CHILDRENS RIGHTS

I. WHO ARE CHILDREN?

Ordinance No. 10536-2007 of the City Council of the City of Cagayan de Oro defines a child as a person below eighteen (18) years of age or those over but are unable to fully take care of themselves from abuse, neglect, cruelty, exploitation or discrimination because of a physical or mental disability or condition. 1 Along with the general definition of who is a child, the ordinance also defined Child at Risk2 and Child in Conflict with the Law3, and Children in Need of Special Protection (CNSP)4 to wit,: Child at Risk refers to child who is vulnerable to and at risk of committing criminal offenses because of personal, family and social circumstances, as such, but not limited to the following: a. Being abused by any person through sexual, physical, psychological, mental, economic or any other means and the parents or guardian refuse, are unwilling, or unable to provide protection for the child; b. Being abandoned or neglected, and after diligent search and inquiry, the parent or guardian cannot be found; c. Coming from dysfunctional or broken family or without a parent or guardian; d. Being in a community where there is armed conflict or being affected by armed conflict-related activities; e. Working under conditions hazardous to life, safety and morals which unduly interfere with their normal development; f. Living in or fending for themselves in the streets of urban or rural areas without the care of parents or a guardian or any adult supervision needed for their welfare; g. Being children of indigenous people and/or living under conditions of extreme poverty or in an area which is underdeveloped and/or lacks or has inadequate access to basic services needed for a good quality of life; h. Being a victim of a human-made or natural disaster or calamity; or i. Analogous circumstances which endanger the life, safety or normal development of children; j. Gang or living in a community with high level of criminality or drug abused; k. Dysfunctional or broken family; l. Child prostitution
1 2

Sec. 3(1), Ordinance no. 10536-2007, Cagayan de Oro City Sec. 3(5), Ibid. 3 Sec. 3(6), Ibid. 4 Sec. 3(20), Ibid.

xxx Child in Conflict with the Law refers to a child who is alleged as, accused, or adjudged as, having committed an offense under existing laws, ordinances and regulations of the City Government of Cagayan de Oro and law of the Philippines. xxx Children in Need of Special Protection (CNSP) shall refer to all persons below 18 years of age, or those 18 years old and over but are unable to take care of themselves because of physical or mental disability or condition; who are vulnerable to or are victims of abuse, neglect, exploitation, cruelty, discrimination and violence (armed conflict, domestic violence) and other analogous conditions prejudicial to their development. CNSP include but are not limited to: a. b. c. d. e. f. g. h. Sexually/physically-abused children Children in commercial sexual exploitation Children in conflict with the law Children involved in armed conflict Working children or victim of child labor Children in various circumstances of disability Displaced children/refugee children Children directly affected by Human Immuno-deficiency Virus (HIV)/Sexual Transmitted Infections/Disease (STI/D) i. Street Children j. Children in substance abuse k. Mentally challenged children; and l. Abandoned children / children without primary caregiver

II.

WHY IS THERE A NEED TO PROTECT THEM?

Enshrined in the 1987 Philippine Constitution is the declaration of the policy of the State for the guarantee of full respect of human rights.5 It also recognizes the vital role of the youth in nation-building and shall promote and protect their physical, moral, spiritual, intellectual, and social well-being.6 The Constitution, therefore, gives importance to the rights of the citizens and the proper rearing and protection of the youth as the State acknowledges that the youth is the future of the nation. The Constitution recognizes that physical and emotional punishment of children is a breach of their rights and it disregards the entitlement of
5 6

