1. Report on Girl Children: A Rapid Assessment of their Situation
January 2018
1
2. Introduction
The Commission on Human Rights is an independent constitutional body with the primary
function of investigating and monitoring all forms of human rights violations in the Philippines.
The CHR monitors State compliance with international human rights instruments.
Further, the Magna Carta of Women of 2009 (MCW) has provided for the CHR’s mandate to
function as the Gender Ombud. As the Gender Ombud, the CHR must protect and promote the
rights of all marginalized sectors of women in the Philippines. Consistent with this mandate, the
CHR is tasked to monitor implementation of the MCW and undertake protection, investigation,
monitoring, and promotion of rights of women with particular attention to rights of
marginalized groups of women.
Towards this end, the CHR Gender Equality and Women’s Human Rights Center (GEWHRC)
conducted four consultations in rural and urban areas in the country in 2017 to surface issues
faced by girl children as well as disseminate information on the rights of girl children.
Since its creation, the GEWHRC has collaborated with civil society organizations and recognized
their efforts to promote women’s human rights including the conditions of girl children in the
country.
As a continuing effort to address the human rights situation of girl children, the CHR puts
forward this document. This document aims to provide an overview of the human rights of girl
children, guaranteed by international and domestic legislations; surface some of the issues and
human rights violations experienced by girl children in the Philippines, and offer ways forward
to uphold and promote human rights of girl children.
2
3. Rights of Girl Children in International and Domestic Legislations
International human rights instruments
The human rights of children are set out in the Convention on the Rights of the Child, the most
widely ratified of all the human rights treaties. The Philippines ratified the CRC in July 1990 and
its two optional protocols, the Optional Protocol on the Sale of Children, Child Prostitution and
Child Pornography (OPSC), and the Optional Protocol on the Involvement of Children in Armed
Conflict (OPAC), on May 2002 and August 2003, respectively. The CRC defines a child to mean
“every human being below the age of eighteen years unless under the law applicable to the
child, majority is attained earlier” (Art. 1)
It obliges State Parties to “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” (Art 2).
The CRC ensures the primary consideration is the best interests of the child in all undertakings.
State parties to the CRC are mandated to recognize the economic, social and cultural rights of
children; ensure the right to birth registration and to nationality of every child; protection and
safety; the right to live with a family; the right to be protected from violence; right to freedom
of expression, thought and religion; the right to freedom of association and peaceful assembly;
right to access to information; protection from all forms of violence; right to a refugee status;
right to health; right to social protection and adequate living standards; right to education; the
right to play; protection against torture; the right to reintegration and welfare of a child victim;
and the right of every child alleged as or accused of infringements of penal laws
The rights of the girl child to enjoy her human rights to the fullest extent has been addressed by
several UN treaties and treaty monitoring bodies. The Committees on CRC and CEDAW both
emphasizes the complementary and reinforcing nature of the conventions. As such, the right to
non-discrimination guaranteed by the CEDAW applies to girl children. CEDAW provides the
strongest wording against early marriage and calls for State Parties to abolish such practices.
Further, all rights enshrined in the Articles of CEDAW such as the right to the highest attainable
standard of health should be enjoyed by girls.
Other international commitments are also instructive. The International Labor Convention
provides frameworks of obligations concerning children. These include the ILO Convention No.
138 of 1973 or Minimum Age for Admission to Employment and the ILO Convention No. 182 of
1999 or Prohibition and Immediate Action for the Elimination of the Worst Forms of Child
Labour. Moreover, recently, the global commitments articulated in the Sustainable
Development Goals provides for the rights and full development of girl children. Girl children
are particularly mentioned in SDG 5 gender equality, SDG 3 health, and SDG 4 education.
National laws and policies
Several laws were enacted by Congress protecting the rights of children from all forms of abuse.
