1. __________________________________________________________________________________________
Convention on the Rights of the Child
1
Convention on the
Rights of the Child (CRC)
Introduction
Existing and emerging threats to children's rights cannot be
separated from social welfare and development issues that face the
country today. Macrolevel phenomena such as the rapid advancement of
the internet and mobile technology, growth in the tourism industry,
massive labor migration, and poverty.
Subsistence incidence among families and among the population
decreased (2006-2009), from 8.7% to 7.9%, and from 11.7% to 10.8%
respectively. This means that out of 100 families, 8 families are considered
food poor. Also, out of 100 individuals, 11 are considered food poor. In the
same way, the magnitude of subsistence of the poor population decreased
from 9.9 million to 9.4 million. Among families, the magnitude of
subsistence poor also decreased from 1.51 million to 1.45 million. This is
despite the fact that monthly capita food threshold increased from P974 to
P1, 403.1
However, in terms of poverty incidence, there was a slight
increase from 26.4% to 26.5% for the same period. This results to an
increase of the poor population from 22.2 million to 23.1 million or by
4.4%. This may be due to higher poverty threshold for a family of five.
Generally, the average income of a poor Filipino needs to be increased by
P4, 328 to stay out of poverty.2
Six percent of the estimated 29 million children 5 to 17 years old
are working. Of the 12.0 million families with members aged 5-17 years
old, 11% or 1.3 million families were reported to have working children.
In the bottom 30% of the income strata, 18% of families with members 5-
17 years old had working children while the upper 70% of the income
strata only 8% of families reported to have working children.3
These macrolevel phenomena trends have resulted in
emerging threats to children's rights that require not just
interventions from the social welfare and development services alone, but
convergent action that involves government's various social protection
programs as well as the assistance from civil society and the private
sector.
The Philippines is a signatory to major international instruments
on children, namely:
1
2009 NSCB Poverty Statistics.
2
Ibid.
3
2010 Annual Poverty Incidence Statistics
2. __________________________________________________________________________________________
Convention on the Rights of the Child
2
(1) Convention on the Rights of the Child (CRC) ratified on July
26, 1990;
(2) Optional Protocol to the CRC on the Sale of Children,
Child Prostitution and Child Pornography ratified on April
23, 2002;
(3) Optional Protocol to the CRC on Children in Armed Conflict
Situations ratified on April 23, 2002;
(4) Protocol to the UN Convention against Transnational
Organized Crime to Prevent and Suppress Trafficking in
Persons, especially Women and Children ratified on May
28, 2002;
(5) ILO Convention Nos. 138 and 182 ratified on June 4, 1998
and November 28, 2000 respectively.
Relative to these international instruments, the Philippine
Congress passed various laws to promote children’s rights and welfare.
For its part, the national government has been developing programs,
projects and activities to address the needs of children. One of the
government’s efforts is the development of tools for targeting, data basing,
benefit incidence analysis and monitoring and evaluation, which could fill
in the gaps raised in the last Concluding Observations in the CRC.
Moreover, the 2nd Philippine Human Rights Plan (PHRP II) was
formulated through a series of consultation with government
agencies, non-government organizations and the private sector.
The Second National Plan of Action for Children (2nd NPAC) of the
Council for the Welfare of Children (CWC) will be the accompanying
document of the CRC Chapter of the PHRP II. It sets the agenda towards
the progressive realization of the rights of Filipino children and the
fulfillment of the commitment of the Philippine government to the United
Nations Convention on the Rights of the Child and the Millennium
Development Goals (MDGs). It is consistent with and builds on the child-
related goals, targets and strategies of the Philippine Development Plan
(PDP) 2011 –2016.
The inputs from the thematic clusters meeting served as bases
for the CRC Chapter of PHRP II. It covers four thematic objectives:
Thematic Objective 1: To advocate for the passage and
implementation of legislations on children’s protection and welfare;
Thematic Objective 2: To advocate for child-responsive
judicial measures;
Thematic Objective 3: To institute child-responsive
administrative and program measures;
Thematic Objective 4: To strengthen child-responsive
implementation mechanisms at the national and local levels.
4. __________________________________________________________________________________________
Convention on the Rights of the Child
4
SECTION 1
Strategic Treaty Indicators
Thematic Objective 1: To advocate for the passage and
implementation of legislations on children’s protection and
welfare.
Under this thematic objective, the indicators are:
(1) Congress filed and passed 75% of priority
legislative agenda and existing laws needing
revisions;
(2) 20% share in government expenditure for children
services.
For the 1st treaty indicator, the accountable parties are:
Congress, the CWC, and the Department of Social Welfare and
Development (DSWD).