Sec. 11, Art. 2, THE 1987 CONSTITUTION Sec. 13, Art. 2, THE 1987 CONSTITUTION

respect dignity and integrity. As such, the Protection of Children is one of the paramount policies of the state as mandated by Sec. 3(b), Art. 15 of the 1987 Constitution: The State shall defend: xxx (2) 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 prejudicial to their development; Xxx Presidential Decree 603 establishes that the child is one of the most important assets of the nation and thus there should be an effort to promote his welfare and enhance his opportunities for a useful and happy life. It confirms that the proper rearing of the children is first and foremost, the responsibility of the family and that the community and the government should assist and give support in the endeavor to prepare the child for the responsibilities of adulthood.7 Moreover, PD 603, also known as The Child and Youth Welfare Code highlights the rights of a child, specifically those that entitle the childs protection, to wit,: Article 3. 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. xxx (8) Every child has the right to protection against exploitation, improper influences, hazards, and other conditions or circumstances prejudicial to his physical, mental, emotional, social and moral development. (9) Every child has the right to live in a community and a society that can offer him an environment free from pernicious influences and conducive to the promotion of his health and the cultivation of his desirable traits and attributes. (10) Every child has the right to the care, assistance, and protection of the State, particularly when his parents or guardians fail or are unable to provide him with his fundamental needs for growth, development, and improvement.8

7 8

Art. 1, PD 603 Art.3, PD 603

Also stated in the The New Civil Code of the Philippines are the following articles relating to the right of a child to be brought up well and to be protected not only by his family but also by his community: Art. 356. Every child: (1) Is entitled to parental care; (2) Shall receive at least elementary education; (3) Shall be given moral and civic training by the parents or guardian; (4) Has a right to live in an atmosphere conducive to his physical, moral and intellectual development. xxx Art. 358. Every parent and every person holding substitute parental authority shall see to it that the rights of the child are respected and his duties complied with, and shall particularly, by precept and example, imbue the child with high mindedness, love of country, veneration for the national heroes, fidelity to democracy as a way of life, and attachment to the ideal of permanent world peace. Art. 359. The government promotes the full growth of the faculties of every child. For this purpose, the government will establish, whenever possible: (1) Schools in every barrio, municipality and city where optional religious instruction shall be taught as part of the curriculum at the option of the parent or guardian; (2) Puericulture and similar centers; (3) Councils for the Protection of Children; and (4) Juvenile courts. Art. 360. The Council for the Protection of Children shall look after the welfare of children in the municipality. It shall, among other functions: (1) Foster the education of every child in the municipality; (2) Encourage the cultivation of the duties of parents; (3) Protect and assist abandoned or mistreated children, and orphans; (4) Take steps to prevent juvenile delinquency; (5) Adopt measures for the health of children; (6) Promote the opening and maintenance of playgrounds;

(7) Coordinate the activities of organizations devoted to the welfare of children, and secure their cooperation. The 2010 State of the Filipino Children Report, a document prepared annually by the Council for the Welfare of Children (CWC) to serve as advocacy material for all sectors that work with and for children, has revealed that the number of children that are vulnerable to and have become victims of various forms of abuse, violence, and exploitation are growing. They specifically cite the situation of children in Mindanao stating that it needs special attention because several regions and provinces in Mindanao are inferior in terms of child protection, especially those affected by armed conflict and displacement as a result of natural and manmade disaster. Because of these conflicts, the families are incapacitated to protect their children and as a consequence, there is a deprivation of the services and lack of opportunities for growth and development.9

III.

WE NEED TO PROTECT THEM FROM WHAT?

City Ordinance 10536-2007 highlights the difficult circumstances and situations that may gravely harm and endanger the lives of children. These are the following: Child Abuse refers to the maltreatment, whether habitual or not, of the child which includes any of the following: a. Psychological and physical abuse, neglect, cruelty, sexual abuse and emotional maltreatment; b. Any act by deeds or words which debases, degrades or demeans the intrinsic worth and dignity of a child as a human being; c. Unreasonable deprivation of his basic needs for survival, such as food and shelter; or d. Failure to immediately give medical treatment to an injured child resulting in serious impairment of his growth and development or his permanent incapacity or death.10 xxx Children in Difficult Circumstances which gravely threatens or endanger the survival and normal development of children to include but are not limited to the following: a. Being in a community where there is armed conflict or being affected by armed conflict-related activities; b. Working under conditions hazardous to life and safety which unduly interface with their normal development;
9

