CHILDREN’S RIGHTS

Valenzuela, Jimrald Francis Dallo. MBA

History of Children’s Rights

The idea that children should have rights was the need to
protect vulnerable children as a charitable response to
suffering.
And in the aftermath of World War I, Eglantyne Jebb
campaigned for the first international convention for the
rights of the child (1924 Geneva Declaration League of
Nations)
An expanded form of that convention was adopted by the
United Nations in 1959
CORE PRINCIPLES OF HUMAN RIGHTS

DIGNITY
EQUALITY
RESPECT
UN Declaration of the Rights of the Child
(1959)
1. The right to equality, without distinction on account of race, religion or national
origin.
2. The right to special protection for the child’s physical, mental and social
development.
3. The right to a name and a nationality.
4. The right to adequate nutrition, housing and medical services.
5. The right to special education and treatment when a child is physically or mentally
handicapped.
6. The right to understanding and love by parents and society.
7. The right to recreational activities and free education.
8. The right to be among the first to receive relief in all circumstances.
9. The right to protection against all forms of neglect, cruelty and exploitation.
10. The right to be brought up in a spirit of understanding, tolerance, friendship among
peoples, and universal brotherhood.
Children’s Rights

In the International Year of the Child, Poland proposed that there

should be a convention for children and over the next decade,
countries discussed, negotiated and debated which result into a
comprehensive Human rights convention.
 UN Convention on the
Rights of the Child (1989)
UN Convention on the Rights of the Child
(1989)

General Rights
1. Non Discrimination (Article 2)
2. Best Interest of the Child (Article 3)
3. Life, survival & development (Article 6)
4. Views given due weight (Article 12)
Article 2

1. States Parties shall respect and ensure the rights set forth in the
present Convention to each child within their jurisdiction without
discrimination of any kind, irrespective of the child's or his or her
parent's or legal guardian's race, colour, sex, language, religion,
political or other opinion, national, ethnic or social origin, property,
disability, birth or other status.
2. States Parties shall take all appropriate measures to ensure that
the child is protected against all forms of discrimination or
punishment on the basis of the status, activities, expressed
opinions, or beliefs of the child's parents, legal guardians, or family
members.
Article 3

1. In all actions concerning children, whether undertaken by public or private

social welfare institutions, courts of law, administrative authorities or legislative
bodies, the best interests of the child shall be a primary consideration.
2. States Parties undertake to ensure the child such protection and care as is
necessary for his or her well-being, taking into account the rights and duties of
his or her parents, legal guardians, or other individuals legally responsible for him
or her, and, to this end, shall take all appropriate legislative and administrative
measures.
3. States Parties shall ensure that the institutions, services and facilities
responsible for the care or protection of children shall conform with the
standards established by competent authorities, particularly in the areas of
safety, health, in the number and suitability of their staff, as well as competent
supervision.
Article 6

1. States Parties recognize that every child has the inherent right to
life.
2. States Parties shall ensure to the maximum extent possible the
survival and development of the child.
Article 12

1. States Parties shall assure to the child who is capable of forming

his or her own views the right to express those views freely in all
matters affecting the child, the views of the child being given due
weight in accordance with the age and maturity of the child.
2. For this purpose, the child shall in particular be provided the
opportunity to be heard in any judicial and administrative
proceedings affecting the child, either directly, or through a
representative or an appropriate body, in a manner consistent with
the procedural rules of national law.
UN Convention on the Rights of the Child
(1989)

Other rights can be group into these categories

1. Civil rights and freedoms
2. Family environment and alternative care
3. Health and welfare
4. Education, leisure and culture
5. Special Protection Measures
Children’s rights are Indivisible and Interdependent

Failure to Provide one right can affect

other rights
Implementation

The UN Convention on the Rights of the Child (1989) is

ratified by almost all countries in the United Nations
(except the United States of America) and sets a Global
Human rights agenda for children
STATE PARTIES – States the Ratified the treaty

DUTY BEARERS – State parties when they agree to be bound by

the treaty

RIGHTS HOLDER – those who benefit from the human rights

treaty
DUTY BEARERS

They have a duty to uphold the Articles of the Convention

They Generally include anyone who works for the

government. (Social workers, Police, legislators etc.)
RIGHTS HOLDER

The rights holder under this convention are anyone under the
age of Eighteen (18).
And they are rights holder irrespective of:
1. Sex
2. Religion
3. Race
4. Disability
5. Citizenship
RIGHTS HOLDER

Under the Convention, Parents are also rights

holder.
They are entitled to:
1. Have assistance from the state to help
them raise their children
2. To provide their child guidance
State Agreement