For the 2nd treaty indicator, the accountable agencies are:
Congress, CWC, and DSWD.
Thematic Objective 2: To advocate for child-responsive judicial
measures.
Under this thematic objective, the indicators are:
(1) 100% of child cases submitted for decision resolved
within the prescribed period;
(2) Family courts established, and;
(3) Resolve inconsistency in the interpretation of RA
9344 and the 2009 Supreme Court Revised Rule on
Children in Conflict which also affects child
protection policy.
For the 1st treaty indicator, the Supreme Court (SC) together
with the Family Courts shall be held as accountable parties;
For the 2nd treaty indicator, the SC shall be held accountable for
the establishment/designation of the aforementioned family courts;
Finally, for the 3rd treaty indicator, the accountable agencies
are: Juvenile Justice and Welfare Council (JJWC) and the SC.
5. __________________________________________________________________________________________
Convention on the Rights of the Child
5
Thematic Objective 3: To institute child-responsive
administrative and program measures.
The indicator under this thematic objective is the
implementation of NPAC programs, which is expected to result to the
following:
(1) All LGUs implement intervention and diversion
programs for CICL;
(2) All children with disabilities have access to services
as stated in RA 9442/427/10070;
(3) Full implementation of IPRA Law and
establishment of monitoring mechanism for
ensuring IP children’s rights in their ancestral lands
and domains;
(4) Holistic approach ensured in handling issues of
adolescent health specifically of teen-age
pregnancy and discrimination arising from it;
(5) Capacity building of service providers sustained for
child protection programs and services.
For the 1st treaty indicator, the accountable agencies are:
JJWC, Department of the Interior and Local Government (DILG) and
Local Government Units (LGUs);
For the 2nd treaty indicator, identified as accountable
agencies are the following: DSWD and CWC;
For the 3rd treaty indicator, the National Commission on
Indigenous Peoples (NCIP), Department of Environment and Natural
Resources (DENR), DSWD, CWC, LGUs and concerned NGOs shall be
held accountable for the same;
For the 4th treaty indicator, the following agencies have been
identified as accountable parties: DSWD and CWC;
Finally, for the 5th treaty indicator, the following are the
accountable parties: DSWD and CWC.
Thematic Objective 4: To strengthen child-responsive
implementation and monitoring mechanisms at the national and
local levels leveraging the use of information and communications
technology (ICT).
The indicator under this thematic objective is the existence of
a set of regulations and standards, and a functional monitoring system
towards achieving:
(1) National and local standards and regulations
enforced for providers of children’s services;
(DSWD, CWC and DILG);
(2) Strengthened inter-agency body for children (DSWD
and CWC);
(3) Strengthened mechanism in monitoring and
7. __________________________________________________________________________________________
Convention on the Rights of the Child
7
SECTION 2
Thematic Baseline and Situationer
Thematic Objective 1
The United Nations Committee on the Rights of the Child (UN
CRC) noted in its concluding observations, a number of legislative
initiatives adopted by the Philippine government for the protection of
children. However, the UN CRC expressed concern over the need to
bring national legislation into full conformity and harmony with the
CRC. In response to the UN CRC’s recommendations, the CWC came up
with the following priority legislative agenda for children:
(1) strengthening of the CWC with an increased
budgetary allocation together with its member
agencies and structures to be able to enhance the
performance of its functions such as policy
development, coordination, resource mobilization
and will be the central agency for collection,
classification and distribution of information on
children;
(2) prohibition of corporal punishment;
(3) removal of the distinction/discrimination against
children born out of wedlock;
(4) strengthening of family and alternative parental care
arrangements through foster care;
(5) amending the law on statutory rape, and;
(6) protecting children in situations of armed conflict.
Other legislative concerns that need to be addressed are the
following:
(1) inconsistency in some of the provisions of the
following laws: Domestic Adoption Act (RA 8552),
Inter-Country Adoption Act of 1995 (RA 8043), An
Act Requiring Certification of the Department of
Social Welfare and development (DSWD) to Declare
a Child Legally Available for Adoption (RA 9523);
(2) overlapping legislation on child protection;
(3) domestic laws not harmonized with international
human rights instruments;
(4) lack of legislation for the protection of
undocumented Filipino children abroad.
Legislation takes into consideration environmental concerns
8. __________________________________________________________________________________________
Convention on the Rights of the Child
8
specifically on their impact on children such as climate change, air &
water pollution, and environmental degradation as well as their serious
consequences to children’s health and development. The effects of
climate change on children can be devastating because this can further
limit their access to clean water and food supply and they become more
vulnerable to sickness and diseases.
