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IN GENERAL

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PHILIPPINE LAWS
PROMOTING THE
RIGHTS OF THE CHILD

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International and Philippine Human Rights Laws by Petralba (2013), Chapter 10

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THE CHILD
IN GENERAL
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THE RIGHTS OF THE CHILD


Children are humans with rights that are
entitled to respect and protection.

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UDHR declares that children are entitled to


special care and assistance, owing to their
vulnerability, dependence, and inability to speak
out.

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SEPTEMBER 20, 1990


The CONVENTION OF THE RIGHTS OF THE
CHILD (CRC) entered into force. It defines a
child as a person under 18 years of age,
unless he attains majority earlier under a law
applicable to him, and declares that the
child, by reason of his physical and mental
immaturity, needs special safeguards and
care,
including
the
appropriate
legal
protection, before as well as after birth.

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THE CONVENTION ADVOCATES THE


FOLLOWING PRINCIPLES:
1. The best interest of the child shall be the
primary consideration in actions concerning
children.
2. States Parties shall ensure the maximum
extent possible for the survival and
development of the child, and recognizes
the childs right to the enjoyment of the
highest attainable standard of health.
3. A child has the right to express his/her views
freely in all matters affecting him/her and
the views of the child shall be given due
weight in accordance with his/her age and
maturity.

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5. State shall respect the rights of the child to


freedom of
thought, conscience, and religion.
6. States Parties recognizes the rights of the
child to
freedom of association and the freedom
to peaceful
assembly.
7. No child shall be subjected to arbitrary or
unlawful interference with his/her privacy,
family, home or correspondence, nor to
unlawful attacks on his/her honour and
reputation.
8. The child has the right to education and
standard of living adequate for the his/her

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THE JUVENILE JUSTICE


AND WELFARE ACT

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IN GENERAL

Minors exempt from criminal liability

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Those who are fifteen (15) years old or below;


Those who are over fifteen (15) years old and
under eighteen (18) years old, when acting
without discernment;

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Those who committed


Article 202 of the RPC;

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Those who committed acts punished under PD


1563;

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acts

punished

under

Those who committed acts punished under PD


1619.

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THE
AGEfifteen
OF CONDITIONAL
Over
(15) years CRIMINAL
up to less than
LIABILITY.
eighteen (18) years.
A Children In Conflict with the Law (CICL)
within this age range may incur mitigated
criminal
liability
if
he
acts
with
discernment.
If the child did not act with discernment,
he shall be exempt from criminal liability,
in the same way that children fifteen (15)
years old or below are also exempt.

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RESTORATIVE
JUSTICE
The
law
provides
restorative
justice
mechanism for diversion and intervention
programs that the CICL must undergo before
a determination is made on whether or not
he would serve the sentence upon reaching
the age of majority.
It is a concept aimed at the healing of all
those affected by a crime: the victim, the
offender, the families of both the victim and
the offender, and the community.

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victim and the community, and therefore


must involve them. The government must
undertake to hire more professionals to
conduct the program and must give more
logistical support in order to meet the
standards set forth by law.
Holistic View: Restorative Justice is regarded
as a tool to prevent more crimes from
happening. The argument in support of this
is that the healing process could stop more
aggressions from both sides from happening,
and that the CICLs return to the mainstream
of
society
instead
of
his
further
conditioning in prison could make him a
better person.

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THE CHILD
IN GENERAL

CHALLENGES IN THE IMPLEMENTING OF


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No train personnel need to conduct the same.


- Hiring one untrained political supporter to do
the job for the whole local government unit
composed of tens of thousands of residents, sans
facilities and support, is not going to fly at all.
Determining the age responsibility.
- Move to lower age of criminal liability over 15
years of age to over 12 years of age.

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SPECIAL PROTECTION OF
CHILDREN AGAINST ABUSE,
EXPLOITATION AND
DISCRIMINATION ACT
or
THE ANTI-CHILD ABUSE LAW

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This
is
a
landmark
legislation for the protection
of children from abuses.
Many
of
the
crimes
incorporated under this law
are already punished in the
RPC, but when the victim is
a child, special laws and

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The penalties are higher, if only to stress the


greater need to protect from cruelty and
abuses.

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Child abuse refers to the maltreatment,


whether habitual or not, of the child which
includes any of the following:

RIGHTS OF
THE CHILD
IN GENERAL

1.

Psychological and physical abuse, neglect,


cruelty, sexual abuse, and emotional
maltreatment;

2.

Any act by deeds or word which debases,


degrades, or demeans the intrinsic worth
and dignity of a child as a human being;

3.

Unreasonable deprivation of his basic


needs for survival, such as food and
shelter; or

4.

Failure to immediately give medical


treatment to an injured child resulting in
serious impairment of his growth and
development
or
in
his
permanent
incapacity or death.

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SANCHEZ vs. PEOPLE citing


ARANETA vs PEOPLE

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The
Supreme
Court
emphasized that there are
four (4) kinds of crimes
falling under Section 10, RA
7610, to wit;

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FOUR (4) DISTINCT ACTS


PUNISHABLE:

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a.
b.
c.
d.

