UN CONVENTION ON

THE RIGHTS OF
THE CHILD

Adopted by the UN General

Assembly 20 November 1989
Entered into force 2 September 1990
Ratified by the Philippine 21 August 1990
 THE PHILIPPINES as a signatory
STATE
 Doctrine of Incorporation
Art. 2, Section 2 of the Constitution
 R.A. No. 9344
Section 2 (Declaration of State Policy)
- 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. ..
 CATEGORIES OF RIGHTS
SURVIVAL
DEVELOPMENT
PARTICIPATION
PROTECTION
 SURVIVAL Rights
 Adequate living standard
 Shelter
 Nutrition
 Access to medical services
 DEVELOPMENT Rights
 Education
 Play and leisure
 Cultural activities
 Access to information
 Freedom of thought, conscience
& religion
 PARTICIPATION Rights
Freedom to express opinions
Have a say in matters affecting their
own lives
Freedom to join asso.
Assemble peacefully
Increasing opportunities to
participate in the activities of society
as their abilities develop
 PROTECTION Rights
 Abuses in the criminal justice
system
 Torture
 Armed conflict
 Child labor
 Drug abuse
 Sexual exploitation
FOUR (4) CORE
PRINCIPLES
 FOUR CORE PRINCIPLES
 Non-discrimination
 Best interests of the child a
primary consideration
 Right to life, survival and
development
 Respect for the views of the child
(evolving capacity)
PERTINENT PROVISIONS OF
UN CRC

ARTICLES PERTAINING TO
JUVENILE JUSTICE
ARTICLE 37
NO TORTURE
Article 5(a), R.A. No. 9344
ARTICLE 37
NO CAPITAL PUNISHMENT
Sec. 5(b), R.A. 9344
Sec. 59, R.A. 9344
(Exemption from the Application of Death
Penalty)
Article 68(2) of the RPC
(Privilege Mitigating Circumstance)
 ARTICLE 37
 NO UNLAWFUL DEPRIVATION OF
LIBERTY
 DETENTION A MEASURE OF LAST
RESORT
› Art. 34, R.A. 9344
(Bail- Privileged Mitigating Circumstance of
Minority shall be considered)
› Art. 35, R.A. 9344 (Release on Recognizance)
› Art. 36, R.A. 9344
(Detention of the Child Pending Trial)
› Art. 42, R.A. 9344
(Probation as an Alternative to
Imprisonment)
Can be applied anytime
 ARTICLE 37
DETAINED CHILDREN
SHOULD BE TREATED WITH

HUMANITY

SEGREGATION
 ARTICLE 37
PROMPT ACCESS TO LEGAL
&
OTHER APPROPRIATE
ASSISTANCE
PROMPT DECISION
 ARTICLE 37
TREAT WITH DIGNITY
TAKE INTO ACCOUNT CHILD’S
AGE
TAKE INTO ACCOUNT
REINTEGRATION
ARTICLE 40
 NO EX POST FACTO LAW
 PRESUMED INNOCENT

 TO BE INFORMED OF
CHARGES
 SPEEDY DISPOSITION OF
CASE
ARTICLE 40
 RIGHT AGAINST SELF
INCRIMINATION
 RIGHT TO APPEAL
 RIGHT TO PRIVACY
Section 43, R.A. 9344 (Confidentiality of
Records & Proceeding)
- (Not liable for perjury, concealment or
misrepresentation by reason of his/her
failure to acknowledge the case or recite
any fact related thereto in response to any
inquiry made to him/her for any purpose.)
ARTICLE 40
 ESTABLISH MINIMUM AGE OF

CRIMINAL LIABILITY
 DIVERSION

 ALTERNATIVE DISPOSITION

MEASURES
RIGHTS BASED
APPROACH
TO CHILD PROTECTION
 RIGHTS BASED APPROACH TO CHILD
PROTECTION
1. All programs &policies should further the
realization of children’s rights as laid down
in the CRC &other international human
instruments.
2. All human beings are entitled to their human
rights without discrimination of any kind,
such as race, colour, sex, ethnicity, age,
language, religion, political or other opinion,
national or social origin, disability, property,
birth or other status.
3. States and other duty- bearers are
answerable for the observance of human
rights. Where they fail to do so, aggrieved
rights holders are entitled to institute
proceedings for appropriate redress before a
competent court or other adjudicator in
accordance with the rules and procedures
provided by law.
HUMAN RIGHTS PRINCIPLES
 Human rights are universal &
inalienable.
 Human rights are indivisible.
 Human rights are interdependent and
interrelated.
 All human beings are entitled to their
human rights without discrimination
DAGHANG SALAMAT