MIDTERM STUDY NOTES/REVIEWER

CHILDRENS RIGHTS LAW

Q: If Children’s Rights are already Inherent to them and are Inalienable, why then is there a need
to codify these rights?

A: Aside from notifying every individual regardless of age about these inherent rights, these
rights were codified so Children need not beg for them.

I. UNITED NATIONS CONVENTION ON THE RIGHTS OF A CHILD

a. BRIEF HISTORY
- The First ever document that asserted Children’s Rights was adopted by the
League of Nations in 1924;

- Such document was drafted by Eglantyne Jebb (founder of Save the Children
Foundation);

- In 1989 the United Nations adopted the document and expanded the same into
what was called the Convention on the Rights of the Child or the UNCRC which is
composed of 54 Articles;

- In the Philippines the UNCRC was signed on January 26, 1990 and was ratified into
law on (or became a Municipal Law on) August 21, 1990.

b. DEFINITION OF TERMS
- CHILDREN’S RIGHTS – refers to the entitlements and protections afforded to
individuals who are below the age of 18, (or more if they are unable to fully take
care of themselves or protect themselves from abuse, neglect, cruelty, exploitation
or discrimination because of a physical or mental disability or condition)
acknowledging their distinct needs and vulnerabilities;

- UN CONVENTION ON THE RIGHTS OF THE CHILD – An International Treaty

adopted by the United Nations in 1989 which outlines the rights and protections
for individuals under the age of 18. Considered as the most widely ratified human
rights treaty;

- DUTY BEARERS – refers to persons, natural or juridical, such as government

officials, police officers, teachers and social workers who are duty bound by the
UNCRC and are entrusted with the responsibility in upholding its articles;

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 - RIGHTS HOLDERS – Individuals under the age of 18 (or more if are unable to fully
take care of themselves…) who are entitled to the protections and rights outlined
in the UNCRC regardless of sex, religion, race, disability or citizenship;

- STATE AGREEMENT – refers to the commitment of countries (state parties) to be

bound by the international treaties they signed agreeing to uphold and implement
their provisions;

- STANDARD OF LIVING – level of wealth, comfort and necessities available to a

child, as emphasized in the UNCRC;

- INDIVISIBLE & INTERDEPENDENT – refers to the interconnectedness of the

outlined rights in the UNCRC wherein the failure to provide for one right can
impact the enjoyment of others;

- CORE PRINCIPLES – refers to the fundamental values of human rights, including

dignity, equality and respect, forming the basis for international human rights
agreements such as the UNCRC;

- COMMITTEE ON THE RIGHTS OF THE CHILD – refers to an independent body of

experts that are responsible for the monitoring of the
implementation/compliance of the UNCRC by state parties;

- CONCLUDING OBSERVATIONS – Refers to the reports generated by the

Committee on the Rights of the Child summarizing its view on the State of
Children’s Rights in each country, including implementation and improvement
recommendation;

II. PRESIDENTIAL DECREE NO. 603

Presidential Decree No. 603 – Known as the Child and Youth Welfare Code (Art 2., PD 603),
- Issued by Ferdinand E. Marcos, with the Proclamation of Martial Law,
the President possessed the Lawmaking power of Congress.
- Signed on December 10, 1974.
- Despite the lifting of Martial Law, the succeeding President
recognized the Validity of Existing Presidential Decrees unless
otherwise repealed.

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 The 12 Rights of the Child - Found on Article 3 of PD 603, this enumerated the 12 rights of a
child regardless of legitimacy/illegitimacy, sex, social status, religion,
1. BORN well;
2. WHOLESOME FAMILY political antecedents and other factors.
LIFE;
-The 12 Rights of the Child are as Follows:
3. RAISED WELL &
become contributing 1. To be BORN well;
members to society;
4. BASIC NEEDS;
-Every Child has the right to Life, to be conceived, carried and
5. ACCESS to a GOOD delivered in a healthy condition and in a safe facility with proper
LIFE;
6. EDUCATION; medical care and attention.
7. PLAY & ENJOY their
YOUTH;
8. PROTECTED from [Reproductive Health Laws (RA 10354) – provides access to
DANGER;
maternal care, family planning, and reproductive health
9. Live in PRODUCTIVE
ENVIRONEMNT; education;
10. CARED FOR in absence
First 1000 Days Law (RA 11148)- provides an environment for
of PARENT or
GUARDIAN; the sustained provision of critical early child care intervention
11. GOOD GOVERNANCE;
and for the 1st 1000 days of a child’s life for optimal growth and
12. FREEDOM & PEACE. development]

2. To a WHOLESOME(HOLISTIC) FAMILY LIFE;

-Every Child has the right to live with a family that will provide
him/her with love, care, guidance and moral and material
security.