The R.A. 7610 or the Anti-Child Abuse Law which is the translation of the CRC specifies a wide
range of acts considered as child abuse and provides for stronger deterrence and special
protection against all forms of child abuse, exploitation and discrimination. This is a landmark
law protecting children from abuse. R.A. 7610 defines a child as:
3
4. “person 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 or
condition” (Sec.3)
The R.A. 9208 or the Anti-Trafficking Act protects children from trafficking in persons and
mandates state agencies to provide necessary institutional mechanisms and processes for the
protection and support of trafficked persons, including children. Under the law acts committed
against a child for the purposes of exploitation are considered qualified trafficking regardless of
the means employed to achieve consent from the child involved.
The R.A. 9262 or the Anti-Violence against Women and Their Children provides protective
measures for victim-survivors, particularly for the woman and her children. This law provides an
understanding of how acts of abuse against children by intimate partners of women are
contributory and interrelated to the acts of violence committed against a woman.
The R.A. 8353 or the Anti Rape Law reclassified rape from a crime against chastity to crime
against persons. The law also provides for statutory rape or rape of child who is under the age
of 12 years old. Under this law, there is no issue of consent for child victims under 12 years.
The R.A. 9231 or the Anti Child Labor Law provides protection for children against the worst
forms of labor and sets the minimum age of employment at 15 years old. It also regulates the
working hours and disposition of wages of children below 15 years who are allowed by law to
work.
The R.A. 7877 or the Anti Sexual Harassment Act of 1995 punishes all forms of sexual
harassment in employment, education or training environment. Under this law, sexual
harassment is committed when the perpetrator who has authority, influence or moral
ascendancy over the offended party, demands, requests or requires sexual favor from the
offended party.
The R.A. 10630 or the amended Juvenile Justice and Welfare Act establishes a system dealing
with children at risk and children in conflict with the law. The Act provides for child-appropriate
processes, and programs and services for prevention, rehabilitation, and reintegration of
children. The law provides for diversion and intervention programs, defines the age of criminal
responsibility, and promotes restorative justice as a framework for reparation of victims and
reconciliation of the offender and community.
4
5. Issues of Girl Children in the Philippines
The Child Rights Center and the Gender Equality and Women’s Human Rights Center (GEWHRC)
of the Commission on Human Rights, in cooperation with CHR Regional Offices, conducted
orientations, consultations and workshops with girl children in idenetified urban and rural
areas. These activities aim to surface issues experienced by girl children and to provide
information on how they can protect their rights:
- Consultation with Girl Children in Quezon City, 02 December 2017
- Orientation on the Juvenile Justice and Welfare Act (R.A. 9344) on 15 November 2017
- Consultation with Girl Children in Rizal on 05 November 2017; and
- Consultation with Girl Children in Benguet on 06 November 2017
The summary of issues below shows that teenage pregnancy, sexual abuse, and bullying are the
most common problems experienced by girl children in the rural and urban areas where
consultations were conducted.
It should be noted that participants in the consultations said that they have personal knowledge
of all the issues shared except for cases of sexual abuse, rape and sexual harassment in schools.
They said they have only heard from others, from news or stories passed around in their
schools or communities.
In some instances, girl children in both rural and urban areas cite the behavior of girls (e.g.
wearing skimpy clothes, flirting) as reasons for the abuse they receive. This may indicate the
persistence of the myths and misconceptions about violence against women in communities.
Drug abuse were mentioned by girls in both rural and urban areas as a response of children to
conflicts within their families (e.g. neglect or lack of attention from parents) and with peers
(influence or pressure from friends). Drug addiction was also mentioned as a factor in making
poor choices in life exacerbating conditions of poverty.
Experiences of discrimination among girl children are more distinct in rural areas than in urban
areas. The impact of poverty is likewise greater felt by those in the rural areas. This is often due
to lack of opportunities that could advance the conditions of the girl children especially their
access to education.
Responses from girl children in urban areas include a wide range of issues. Of particular concern
is the mention of gang violence and suicide. These incidents were not mentioned by girls in
rural areas.
