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Discussion on Children’s Rights

 Self-introduction
a) Name, organization, ethnicity, what province/city
b) Mention a favourite childhood activity/game/toy
or object and explain why this was your favourite.
RBA and Children’s Rights
Contents:
1. Rights-Based Approach (RBA)
2. Why highlight children’s rights?
3. The UN Convention on the Rights of the
Child (UNCRC)
.

What is a “Right”?
 What is a “Right”?
A moral or legal entitlement to have or to obtain something or
act in a certain way (Oxford Dictionary).

Something that a person is or should be morally or legally

allowed to have, get, or do (Merriam-Webster)

That which is due to anyone by just claim, legal guarantees,

moral principles, etc. (dictionary.com);

A right is an entitlement NOT optional.

Synonyms: entitlement, prerogative, privilege,

advantage, due
 As human beings, Children’s
• All of us are born with human Rights are
Human
rights; Rights!

• Human rights belong to each of

us, apply to all ages;
• Human rights guarantee basic
freedoms, meet the basic needs
of all humanity to survive,
develop and attain human
dignity.
 Human Rights Principles
1. Human rights are UNIVERSAL – for everyone

2. Human rights are INDIVISIBLE AND

INTERDEPENDENT - all rights are interrelated
and important; decisions of one right must be
made in the light of all the other rights;

3. Human rights are INALIENABLE - belong to each

of us equally; born with it.
 Main Human Rights Conventions and Treaties
• 1948 Universal Declaration of Human Rights
• 1965 Convention on the Elimination of all Forms of Racial Discrimination
• 1966 International Covenant on Civil and Political Rights
• 1966 International Covenant on Economic, Social and Cultural Rights
• 1979 Convention on the Elimination of All Forms of Discrimination
Against Women
• 1984 Convention Against Torture and Other Cruel, Inhuman or Degrading
Treatment or Punishment (CAT)
• 1986 Declaration on the Right to Development
• 1989 Convention on the Rights of the Child
• 2000 Millennium Declaration
• 2003 Convention on the Protection of the Rights of all Migrant Workers
and Members of their Families
• 2006 Convention on the Rights of Persons with Disabilities
• 2007 International Convention for the Protection of All Persons from
Enforced Disappearances
 Question:
If children have human rights,
why highlight children’s
rights?
 If children have human rights, why
highlight children’s rights?
Children …
• Have different situation than adults;
• Have different needs;
• Face particular challenges because
childhood involves stages of physical,
emotional and metal development.
• Relatively more vulnerable and less capable
to respond to their vulnerabilities than
adults.
• Adults often make decisions about
children’s lives.

Thus,
Children’s rights serve as additional safeguards to
children’s safety and development, and supports
children’s capacity to take action;

Children’s rights can be a lever or handle to

change social relations.
Power Relations in society exist and
affect the exercise/fulfillment of human
rights and children’s rights.

Class. Race. Ethnicity. Gender. Age. Religion.

Disabilities/abilities, etc.
 UNCRC
United Nations
Convention on the
Rights of the Child

How well do you know the UNCRC?

The UNCRC
• an instrument of law which state parties ratify/agree on for
ALL CHILDREN!!!
• The most widely ratified international human rights instruments;
• Raises the standard and provides a new measuring stick for the
world’s treatment of its children.
• Children are seen as not mere recipients of welfare but as rights
bearers and having a vital role in the promotion and protection
of their own rights.
 The UNCRC in Brief:
• Has 54 articles, guaranteeing over 40 substantive rights for
children;
Articles 1 to 41 - about the substantive rights;
Articles 42 to 54 - on how government implements
and monitors the Convention.
• Provides for mandatory reporting process by the State Party
(Article 44);
• The only international human rights treaty that
expressly gives NGOs a role in monitoring the
UNCRC implementation (Article 45a);
CRC is one of the Nine CORE HUMAN RIGHTS TREATIES
TREATY STATUS
1. International Convention on the Elimination on All ICERD X
Forms of Racial Discrimination
2. International Covenant on Economic Social and ICESCR X
Cultural Rights
3. International Covenant on Civil and Political ICCPR X
Rights
4. Convention on the Elimination on All Forms of CEDAW X
Discrimination Against Women
5. Convention on the Rights of the Child CRC Feb 17, 1995 a
6. Convention Against torture and Other Cruel, CAT X
Inhuman or Degrading Treatment or Punishment
7. International Convention on the Protection of the ICRMW X
Rights of All Migrant Workers and their Families
8. Convention on the Protection of All Persons from CPPED X
Enforced Disappearance
9. Convention on the Rights of Persons with CRPD April 8, 2008
Disabilities
Historical Background
• Built on earlier declarations: Geneva
Declaration of the Rights of the Child (1924);
Universal Declaration of Human Rights in 1948;
Declaration of Children’s Rights (1959);
• The CRC was carefully drafted over the course
of 10 years (1979-1989);

