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Part I Article 40* The Establishment

of Protective Agencies for Child


Offenders (RA 9344 in Local Aspect)
*as cited in the given law

Article 40 of the
Convention
1. States Parties recognize the right of
every child alleged as, accused of, or
recognized as having infringed the penal
law to be treated in a manner consistent
with the promotion of the child's sense
of dignity and worth, which reinforces
the child's respect for the human rights
and fundamental freedoms of others and
which takes into account the child's age
and the desirability of promoting the
child's reintegration and the child's
assuming a constructive role in society.

In comparison to RA 9344
SEC. 2. Declaration of State Policy. - The following State policies shall be observed at all times:
(a) The State recognizes the vital role of children and 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.
(b) The State shall protect the best interests of the child through measures that will ensure the observance of international
standards of child protection, especially those to which the Philippines is a party. Proceedings before any authority shall be
conducted in the best interest of the child and in a manner which allows the child to participate and to express
himself/herself freely. The participation of children in the program and policy formulation and implementation related to
juvenile justice and welfare shall be ensured by the concerned government agency.
(c) The State likewise recognizes the right of children to assistance, including proper care and nutrition, and special
protection from all forms of neglect, abuse, cruelty and exploitation, and other conditions prejudicial to their development.
(d) Pursuant to Article 40 of the United Nations Convention on the Rights of the Child, the State recognizes
the right of every child alleged as, accused of, adjudged, or recognized as having infringed the penal law to
be treated in a manner consistent with the promotion of the child's sense of dignity and worth, taking into
account the child's age and desirability of promoting his/her reintegration. Whenever appropriate and
desirable, the State shall adopt measures for dealing with such children without resorting to judicial
proceedings, providing that human rights and legal safeguards are fully respected. It shall 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.
(e) The administration of the juvenile justice and welfare system shall take into consideration the cultural and religious
perspectives of the Filipino people, particularly the indigenous peoples and the Muslims, consistent with the protection of
the rights of children belonging to these communities.
(f) The State shall apply the principles of restorative justice in all its laws, policies and programs applicable to children in
conflict with the law.

Right in the Convention


2. To this end, and having regard to the relevant provisions of international instruments, States Parties shall, in particular,
ensure that:
(a) No child shall be alleged as, be accused of, or recognized as having infringed the penal law by reason of acts or
omissions that were not prohibited by national or international law at the time they were committed;
(b) Every child alleged as or accused of having infringed the penal law has at least the following guarantees:
(i) To be presumed innocent until proven guilty according to law;
(ii) To be informed promptly and directly of the charges against him or her, and, if appropriate, through his or her parents or
legal guardians, and to have legal or other appropriate assistance in the preparation and presentation of his or her defense;
(iii) To have the matter determined without delay by a competent, independent and impartial authority or judicial body in a
fair hearing according to law, in the presence of legal or other appropriate assistance and, unless it is considered not to be
in the best interest of the child, in particular, taking into account his or her age or situation, his or her parents or legal
guardians;
(iv) Not to be compelled to give testimony or to confess guilt; to examine or have examined adverse witnesses and to
obtain the participation and examination of witnesses on his or her behalf under conditions of equality;
(v) If considered to have infringed the penal law, to have this decision and any measures imposed in consequence thereof
reviewed by a higher competent, independent and impartial authority or judicial body according to law;
(vi) To have the free assistance of an interpreter if the child cannot understand or speak the language used;
(vii) To have his or her privacy fully respected at all stages of the proceedings.
3. States Parties shall seek to promote the establishment of laws, procedures, authorities and institutions specifically
applicable to children alleged as, accused of, or recognized as having infringed the penal law, and, in particular:
(a) The establishment of a minimum age below which children shall be presumed not to have the capacity to
infringe the penal law;
(b) Whenever appropriate and desirable, measures for dealing with such children without resorting to judicial proceedings,
providing that human rights and legal safeguards are fully respected.
4. A variety of dispositions, such as care, guidance and supervision orders; counseling; probation; foster care; education and
vocational training programs and other alternatives to institutional care shall be available to ensure that children are dealt
with in a manner appropriate to their well-being and proportionate both to their circumstances and the offence