Thematic Objective 2
The Philippine Judicial Academy (PhilJa), which is the training
arm of the SC, has conducted various training programs for Family Court
judges and personnel. Also, as a component of the Expanded Justice on
Wheels (E-JOW) program of the Department of Justice (DOJ), a lecture
on VAWC for barangay personnel and officials has been conducted.
Other trainings administered for members of the judiciary include:
(1) competency enhancement training for judges and
court personnel handling cases involving children;
(2) lectures on the issue on trafficking of persons, as an
integral component of the ASEAN Regional
Trafficking of Persons Project;
(3) National Summit on Family Courts - Strengthening
the Multi-Sectoral Framework in the Protection of
Family, Women, and Children in response to the
necessity for collective action to increase access to
justice in family courts;
(4) training of Family Court judges, social workers, and
lawyers on the Convention on Civil Status of
International Child Abduction (ICA) law, the Hague
Convention, and the adoption/immigration laws of
receiving countries.
However, the continuous training for court judges and personnel
will always be a challenge to ensure that court procedures and handling of
cases are child rights sensitive. Among these challenges include the
participation of medical experts from the Department of Health (DOH) in
court hearings, increased capacity of DOH and local government unit
(LGU) hospitals with child protection services and functions, and
increased capacity of Public Attorney’s Office (PAO) lawyers in handling
family court cases.
At the local level, several trainings have been conducted for
different stakeholders, in cooperation with LGUs and international
development partners (i.e. AusAid, USAid, UNICEF) to capacitate workers
or individuals in handling cases involving children.
The SC has likewise promulgated the following child-sensitive
rules of procedure:
(1) Rule on the Examination of Child Witnesses,
which allows the use of “live-link” television
testimony of child witnesses;
9. __________________________________________________________________________________________
Convention on the Rights of the Child
9
(2) Rule on Voluntary and Involuntary
Commitment of Children;
(3) Rule on Adoption;
(4) Rule on Custody and Habeas Corpus;
(5) Rule on Anti-Violence Against Women and
Their Children, which provides for the
issuance of protection orders;
(6) Provisional Orders in Cases of Nullity or
Annulment of Marriage and Legal Separation,
and;
(7) Rule on Children Charged under the
Comprehensive Dangerous Drugs Law.
Relative to the foregoing, the SC likewise issued various
circulars and orders such as the use of child sensitive terminologies in
court proceedings; the use of child-sensitive measures in and out of the
courtroom; strict confidentiality of proceedings and case records;
sealing of court records upon termination of a case unless otherwise
ordered opened by the court; issuance by the courts of protection
orders for children who are primary or secondary victims of family
violence; and hold departure orders for children who are subject of
custody cases.4
The family court processes of domestic adoption by prospective
adoptive parents who are permanently residing abroad need to be
revisited. In practice, domestic adoption and immigration laws of the
country of the adoptive parents are not taken into consideration. Thus,
the child is not granted entry visa in the country of the adoptive parents
and hence could not join his/her adoptive family.
Existing gaps in the implementation of the Juvenile Justice
Welfare Act (JJWA) need to be addressed. Among them are as follows:
(1) weak coordination among the pillars in handling
cases; judicial procedures, starting from the
interview and investigation, up to the trial of cases
involving child victims, witnesses or accused,;
training of personnel and staff particularly of Family
Courts (SCPC, 2006, p. 38);
(2) lack of family courts and personnel (UN CRC
Concluding Observations 2009);
(3) lack of youth homes;
4
http://sc.judiciary.gov.ph/news/courtnews%20flash/2010/03/03121001.php accessed on 29 September 2011.
10. __________________________________________________________________________________________
Convention on the Rights of the Child
10
(4) non-compliance of some youth homes with the
standards required by DSWD;
(5) lack of jail facilities for children, resulting to
their continued commitment in regular jail
facilities for adults;
(6) condition of detained children in cramped jail
facilities of adults (UN CRC Concluding
Observations 2009);
(7) inconsistencies in the interpretation of the
Juvenile Justice Law (RA 9344) and the
Revised Rule on Children in Conflict with the
Law (A.M. No. 02-1-18-SC), viz:
i. Revised Rule on Children in Conflict
with the Law expressly states that a
child who has been charged with an
offense shall be committed in jail in the
absence of youth homes or
rehabilitation centers (Section 26),
while JJWA in clear terms prohibits the
court from ordering the detention of
children in jail pending the trial or
hearing of their cases (Section 36),
and;
ii. Revised Rule on Children in Conflict
with the Law allows a CICL to avail the
suspension of his/her sentence only
once in a lifetime. JJWA on one hand
allows the application of suspension of
sentence more than once.