18
 Historical Background
• Approved and adopted into international law by
the UN General Assembly on November 20, 1989,
and came into force on September 2, 1990;
• Ratified by 193 States Parties (out of 194 state
parties) to date;
• The Philippines signed on January 26, 1990 and
ratified the Convention on August 21, 1990; the
31st country to ratify.
 Definition of a Child
• The Convention defines a ‘Child' as a person below the
age of 18, unless the laws of a particular country set
the legal age for adulthood younger (Article 1);
• In the Philippines, “Children” refer to persons below
eighteen (18) years of age or those over but 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/condition. (R.A. 7610 or Child Protection Act);
• Youth are those between 15 – 30 years old
(R.A. 8044).
 UNCRC’s Guiding Principles (4)
( the underlying requirements for any
and all rights to be realized)
1. Right to Life, Survival and Development
(Article 6)
2. Respect for the Opinions of the Child (Article 12)
3. Non-discrimination (Article 2)
4. Best Interests of the Child (Article 3)
 Right to life, Survival and Development (Art. 6)
• Rights to the resources, skills and contributions
necessary for the survival and full development of
the child.
e.g., rights to adequate food, shelter, clean water,
education, health care, leisure and recreation, cultural
activities and information about their rights;
•  These rights include protection from all forms of
child abuse, neglect, exploitation and cruelty,
including the right to special protection in times of
war and protection from abuse in the criminal
justice system.
Respect for the Opinions of the Child (Art. 12)

• Freedom to express opinions and to have a

say in matters affecting their social, economic,
religious, cultural and political life;

• Includes the right to be heard, the right to

information and freedom of association.
Non-discrimination Principle (Art. 2)

• The Convention applies to all children,

whatever their race, religion or abilities or
circumstances;
• No child should be treated unfairly on any
basis.
 Best Interests of the Child (Art. 3)
• Must be the primary concern in making decisions
that may affect them;

• Refers to the totality of the circumstances and

conditions which are most congenial to the survival,
protection and feelings of security of the child and
most encouraging to the child's physical,
psychological and emotional development.
Categories of Rights
1. Survival Rights
2. Development Rights
3. Protection Rights
4. Participation Rights
Other Classification

1.Civil Rights
2.Political Rights
3.Social Rights
4.Cultural Rights
5.Economic Rights
 SURVIVAL RIGHTS

Those rights necessary for the basic

existence of the child.
SURVIVAL RIGHTS
• Right to life (Art. 6)
• Right to parental guidance, care and
support (Art. 5, 9)
• Right to highest standard of
health and medical care (Art. 24)
• Right to social security (Art. 26)
• Right to adequate standard of living (Art. 27)
SURVIVAL RIGHTS
“According to UNICEF,
everyday 95 children
in the Philippines die
from malnutrition (or
lack of nutritious
food) and 27 out of
1,000 Filipino children
die before their fifth
birthday?
 DEVELOPMENT RIGHTS
Rights which ensure that a child is given all
the opportunities which will help the child
develop his/her potentials and evolve into a
well-rounded individual
DEVELOPMENT RIGHTS
• Right to access to appropriate
information from diverse sources
and media (Art. 17)
• Right to education which aims at developing
child’s personality, talents and mental and
physical abilities to the fullest extent
(Art. 28, 29)
• Right to leisure, recreation and cultural
activities (Art. 30, 31)
DEVELOPMENT RIGHTS
“Did you know that there are 3.8
million (or one out of 10) children
and youth aged 6 to 24 years old who
are not in school, according to the
2016 poverty survey of the Philippine
Statistics Authority? Almost 3.3
million of these children aged 16 to
24 years old are supposed to be in
Senior High School or college level”.
 PROTECTION RIGHTS