Child abuse
Child cruelty
Child exploitation
Childs development

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ELIMINATION OF THE WORST FORMS OF


CHILD LABOR

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and defined the worst forms


of child labor, the working
age of children and the
persons whom they can work
for, the hours of work, the
ownership,
usage
and
management of the working
childs income, and penal
provisions for violations of
the law.

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The International Labor Organization (ILO)


adopted the Convention Concerning the
Prohibition and Immediate Action for the
Elimination of the Worst Forms of Child Labor
(also known as C-182 or Worst Forms of Child
Labor Convention) in 1999.
This convention was ratified by the Philippines
on November 28, 2000.
On December 19, 2003, RA 9321 entitled, AN
ACT PROVIDING FOR THE ELIMINATION OF THE
WORST FORMS OF CHILD LABOR AND
AFFORDING STRONGER PROTECTION FOR THE
WORKING CHILD, was approved.

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practices similar to slavery such as sale and


trafficking of children, debt bondage and
serfdom and forced or compulsory labor,
including recruitment of children for use in
armed
conflict;
or
2. The use, procuring, offering or exposing
of a child for prostitution, for the production
of
pornography
or
for
pornographic
performances;
or
3. The use, procuring or offering of a child
for illegal or illicit activities, including the
production and trafficking of dangerous
drugs and volatile substances prohibited
under
existing
laws;
or

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hazardous or likely to be harmful to the


health, safety or moral of children, such that
it:
a. Debases, degrades or demeans the
intrinsic worth and dignity of a child as a
human being; or
b. Exposes the child to physical, emotional
or sexual abuse, or is found to be highly
stressful psychologically or may prejudice
morals; or
c. Is performed underground, underwater or
at dangerous heights; or

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d. Involves the use of dangerous machinery, equipment and tools


such as power-driven or explosive power actuated tools; or
e. Exposes the child to physical danger such as, but not limited
to the dangerous feats of balancing, physical strength or
contortion, or which requires the manual transport of heavy
loads;
or
f. Is performed in an unhealthy environment exposing the child
to hazardous working conditions, elements, substances, coagents or processes involving ionizing, radiation, fire, flammable
substances, noxious components and the like, or to extreme
temperatures, noise levels, or vibrations; or

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g. Is performed under particularly difficult


conditions; or
h. Exposes the child to biological agents such
ass bacteria, fungi, viruses, protozoans,
nematodes and other parasites; or
i. Involves the manufacture or handling of
explosives and other pyrotechnic products.

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ANTI-CHILD
PORNOGRAPHY

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It protects children who are


victims
of
pornographic
exhibitions and also those
who, regardless of age, are
presented or portrayed as a
child in such exhibitions.

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Child
- refers to a person below eighteen (18)
years of age or over, but is unable to fully
take care of himself/herself from abuse,
neglect, cruelty, exploitation or discrimination
because of a physical or mental disability or
condition.
Child Pornography
- refers to any reputation, whether visual,
audio, or written combinations thereof, by
electronic,
mechanical,
digital,
optical,
magnetic or any other means, of child
engaged or involved in real or simulated
explicit sexual activities.

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For the purpose of this Act, a child shall


also refer to:
1. A person regardless of age who is
presented, depicted or portrayed as a
child as defined herein; and

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2. Computer-generated, digitally or
manually crafted images or graphics of a
person who is represented or who is
made to appear to be a child as defined
herein.

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The law also requires the inspection and


regulation of internet cafes and kiosks by
local government units in order to
safeguard the children who are using these
commercial establishments.
Internet service providers, internet content
hosts, mall owners and other
establishments are required to stop child
pornography activities committed in their
premises and notify the authorities
immediately, under pain of penalty

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YOUTH IN NATIONBUILDING ACT

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The State recognizes its responsibility to


enable the youth to fulfill their vital role in
nation-building and hereby establishes the
National Comprehensive and Coordinated
Program on Youth Development, creates the
structure to implement the same and
appropriate adequate funds to provide
support for the program and implementing
structures on a continuing sustained basis.

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OFFICERS NATIONAL
YOUTH COMMISSION

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Chairman
Commissioner Representing Luzon,
Visayas and Mindanao
Commissioner representing two (2)
commissioners to be chosen at large
The President of the Pambansang
Katipunan ng mga Sangguniang
Kabataan

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OBJECTIVES
-

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To provide the leadership in the


formulation of policies.
To
encourage
wide
and
active
participation of the youth in all
governmental and non-governmental
program.
To harness and develop the full
potential of the youth as partners in
nation-building; and
To
supplement
government
appropriations for youth promotion and
development with funds from other
sources.

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POWERS OF THE
COMMISSION.