Thematic Objective 3
Inter-Country Adoption
Administrative concerns in the implementation and monitoring
of inter-country adoption are as follows:
(1) absence of database of children leaving the
country in the guise of “pleasure or leisure
travel”;
(2) absence of a monitoring system for Filipino
children adopted abroad, without passing
through the adoption process under the Inter-
Country Adoption Board (ICAB);
11. __________________________________________________________________________________________
Convention on the Rights of the Child
11
(3) strengthen the collaboration and cooperation
of the government, and non-government
entities in monitoring the adoption of children
in the Philippines;
(4) institutionalize child protection groups in
barangay/community level to prevent
trafficking of children;
(5) lack of technical knowledge/competencies of
local stakeholders on procedures to prevent
abduction and trafficking of children;
(6) lack of strict implementation of rules and
regulations as to the issuance of travel
documents, clearances or permits for children
and/or minors unaccompanied by biological
parents;
(7) limited reach of existing programs on adoption
of children;
(8) lack of data specific to profile and conditions of
children;
(9) insufficient information
dissemination/awareness for existing
programs;
(10) insufficient funding support for the full
implementation of adoption
programs/systems;
(11) lack of sustained and systematic
documentation of trafficking cases involving
children, and;
(12) costly adoption proceedings leading to
simulation of births or fraudulent registration
of birth carried out by non-biological parents.
Children in conflict with the law (CICL)
Based on the Philippine National Police (PNP) report from 2002
to August 2011, theft comprised 44% of the total crimes reported to
them which were committed by children.
The commission of the said acts may be attributed to “survival
offending” i.e., committing a violation or offense as an act of survival.
In an effort to understand the situation of CICL, the Alampay
12. __________________________________________________________________________________________
Convention on the Rights of the Child
12
study (2005) identified the risk factors that contribute to the
delinquency of children:
(1) inadequate and hostile parenting practices;
(2) child maltreatment and abuse;
(3) family stressors such as poverty, unemployment
and marital conflict, and ;
(4) family structure and demographics.
The study further revealed that eighty eight percent (88%) of
CICL have experienced violence and abuse in the hands of their parents.
Other related issues involving CICL are:
(1) inadequate capacity of LGUs in handling CICL
cases;
(2) lack of monitoring of CICL intervention and
diversion programs;
(3) non-identification of crime
syndicates/groups using children in their
activities;
(4) inadequate number of youth homes/Bahay
Pag-Asa;
(5) non-functional structure/mechanism at the
local level to conduct diversion programs for
CICL;
(6) lack of monitoring of compliance of LGUs on
the establishment and implementation of a 3-
year local comprehensive juvenile
intervention program as required by JJWA;
(7) lack of qualitative monitoring of JJWA
compliance by LGUs, i.e., how the 1% Internal
Revenue Allotment (IRA) is utilized, whether
functionality of Local Council for the
Protection of Children (LCPC) translates to
protection of CICL and CAR, whether youth
homes are up to required standards, and
whether appointed local social welfare
officers are capacitated, trained and have the
necessary support in personnel and
resources.
To address these concerns, there is a need to
organize/strengthen LCPCs and to allocate 1% of IRA of barangays,
cities and municipalities for the strengthening of LCPCs &
implementation of LCPC programs consistent with Section 15 of the
Juvenile Justice Law (RA 9344).In relation to the foregoing, the DILG
should establish a system/tool for the monitoring of the 1% IRA
13. __________________________________________________________________________________________
Convention on the Rights of the Child
13
utilization.
Moreover, licensed social workers or licensed Local Social
Welfare and Development Officers (LSWDO) need to be appointed and
their offices strengthened, especially in provinces, cities, and
municipalities and a special training for Katarungang Pambarangay be
given to all concerned.
According to Section 49 of RA 9344 and Section 8 of the Family
Courts Act, LGUs are required to provide youth homes for CICLs. More
than that, there is a need to develop a 3-year comprehensive juvenile
intervention program at all LGU levels, including a comprehensive,
integrated, and accurate recording system for CICL (e.g. centralized
database system).
Adoption and implementation of local development and
investment plans for children should be able to address the perennial
problems of scarcity of resources in addressing children concerns.
Children with disabilities5
Malnutrition and unsanitary living conditions due to extreme
poverty are the most significant causes of disability, especially among
children. Prevalence of disability among children 0–14 years of age is
highest in urban slum communities and in rural areas where health
services are limited, if not inaccessible.
Another significant cause of disability is the failure of pregnant
women to go for prenatal check-ups because they lack knowledge of
their benefits and because most hospitals and health clinics are in cities
and municipal urban centers—which are inaccessible to the majority of
poor people living in rural areas. The practice of seeking the help of
“hilots” (traditional birth attendants) in delivering babies can also
sometimes cause deaths and disabilities among newborn babies.