Individual Citizens DO NOT have any RESPONSIBILITY to

uphold the convention, unless they are those persons who
work or act upon for the State Party.
REPORTING

State parties must submit a report to the UN COMMITTEE ON THE

RIGHTS OF THE CHILD. It must be submitted every five (5) years.
The output of the UN COMMITTEE is called the CONCLUDING
OBSERVATIONS and contains implementations and recommendations
in regard to the Children’s rights in the state party who submitted.
 1996 Hague Child
Protection Convention
Scope and Application

The 1996 Convention aims to avoid orders about children's property

and welfare (excluding parental responsibility and contact) being
made in any state other than the state in which the child is
habitually resident. It also allows orders made in the child's state of
habitual residence to be registered and made enforceable in other
Convention countries. It establishes a framework for the co-
ordination of legal systems, and for international judicial and
administrative co-operation.
The 1996 Convention provides a framework for
protective measures of abducted and other
vulnerable children in that it:
• provides for one state (either the state where the child is present or the
state of habitual residence) to have preeminent jurisdiction;
• enables orders based on presence of child or child’s property to be made
if urgent or provisional;
• provides for an exchange of relevant information, frequently about
important child protection issues;
• provides recognition and enforcement of mirror or complementary
orders or arrangements to operate across two jurisdictions;
• requires mediation;
• allows for transfer of jurisdiction to the country better placed to assess
a child’s best interests .
Article 5 – state of primary jurisdiction

State of habitual residence has pre-eminent jurisdiction

Request a transfer of jurisdiction

If the authorities of a Contracting State referred to in Article 8,

paragraph 2, consider that they are better placed in the particular
case to assess the child's best interests it can ask for a transfer of
jurisdiction.
Article 8- Transfer of Jurisdiction

If the state of habitual residence considers that another Contracting State

would be better placed in the particular case to assess the best interests
of the child, may either
1. Request the other Contracting State, directly or with the assistance of
the Central Authority of its State, to assume jurisdiction to take such
measures of protection as it considers to be necessary, or
2. the Contracting States whose authorities may be addressed as provided
in the preceding paragraph are:
a. A State of which the child is a national,
b. a State in which property of the child is located,
c. a State whose authorities are seized of an application for divorce or legal
separation of the child's parents, or for annulment of their marriage,
d. a State with which the child has a substantial connection.
Article 11

1. In all cases of urgency, the authorities of any Contracting State in

whose territory the child or property belonging to the child is present
have jurisdiction to take any necessary measures of protection.
2. The measures taken under the preceding paragraph with regard to a
child habitually resident in a Contracting State shall lapse as soon as
the authorities which have jurisdiction under Articles 5 to 10 have
taken the measures required by the situation.
3. The measures taken under paragraph 1 with regard to a child who is
habitually resident in a non-Contracting State shall lapse in each
Contracting State as soon as measures required by the situation and
taken by the authorities of another State are recognised in the
Contracting State in question.
Article 23(1)

The measures taken by the authorities of a Contracting State shall

be recognized by operation of law in all other Contracting States.
Article 26 - Enforceability

(1) If enforceable measures taken in one Contracting State require

enforcement in another Contracting State, they shall, upon request
by an interested party, be declared enforceable or registered for
the purpose of enforcement in that other State according to the
procedure provided in the law of the latter State.
(2) Each Contracting State shall apply to the declaration of
enforceability or registration a simple and rapid procedure.
(3) The declaration of enforceability or registration may be refused
only for one of the reasons set out in Article 23, paragraph 2.
Article 24

Without prejudice to Article 23, paragraph 1, any interested person

may request from the competent authorities of a Contracting State
that they decide on the recognition or non-recognition of a measure
taken in another Contracting State. The procedure is governed by
the law of the requested State
Right to life and health
Article II Sec. 12 1987 Constitution

SECTION 12. The State recognizes the sanctity of family life and
shall protect and strengthen the family as a basic autonomous
social institution. It shall equally protect the life of the mother and
the life of the unborn from conception. The natural and primary
right and duty of parents in the rearing of the youth for civic
efficiency and the development of moral character shall receive the
support of the Government.
Article 40 and 41 of the Civil Code

ARTICLE 40. Birth determines personality; but the conceived child

shall be considered born for all purposes that are favorable to it,
provided it be born later with the conditions specified in the
following article. (29a)

ARTICLE 41. For civil purposes, the fetus is considered born if it is

alive at the time it is completely delivered from the mother’s
womb. However, if the fetus had an intra-uterine life of less than
seven months, it is not deemed born if it dies within twenty-four
hours after its complete delivery from the maternal womb. (30a)
Article 40 and 41 of the Civil Code

