Child Rights

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Child Rights

  1. 1. Outline of Presentation I. Brief background of CWC II. Convention on the Rights of the Child III. Recent Laws on ChildrenCouncil for the Welfare of Children (CWC) Photo by: Tina Marie de Leon
  2. 2. COUNCIL FOR THE WELFARE OF CHILDREN
  3. 3. LEGAL BASESPresidential Decree No. 603 (Dec. 10, 1974) Created the CWC & established it under the Office of thePresident. Otherwise known as “The Child and YouthWelfare Code (As amended). The enforcement &implementation of P.D. 603 was its primary responsibility.Executive Order No. 708 (July 27, 1981) Reorganized the Office of the President and placed CWC asan attached agency to the DSWD.Executive Order No. 233 (July 22, 1987) Redefined the role and organizational structure of theCWC and enlarged its membership and included youthrepresentative to the Council Board. Remained attached toDSWD.
  4. 4. LEGAL BASESRepublic Act No. 8980 (December 5, 2000) “The Early Childhood Care and Development Act”Designated the CWC also as the National ECCDCoordinating Council and attached it to the Office ofthe PresidentExecutive Order No. 778 (January 13, 2009) Transformed the CWC into the ECCD Council,attached to the Office of the President. The functionsand staff of CWC which are not part of ECCD aretransferred to DSWD.Executive Order No. 806 (June 9, 2009) Amending EO No. 778 and affirmed that CWCshall continue to function and exercise the samepowers pursuant to the provisions of PD 603 and EO233 and attached to DSWD.
  5. 5. VISION The focal government inter-agency body providing dynamicleadership in ensuring a child-friendly and child-sensitivesociety where every child fullyenjoys his/her rights.
  6. 6. Mission:CWC shall undertake its coordinative role forchildren through: Coordination of implementation and enforcement of all laws relative to the promotion of children’s welfare; Formulation and advocacy for the implementation of policies, programs and measures for children; Monitoring and evaluation of policies, programs and measures for children;
  7. 7. Mission:CWC shall undertake its coordinative rolefor children through:  Advocacy for child rights and mobilization of resources;  Building strong networks, partnerships and coordination mechanisms; and  Institution building of partners and stakeholders
  8. 8. Composition of CWC DSWD DepEd DILG DOH NEDADOLE CWCDA SecretariatDOJ 3 privateNNC Individuals Ex-Officio Members - Phil. Information Agency - NAPC- CBS Sectoral Rep
  9. 9. COUNCIL BOARD TECHNICAL RSCWC MANAGEMENT SECRETARIAT GROUP (Executive Director) Provincial /LCPC Sectoral Panels/ Committees Deputy Executive Director (CWC) Municipality /City /LCPC  Committee on Children in Need of Special Protection Policy and Planning Division (CNSP) (PPD) 5 Subcommittees Barangay Localization and  Committee on Family andCouncil for the Institutionalization Division Alternative Care(ComFAPC) Protection of (IDMD) Children Committee on Children and Administrative and Finance HIV/AIDS (ComCHA) (BCPC) Division (AFD) National Committee on Public Affairs and Children and Youth Participation Information Office (PAIO)  Communication Committee Management Information Service (MIS)
  10. 10. Who is a child? A child is every human being belowthe age of 18 years unless, national lawsrecognize the age of majority earlier –(CRC, Article 1)
  11. 11. What are the Rights of the Child? To be born. To have a name and nationality To be free To have a family To have a good education To have enough food, healthy and active body
  12. 12. What are the Rightsof the Child? To be given the opportunity for play and leisure To be given protection against abuse, danger and violence To live in a peaceful community To be assisted and defended by the government To be able to express own views
  13. 13. What is theConvention on theRights of theChild?
  14. 14. . is an international instrument of law that defines thecomprehensive sets of rights that ALL children mustenjoy. State parties should ensure that all appropriatemeasures are undertaken to ensure enjoyment of childrights1990TheConvention ontheRights of theChild
  15. 15. Basic Principles•Best Interest of the Child•Right to life, survival and development •Non-discrimination •Right to participation
  16. 16. Categories • Survival, • Development, • Protection,• and Participation.
  17. 17. Survival RightsEvery child has the inherent right to life, and the State has an obligation to ensure the child’s survival and development. They include rights toadequate food, shelter, clean water, and primary health care.
  18. 18. Development Rights These are rights to the resources, skills and contributions necessary for the full development of the child. They include rights to formal education, leisure and recreation, cultural activities and information.