Rights which guarantee that a child is

safe from any dangerous influence or
situations which can be prejudicial to
the child
PROTECTION RIGHTS
• Right to a name, nationality and identity
(Art. 7, 8)
• Right to be protected from abuse and
maltreatment (Art. 19)
• Right to be protected from sexual abuse
and exploitation (Art. 34)
• Right to be protected from dangerous
drugs (Art. 33)
PROTECTION RIGHTS
• Right to be protected from
abduction, sale, trafficking and illicit transfer
(Art. 11, 35)
• Right to be protected from all forms of
exploitation (Art. 36)
• Right not to be subjected to torture,
cruel treatment or punishment (Art. 37)
PROTECTION RIGHTS
• Right of Children in Need of Special Protection:
* Children in situations of armed conflict (Art. 38)
* Refugee children (Art. 22)
* Children deprived of a family environment (Art. 20)
* Children in conflict with the law (Art. 40)
* Disabled children (Art. 23)
* Working children (Art. 32)
• Right to physical and psychological recovery and social
integration of child victims (Art.39)
PROTECTION RIGHTS
“More and more children are
being abused and exploited on
the internet worldwide? In the
Philippines, one in two children
is a victim of violence on the
internet. The worst form of this
violence is Online Sexual Abuse
and Exploitation of Children
(OSAEC), according to a
government study.”
PROTECTION RIGHTS
• “Did you know that as of 2011, there
are 5.5 million child laborers aged 5
to 17 years old in the country,
according to the National Statistics
Office? Around 2.9 million of them
are exposed to dangerous and poor
working conditions such as in mining
areas, banana and sugar cane
plantations and even in illegal
activities?
 PARTICIPATION RIGHTS
Rights which guarantee that a Child is heard
and given a voice in any decision making
process affecting the child.
PARTICIPATION RIGHTS
• Right to opinion (Art. 12)
• Right to freedom of expression (Art. 13)
• Right to freedom of thought, conscience
and religion (Art. 14)
• Right to freedom of association (Art. 15)
• Right to privacy (Art. 16)
PARTICIPATION RIGHTS
“The total population of the
Philippines is 108.3 million as of
2019. Of these, 43.5 million are
children and youth (19 years old
and below), according to PSA. We
represent almost 40% of the entire
population. That is why we have to
exercise our right to express our
opinion and right to participation
in our communities and society”.
 OPTIONAL PROTOCOLS
• On Children in Armed Conflict
• On Sale of Children, Prostitution and Pornography
• On Communications Procedure (not ratified by
Philippines yet) – provides for the process of reporting
and inquiry into violations against children/s rights
directly to the Committee on the Rights of the Child.
Optional protocols further elaborate key articles in the UNCRC
to address key issues that were not addressed.
 Exercise
Liezel is a ten-year old girl who lives in one of the mountainous barangays in
Maguindanao, a province in Mindanao. She is the oldest among the three siblings. Her
siblings are currently studying and walk to school about three kilometers away from their
home. Liezel stopped going to school because her parents could not afford to send all of
them to school. Her parents work at their small farm near their house in order to earn
money for food and other needs of the family. They do not have electricity at home. They
do not have a radio, thus Liezel does not have any information on what is happening in
the country and in the world. Everyday Liezel helps her parents in farming. On weekends,
her siblings also help their parents. They do not have time to play with their friends and
neighbors. One day, she got very sick but her parents could not bring her to the doctor
because they did not have money. Luckily, she got well.

In the story that you read above, what are the rights of Liezel that she does not have or
enjoy?
 Children’s Rights must be
Respected, Fulfilled and Protected!

RESPECT – acknowledgement of the rights;

FULFILL – provide necessary resources and services;
PROTECT – ensure that people, especially the disadvantaged are
protected from further violation.

Government/state party as PRIMARY DUTY BEARER.

Children as RIGHTS HOLDERS.

 Thanks for Listening!
“The true character of society is
revealed in how it treats its children.”
– Nelson Mandela