Acquisition of Personality
General Rule: Begins at birth, not at conception
Exceptions: Conceptus pro nato habetur (Conception is regarded as
birth)
Geluz v. CA, G.R. No. L- 16439, 20 July 1961
The provisional personality of a conceived child (conceptus pro nato
habetur) under Article 40, expressly limits such provisional
personality by imposing the condition that the child should be
subsequently born alive: "Provided it be born later with the
condition specified under law."
Article 40 and 41 of the Civil Code

“Born later in accordance with law”

A fetus is considered born if it had an intra-uterine life of:
1. Less than 7 months – Must survive for at least 24 hours after its
complete delivery from the maternal womb.
2. At least 7 months – If born alive it shall be considered born even
if it dies within 24 hours after complete delivery.

Complete delivery means the cutting of the umbilical cord from the
mother’s womb
Article 40 and 41 of the Civil Code

Quimiguing v. Icao, G.R. No. 26795, 31 July 1970

A conceived child, although as yet unborn, has a limited and
provisional personality, its personality is essentially limited because
it is only for purposes favorable to the child and it is provisional
because it depends upon the child being born alive on the condition
stated in Art. 41 NCC.
Rights of a Conceived Child

Right to Support
Right to be Acknowledged
Right to receive Donations
Right to Life

The right to life is not merely a right to the preservation of life but
also to the security of the limbs and organs of the human body
against any unlawful harm.

The right to life commences upon “conception, that is, upon

fertilization. Hence, the obligation upon the State to “equally
protect the life of the mother and the life of the unborn from
conception” and “to prevent the Legislature from enacting a
measure legalizing abortion.” (Sec. 12, Art. II, 1987 Constitution;
Imbong v. Ochoa, G.R. No. 204819, 08 Apr. 2014)
RA 10354 - The Responsible Parenthood and
Reproductive Health Act of 2012
SEC. 2. Declaration of Policy. – The State recognizes and guarantees the human rights of
all persons including their right to equality and nondiscrimination of these rights, the
right to sustainable human development, the right to health which includes
reproductive health, the right to education and information, and the right to choose and
make decisions for themselves in accordance with their religious convictions, ethics,
cultural beliefs, and the demands of responsible parenthood.

Pursuant to the declaration of State policies under Section 12, Article II of the 1987
Philippine Constitution, it is the duty of the State to protect and strengthen the
family as a basic autonomous social institution and equally protect the life of the
mother and the life of the unborn from conception. The State shall protect and
promote the right to health of women especially mothers in particular and of the people
in general and instill health consciousness among them. The family is the natural and
fundamental unit of society. The State shall likewise protect and advance the right of
families in particular and the people in general to a balanced and healthful environment
in accord with the rhythm and harmony of nature. The State also recognizes and
guarantees the promotion and equal protection of the welfare and rights of children,
the youth, and the unborn.
RA 10354 - The Responsible Parenthood and
Reproductive Health Act of 2012
The State recognizes marriage as an inviolable social institution and the
foundation of the family which in turn is the foundation of the nation.
Pursuant thereto, the State shall defend:
1. The right of spouses to found a family in accordance with their
religious convictions and the demands of responsible parenthood;
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;
3. The right of the family to a family living wage and income; and
4. The right of families or family associations to participate in the
planning and implementation of policies and programs
RA 10354 - The Responsible Parenthood and
Reproductive Health Act of 2012

The RH Law is rooted on the human rights of every individual

including their right to equality and nondiscrimination, the right to
sustainable human development, the right to health including RH,
and the right to make decisions for themselves in accordance with
their religious convictions, ethics, cultural beliefs, and the demands
of responsible parenthood. The RH Law also recognizes the
inviolable institution and foundation of the family and guarantees
the promotion of gender equality, gender equity, women
empowerment and dignity as a health and human rights concern and
as a social responsibility.
RA 10354 - The Responsible Parenthood and
Reproductive Health Act of 2012

Consistent with its foundations, the RH Law reiterates that the

State guarantees universal access to medically-safe, non-
abortifacient, effective, legal, affordable, and quality RH care
services, methods, devices, and supplies which do not prevent the
implantation of a fertilized ovum. The RH Law also reiterates that
the State guarantees the provision of relevant information and
education thereon according to the priority needs of women,
children and other underprivileged sectors who shall be voluntary
beneficiaries of RH care, services and supplies for free.
Elements of Reproductive Health