  19. 19. Protection RightsThese 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.
  20. 20. Participation RightsChildren are entitled to the freedom toexpress opinions and to have a say in matters affecting their social, economic, religious, cultural and political life. Participation rights include the right to express opinionsand be heard, the right to information and freedom of association.
  21. 21. Related Articles of the Convention General Measures of Implementation  Implementation of rights (article 4)  Promotion of rights and dissemination of information (article 42)  Respect for higher standards (article 41) Definition of a Child  Definition of a child (article 1) General Principles  Non-discrimination (article 2)
  22. 22. Related Articles of the Convention General Principles  Best interests of the child (article 3)  Right to life, survival and development (article 6)  Respect for the views of the child (article 12)  Civil Rights and Freedoms  Name and nationality (article 7)  Preservation of identity (article 8)  Freedom of expression (article 13)
  23. 23. Related Articles of the Convention Civil Rights and Freedoms  Access to appropriate information (article 17)  Freedom of thought, conscience, and religion (article 14)  Freedom of association and peaceful assembly (article 15)  Protection of privacy (article 16)  Prohibition of torture and the death penalty (article 37 (a) ) Family Environment and Alternative Care  Parental guidance and the child’s evolving capacities (article 5)
  24. 24. Related Articles of the Convention Family Environment and Alternative Care  Parental responsibilities (article 18(1) and (2) )  Separation from parents (article 9)  Family reunification (article 10)  Recovery of maintenance for the child (article 27 (4) )  Children deprived of a family environment (article 20)  Adoption (article 21)  Illicit transfer and non-return (article 11)  Prevention of abuse and neglect (articles 19 and 39)
  25. 25. Related Articles of the Convention Family Environment and Alternative Care  Periodic review of placement (article 25) Basic Health and Welfare  Disabled children (article 23)  Health and health services (article 24)  Social security and child care services and facilities (articles 26 and 18(3) )  Standard of living (article 27)  Education  Education, including vocational training and guidance (article 28)
  26. 26. Related Articles of the Convention Education  Aims of education (article 29)  Leisure, recreation and cultural activities (article 31) Special Protection Measures  Children in situations of emergency  Refugee children (article 22)  Children in armed conflicts (article 38)  Children in conflict with the law  Administration of juvenile justice (article 40)
  27. 27. Related Articles of the Convention Special Protection Measures  Children in conflict with the law  Children deprived of their liberty (article 37(b), (c) and (d) )  Sentencing of juveniles (article 37(a) )  Physical and psychological recovery and social reintegration (article 39)  Children in situations of exploitation, including physical and psychological recovery and social reintegration  Economic exploitation, including child labor (article 32)
  28. 28. Related Articles of the Convention Special Protection Measures Children in situations of exploitation, including physical and psychological recovery and social reintegration  Drug abuse (article 33)  Sexual exploitation and sexual abuse (article 34)  Sale, trafficking and abduction (article 35)  Other forms of exploitation (article 36)  Children belonging to a minority or indigenous group (article 30)
  29. 29. Policy and LegislativeInitiatives (Recent Laws) R.A. 9208 or Anti-Trafficking in Persons Act of 2003 R.A. 9231 – 19 December 2003 (An Act Providing for the Elimination of the Worst Forms of Child Labor and Affording Stronger Protection for the working child 1987 Constitution R.A. 9255 of 2003 or An Act allowing illegitimate children to use the surname of their father, amending for the purpose Article 176 of E.O No. 209
  30. 30. Policy and LegislativeInitiatives (Recent Laws) R.A. 9262 or Anti-Violence Against Women and their children Act of 2004 R.A. 9288 of 2004 or An Act promulgating a Comprehensive Policy and a National System for Ensuring Newborn Screening R.A. 9344 or Juvenile Justice and Welfare Act of 2006 R.A. 10022 or Expanded Breastfeeding Promotion Act of 2009
  31. 31. Policy and LegislativeInitiatives (Recent Laws) R.A. 9523 of 2009 or An Act Requiring the Certification of the DSWD to declare a “Child legally available for Adoption” R.A. 9745 or Anti-Torture Act R.A. 9775, also known as the Anti-Child Pornography Act of 2009 R.A. 9858 of 2009 (Legitimization of Children Born to Underage Parents
  32. 32. Thank You. …Every Child is our Responsibility!

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