Child-Friendly Governance: Focus on Resource Allocation, 2010 State of the Filipino Children Report, Council for the Welfare of Children 10 Sec. 3(2), Ordinance no. 10536-2007, Cagayan de Oro City

c. Living in or feeling for themselves in the streets of urban or rural areas without the care of parents or a guardian or basic services needed for the good quality of life; d. Being a victim of a man-made or natural disaster or calamity; or e. Circumstances analogous to those above-stated which endanger the life, safety or normal development of children. f. Circumstances analogous to the above-stated which endanger the life, safety or normal development of children.11 xxx Trafficking in Persons refers to the recruitment, transportation, transfer or harboring, or receipt of persons with or without the victims consent of knowledge within or across national border by means of threat or use or force, or other forms of coercion, abduction, fraud, deception, abuse of power or of position, taking advantage of the vulnerability of the person, or, the giving or receiving of payments or benefits to achieve the consent of a person having control over another person for the purpose of exploitation which includes at a minimum, the exploitation or the prostitution of others or other forms of sexual exploitation, forced labor or services, servitude or the removal of body organs.12 xxx Prostitution refers to any act, transaction, scheme or design involving the use of a person by another, for sexual intercourse or lascivious conduct in exchange for money, profit or any other consideration.13 xxx Forced labor and slavery refers to the extraction of work or services from any person by means of enticement, violence, intimidation or threat, use of force or coercion including deprivation of freedom, abuse of authority or moral ascendancy, debt bondage or deception.14 xxx Sex Exploitation refers to participation by a person in prostitution or the pornographic materials including online pornography or cybersex as a result of being

11

Sec. 3(4), Ibid. Sec. 3(9), Ibid. 13 Sec. 3(10), Ibid. 14 Sec. 3(11), Ordinance no. 10536-2007, Cagayan de Oro City
12

subjected to a threat, deception, coercion, abduction, force, abuse of authority, debt bondage, fraud or through abuse of a victims vulnerability.15 Additionally, The 2010 State of the Filipino Children Report has stated that Data from various agency reports and studies reveal the presence of working children (4.1 million as of 2001); street children (246,000 as of 2002); sexually abused and exploited children, trafficked children; children in armed conflict; children in drugs; children in conflict with the law; and children without parental care and at risk of losing parental care. This data shows that the government should exert effort to address these social problems concerning the development and protection of children.

IV.

PHILIPPINE LAWS RELATED TO THE PROTECTION OF CHILDREN

The Council for the Welfare of Children, as the lead inter-agency body for children developed the Child Protection Policy that will enable all CWC staff to take all reasonable precautions to prevent any harm to children and will also prepare them to deal with any incident that might occur while they are working or dealing directly with children. 16 This policy has enumerated the laws, and frameworks that are related to the protection of children. A. NATONAL LAWS ON CHILD PROTECTION a. The 1987 Constitution Article XV Section 3 imposes upon the State the obligation to defend 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 prejudicial to their development. b. E.0. 209 (Family Code of the Philippines) deals with the family as an institution and contains provisions which aim to promote the best interests of the child. c. R.A. 8369 (Family Courts Act of 1997) provides for the creation of family courts that are vested with exclusive jurisdiction over child and family cases. d. R.A. 8371 (Indigenous People Rights Act of 1997) provides for the nonrecruitment of children of indigenous cultural communities/indigenous peoples into armed forces. e. R.A. 9208 (The Anti Trafficking in Persons Act) providing for penalties on the recruitment, transportation or abduction of children to engage in armed activities.
15
16

Sec. 3(13), Ibid. Introduction, Child Protection Policy, Council for the Welfare of Children

f. RA 9231 (The Act Prohibiting Employment of Children in Hazardous Areas) recruitment of children for use in armed conflict is considered one of the worst forms of child labor. g. RA 9262 (The Anti-Violence Against Women and their Children Act of 2004) providing protective measures for women & children victims and prescribing penalties thereof. h. RA 9344 (The Juvenile Justice & Welfare Act of 2006) provides protection rights for children at risk and children in conflict with the law from prevention to rehabilitation & reintegration