The participants both from the rural and urban areas offered recommendations to address
issues they have raised. Sex education, and guidance of parents and teachers are needed to
prevent teenage pregnancy. The barangay and various government agencies cooperation is
pertinent to address sexual abuse cases in the communities and schools. Parents, teachers, and
guidance counselors need to take action to eliminate bullying.
They also put forward that the unconditional love from family is vital in coping with issues that
girl children encounter. They recommend seeking guidance from counselors, teachers, parents
and their elderlies and stresses the importance of bonding and open communication between
parents and children. In particular, girl children from the urban areas recommend to implement
a curfew in every barangay to deter them from using and involvement in sailing illegal drugs.
While, girl children from the rural areas said that the government should create decent jobs for
their parents so that they will not have to sacrifice their education for the survival of the family.
5
6. Below is the summary of issues surfaced by the girl children based on the consultations
conducted in select urban and rural areas.
Table 1. Summary of Issues Raised by Girl Children
Age Bracket Rural
1
Urban
2
9-11 years old 1. Lack opportunity to play. Girl
children said that the following
factors hinder their enjoyment
of their right to play: they have
no playmate, they are not
allowed to play, they are sick,
they have disabilities, and
there are no playgrounds.
Some are also expected to
stay in the house or work to
help the family
2. Access to education. Girl
children reported that the
distance of schools from their
houses, and poverty or lack of
jobs of their parents prevent
them from going to school.
3. Child and sexual abuse. Girls
have heard stories about
children getting raped and
even killed.
1. Bullying. Many girl
children at this age bracket
experienced bullying
oftentimes experienced at
school and done by their
classmates.
2. Thief. Some girl children
commit thief because not
given with an allowance or
inability to buy material
things needed in school.
3. Family problems. Some girl
children mentioned that
oftentimes they burdened
of family problems which
include financial problem,
quarreling of parents, and
fighting among or with
siblings.
12-14 years
old
4. Discrimination. Girls relayed
that they experience
discrimination due to due to
stereotypes and expectations,
in particular:
- Expectations with regard to
how girls should act and look.
- Bullying due to physical
appearance is prevalent
especially among girls
- Discrimination because of their
status in life, particularly if
they are poor Girl children
reported that discrimination
and bullying lead to weak
performance in schools and
eventually to dropping out
from schools.
4. Bullying. This age group
also mentioned bullying as
among the issues
confronting them. They
also experience it at school
with classmates.
5. Loitering. Many of girl
children are loitering even
at school and especially at
night when at home. This
angers their teachers and
or parents as it exposes
them to violence.
6. Disrespectfulness. Many
of these girl children talk
back or turned their back
1
Based on the documentation of the consultation-workshops conducted in the Provinces of Benguet and Rizal.
2
Based on the documentation of the consultation-workshops conducted with girl children from Caloocan City, and
Batasan and Kaingin in Quezon City.
6
7. 5. Teenage pregnancy. Girl
children said that girls channel
their attention towards their
boyfriends when they their
families don not pay them
attention. This and peer
pressure, sometimes lead to
alcoholism and drug addiction
that oftentimes cause teenage
pregnancy.
6. Incidents of sexual abuse,
particularly rape, acts of
lasciviousness, voyeurism at
home and sexual harassment
in schools.
7. Child Labor. Due to poverty,
or lack of support from
parents they are pushed to
earn for themselves. This
deprives them with
opportunity to study.
8. Other examples mentioned by
girl children include
cyberbullying, substance
abuse, smoking, and child
abuse (physical and verbal
abuse committed by family
members, teachers and other
adults)
when their parents are
talking, and do not follow
what their parents say.
7. Alcoholism and gang
violence. Some girl
children resort to alcohol
and or gang violence to get
the attention of parents,
teachers or peers and
some to just derive
enjoyment out of doing it.
8. Teenage Pregnancy.
Several of these children
say that teenage pregnancy
is the most prevalent issue
among them. They cite
lack of guidance from or
neglectful parents,
rebelliousness, financial
problem, and being “care
free” and curious as
among the reasons.
.
15-17 years
old
9. Teenage Pregnancy. Girls
mentioned that the three
factors that lead to teenage
pregnancy are family
problems, peer pressure, and
pregnancy resulting from rape.