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To appoint the officers and other


personnel of the Commission
To suspend, dismiss or otherwise
discipline for cause. To enter into
contracts;
To acquire, use and control any land,
building, facilities, equipment,
instrument, tools and rights required

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To ensure the implementation youth


developmental projects
To issue rules and regulations in
pursuance of the provisions of this Act
To perform any and all other acts
incident to or required by virtue of its
creation
To acquire own, possess and dispose of
any real or personal property
To accept donations, gifts, bequests,
and grants

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FUNCTIONS OF
COMMISSION

THE

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a.

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b.

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c.

To formulate and initiate the national


policy or policies on youth;
To plan, implement, and oversee a
national integrated youth promotion
and development program;
To establish a consultative mechanism
which shall provide a forum for
continuing
dialogue
between
the
government and the youth sector on
the proper planning and evaluation of
policies,
programs
and
projects

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d.
To
assist
and
coordinate
with
governmental
and
non-governmental
organizations
or
institutions
in
the
implementation
of
all
laws,
policies,
programs and projects relative to youth
promotion and development.
e. To seek or request the assistance and
support of any government agency, office or
instrumentality.

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THE CHILD

ADVISORY COUNCIL

IN GENERAL
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There shall be an Advisory Council which shall be


composed of:

Secretary of the Department of Education, Culture and


Sports as Chairman and the Secretaries of the Department
of Budget and Management, the Department of Social
Welfare and Development, the Department of Interior and
Local Government, the Department of Agriculture, the
Department of Foreign Affairs, the Department of Labor
and Employment, the Department of Environment and
Natural Resources, the Director- General of the National
Economic and Development Authority, the Chairman of the
Philippine Charity Sweepstakes Office, and the Chairmen
of both Senate and House committees dealing with youth
and sports development, and the Philippine Sports
Commission.

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Child and Youth Welfare


Code

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Article I. Declaration of
Policy
The child is one of the most important
assets of the nation. Every effort should be
exerted to promote his welfare and enhance
his opportunities for a useful and happy
life.

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Article III. Rights of the


Child
All children shall be entitled to the rights
herein set forth without distinction as to
legitimacy or illegitimacy, sex, social status,
religion, political antecedents, and other
factors.

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Article IV.
Responsibilities of the
Child Every child, regardless of the

circumstances of his birth, sex, religion, social


status, political antecedents and other factors
shall:
1. Strive to lead an upright and virtuous life in
accordance with the tenets of his religion, the
teachings of his elders and mentors, and the
biddings of a clean conscience;

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2. Love, respect and obey his parents, and


cooperate with them in the strengthening
of the family;

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3. Extend to his brothers and sisters his


love, thoughtfulness and helpfulness,
and endeavor with them to keep the
family harmonious and united;

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XXX (4)

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CONSTRUCTION AND
INTERPRETATION
Article 8. Childs Welfare
Paramount

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In all questions regarding the care, custody,


education and property of the child, his
welfare shall be the paramount consideration.

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Article XVII. Joint Parental


Authority

The father and mother shall exercise jointly


just and reasonable parental authority and
responsibility over their legitimate or
adopted children. In case of disagreement,
the fathers decision shall prevail unless
there is a jusdicial order to the contrary.
In case of the absence or death of either
parent, the present or surviving parent shall
continue to exercise parental authority over
such children, unless in case of the surviving
parents remarriage, the court, for justifiable
reasons,
appoints
another
person
as
guardian.

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Article 46. General Duties. Parents


shall have the following general
duties toward their children:
1. To give him affection, companionship and
understanding;
2. To extend to him the benefits of moral
guidance, self-discipline and religious
instruction;
3. To supervise his activities, including his
recreation;
4. To inculcate in him the value of industry,
thrift and self-reliance;
5. To stimulate his interest in civic affairs,
teach him the duties of citizenship, and
develop his commitment to his country;

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TITLE VI. Ch. 2 Working


Children

Article 107 Employment of Children Below


16 Years Old
May be employed to perform light work
which is not harmful to their safety,
health or normal development and which
is not prejudicial to their studies.
Article 108 Duty of Employer to Submit
Report
The employer shall submit to the
Department of Labor a report of all
children employed by him. A separate

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BARANGAY-LEVEL
TOTAL DEVELOPMENT
AND PROTECTION OF
ACT

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In accordance, to the policy


of the state to defend the
right of the children to
assistance, and to provide
them
with
special
protection.

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The Total Development and


Protection of Children Programs
for Day Care Centers:
1.

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2.
3.
4.
5.
6.

Monitoring of registration of births and


completion of immunization series for
prevention.
Growth and Nutritional Monitoring
Care for children of working mothers
Materials and network of surrogate
mothers-teachers
Sanctuary for abused, neglected or
exploited children
Referral and Support System for
pregnant mothers.

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"States parties shall ensure the


maximum extent possible for the
survival and development of the
child, and recognizes the child's
right to the enjoyment of the
highest attainable standard of
health"

JUSTINE BLANCHE VERA


CRUZ
JONATHAN JAVIER
FAITH ROBES
MAUI POLANGCOS
JEFFREY FERNANDEZ

GROUP 1