I. Family planning information and services which children and other forms of sexual and gender-
shall include as a first priority making women of based violence;
reproductive age fully aware of their respective
cycles to make them aware of when fertilization VII.Education and counseling on sexuality and
is highly probable, as well as highly improbable; reproductive health;

II. Maternal, infant and child health and nutrition, VIII.Treatment of breast and reproductive tract
including breastfeeding; cancers and other gynecological conditions and
disorders;
III. Proscription of abortion and management of
abortion complications; IX. Male responsibility and involvement and men’s
reproductive health;
IV. Adolescent and youth reproductive health
guidance and counseling; X. Prevention, treatment and management of
infertility and sexual dysfunction;
V. Prevention, treatment and management of
reproductive tract infections (RTI), HIV and AIDS XI. Reproductive health education for the
and other sexually transmittable infections (STI); adolescents; and

VI. Elimination of violence against women and XII. Mental health aspect of reproductive health care.
RA 10354 - The Responsible Parenthood and
Reproductive Health Act of 2012

Efficient implementation of the RH Law will also benefit the health

of children. While it is important to note that the country is
achieving a continued decline in under-five and infant mortality
rates, there is still an estimated 30 children for every 1,000 live
births who will likely die before reaching the age of five, and 22
infants per 1,000 live births who will likely die before reaching the
age of one year. With mothers’ health taken care of during their
pregnancy and delivery under a comprehensive RH program, the
effective implementation of the RH Law will also translate into
healthier children.
Imbong vs Ochoa
Petitioners are assailing the constitutionality of RH Law on the following
GROUNDS:
1. The RH Law violates the right to life of the unborn. According to the
petitioners, notwithstanding its declared policy against abortion, the
implementation of the RH Law would authorize the purchase of hormonal
contraceptives, intra-uterine devices and injectables which are abortives, in
violation of Section 12, Article II of the Constitution which guarantees
protection of both the life of the mother and the life of the unborn from
conception.
2. The RH Law violates the right to health and the right to protection against
hazardous products. The petitioners posit that the RH Law provides universal
access to contraceptives which are hazardous to one's health, as it causes
cancer and other health problems.
Ruling on right to life
Where LIFE BEGINS
It is the Court’s position that life begins at fertilization, not at
implantation. When a fertilized ovum is implanted in the uterine wall,
its viability is sustained but that instance of implantation is not the point
of beginning of life.
This is undisputable because before conception, there is no unborn to
speak of. For said reason, it is no surprise that the Constitution is mute
as to any proscription prior to conception or when life begins. The
problem has arisen because, amazingly, there are quarters who have
conveniently disregarded the scientific fact that conception is reckoned
from fertilization. They are waving the view that life begins at
implantation. Hence, the issue of when life begins.
Ruling on right to life

THE RH LAW IS CONSISTENT WITH CONSTITUTIONAL MANDATE OF

PROTECTING LIFE FROM THE MOMENT OF CONCEPTION.

The intent of the framers of the Constitution for protecting the life of the unborn
child was to prevent the Legislature from passing a measure prevent
abortion. The RH Law is in line with this intent and actually prohibits abortion. By
using the word “or” in defining abortifacient (Section 4(a)), the RH Law prohibits
not only drugs or devices that prevent implantation but also those that induce
abortion and induce the destruction of a fetus inside the mother’s womb. The RH
Law recognizes that the fertilized ovum already has life and that the State has a
bounded duty to protect it.
Ruling on right to health

Petitioners claim that the right to health is violated by the RH Law

because it requires the inclusion of hormonal contraceptives,
intrauterine devices, injectables and other safe, legal, non-
abortifacient and effective family planning products and supplies in
the National Drug Formulary and in the regular purchase of essential
medicines and supplies of all national hospitals (Section 9 of the RH
Law). They cite risks of getting diseases gained by using e.g. oral
contraceptive pills. These laws prohibit the sale and distribution of
contraceptives without the prescription of a duly-licensed
physician.
Ruling on right to health

RH Law will not lead to the unmitigated proliferation of contraceptives. It

will still be regulated by previous laws, R.A. No. 4729 (An act to regulate
the sale, dispensation, and/or distribution of contraceptive drugs and
devices) in particular, the provisions of which are intended to be kept
intact.
The Court believes adequate safeguards exist to ensure that only safe
contraceptives are made available to the public. In fulfilling its mandate
under Sec. 10 of the RH Law, the DOH must keep in mind the provisions of
RA 4729: the contraceptives it will procure shall be from a duly licensed
drug store or pharmaceutical company and that the actual distribution of
these contraceptive drugs and devices will be done following a
prescription of a qualified medical practitioner.