BACKGROUD OF LEGAL DEVELOPMENTS ON

CHILDRENS RIGHTS
International
Local

SCHOOL SETTING
International Provisions
Local Provisions

SPECIAL PARENTAL AUTHORITY
What does the Ten Commandments
say about childrens rights?
1924 Geneva Convention on the Rights of a Child

1959 Declaration of the Rights of the Child

1973 Minimum Age Convention

1989 U.N. Convention on the Rights of the Child

2000 Optional Protocols to the CRC on Sex
Trafficking, Armed Conflict

THE CHILD AND YOUTH WELFARE CODE of 1973

The 1987 Constitution

RA 7610, ANTI CHILD ABUSE LAW - 1992

RA 9262 ANTI VIOLENCE AGAINST WOMEN AND
THEIR CHILDREN - 2004

RA 10627 ANTI BULLYING ACT OF
2013

The child is entitled to receive education,
which shall be free and compulsory, at
least in the elementary stages. He shall
be given an education which will promote
his general culture and enable him, on a
basis of equal opportunity, to develop his
abilities, his individual judgment, and his
sense of moral and social responsibility,
and to become a useful member of
society.

Right to have a teacher who knows her
subject matter
Right to have a teacher who does not criticize
me for being slow in one subject
Right to have a teacher who does not have to
announce my low score in class
Right to have a teacher who does not get
tired encouraging me to do my best
Right to have a teacher who offers
opportunities to the whole class and not just
pick out her choice-students
The best interests of the child shall be the
guiding principle of those responsible for his
education and guidance.

The child shall have full opportunity for play
and recreation, which should be directed to
the same purposes as education; society and
the public authorities shall endeavor to
promote the enjoyment of this right.

Right to have an honest teacher, who does
not tell off the answers during national
achievement tests just for the school to get
better ranking.
Right to have a teacher-coach who sincerely
thinks about my welfare as a pupil-athlete
first, before thinking about his additional
points for promotion

The child shall be protected from practices
which may foster racial, religious and any
other form of discrimination. He shall be
brought up in a spirit of understanding,
tolerance, friendship among peoples, peace
and universal brotherhood, and in full
consciousness that his energy and talents
should be devoted to the service of his fellow
men.

Right to have a teacher who refrains from
making his ethnic sentiments obvious, and
distinguishing people according to their tribal
groups.

States shall take all appropriate measures to
ensure that school discipline is administered
in a manner consistent with the child's human
dignity.
Right against corporal / undignified
punishment.

Now what about this one:

He who spares the rod hates his son,
but he who loves him
is careful to discipline him
(Proverbs 13:24)
Section 13. The State recognizes the vital role
of the youth in nation-building and shall
promote and protect their physical, moral,
spiritual, intellectual, and social well-being. It
shall inculcate in the youth patriotism and
nationalism, and encourage their involvement
in public and civic affairs.

Every child has the right to an efficient and
honest government that will deepen his faith
in democracy and inspire him with the
morality of the constituted authorities both in
their public and private lives.

Violation is criminalized
Right against bullying, which refers to any
severe or repeated use by one or more
students of a written, verbal or electronic
expression, or a physical act or gesture, or any
combination thereof, directed at another
student that has the effect of actually causing
or placing the latter in reasonable fear of
physical or emotional harm or damage to his
property; creating a hostile environment at
school
Right against any act that creates a hostile
learning environment for the child.

Schools are mandated to adopt clear policies
against acts that will create a hostile learning
environment.



Art. 218. The school, its administrators and
teachers, or the individual, entity or
institution engaged in child are shall have
special parental authority and responsibility
over the minor child care while under their
supervision, instruction or custody.

Authority and responsibility shall apply to all
authorized activities whether inside or
outside the premises of the school, entity or
institution.


Art. 219. Those given the authority and
responsibility under the preceding Article shall
be principally and solidarily liable for damages
caused by the acts or omissions of the
unemancipated minor. The parents, judicial
guardians or the persons exercising substitute
parental authority over said minor shall be
subsidiarily liable.


The respective liabilities of those referred to in
the preceding paragraph shall not apply if it is
proved that they exercised the proper diligence
required under the particular circumstances

Right to be insured of safety under the teachers
supervision.

Teachers are solidarily liable for the acts of their
students under their supervision.

basis of liability of teacher principle of loco parentis
(stand in place of parents)

Actual Cases:
1. School Of The Holy Spirit Of Quezon City vs. Corazon P.
Taguiam, G.R. No. 165565, July 14, 2008. (fieldtrip)
2. St. Josephs College, et al. ,vs. Jayson Miranda, G.R. No.
182353, June 29, 2010 (science experiment)