There are very few schools in the Philippines that accept
children with disabilities because of lack of appropriate facilities and
Special Education (SPED) teachers. Thus, the inclusion of disabled
children in the present educational system continues to be an uphill
battle, with only 3–5% of children with disabilities, of school age, having
access to the same. Further, the lack of data on disability prevents the
DSWD and other concerned government agencies from knowing the
extent of inclusion of persons with disabilities (PWDs) in other
mainstream social services.
IP Children
The UN CRC noted with concern that most children of IPs have
the least access to basic social services as they are usually located in far-
flung areas. The UN CRC is also concerned as to the effects of economic
dislocation of IP children, forcing them to work in hazardous industries,
i.e. forestry and mining jobs. This is violative of the provision under the
1995 Mining Act which provides that no person below 16 years of age
shall be employed in any phase of mining operations and no person
under 18 years of age shall be employed underground in a mine. Finally,
5
Philippine Country Report: Disabled People and Development. July 2005. ADB
14. __________________________________________________________________________________________
Convention on the Rights of the Child
14
the UN CRC also noted with concern the country’s failure to address the
social and environmental impact of mining on children.
Teenage pregnancies
According to the 2008 National Demographic Health Survey,
26% of women aged 15- 24 years old have begun childbearing. It has
been observed that young women in rural areas are more likely to get
pregnant earlier compared to their counterparts in urban areas.
Similarly, young women who have not undergone formal schooling and
those in the poorer wealth quintiles are more likely to get pregnant
earlier compared to women who have been educated and those
belonging in wealthier households. Across regions, early childbearing is
highest in MIMAROPA (37%) and SOCCSKSARGEN (35%), and lowest in
NCR (18%).
Other Vulnerable Children
(1) Children brought by parents in rallies; and
(2) Child witnesses not protected from intimidation by
perpetrators.
Thematic Objective 4
The expansion of data collection system is needed for
disaggregation of data by region, gender and age. Further, information
on children in need of special protection shall be generated through the
system.
The government’s annual report on the state of Filipino children
must be widely disseminated. The same report shall be used as basis for
policy formulation and assessment of measures and programs relative
to the implementation of the CRC and its two Optional Protocols.
Towards improving the quality of services for children, the
DSWD as part of its regulatory function, is responsible for
registering, licensing and accrediting social welfare and
development agencies. For 2011, there are 177 social welfare and
development agencies (SWDAs) registered, registered and licensed 254
SWAs, accredited 96 programs and services of SWAs.
The UN CRC notes that the CWC is the focal inter–agency body
for children in the Philippines, mandated to coordinate the
implementation and enforcement of all laws, policies, programs and
measures for children. It recognizes the Philippine government’s
initiative to localize the implementation of these policies and measures
through the establishment of LCPCs at the barangay, municipal, city and
provincial levels, as well as 17 Regional Committees/Sub–committees
for the Welfare of Children (RC/SCWCs). However, the UN CRC
expresses its concern at the lack of human and financial resources
allocated to the CWC, LCPCs and RSCWCs which may prevent the
effective functioning of such mechanisms.
The UN CRC urges the Philippines to continue and strengthen its
measures to improve the coherence of efforts for the protection of
children, especially the effective coordination between existing bodies,
namely the CWC and the PHRC, taking into account their specific status
and competencies. The UN CRC recommends strengthening the authority
15. __________________________________________________________________________________________
Convention on the Rights of the Child
15
of the CWC as the main coordination body for children and ensuring the
allocation of adequate human, financial and technical resources for the
CWC in particular as well as the LCPCs and the RC/SCWCs to ensure the
effective functioning of such mechanisms.
The ICAB needs adequate and competent staff in order to
efficiently and effectively deliver its new role as the Philippines’ Central
Authority on the Convention on the Civil Aspects of International Child
Abduction.
The JJWC as the agency mandated to ensure the effective
implementation of RA 9344, an increase in its annual budget is needed.
Such budget increase should include the provision of capital outlay and
personal services. Also, it is envisioned that the JJWC shall have its
regional counterparts.
The DOLE, as lead government agency of the Philippine Program
Against Child Labor, implements the Sagip Batang Mangaggawa (SBM).
The SBM is an inter-agency quick action mechanism for detecting,
monitoring and rescuing child laborers in hazardous and exploitative
working conditions. From 1993 to 2011, a total of 3,047 child labor
victims have been rescued through the SBM. Localization of the SBM and
strengthening of existing ones should be pursued.