Girl children reported that
teenage pregnancy lead to
feelings of shame and low
self-esteem.
Ignorance and lack of parental
guidance were also cited as
causes of teenage pregnancy.
In some cases, girls undergo
abortion because family
members think it’s a disgrace
for girls in their family to
become pregnant at an early
age. Because of this, girls may
9. Teenage pregnancy.
Many of these children also
cite early pregnancy as
their most prevalent issue.
Mostly this is due to
parents not being able to
fulfill their needs,
involvement in drug abuse
and sale, being out of
school, lack of financial
support or capability.
10. Out-of-school. Several of
girl children are
out-of-school due to
poverty and inability of
parents to support them.
11. Harassment. Many of
7
8. further suffer from abuse from
family members and judgment
from others, resulting in
depression.
10. Discrimination. Girls shared
cases of discrimination due to
their ethnicity and physical
appearance, oftentimes
leading to bullying in schools.
Some also shared their
experience of being cat-called.
They also mentioned that boys
are allowed to stay out late
while girls are not
11. Sexual abuse. Some
participants reported news
and stories of rape and
murder of girls in their
communities.
12. Poverty. Some girls help their
families to earn a living instead
of going to school. Others do
not have enough money to
travel to school or to pay for
school projects, or even for
regular meals.
13. Family problems. This
contribute to girl children’s
exposure to alcohol and other
illegal substance and gang
involvement and violence.
These problems include
financial problems, neglect or
lack of attention by parents,
pressure on the child,
maltreatment and abuse, and
the general lack of peace in
the family.
14. Peer pressure. When peer
pressure adds to family
problems, girl children are
pushed further into drug use
and addiction. Drug addiction
affects their decision-making
and could lead to bad choices
in life, teenage pregnancy,
poverty, and criminality.
these children experience
harassment, sexual or
otherwise due to their
physical appearance mist
of the time.
12. Suicide. The prevalence of
suicide in this age group is
mentioned by most of the
participants. They
attributed this to bullying
in school and depression
due to family problems,
i.e., separated parents,
irresponsible or neglectful
parents.
8
9. Reports and submissions from civil society also provide a glimpse on the conditions of girl
children in the Philippines. The National Consultation on the CEDAW draft recommendations on
General Recommendation 19 organized by the CHR and Women’s Legal and Human Rights
Bureau (WLB) on September 2016, put forward access to justice issues of marginalized sectors,
including girl children. The Philippine Alliance of Women with Disabilities (PAWID) submission
to the CEDAW Review in 2016 exposes human rights issues among girls. The following are the
major issues highlighted in these reports.
Trafficking and prostitution of girls
In the Consultation on the CEDAW General Recommendation 19 organized by the CHR and WLB
last September 2016 , women’s organizations in the Philippines highlighted the links of
3
trafficking and prostitution of girls in the country.
Women's Education, Development, Productivity and Research Organization (WEDPRO) shared
that reports of trafficking of children, mostly girls, increased after Typhoon Haiyan. Girls from
Haiyan-affected communities in the Visayas were trafficked for prostitution in Olongapo City.
Coalition Against Trafficking in Women- Asia Pacific (CATW-AP) corroborates this information
and further claim that most women in the sex industry started at a young age and ninety
percent of them have previous experience o sexual abuse.
Armed conflict situation also exacerbates vulnerability of girls to trafficking. Nisa Ul Haqq Fi
Bangsamoro reported that girls would fly from Cotabato to Manila and eventually to the Middle
East using fake travel documents. Sometimes families are complicit to these arrangements.
Early and arranged marriage
In the same consultation, the Pambansang Koalisyon ng Kababaihan sa Kanayunan (PKKK)
reported that arranged marriages that make young girls vulnerable are practiced in rural
communities. Nisa Ul Haqq also mentioned that numbers of reported arranged marriages in
evacuation centers is high because families use marriages to ensure enough supply of food.