Rights under RA 9344

SEC. 5. Rights of the Child in Conflict with the Law. - Every child in conflict with the law shall have the following rights, including
but not limited to:
(a) the right not to be subjected to torture or other cruel, inhuman or degrading treatment or punishment;
(b) the right not to be imposed a sentence of capital punishment or life imprisonment, without the possibility of release;
(c) the right not to be deprived, unlawfully or arbitrarily, of his/her liberty; detention or imprisonment being a disposition of last resort,
and which shall be for the shortest appropriate period of time;
(d) the right to be treated with humanity and respect, for the inherent dignity of the person, and in a manner which takes into account
the needs of a person of his/her age. In particular, a child deprived of liberty shall be separated from adult offenders at all times. No
child shall be detained together with adult offenders. He/She shall be conveyed separately to or from court. He/She shall await hearing
of his/her own case in a separate holding area. A child in conflict with the law shall have the right to maintain contact with his/her
family through correspondence and visits, save in exceptional circumstances;
(e) the right to prompt access to legal and other appropriate assistance, as well as the right to challenge the legality of the deprivation
of his/her liberty before a court or other competent, independent and impartial authority, and to a prompt decision on such action;
(f) the right to bail and recognizance, in appropriate cases;
(g) the right to testify as a witness in hid/her own behalf under the rule on examination of a child witness;
(h) the right to have his/her privacy respected fully at all stages of the proceedings;
(i) the right to diversion if he/she is qualified and voluntarily avails of the same;
(j) the right to be imposed a judgment in proportion to the gravity of the offense where his/her best interest, the rights of the victim
and the needs of society are all taken into consideration by the court, under the principle of restorative justice;
(k) the right to have restrictions on his/her personal liberty limited to the minimum, and where discretion is given by law to the judge
to determine whether to impose fine or imprisonment, the imposition of fine being preferred as the more appropriate penalty;
(I) in general, the right to automatic suspension of sentence;
(m) the right to probation as an alternative to imprisonment, if qualified under the Probation Law;
(n) the right to be free from liability for perjury, concealment or misrepresentation; and
(o) other rights as provided for under existing laws, rules and regulations.

The State further adopts the provisions of


the United Nations Standard Minimum Rules
for the Administration of Juvenile Justice or
"Beijing Rules",

United Nations Guidelines for the Prevention


of Juvenile Delinquency or the "Riyadh
Guidelines", and the United Nations Rules
for the Protection of Juveniles Deprived of
Liberty

Formula of Incorporation
United Nations Standard Minimum Rules
for the Administration of Juvenile Justice
or "Beijing Rules"

United Nations Guidelines for the


Prevention of Juvenile Delinquency or the
"Riyadh Guidelines"

Incorporation of Local Survey, Studies,


Laws, Practices, Norms etc. example IPRA

= RA 9344

Part II: The Commission


on the Rights of a Child
Members and Roles

Members

Ms. Amal Salman ALDOSERI (Vice-Chairperson)


Bahrain
28 February 2017
Ms. Suzanne AHO ASSOUMA
Togo
28 February 2019
Ms. Hynd AYOUBI IDRISSI
Morocco
28 February 2019
Mr. Jorge CARDONA LLORENS
Spain
28 February 2019
Mr. Bernard GASTAUD
Monaco
28 February 2019
Mr. Peter GURN
Slovakia
28 February 2017
Ms. Olga a. KHAZOVA
Russian Federation
28 February 2017
Mr. Hatem KOTRANE
Tunisia
28 February 2019
Mr. Gehad MADI
Egypt
28 February 2019

Members

Mr. Benyam Dawit MEZMUR (Chairperson)


Ethiopia
28 February 2017
Ms. Yasmeen MUHAMAD SHARIFF (Vice Chairperson)
Malaysia
28 February 2017
Mr. Clarence NELSON
Samoa
28 February 2019
Mr. Wanderlino NOGUEIRA NETO
Brazil
28 February 2017
Ms Sara DE JESS OVIEDO FIERRO (Vice Chairperson)
Ecuador
28 February 2017
Ms. Maria Rita PARSI
Italy
28 February 2017
Mr. Jos Angel RODRGUEZ REYES
Venezuela
28 February 2019
Ms. Kirsten SANDBERG (Rapporteur)
Norway
28 February 2019
Ms. Renate WINTER (Vice Chairperson)
Austria
28 February 2017

BENYAM DAWIT MEZMUR

Chairperson

Addis Ababa, Ethiopia

English, Amharic

Research Fellow, Community Law Centre,


Childrens Rights Project, and Lecturer on
a part time basis at the post-graduate
level at the Faculty of Law, University of
Western Cape

Assistant Professor (part-time), Addis


Ababa University, (lecturing child rights,
among other courses)

Vice-Chairperson (2nd) of the African


Committee of Experts on the Rights and
Welfare of the Child (also responsible for
the theme violence against children);
and consult/advise on an ad hoc basis