For enhanced efficiency of health workers and increased
coverage and utilization of health services for pregnant women and her
child, the DOH initiated the implementation of a maternal and neonatal
health tracking system called Watching Over Mothers and Babies
(WOMB). WOMB is an information and communication technology-
enabled system that will support the enrolment of expectant mothers
and neonates, schedule and record the provided or availed maternal and
child health care services, and monitor their progress.
The Philippine MoVE-IT project is spearheaded by the National
Statistics Office (NSO), in coordination with the DOH, funded by the
World Health Organization (WHO). It provides a unique venue for
closer communication and collaboration between the DOH and the NSO
at the national and local levels to improve and evaluate the quality and
timeliness of statistics and its use for appropriate public health action.
16. __________________________________________________________________________________________
Convention on the Rights of the Child
16
Table 5.1. Situation Matrix
Human Rights Issue Duty Bearer Claimholder
Inadequate protection of
children
against all forms of
discrimination, exploitation
and abuse
Legislature and all line
agencies
Children at risk
Need to address risk
factors contributing to
delinquency
LGUs, DepEd, NDCC, DSWD, NGOs
and other line agencies
All children
Need for better monitoring
of programs and services
for children
CWC, NGOs and all line agencies All children
Inadequate access to
information, education,
and health especially for
children with disabilities
All line agencies and NGOs All children
Slow prosecution of child
abuse cases and reports of
intimidation by
perpetrators
All government agencies specially
the pillars of the justice system
(Court, prosecution, PAO, law
enforcers, community)
All children
Lack of sensitivity in
handling cases involving
children
All government agencies specially
the pillars of the justice system
(Court, prosecution, PAO, law
enforcers, community)
All children
Need for a more protective
and caring environment for
children
LGUs, all line agencies Children at risk
18. __________________________________________________________________________________________
Convention on the Rights of the Child
18
SECTION 3
Thematic Performance Targets
Thematic Objective 1: To advocate for the passage and
implementation of legislations on children’s protection and
welfare.
In the medium term, 75% of priority legislations promoting
and protecting the welfare of children should have been passed and
implemented.
The annual targets shall be the following:
2012 - Lobby the passage of bills that promote and protect
the rights of the children;
2013 - Mechanisms to monitor the implementation of laws
protecting the rights of children developed and
functional;
- 10% of priority legislations promoting and
protecting the welfare of children should have been
passed and implemented;
2014- Functional database disaggregated by sex, age,
regional ethnicity;
- 20% of priority legislations promoting and
protecting the welfare of children should have been
passed and implemented;
2015- 30% of priority legislations promoting and
protecting the welfare of children should have been
passed and implemented;
2016- 50% of priority legislations promoting and
protecting the welfare of children should have been
passed and implemented.
Thematic Objective 2: To advocate for child-responsive judicial
measures
To ensure that cases involving children are resolved in
accordance with the rights-based framework, the following targets are
set forth:
In the medium term, 100% of the total number of single sala
court judges and court personnel are trained on Capacity Enhancement
Trainings (CET)/ PhilJa programs on children.
Annual targets:
2012- 20% of total number of single sala court judges and
court personnel are trained on CET/ PhilJa
programs on children;
2013- 40% of total number of single sala court judges and
court personnel are trained on CET/ PhilJa
programs on children;
2014- 60% of the total number of single sala court judges
and court personnel are trained on CET/ PhilJa
19. __________________________________________________________________________________________
Convention on the Rights of the Child
19
programs on children.
2015- 80% of the total number of single sala court judges
and court personnel are trained on CET/ PhilJa
programs on children.
2016- 100% of the total number of single sala court judges
and court personnel are trained on CET/ PhilJa
programs on children.
Thematic Objective 3: To institute child-responsive administrative
and program measures.
The National Plan of Action for Children (NPAC) will serve as an
accompanying document of the CRC – PHRP II.
The NPAC focuses on catching up with the Millennium
Development Goals (MDGs) in 2015, child protection and participation
through programs and measures addressing the needs of children.
Relative to the foregoing, the following shall be the targets, in the
medium term, 50% of the target programs identified in the NPAC, shall
be implemented.
Annual Targets:
2012- Design and development of a monitoring tool for all
NPAC programs;
- 10% of the total number of NPAC programs
implemented and monitored;
- 10% increase in budgetary allocation for the effective
implementation of NPAC programs;
2013 - Functional monitoring tool for NPAC programs;
- 20% of the total number of NPAC programs
implemented and monitored;
2014 - Mid-term assessment of NPAC;
40% of the total number of NPAC programs
implemented and monitored;
2015 60% of the total number of NPAC programs
implemented and monitored;
2016 80% of the total number of NPAC programs
implemented and monitored.
