CHILD RIGHTS, CHILD LABOR and JUVENILE JUSTICE SYSTEM

CHILD RIGHTS

Child Rights ( Ideal)

Art. 140 of the Labor Code. Prohibition Against Child Discrimination.
No employer shall discriminate against any person in respect to terms and conditions of employment on account of his age.

Republic Act No. 7610 (Special Protection of Children Against Abuse, Exploitation and Discrimination Act), ANTI-CHILD ABUSE LAW, 1992.
in effect aims for the State to intervene on behalf of the child when the parent, guardian, teacher or person having care or custody of the child fails or is unable to protect the child

against abuse, exploitation and discrimination.

Republic Act No. 7658 (amended to RA 7610),1993

prohibits the employment of children below 15

years of age, with exceptions but subject to strict conditions.

Republic Act No. 7323 (Education for Poor but Deserving Students Act), 1992,
allows employment of poor students during summer and Christmas vacations, with at least

60% of the salaries and wages goes to the student and 40% to their tuition fees. Students must at least be 15 years of age, but not more than 25.

Republic Act No. 9457 (amended RA No. 7323), 1999

provides for the qualification of children who can

join this program, family must be earning below the annual regional poverty threshold level of a family of six as determined by NEDA to qualify to this program

Republic Act No. 9262 (Anti-violence against Women and their Children Act of 2004),
seeks to protect women and their children from

violence and threats to their personal safety and security)

Other pertinent Laws in support of Children in the Philippines:

PD No. 603 (The Child and Youth Welfare Code), 1974. RA No. 8044 (Youth and Nation Building Act), 1995.

RA No. 8980 (Early Childhood Care and Development

Act), 1995. RA No. 9288 (Newborn Screening Act of 2004)

Child Rights (Reality)

Greater public awareness has

eroded traditional reluctance to report abuses against children. DSWD offices served nearly 7,500 victims of child abuse during the year 2000, 73 % of whom were girls

Some 60 percent of the girls were

victims of sexual abuse, while the majority of the boys had been abandoned or neglected. The problem of foreign pedophiles continued to be reported in the press, and the Government continued to prosecute accused pedophiles.

 In May, 2001 a Member of Congress who had

been convicted and sentenced to two life terms in prison in 1997 for the 1996 rape of an 11-year-old girl, was reelected for the second time since his initial conviction. In November the Supreme Court reaffirmed the conviction. Congressional leaders said they would wait until the Court's ruling became final before initiating expulsion procedures. (Crime and Society, Philippine Setting, Dr. Robert Winslow, San Diego State University).

Child Labor (Ideal)

Art. 139 of the Labor Code. Minimum Employable Age.

No child below fifteen (15) years of age shall be employed, except when he works directly under the sole responsibility of his parents or guardian, and his employment does not in any way interfere with his schooling. b) Any person between fifteen (15) and eighteen (18) years of age may be employed for such number of hours and such periods of the day as may be determined by the Secretary of Labor in appropriate regulations. c) The foregoing provisions shall in no case allow the employment of a person below eighteen (18) years of age in an undertaking which is hazardous or deleterious in nature as determined by the Secretary of Labor.
a)

Sec. 12 of RA 7610: Children below 15 may be employed provided that:

The employer shall secure for the child a work permit from

DOLE; The employer shall ensure the protection, safety and morals of the child; The employer shall institute measures to prevent exploitation or discrimination taking into account the system and level or renumeration, and the duration and arrangement of working time; The employer shall formulate and implement a continuous program for training and skill acquisition of the child.