BENYAM DAWIT MEZMURs


PROFESSIONAL ACTIVITIES

lectures and supervises post-graduate students in modules such as childrens


rights, human rights, and the rights of persons with disabilities; serves as a
guest lecturer in a number of universities such as University of Pretoria,
University of Antwerp/Ghent, Tilburg University on child rights related issues;
and undertakes many academic activities such as conducting research projects,
and serving in fellowships (served at Utrecht University, University of Groningen,
and Abo Akademi)

As a Vice-Chairperson (2nd) of the African Committee, Mezmur undertakes work


on State Party Reports, Communications/Individual complaints, general
comments, investigative missions; take part in providing training, and advocacy
efforts for childrens rights in collaboration with CSOs; etc.

Mr Mezmur has been involved/contributed to law/policy reform efforts in some


countries; done work to research, advise, and/or train on childrens rights issues
for governments, and organizations such as UNICEF, the SRSG VAC, Hague
Conference on Private International Law, African Child Policy Forum (ACPF), Plan
International, Save the Children, Sexual Rights Initiative, and World Vision.

AMAL SALMAN ALDOSERI

Vice Chairperson

Manama, Kingdom of Bahrain

Fluent Arabic and English, good


command of French and first certificate
in German

Advisor to the President, General


Organization for Youth and Sport. In
charge of strategic planning for young
people living in Bahrain in all fields,
including human rights and civic
participation.

Active member of the National


Committee for Childhood, heading the
team to draft the first National Child
Strategy and plan of action.

AMAL SALMAN ALDOSERIs


PROFESSIONAL ACTIVITIES

Headed a professional team to draft the Child Law in accordance with


the CRC, which has been enforced as of August 2012.
Manager of the first National Youth Strategy 2005-2009 and the update
2011-2015, including young peoples participation and rights.
Manager of National Child Strategy in Bahrain and Action Plan 2012-2016.
Manager of Situation Analysis Report (Sit-An) 2003 and 2011, focusing on
the challenges facing children in all fields, most importantly the legal gaps in
the Bahraini law.
Project Manager of Multiple Indicator Cluster Survey- MICS, in coordination
with UNICEF.
Engaged in developing Bahrains initial, second and third country report
on CRC and delegation member to the discussion of the reports in Geneva.

Participated and lectured in various workshops on CRC, Women and youth

SARA DE JESUS OVIEDO


FIERRO

Vice Chairperson

English, Spanish

Chambo-Chimborazo-Ecuador

Secretaria Ejecutiva del Consejo


Nacional de la Niez y
Adolescencia.

Representante Titular del Ecuador


ante el Instituto Interamericano
del Nio, Nia y Adolescente

SARA DE JESUS OVIEDO FIERROs


PROFESSIONAL ACTIVITIES
Aporte al Movimiento Nacional Indgena
Aporte al Movimiento Nacional de Mujeres
Organizacin y fortalecimiento de los servicios de desarrollo infantil
en el Ecuador.
Construccin del Sistema Nacional Descentralizado de Proteccin
Integral a la Niez y Adolescencia
Aporte en el Fortalecimiento del Instituto Interamericano del Nio, la
Nia y Adolescentes
Participacin en reuniones nacionales e internacionales para el
fortalecimiento del sistema nacional de proteccin infantil.

KIRSTEN SANDBURG

Rapporteur

RENATE WINTER

Vice Chairperson

Vienna, Austria

English, French, Spanish,


German, Dutch

Member of the Appeals


Chamber of the Special Court
of Sierra Leone (appointed by
the UN Secretary General in
June 2002). Elected President
of the Special Court for Sierra
Leone from 2008 to 2010.

RENATE WINTERs
PROFESSIONAL ACTIVITIES
Since June 2002 Judge to the Appeals Chamber of
the Special Court for Sierra Leone;
2000-2002: International Judge with the United
Nations Mission in Kosovo (UNMIK) at the Mitrovica
Regional District Court and Justice at the Supreme
Court of Kosovo
1996-2000: UN Centre for International Crime
Prevention, Vienna, expert consultant on the
implementation of the Convention on the Rights of
the Child on four continents
1981-1996: Judge at the Vienna Youth Court

YASMEEN MUHAMAD SHARIFF

Vice Chairperson

Selangor, Malaysia

English, Bahasa Malaysia, Fair


Command of Punjabi and Urdu

Advocate & Solicitor, Principal &


managing partner of law offices of
Yasmeen Hajar & Hairudin; Council
member of Malaysian Bar; Council
Member of National Advisory &
Consultative Council on Children;
Council member of National
Coordinating Council for the Protection
of Children; National Womens Advisory
Council member, Member of the Bar
Councils Human Rights Committee;
Executive Council member of the
Malaysian Council for Child Welfare

