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Right

s
of
the

Child

UN-Convention on the Rights of


the Child
Nov. 20, 1989

The most universally binding international instrument on the


rights of the child.
It has been ratified by 191 countries; only 2 countries have
not ratified (US and Somalia).
It does not provide penal sanctions, but encourages State
Parties to enact Laws, rules and regulations implementing
the rights recognized in the Convention.
Adopted by the UN General Assembly on November 20,
1989.
Ratified by the Philippine Senate on July 26, 1990.
It introduces the
PERSPECTIVE

CHILD RIGHTS APPROACH

and

CHILD

Child Rights Approach


Considers children as persons with
ENTITLEMENTS.

RIGHTS

and

Children are not just recipient of treatment


There is a shift from

NEEDS

to

RIGHTS.

Child Perspective
While children are vulnerable and need special protection
and support, they are viewed as competent and capable
individuals with the right of participation and influence in all
decisions that concern them.
It is a concept applied in decision making and policy design
wherein children either actively participate or are involved.

Guiding Principles
Non-Discrimination
All rights apply to all children without exception. It is the States
obligation to protect children from any form of discrimination
and to take positive action to promote their rights.
Best Interest of the Child
All actions concerning the child shall take full account of his or
her best interest. The State shall provide the child with adequate
care when parents, or others charged with that responsibility,
fail to do so.
Survival & Development
Every child has the inherent right to life, and the State has an
obligation to ensure the childs survival and development.
Child Participation
The child has the right to express his or her opinion freely and to
have that opinion taken into account in any matter or procedure
affecting the child.

Child
Is a human being below the age of 18
years unless, under the law applicable
to the child, majority is attained earlier.
(Art. 1, CRC)
Refers to persons below eighteen (18)
years of age OR those over 18 but are
unable to fully take of themselves or
protect themselves from abuse, neglect,
cruelty, exploitation or discrimination
because of physical or mental disability
or condition.
(Sec. 3(a), R.A. 7610)

Categories of
Childrens Rights

Survival Rights
Protection Rights
Developmental Rights
Participation Rights

SURVIVAL RIGHTS
what must children have to live?

Right to life

Right to adequate standard of living

Right to health

Right to parental care & support

II PROTECTION RIGHTS
when and where must children take a part?

Right to a name, nationality and identity

Right to protection from child


maltreatment & neglect

abuse,

Right to protection from child labor &

economic exploitation

Right to protection from sexual abuse &


sexual exploitation, child abduction &
trafficking

III DEVELOPMENT RIGHTS


what must children have to grow whole?

Right to information

Right to education

Right to play and recreation

Right to participation in cultural activities

IV PARTICIPATION RIGHTS
what must children be protected from & when?

Right to opinion & to have ones views taken


into account

Right to be heard in judicial & administrative


proceedings

Right to freedom of thought, conscience and


religion

Right to freedom of association

Effects of CRC on Philippine Laws


Provision of CRC can by itself be a source of rights &
obligations and can be invoked in cases filed in Philippine
Courts;
Being a State party to the Convention, the Philippines has
the obligation to undertake all the appropriate legislative,
administrative and other measures for the implementation
of the rights, recognized in the convention;

Many laws concerning children have been passed. Among


these are:
PD 603
(Child & Youth Welfare Code)
RA 7610 (Special Protection of Filipino Children Act)
RA 8370 (Childrens Television Act)
RA 8043 (Inter-Country Adoption Code)
RA 8552 (Domestic Adoption Law)
RA 8369 (Family Courts Law)
RA 8980 (Early Childhood Care & Devt. Act)
RA 9344 (Juvenile Justice & Welfare Act)
RA 9231 (Worst Forms of Child Labor)
RA 9208 (Anti-Trafficking In Persons Act)
RA 9255 (Allowing Illegitimate Children Use of

General Duties
1. To give the child affection, companionship
and understanding;
2. to extend the benefits of moral guidance,
self- discipline and religious instruction;
3. to supervise his/her activities, including
the childs recreation;
4. to inculcate in the child the value of
industry, thrift and self-reliance;
5. to stimulate the childs interest in civic
affairs, teach
him/her the duties of
citizenship, and develop his/her
commitment to his/her country;
6.to advise him/her properly on any matter
affecting his/her development and wellbeing;
7. to always set a good example;
8. to provide him/her with adequate support;
and
9. to administer his/her property, if any,

Other Duties
1. Allow the child to participate in the discussion of
FAMILY AFFAIRS. In case of discipline, to present
his/her side;
2. Endeavor to WIN CHILDS CONFIDENCE;
3. COMMUNICATE WITH AND VISIT THE CHILD, if not
living with parents;
4. DISCOVER the childs TALENTS or APTITUDES and to
encourage and develop them;
5. Cultivate READING HABIT at home;
6. Encourage ASSOCIATION WITH OTHER CHILDREN
with whom he can develop common useful and
salutary interest; to KNOW THE FRIENDS and their
ACTIVITIES; and to PREVENT them from falling into
BAD COMPANY;

7. Allow the child to FORM or JOIN ORGANIZATIONS


and other useful COMMUNITY ACTIVITIES;
8. To be present and supervise when SOCIAL
GATHERINGS are held;
9. Prevent the child from VICES and OTHER HARMFUL
PRACTICES;
10.

Advice the child on the CHOICE OF CAREER;

11.

Not to FORCE or unduly INFLUENCE the child to


MARRY a person.

OBLIGATIONS OF A CHILD
(Civil Code of the Philippines)
Obey and honor his parents and guardians;
Respect his grandparents, old relatives and persons
holding substitute parental authority;
Exert his utmost for his education and training;
Cooperate with the family in all matters that make good
of the same.
(Pres. Decree 603)
Strive to lead an upright and virtuous life;
Love, respect and obey his parents;
Extend to his siblings his love, thoughtfulness and
helpfulness;
Participate actively in civic affairs and in the promotion
of general welfare;
Help in the observance of human rights;
Exert his utmost to develop his potentialities for service;
Respect not only his elders but also the customs and
traditions of our people, the duly constituted authorities,
the laws of our country and the principles and

OPTIONAL PROTOCOLS
to the
Convention on the Rights of the Child
(Adopted by the UN-General Assembly in
2000)

I Optional Protocol on the


Involvement of Children in Armed
Conflict
(115 signatories)

II Optional Protocol on the Sale of


Children, Child Prostitution &
Child Pornography

I-

Optional Protocol on the


Involvement of Children in
Armed Conflict
- Establishes 18 as the minimum
age for compulsory recruitment and
requires States to do everything
they can to prevent individuals
under the age of 18 from taking a
direct part in hostilities.

II - Optional Protocol on the Sale of


Children, Child Prostitution &
Child Pornography
Sale of children
any act or transaction whereby a
child is transferred by any person
or group of persons to another for
remuneration or any other
consideration
Child prostitution
the use of a child in sexual
activities for remuneration or any
other form of consideration;
Child pornography
any representation, by whatever
means, of a child engaged in real or
simulated explicit sexual activities
or any representation of the sexual
parts of a child for primarily sexual

- States must protect the rights and


interests of child victims of trafficking,
child prostitution and child
pornography, child labour and
especially the worst forms of child
labour.
- The protocol promotes international
law enforcement through provisions
covering jurisdictional factors;
extradition; mutual assistance in
investigations, criminal or extradition
proceedings and seizure and
confiscation of assets. Unlike the CRC,
in terms of which state parties
commit themselves only to taking
appropriate measures to prevent
certain practices, the protocol places
an explicit obligation on states to
make certain activities relating to the
sale of children a criminal offence.

THANK
YOU !

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