[Family Code of the Philippines (EO 209)- defines the rights and
duties of parents and Children;
Adoption Act of 1998 (RA 8552) – regulates the adoption of
children and ensure their interests]

3. To be RAISED WELL and become contributing members of

society;
-Every child has the right to grow up in an environment that will
enable his/her physical, mental, emotional, social and spiritual
development.

[Early Childhood Care and Development Act (RA 10410)-

establishes a comprehensive and integrated system of early
childhood care and development;

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 Juvenile Justice and Welfare Act (RA 9344) – promotes the
rehabilitation and reintegration of children in conflict with the
law]

4. To BASIC NEEDS; Food, Clothing, Shelter, Healthcare

- Every Child has the right to the four basic needs such as: (1)
FOOD/Balanced Diet; (2) Adequate CLOTHING; (3) Sufficient
SHELTER; and (4) proper HEALTHCARE.

[Special Protection Against Child Abuse, Exploitation and

Discrimination Act (RA 7610)- protects children from child
abuse through unreasonable deprivation of their basic needs;
First 1000 Days Law (RA 11148)- – provides healthcare services
to pregnant and lactating mothers and newborn babies to
ensure the child’s health and survival]

5. To ACCESS what they NEED to have a GOOD LIFE;

- Beyond his/her Basic Needs, every Child has the right to
enjoy the benefits of social security, social services and public
utilities.

[Student Fare Discount Act (RA 11314)- grants students 20

percent discount to public transportation utilities;
1987 Philippine Constitution especially on specific provisions
which prioritized children in their healthcare needs as well as
providing them the right to free public education]

6. To EDUCATION;
- Every child has the right to receive quality education that
will prepare him/her for adulthood.

[Free Public Secondary Education Act (RA 6655)- provides free

secondary education to all Filipino Citizens;
Enhanced Basic Education Act (RA 10533) – strengthens their
skills and knowledge base through the implementation of the K
to 12 curriculums]

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 7. To PLAY and ENJOY their YOUTH;
- Every child has the right to engage in leisure, recreation and
cultural activities that will enrich his/her personality and
creativity.

[Palarong Pambansa Act of 2013 (RA 10588)- promotes sports

that improve the physical, intellectual and social well-being of
the youth;
Children’s Television Act (RA 8370) – promotes the production
and broadcast of quality children’s television programs]

8. To be PROTECTED from DANGER;

- Every child has the right to be protected against
exploitation, hazards and other conditions and circumstances
that may adversely affect his physical, mental, emotional, social
and moral development.

[Special Protection Against Child Abuse, Exploitation and

Discrimination Act (RA 7610)- protects children from child
abuse through unreasonable deprivation of their basic needs;
Anti-Trafficking in Persons Act (RA 9208)- – criminalizes the
recruitment, transport or transfer of children for the purpose of
exploitation]

9. To LIVE in a PRODUCTIVE ENVIRONMENT;

- Every child has the right to live in a safe society or
community that is conducive to the promotion of his well-being.

[Anti-terrorism Act of 2020 (RA 11479)- a law that prevents,

prohibits and penalizes terrorism in the Philippines;
Juvenile Justice and Welfare Act (RA 9344)- – promotes for the
protection or rehabilitation of children at Risk]

10. To be CARED FOR in the absence of their PARENT or

GUARDIAN;

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 - Every child has the right to care and the protection of the
state especially when his parents or guardian fail or are unable
to provide him with the necessary care he or she is entitled to.

[Solo Parents Welfare Act (RA 8972)- grants benefits and

privileges to solo parents and their children;
Foster Care Act (RA 10165)- – regulates the placement of
children in foster homes ensuring that their welfare and rights
are upheld]

11. To GOOD GOVERNANCE; and

- Every child has the right to an efficient and honest
government that will inspire and empower them to become
productive citizens in the future.

[Anti-Graft and Corrupt Practices Act (RA 3019) – penalizes

public officials that engage in corrupt practices;
Sangguniang Kabataan (created through RA 7160 LGC of
1991)- – provides an opportunity for the youth to directly
participate in local governance]

12. To FREEDOM and PEACE.

- Every child has the right to pursue his or her interests and
become a happy, useful member of society so long as it
contributes to the peace and betterment of the communities
they are a part of.

[!987 Constitution, ART III, Bill of Rights (Section 4) –

guarantees freedom of speech, expression and the right of the
people to peaceably assemble to express their grievances to the
government;
Sangguniang Kabataan (created through RA 7160 LGC of
1991)- – provides an opportunity for the youth to contribute for
the betterment of his community through active participation in
local governance]

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