Thematic Objective 4: To strengthen child-responsive
implementation and monitoring mechanisms at the national and
local levels leveraging the use of information and communications
technology (ICT)
In order to realize the foregoing thematic objective, the
following targets are hereby set forth:
In the medium term, a functional monitoring system for
children’s programs should be established, through the Benefit
20. __________________________________________________________________________________________
Convention on the Rights of the Child
20
Incidence Analysis (BIA) and a set of regulations and standards for
the effective implementation of children’s programs adopted and
enforced.
Annual targets:
2012- Database system children programs, disaggregated
by sex, age, regional ethnicity, developed and
functional;
2013- Conduct of study on existing legislation, policies,
rules and regulations on child protection.
2014- 20% of Social Welfare and Development Agencies
(SWDAs) compliant with regulations and standards
on children’s programs.
2015- 40% of SWDAs compliant with regulations and
standards on children’s programs.
2016- 60% of SWDAs compliant with regulations and
standards on children’s programs.
22. __________________________________________________________________________________________
Convention on the Rights of the Child
22
Table 5.2. Performance Targets
Thematic Objective Medium Targets Annual Targets
To advocate for the passage and
implementation of legislations
on children’s protection and
welfare.
75% of priority legislations promoting
and protecting the welfare of children
should have been passed and
implemented.
2012 - Lobby the passage of bills
that promote and
protect the rights of the
children;
2013 - Mechanisms to monitor the
implementation of laws
protecting the rights of
children developed and
functional;
- 10% of priority legislations
promoting and protecting
the welfare of children
should have been passed
and implemented;
2014- Functional database
disaggregated by sex, age,
regional ethnicity;
- 20% of priority legislations
promoting and
23. __________________________________________________________________________________________
Convention on the Rights of the Child
23
protecting the welfare of
children should have
been passed and
implemented;
2015- 30% of priority legislations
promoting and protecting
the welfare of children
should have been passed
and implemented;
2016- 50% of priority legislations
promoting and protecting
the welfare of children
should have been passed
and implemented.
To advocate for child-
responsive judicial measures.
100% of single sala court judges and
court personnel are trained on CET/
PHILJA programs on children.
2012- 20% of total number of
single sala court judges and
court personnel are trained
on 2013 – 40% of total
number of single sala court
judges and court personnel
are trained on CET/ PHILJA
programs on children;
2014- 60% of the total number of
single sala court judges and
court personnel are trained
on CET/ PHILJA programs
on children.
24. __________________________________________________________________________________________
Convention on the Rights of the Child
24
2015- 80% of the total number of
single sala court judges and
court personnel are trained
on CET/ PHILJA programs
on children;
2016- 100% of the total number of
single sala court judges and
court personnel are trained
on CET/ PHILJA programs
on children.
To institute child-responsive
administrative and program
measures.
80% of the total number of NPAC
programs implemented and monitored.
2012 - Design and development of
a monitoring tool for all
NPAC programs;
- 10% of the total number of
NPAC programs
implemented and
monitored;
- 10% increase in budgetary
allocation for the effective
implementation of NPAC
programs;
2013 - Functional monitoring tool
for NPAC programs;
25. __________________________________________________________________________________________
Convention on the Rights of the Child
25
- 20% of the total number of
NPAC programs
implemented and
monitored;
2014 - Mid-term assessment of
NPAC;
- 40% of the total number of
NPAC programs
implemented and
monitored;
2015- 60% of the total number of
NPAC programs
implemented and
monitored;
2016- 80% of the total number of
NPAC programs
implemented and
monitored.
To strengthen child-responsive
implementation mechanisms at
the national and local levels.
A functional monitoring system for
children’s programs should be
established, through the Benefit
Incidence Analysis (BIA) and a set of
regulations and standards for the
effective implementation of children’s
programs adopted and enforced.
2012 - Database system children
programs, disaggregated
by sex, age, regional
ethnicity, developed and
functional;
26. __________________________________________________________________________________________
Convention on the Rights of the Child
26
2013 - Conduct of study on
existing legislation,
policies, rules and
regulations on child
protection;
2014- 70% of SWDAs compliant
with regulations and
standards on children’s
programs;
2015 - 75% of SWDAs compliant
with regulations and
standards on children’s
programs;
2016 - 80% of SWDAs compliant
with regulations and
standards on children’s
programs.
27. __________________________________________________________________________________________
Convention on the Rights of the Child
27
SECTION 4
Program of Action
The program of action of CRC chapter of PHRP II is directed at
achieving structural reforms, effective implementation of programs,
measures, and mechanisms that would enhance State responsibility in
the following areas:
Legislative framework
Consistent with the provisions of international human rights
instruments, policies shall be developed and domestic laws shall be
enacted to address all forms of violence and abuse against children.