YASMEEN MUHAMAD SHARIFF s


PROFESSIONAL ACTIVITIES

Managing law office; interviewing clients; drafting cause papers;


attending court and litigating cases in the area of Family law
(maintenance, custody , guardianship, access) as well as other
areas; attending to NGO work in the area of women and children;
conducting training on the UNCRC for NGOs, students , teachers,
schools and government personnel; working on improving the
Juvenile Justice system by introducing alternatives to custody,;
conducting Legal Aid clinics for children in conflict with the law at
prisons and remand centers ; reviewing the Child Act 2001,
Domestic Violence Act 1996, Law Reform (Marriage and Divorce) Act
1976 and other legislation which is discriminatory to women and
children; lobbying for amendments and better laws ; conducting
general advocacy work on women and childrens issues;
empowering women & children and defending the rights of children.

Election Process & Term


eighteen experts of high moral
standing and recognized competence
in the field covered by the Convention
members of the Committee shall be
elected by States Parties from among
their nationals and shall serve in their
personal capacity, consideration being
given to equitable geographical
distribution, as well as to the principal
legal systems.

The members of the Committee shall


be elected by secret ballot from a list
of persons nominated by States
Parties. Each State Party may
nominate one person from among its
own nationals
The initial election to the Committee shall
be held no later than six months after the
date of the entry into force of the
present Convention and thereafter every
second year. At least four months before
the date of each election, the SecretaryGeneral of the United Nations shall address
a letter to States

The members of the Committee shall be


elected for a term of four years. They shall
be eligible for re-election if renominated.
The term of five of the members elected at
the first election shall expire at the end of
two years; immediately after the first
election, the names of these five members
shall be chosen by lot by the Chairman of
the meeting

Functions of the Parties


States Parties undertake to submit to the
Committee, through the Secretary-General
of the United Nations, reports on the
measures they have adopted which give
effect to the rights recognized herein and
on the progress made on the enjoyment of
those rights
(a) Within two years of the entry into force
of the Convention for the State Party
concerned;
(b) Thereafter every five years.

2. Reports made under the present article shall indicate factors and
difficulties, if any, affecting the degree of fulfillment of the obligations
under the present Convention. Reports shall also contain sufficient
information to provide the Committee with a comprehensive
understanding of the implementation of the Convention in the country
concerned.

3. A State Party which has submitted a comprehensive initial report to the


Committee need not, in its subsequent reports submitted in accordance
with paragraph 1 (b) of the present article, repeat basic information
previously provided.

4. The Committee may request from States Parties further information


relevant to the implementation of the Convention.

5. The Committee shall submit to the General Assembly, through the


Economic and Social Council, every two years, reports on its activities.

6. States Parties shall make their reports widely available to the


public in their own countries.

Reports made under the present article


shall indicate factors and difficulties, if
any, affecting the degree of fulfillment of
the obligations under the present
Convention. Reports shall also contain
sufficient information to provide the
Committee with a comprehensive
understanding of the implementation of
the Convention in the country concerned.
With Regards to information:

The Committee may request from States Parties further information relevant
to the implementation of the Convention.
The Committee shall submit to the General Assembly, through the Economic
and Social Council, every two years, reports on its activities.

How to monitor effective


implementation?

Specialized agencies, the United Nations Children's


Fund, and other United Nations organs shall be
entitled to be represented at the consideration of the
implementation of such provisions of the present
Convention as fall within the scope of their mandate. The
Committee may invite the specialized agencies, the United
Nations Children's Fund and other competent bodies as it
may consider appropriate to provide expert advice on the
implementation of the Convention in areas falling within the
scope of their respective mandates. The Committee may
invite the specialized agencies, the United Nations
Children's Fund, and other United Nations organs to submit
reports on the implementation of the Convention in areas
falling within the scope of their activities

Other Provisions (Ratification


and Accession)

PART III
Article 46
The present Convention shall be open for signature by all States.
Article 47
The present Convention is subject to ratification. Instruments of
ratification shall be deposited with the Secretary-General of the
United Nations.
Article 48
The present Convention shall remain open for accession by any
State. The instruments of accession shall be deposited with the
Secretary-General of the United Nations of its instrument of
ratification or accession.
ALL STATES MAY SIGN OR ACCEPT, NO RESTRICTIONS
RATIFICATION/ACCESSION to be manifest need INSTRUMENTS OF
RATIFICATION/ACCESSION, which will be submitted to the UN Secretary
General

Ratification is an act by which a State


signifies an agreement to be legally bound
by the terms of a particular treaty.