B. National Framework Plans on Child Protection The following child protection frameworks support the countrys international commitments, including but not limited to, the Convention on the Rights of the Child (CRC), Millennium Development Goals (MDGs), and World Fit for Children (WFC): a. Philippine National Strategic Framework for Plan Development for Children (Child 21). Child 21 guides stakeholders in planning programs and interventions that promote and safeguard the rights of Filipino children in the 21st century. The framework weaves child rights (survival, development, protection and participation) with the child's life cycle. b. National Plan of Action for Children(Medium Term Plan: 2005-2010). NPAC further concretize the vision of Child 21 into clear, actionable, and time-bound plans within a five-year time frame from 2005-2010. c. Framework of Action Against the Commercial Sexual Exploitation of Children (FA CSEC) 2000-2004. The FA-CSEC sets out broad program objectives and strategic actions that will serve as guide to the various stakeholders in promoting child rights and preventing and/or controlling the growth of commercial sexual exploitation of children. d. National Framework for Childrens Participation. This framework elaborated the child participation component of Child 21. The said framework acknowledges childrens contribution for the development of their communities, and to programs, projects and policies affecting them. Child participation promotes selfdevelopment; leads to social awareness and responsible acts; upholds democratic principles and processes; and strengthens resilience and protective systems.

e. Comprehensive Program on Child Protection 2006-2010. CPCP is an elaboration of the NPAC Child Protection Component . It espouses vigorous advocacy and public consciousness-raising, capacity building, alliances building, family and community participation and empowerment, civil society mobilization and resource generation towards a broad-based response for the promotion, protection and fulfillment of the rights of children particularly those needing special protection. f. National Framework to End Violence Against Children (VAC). The Framework is a guide to the development and implementation of appropriate and effective legislative, policy and programmatic initiatives towards the elimination of all forms of violence against children in the Philippines.17 The Philippines, as a member of the United Nations, adopted the United Nations Conventions on the Rights of the Child (UNCRC), a human rights treaty setting out the civil, political, economic, social and cultural rights of the child. The UNCRC presents children as human beings and subject of their own rights. It also offers a vision of the child as an individual as well as a member of a family and community; with rights and responsibilities appropriate to his or her age and the stage of developments. The rights in the UNCRC can be divided into six categories: 1. 2. 3. 4. 5. 6. Fundamental Principles Civil & Political Freedom Family & Alternative Care Education, Culture & Leisure Health, Nutrition & Welfare Special Protection Measures

The UNCRC is a very important statement that children have rights as individuals and are not just the property or subjects of their parents. At the same time, the UNCRC takes into account the fact that children have evolving capacities; as they grow they are able to take more and more responsibility for their own actions and decisions. Accordingly they should be given more and more say in how decisions affecting them are made. Having an understanding about rights helps children and adults ensure that rights are protected. Aside from the laws and frameworks enumerated by the Child Protection Policy of the Council for the Welfare of Children, the following are the Child protection laws and frameworks:
17

Child Protection Policy, Council for the Welfare of Children

A. Laws a. P.D. 603 (The Child and Youth Welfare Code) b. R.A. 7610 (Special Protection of Children Against Abuse, Exploitation and Discrimination Act. c. R.A. 8043 (Inter-Country Adoption Act of 1995) d. R.A. 8552 (Domestic Adoption Act of 1998) e. R.A. 8980 (ECCD Act) f. R.A. 9775 (Anti-Child Pornography Act of 2009) B. Frameworks a. National Strategic Action Plan on Trafficking in Persons b. The Framework of Action against Commercial Sexual Exploitation of Children (CSEC) c. The National Program against Child Labor d. The Comprehensive Agreement on Respect for Human Rights and International Humanitarian Law (CARHRIHL) e. The Comprehensive Program Framework for Children Involved in Armed Conflict