Girls are married off to ease the burden of responsibility from the family.
Cyberbullying and violence against girls committed in the internet
Civil society organizations looked at issues of cybertrafficking and cyberprostitution or the use
of technology or the internet to commit and facilitate acts of violence against women and girl
children. Girl participants in the consultations gave examples of cyberbullying committed
against them and how these could lead to depression, low self-esteem, and weak performance
in schools.
The family as a site of violence
3
Consultation on CEDAW Draft General Recommendations 19: Accelerating Elimination of Gender-Based Violence
against Women, 27-28 September 2016, UP Diliman Quezon City, organized by the GEWHRC- CHR and Women’s
Legal and Human Rights Bureau
9
10. Girl children gave examples of how they experience neglect from family members, pressure to
work and help the family’s survival, rejection and isolation due to early pregnancy, and isolation
and restriction to play due to disability. For girl children, the family is sometimes the first site of
violence.
There are also cases of child and sexual abuse perpetrated by family members. Civil society
organizations assert that families do not always report cases of sexual abuse due to the shame
that it might bring to the family.
Violence against girl children with disabilities
The Philippine Alliance of Women with Disabilities’ submission for the 64TH
Session of the
CEDAW Review in 2016 , emphasized the multi-faceted experience of discrimination of women
4
and girls with disabilities. The submission detailed the wide-ranging human rights issues faced
by girl children in the Philippines including the following: widespread and continuing lack of
awareness toward deaf girl victims of violence; lack of capacity of women’s desks to provide
assistance to victims of abuse ;and failure of law enforcement to successfully prosecute cases of
trafficking of girls with disabilities; and persistent prejudice and gender stereotypes by law
enforcement officials against girl victims of violence.
The report also mentions barriers to the right to vote and full participation in public and
political life, poorer performance and completion rates of girls with disabilities in primary
education, particularly in rural areas, and the lack of age-appropriate sexuality and
reproductive health education.
Lastly, PAWID submission also emphasized that lack of data is often cited by government
agencies as reasons not to enact policies and programs for girls with disabilities.
4
Submission by the Philippine Alliance of Women with Disabilities for consideration in the review of the State
Party of the Republic of the Philippines, to the Committee on the Elimination of Discrimination Against Women,
64th
Session, 04-22 July 2016
10
11. Ways Forward
International Monitoring of the Rights of Girl Children
The CEDAW Committee Concluding Observations provide recommendations on ensuring that
rights of girl children are protected and promoted. The Committee’s Concluding Comments on
the seventh and eight periodic review of the Philippines in July 2016 gave recommendations on
using temporary measures for girls, combatting gender-based violence against girls, promote
primary education of girls, and promote sexual and reproductive health rights of girls.
Concretely, the committee encourages the State to:
- Use temporary special measures to enhance substantive equality of girls and women
belonging to disadvantaged sections, including minority groups and communities;
- Combat gender-based violence by addressing low reporting of incidents, particularly
domestic violence and sexual violence, due to stigmatization of and discrimination
against victims
- Prevent, investigate and punish all forms of gender-based violence, in particular sexual
violence perpetrated by State and non-State actors, apply a zero-tolerance policy to
combat impunity and provide necessary support to women and girls who are at risk or
victims of such violence, including during times of armed conflict, in line with the
Committee’s general recommendation No. 30 (2013) on women in conflict prevention,
conflict and post-conflict situations;
- Address the root causes of the vulnerability of women and girls to violence, including
poverty, inequality in family relations, insecurity, and discriminatory stereotypes;
- Provide assistance, rehabilitation and reintegration programmes for women and girls
exploited in prostitution, in addition to exit programmes for women wishing to leave
prostitution
- Promote the enrolment of girls in pre-primary and primary education; and analyze and
address obstacles faced by girls who are not enrolled or who have dropped out in school
- Develop operational guidelines for schools and provide training for teachers in order to
deliver high-quality, age-appropriate education on sexual and reproductive health and
rights for all girls and boys, including those with disabilities; and
- Full implementation of the 2015 Committee recommendations in the inquiry on
reproductive health, including access to modern contraceptive and legalization of
abortion under certain circumstances.