RA No. 7658 provides for exception of employing children below 15, thus:
When the child works directly under the responsibility

of his parents and guardians where only members of the family are employed, provided that his primary needs are met, as well as the prescribed primary and/or secondary education; Where the childs employment is for entertainment, cinema, theater, radio, or television, employment is through parents or guardians consent, and the approval of DOLE;

Republic Act No. 9231( AN ACT PROVIDING FOR THE ELIMINATION OF THE WORST FORMS OF CHILD LABOR AND AFFORDING STRONGER PROTECTION FOR THE WORKING CHILD), Sec 12: Working Hours of the Child, thus:
A child below 15 years may be allowed to work for not

more than 20 hours a week, and not more than 4 hours of a given day; A child 15 but below 18 shall not be allowed to work for more than 8 hours a day and cant exceed 40 hours a week; No child below 15 shall be allowed to work between 6pm-8am

DUTY OF EMPLOYER TO SUBMIT REPORT

The employer shall submit to DOLE a report

of all children employed by him. The employer is also required to keep a register of all children employed by him, indicating their date of birth, as well as written consent from their parents/guardians. A separate file for their educational and medical certificates.

Child Labor (Reality)

 In Philippines there are about 2.06 million

children who are forced to work in rock quarries, farms, industries, mines and on fishing boats. The consequences of Child Labor on an underage child can be numerous and crippling on his or her physical, mental and emotional state. (as of October 2008, Article Alley.com)

 Widespread poverty forces many young children to work. According to UNICEF and ILO studies, some 2 million children were exposed to hazardous working environments, such as in quarries, mines, and at docksides in order to

earn their living. Sexual exploitation and trafficking in children for the purpose of sexual exploitation are problems. It is estimated that approximately 60,000 children are involved in the commercial sex industry.

 The Government estimates that there are as many as

200,000 street children nationwide, half of them in the greater Manila area. Welfare officials believe that the number is increasing as a result of widespread unemployment in rural areas. Many street children appear to be abandoned children engaged in scavenging or begging. In September 2001, an ILOsponsored report stated that children as young as 5 years old were involved in the production and sale of illegal narcotics. In February police arrested a 9-yearold working as a drug courier. (Crime and Society, Philippine Setting, Dr. Robert Winslow, San Diego State University).

Working Children, Ages 5-17

Initiating and Mobilizing Action Against Child Labor in the Philippines

The Philippines is literally a young nation with a high percentage of young people in its overall population. Children between ages 5-17 number

22.4 million, comprising a third of the overall Philippine population. Working children from 16% of the overall population of children between ages 5-7. That means that one out of six children work.

Economic Sector

Occupational Group

 In the last 12 months, 3.7 million

children of ages 5-17 worked. These children are predominantly from rural households (67.1%). Almost half (49%) are between ages 5-14.

 In the last week, 2.85 million children between ages 5-17 worked. Of this number, half are

between ages 5-14, consisting of approximately 1.4 million children. Working children consist largely of boys (65%) rather than girls. 60% are in unpaid family work in their own households, 17.2% work in their own homes; 53% work in family farms. (Ibon Facts and Figures Data, 2001).

CAUSES OF CHILD LABOR

CAUSES OF CHILD LABOR

POVERTY
BROKEN HOMES AND ABANDONED

CHILDREN NON-GOVERNMENTAL ACTION SOME ARE RECRUITED FROM THE PROVINCE AND PROMISED A BETTER LIFE IN MANILA

Key causes of child labour include: (By International Standards)

insufficient government expenditure on education,

with many countries spending substantially more on the military than on schools; cuts in government social and economic expenditure under structural adjustment programmes; intense competitive pressures caused by economic globalisation in the absence of rules to guarantee respect for international labour standards;

Key causes of child labour include: (By International Standards)

the cyclical nature of child labour, as poor parents are

forced to send children to work, depriving them of education and thus holding back development as the children of former child workers are themselves forced into the labour market; restrictions on trade union rights, resulting in workers and their families being deprived of the protection and bargaining power afforded by union membership; gender, ethnic and other forms of discrimination, as children from disadvantaged groups are often those who end up in child labour. (ICFTU Report, 1998)

Juvenile Justice System (Ideal)

New Juvenile Justice Law in the Philippines of 2006 (RA No. 9344)
It defines RESTORATIVE JUSTICE as a principle

which requires a process of resolving conflicts with the maximum involvement of the victim, the offender and the community. It seeks to obtain reparation for the victim; reconciliation of the offender, the offended and the community; and reassurance to the offender that he/she can be reintegrated into society. It also enhances public safety by activating the offender, the victim and the community in prevention strategies.