To ratify a treaty:
1. the State first SIGNS it and then fulfils its own national
legislative requirements. (the signing is not present in
accession)
2. Once the appropriate national organ of the country Parliament,
Senate, the Crown, Head of State or Government, or a combination of
these follows domestic constitutional procedures and makes a formal
decision to be a party to the treaty.
3. The instrument of ratification, a formal sealed letter referring to the
decision and signed by he States responsible authority, is then prepared
and deposited with the United Nations Secretary-General in New York.

Deposit: After a treaty has been concluded, the written instruments


which provide formal evidence of a States consent to be bound are
laced in the custody of a depository. The texts of the Convention
on the Rights of the Child and its Optional Protocols designated the
Secretary-General of the United Nations as their depository. The
depository must accept all notifications and documents
related to the treaty, examine whether all formal
requirements are met, deposit them, register the treaty and
notify all relevant acts to he parties concerned.

Accede/Accession: Accessionis an act by which a State signifies its


agreement to be legally bound by the terms of a particular treaty.
It has the same legal effect as ratification, but is not preceded by
an act of signature. The formal procedure for accession varies according
to the national legislative requirements of the State. To accede to a
human rights treaty, the appropriate national organ of a State
Parliament, Senate, the Crown, Head of State or Government, or a
combination of these follows its domestic approval procedures
and makes a formal decision to be a party to the treaty. Then, the
instrument of accession, a formal sealed letter referring to the decision
and signed by the States responsible authority, is prepared and deposited
with the United Nations Secretary-General in New York.

Article 49
1. The present Convention shall enter into force on the thirtieth day
following the date of deposit with the Secretary-General of the United
Nations of the twentieth instrument of ratification or accession.
2. For each State ratifying or acceding to the Convention after the deposit of
the twentieth instrument of ratification or accession, the Convention shall
enter into force on the thirtieth day after the deposit by such State

EXPLANATION of #1:
After 20th country submits its instrument of
ratification/accession, the Convention will take
effect 30 days after the date of deposit with
the Secretary General of the UN.

EXPLANATION of #2:
When a ratification /accession is deposited after the
situation in #1, the Convention will take effect 30
days after the date of deposit with the Secretary
General of the UN by the ratifying State.

Article 50
1. Any State Party may propose an amendment and file it with the Secretary-General of the
United Nations. The Secretary-General shall thereupon communicate the proposed amendment to
States Parties, with a request that they indicate whether they favor a conference of States Parties for
the purpose of considering and voting upon the proposals. In the event that, within four months
from the date of such communication, at least one third of the States Parties favor such a
conference, the Secretary-General shall convene the conference under the auspices of the
United Nations. Any amendment adopted by a majority of States Parties present and voting at the
conference shall be submitted to the General Assembly for approval.
2. An amendment adopted in accordance with paragraph 1 of the present article shall enter into force
when it has been approved by the General Assembly of the United Nations and accepted by a twothirds majority of States Parties.
3. When an amendment enters into force, it shall be binding on those States Parties which have
accepted it, other States Parties still being bound by the provisions of the present Convention and any
earlier amendments which they have accepted.

A proposal is made. And if


within 4 months from
communication, 1/3 of
the State parties
approve, the conference
for amendment is
convened (called for)
under the UN.

The matter is
voted upon and
2/3 of the State
parties must
approve and it is
submitted for
approval by the
General Assembly.

Article 51
1. The Secretary-General of the United Nations shall receive and
circulate to all States the text of reservations made by States at
the time of ratification or accession.
2. A reservation incompatible with the object and purpose of the
present Convention shall not be permitted.
3. Reservations may be withdrawn at any time by notification to
that effect addressed to the Secretary-General of the United
Nations, who shall then inform all States. Such notification shall
take effect on the date on which it is received by the SecretaryGeneral

Article 52
A State Party may denounce (terminate) the present Convention by
written notification to the Secretary-General of the United Nations.
Denunciation (Termination) becomes effective one year after the date
of receipt of the notification by the Secretary-General.
Article 53
The Secretary-General of the United Nations is designated as the
depositary of the present Convention.
Article 54
The original of the present Convention, of which the Arabic, Chinese,
English, French, Russian and Spanish texts are equally authentic, shall be
deposited with the Secretary-General of the United Nations. In witness
thereof the undersigned plenipotentiaries, being duly authorized thereto
by their respective Governments, have signed the present Convention.