There are two particular recommendations to promote human rights of girls made in the 3rd
Universal Periodic Review:
- “Take immediate steps to permit abortion in cases where a woman’s or a girl’s life or
physical or mental health is in danger, where the pregnancy is a result of rape or incest
and in cases of fetal impairment, with a view to decriminalizing abortion in the near
future (Netherlands);” and
- Continue its efforts to improve education in the country, to enhance the number of girls
enrolled in pre-primary and primary education and to ensure a compulsory and free
education (State of Palestine);
11
12. Summary of Recommendations from Consultative Meetings
The following are the major recommendations to promote human rights of girl children, as
gathered from the series of consultations conducted in 2017. These recommendations were
provided by the participating girl children and civil society organizations
1. Systematically gather age-, disability- and gender-disaggregated data differentiated
according to urban and rural demographics.
The Philippine Statistics Authority has recently released a factsheet on women and men
5
containing vital national information on demographics, education, work and employment,
health and nutrition income and expenditure, tourism, and social welfare and development
indicating results for men and women. The report contains information on the youth. This is a
welcome development.
A more intensive effort to purposely generate and collect information on the situation of girls is
needed for better policy and program interventions. Efforts should be made at all levels of local
government, in collaboration with national agencies, to gather data concerning girls in urban
and rural areas and girls with disabilities.
2. Probe violence against girls in situations of displacement, armed conflict and disasters.
Armed conflict and disaster situations aggravate vulnerability of girls to child and sexual abuse,
as seen from the reports from civil society organizations. Situation of girls in evacuation centers
should be monitored to prevent the occurrence of gender-based violence among women and
girl children.. It is important to enable action by community members and the government at
multiple levels.
3. Design holistic, age- and disability- appropriate interventions and services particularly
for victims of sexual abuse.
Civil society organizations assert that cases involving girls with disability should be handled
differently to avoid traumatization. Greater cooperation is needed among government agencies
and professionals (eg lawyers, interpreters, child care providers) in order to design a holistic
and appropriate package of interventions for girl victim-survivors of sexual abuse.
4. Intensify enforcement of laws protecting rights of girl children.
Effectively implement laws particularly those protecting girls against child abuse and various
forms of sexual abuse. More careful attention is needed in responding to cases involving girls
from marginalized sectors, such as those with disabilities, or those coming from the rural areas.
Design ways to make monitoring and interagency committees already established in local
government units more effective in terms of addressing trafficking and violence against girls.
Violence committed through technology and the internet calls for a more coordinated and
response from law enforcement and other duty bearers.
5. Improve access to education and information on gender and sexuality.
The participants recommend to have an intensive effort to provide age-appropriate education
on gender and sexuality for girls. Awareness and information may lead to informed choices
about sexuality and could prevent unwanted and early pregnancy.
5
See Philippine Statistical Authority. (2017 March). Factsheet on Women and Men in the Philippines.
www.psa.gov.ph
12
13. Discussions to alter biases, prejudice and discriminatory stereotypes against women and girls,
particularly victim-survivors of violence, are needed in the community at large and also among
girls.
6. Address systemic causes of poverty and violence in the family and community.
Girl children and civil society organizations reiterate the need for a comprehensive approach to
social problems affecting girls. For example, rural girls demanded for decent jobs for their
parents. Urban girls suggests the need for a strong response to violence against women
especially those who have witnessed violence committed against their mothers and women
guardians. Both girls in urban and rural communities highlighted the need to make the
communities safer for children’s play by creating appropriate and child-safe infrastructures,
curbing criminality in their localities, and providing wider options of activities that girl children
could engage in.
Girl children are among the most vulnerable groups in society. Their rights also need to
be promoted, protected and fulfilled. As Hillary Clinton, former U.S. Secretary of State, says
never doubt the value and power of girl children; they too deserve of every chance and
opportunity in the world to pursue and achieve their dreams.
13