New Juvenile Justice Law in the Philippines of 2006 (RA No. 9344)
Restorative justice is featured in Chapter 2,

which outlines diversion procedures. According to paragraph (a), individuals responsible for responding to crimes by young offenders shall conduct mediation, family conferencing and conciliation and, where appropriate, adopt indigenous modes of conflict resolution in accordance with the best interest of the child with a view of accomplishing the objectives of restorative justice and the formulation of a diversion program. The section provides for creation of a diversion contract during those processes and the steps to take if the contract is not completed. Diversion can be used at all stages of the criminal justice system.

New Juvenile Justice Law in the Philippines of 2006 (RA No. 9344)
The Act, which was passed unanimously by the Filipino

Congress, is a response to criticisms of the conditions under which young offenders were being held in prisons. According to the United Nations Childrens Fund an estimated 4,000 children were imprisoned at the end of 2005, most of them charged with minor crimes. Under the new legislation, children under the age of 15 cannot be charged with a crime. For 15- to 18-year-old juveniles, diversion away from court is the preferred method for responding to crimes that carry a possible sentence of six years or less.

New Juvenile Justice Law in the Philippines of 2006 (RA No. 9344)
The legislation became effective in May and is already

having an impact for some juveniles. Over 500 children have been transferred from jails to youth homes. It is estimated that over 1,500 criminal cases against young offenders younger than 15 will be dismissed as the law is implemented retroactively. The new diversion provisions will take longer to implement as local committees for the protection of children are formed and personnel are trained.

New Juvenile Justice Law in the Philippines of 2006 (RA No. 9344)
To ensure that children are dealt with in a manner

appropriate to their well-being by providing for, among others, a variety of disposition measures such as care, guidance and supervision orders, counseling, probation, foster care, education and vocational training programs and other alternatives to institutional care.

New Juvenile Justice Law in the Philippines of 2006 (RA No. 9344)
Sec. 4 (e). Child in Conflict with Law, refers to a child who is alleged as, accused of, or adjudged

as, having committed an offense under Philippine laws.

Sec. 5. Rights of Child in Conflict with Law. (same as rights of the accused as defined in Art. III of the 1987 Constitution), e.g.

Freedom from torture, etc.; Right not to be imposed the capital punishment; Due process Human rights (treated with dignity) Right to legal assistance and access to courts

Sec. 5. Rights of Child in Conflict with Law. (same as rights of the accused as defined in Art. III of the 1987 Constitution), e.g.

Right to bail and recognizance (undertaking of a parent or guardian who shall be responsible for the appearance of the child in court). Right against self-incrimination Right to privacy Suspension of sentence Right to probation, among others.

Sec. 6 of RA No. 9344. Minimum Age of Criminal Responsibility.

A child 15 years of age or under at the time of the

commission of the offense shall be exempt from criminal liability. However, the child shall be subjected to an intervention program pursuant to Sec. 20 of this Act.

Sec. 6 of RA No. 9344. Minimum Age of Criminal Responsibility.

A child above 15 but below 18 shall likewise be exempt from criminal liability and be subjected to an intervention program, unless he/she acted with discernment, in which case, such child shall be subjected to the appropriate proceedings in accordance with this Act.

Sec. 8 of RA No. 9344. Juvenile Justice and Welfare Council (JJWC)

Part of DOJs administrative supervision and

will be chaired by the Undersecretary of DSWD, also in coordination with other government agencies like the CWC, DepEd, DILG, PAO, BUCOR, PPA, NBI, PNP, BJMP, CHR, etc.

Sec. 20. of RA No. 9344. Children Below the Age of Criminal Responsibility.
If it has been determined that the children

taken into custody is 15 years or below, the authority has the duty to immediately release the child to the custody of their parents/guardians. In their absence to the Barangay Council for the Protection of Children, or the DSWD.

