concerned agency should take the lead role and scholars who have expertise in children to develop the “liability age framework” which provides a minimum degree of legal certainty to children, as well as to all actors of the legal system[5] and to ensure reintegration program are in-place in every Barangay. The policy proposal of returning the age of criminal liability to nine years old is an indication that policy in the Philippines is still based on mere intuition of politicians which is attributed to weak institution that should be in the forefront of policy analysis and the lack of evidence based research and practice which remains to be the main challenge for the human service professionals and academician.
References
1. Breznitz, S. and S. Kugelmass, Intentionality in moral judgment: Developmental stages. Child development, 1967: p. 469-479.
2. Helkama-Ragard, H., Children's chamber-pot, 1981, Google Patents.
3. Ferreira, N., Putting the Age of Criminal and Tort Liability into Context: A Dialogue between Law and Psychology. International Journal of Children's Rights, 2008. 16(1): p. 29-54.
4. Townsend, E., et al., Systematic review and meta-analysis of interventions relevant for young offenders with mood disorders, anxiety disorders, or self-harm. Journal of Adolescence, 2010. 33(1): p. 9-20.
5. Ceretti, A. and B. Moretti, DINAMICA DEL CONFLITTO E ESIGENZE DI PUNIZIONE NEI REATI DI VIOLENZA SESSUALE. Rassegna Italiana di Criminologia, 2002: p. 227.
Scientific studies will tell us that up to the age of thirteen children very often lack moral independence from adults and peers and up to the age of seventeen children’s discernment is still developing [1, 2]. Maybe, our good Senator Escudero based his suggestion on Piaget’s stage of subjective responsibility and reasoning and Kohlberg’s stages that between ten and seventeen (or at least sixteen) years of age some form of tort liability should be allowed [3]. While recognizing that we are all for the “best interest of our children” through ensuring rehabilitation and reintegration of children in conflict with the law but we must first recognize that it should start on prevention. I remember a Barangay Captain from Brgy. Maa, Davao City that told me that in addressing juvenile delinquency “it should be a shared commitment of everyone because transforming attitudes and upliftment of self-esteem requires time, strategy, resources, love, and participation of parents and community”. The best practices of Barangay Maa in transforming the lives of juvenile delinquents and reintegrating them into mainstream society is a great example of how community-based program is an effective mechanism but until now it was not been documented which could served as a model of reintegration that could be adopted nationally. Another good example is the partnership of Angeles City Social Welfare and Development Office and the Department of Social Welfare and Development in institutionalising the Barkada sa Barangay or the protective behavior session which is a good example of a community-based preventive program which have been widely used in Australia and other countries that have been effective in promoting a violence free school and community. These program address both the preventative and reintegration model that could be adopted and institutionalize into a broader and enhanced framework of intervention.
Based on recent studies, group-based cognitive behaviour therapy is found useful in addressing anxiety and violent attitude [4] that our local social worker could used but providing the capacity building for them is another question. Further, there is a need to provide a system of qualification for professional who will be responsible in analyzing the act of discernment since it requires additional expertise and training in the field of moral assessment and development that will provide scientific basis to guide the decision of the judge. The examples of bright spots cited by the main author of the law Senator Pangilinan (i.e. case of Wesley and Richard-not their real name) was overshadowed by recent cases, but many will argue that his sample size does not represent the whole population. Thus, there is a need for a wider research in this area that should be undertaken by various Social Work schools through the support of the DSWD.
In recognising the multifaceted problem of juvenile delinquency and the need for multi-disciplinary response, the DSWD together with concerned agency should take the lead role and scholars who have expertise in children to develop the “liability age framework” which provides a minimum degree of legal certainty to children, as well as to all actors of the legal system[5] and to ensure reintegration program are in-place in every Barangay. The policy proposal of returning the age of criminal liability to nine years old is an indication that policy in the Philippines is still based on mere intuition of politicians which is attributed to weak institution that should be in the forefront of policy analysis and the lack of evidence based research and practice which remains to be the main challenge for the human service professionals and academician.
References
1. Breznitz, S. and S. Kugelmass, Intentionality in moral judgment: Developmental stages. Child development, 1967: p. 469-479.
2. Helkama-Ragard, H., Children's chamber-pot, 1981, Google Patents.
3. Ferreira, N., Putting the Age of Criminal and Tort Liability into Context: A Dialogue between Law and Psychology. International Journal of Children's Rights, 2008. 16(1): p. 29-54.
4. Townsend, E., et al., Systematic review and meta-analysis of interventions relevant for young offenders with mood disorders, anxiety disorders, or self-harm. Journal of Adolescence, 2010. 33(1): p. 9-20.
5. Ceretti, A. and B. Moretti, DINAMICA DEL CONFLITTO E ESIGENZE DI PUNIZIONE NEI REATI DI VIOLENZA SESSUALE. Rassegna Italiana di Criminologia, 2002: p. 227.