Sec. 38. Automatic Suspension of Sentence.

Once the child who is under 18 at the time of the commission of the offense is found guilty of the

offense charged, the court shall place the child in conflict with the law under suspended sentence, until he reaches the age of majority.

Juvenile Justice System (Reality)

 The family court system expedites juvenile

and domestic relations cases and serves to strengthen safeguards against the sale and trafficking of children abroad. The Supreme Court promulgated rules designed to avoid trauma to child witnesses, which took effect in January 2001.

 The rules permit non-lawyers to pose questions,

allow the child to have companions of her own choosing present, provide for the exclusion of persons not having a direct interest in the case, and permit use of videotaped testimony and one-way mirrors. (Crime and Society, Philippine Setting, Dr. Robert Winslow, San Diego State University).

ADVANTAGES OF RA NO. 9344

adoption of restorative justice

increasing the age of criminal responsibility from nine to 15 years of age; establishment and strengthening of local councils for the protection of children; establishment of comprehensive juvenile intervention programmes; establishment of community-based programmes on juvenile justice and welfare;

 adoption of a system of diversion diversion is defined as any act with the end goal of disposing

the case involving a youth offender without resorting to formal trial by the competent authority implementation of diversion programmes exemption of minors from prosecution for the crime of vagrancy and prostitution, mendicancy, and sniffing of rugby;

 exemption from the application of death penalty;

provision on status offenses which means that any conduct not considered an offense or not penalized if committed by an adult shall not be considered an offense and shall not be punished if committed by a child;
provision for child-sensitive proceedings; and, imposition of appropriate disposition measures.

DISADVANTAGES OF RA NO. 9344

It is being abused by criminals and other lawless elements; Police and other law enforcement cannot just arrest child offenders; There is no justice for the victim of these minors who knowingly committed their crimes; Increase in the number of youth offenders

INTERVIEW WITH FOUR STREET CHILDREN (September 18, 2010).

STUDENTS BY DAY, BEGGARS BY NIGHT

RODEL UJUNG
10, dont know when his birthday Grade 2, Kamuning Highschool,

Illiterate
Fireman Earns 50-60 a day

Parents sells food for a living

STUDENTS BY DAY, BEGGARS BY NIGHT

EMMANUEL GERAL
7, Nov. 24 Grade 1, can spell his name, Kamuning Highschool Soldier 50-60 a day Parents have no work, takes care of youngest child,

7 children

STUDENTS BY DAY, BEGGARS BY NIGHT

RUSSEL B. SAN JUAN

8, dont know when his birthday Grade 1, Kamuning Highschool, Illiterate Fireman 50-60 a day Father is a traffic enforcer, mother is a cigarette vendor, 10 children

STUDENTS BY DAY, BEGGARS BY NIGHT

ANDREW S. SOLIS
10, April 12 Gr. 2, Kamuning, literate, knows P-Noy is our

President Policeman 50-60 a day Parents are separated, 4 siblings, lives with mother and grandparents, one of his sister died of malnutrition

Conclusion/Recommendation

 There are more than enough laws to provide for the

protection of children. What we need is a strong government who is willing and able to implement them. The government should make a stand on Family Planning, as parents should only have children that they can afford to support. There should be parenting seminars for would be parents so they will know the responsibility of being a parent. The children should go to school, be educated, so that they can make intelligent choices and be able to tell the difference between right and wrong.

 The family should provide a loving atmosphere for the

young children. There is a need amend RA 9344 because it gives too much freedom and leeway to minors 15 and below, who are abusing this law in order to commit crimes. Prior to this law, the RPC (Art. 12, pars. 2 and 3) actually provides for a stricter penalty for children between ages 9-15 who committed crimes and acted with discernment. If possible, children should not be forced to work, but the reality is, poverty, broken homes and lack of education forces them to work at such a young age.