Institutional framework
Relative to the protection and promotion of children’s rights, all
concerned government institutions shall be enjoined to design &
develop programs/projects, formulate policies, and
legislative/administrative measures in consonance with the CRC. To
ensure the effective implementation of the foregoing, monitoring
mechanisms shall be put in place.
Engagement of civil society
The involvement of NGOs and CSOs in the protection of
children’s rights has helped in the passage of laws for the protection of
children’s rights, conduct of advocacy programs to increase awareness
on the aforementioned rights, conduct of resource-generating activities,
and implemented various preventive, rehabilitative, and
reintegration services for child protection.
Engagement of children and families as the primary
claimholders
The legitimate participation of children and young people in
decisions that affect them is significant. Children undertake
countless advocacy activities which, on the whole, promote their
rights. Regular consultations among children are conducted to draw
out their opinions and recommendations on how the State is
complying with the provisions of the CRC.
Opportunities for children to participate are confined to areas
where large-scale NGOs operate extensively or where networks of
NGOs are active. Certain mechanisms are in place that could
provide the same impetus and opportunities like the LCPC.
Unfortunately, the functionality of such bodies is yet to be enhanced
or even activated in many areas.
28. __________________________________________________________________________________________
Convention on the Rights of the Child
28
Database management
An information system for child policies, interventions, and
services is necessary for planning, monitoring and evaluation, and
knowledge management, which would help respond to the gaps
better. Researches are mostly focused on various types of child
labor, their involvement in the sex and drug trade, and the conditions
of children in conflict with the law as well as sexually abused children,
and child-victims of trafficking.
The Macro Monitoring System - the Subaybay Bata
Monitoring System -- generates information on the status of the
implementation of the CRC. The report discusses the monitoring
frameworks and design principles and translations of the CRC rights
into the monitoring indicators.
It is necessary to develop and implement an efficient
monitoring system that would track policies, programs and results.
The results will provide the necessary data/information for the
adoption of more responsive policies and programs.
Advocacy and capacity building
A series of advocacy activities should be conducted on both
national and local levels to promote various legislations on children in
need of special protection, encourage an enabling environment for the
protection of children and young people, and increase the capacity of the
government and communities to respond.
29. __________________________________________________________________________________________
Convention on the Rights of the Child
29
Table 5.3 Programs, Projects and Activities
Performance Targets Programs,
Projects and
Activities
Coverage Responsible
Stakeholders
Target
Dates
Expected Output
Medium Annual Duty
Bearers
Claimholders
75% of
priority
legislations
promoting
and
protecting
the welfare
of children
should
have been
passed and
implement
ed
2012- Lobby the passage
of bills that promote and
protect the rights of the
children;
2013 - Mechanisms to
monitor the implementation
of laws protecting the rights of
children developed and
functional;
- 10% of priority
legislations promoting and
protecting the welfare of
children should have been
passed and implemented
2014- Functional database
disaggregated by sex, age,
regional ethnicity;
- 20% of priority
legislations promoting and
Continuous
conduct of
information
dissemination
campaign on
existing laws
and policies on
children (e.g. RA
9858 or An Act
Providing For
The Legitimation
Of Children Born
To Parents
Below Marrying
Age and its IRR,
and related
circulars Issued
and RA 9523 or
An Act Requiring
Certification of
the Department
of Social Welfare
and Development
National Congress,
CWC,
DSWD,D
OH, DBM,
DepEd,
PCW,
PNP, NBI,
DOJ,
Supreme
Court,
DILG,
NCIP,
DOLE,
AFP,
DND,
NSO
Children 1st – 4th Q,
2012
Priority
legislative
agenda
presented and
submitted to
the Congress
and Senate
Committee on
Children
Services
30. __________________________________________________________________________________________
Convention on the Rights of the Child
30
Performance Targets Programs,
Projects and
Activities
Coverage Responsible
Stakeholders
Target
Dates
Expected Output
Medium Annual Duty
Bearers
Claimholders
protecting the welfare of
children should have
been passed and
implemented;
2015- 30% of priority
legislations promoting and
protecting the welfare of
children should have been
passed and implemented;
2016- 50% of priority
legislations promoting and
protecting the welfare of
children should have been
passed and implemented.
(DSWD) to
Declare A "Child
Legally Free for
Adoption”
Creation and
establishment of
multi-sectoral
Technical
Working Group
to review and
reform existing
child protection
laws and
determining
gaps based on
international
standards and
the UNCRC.
Intensive
lobbying and
advocacy in the
House and
Senate for the
passage of
legislative
2nd Q, 2012
1st – 4th Q,
2012
Existing laws
requiring
revisions
identified and
amended
provisions in
the identified
laws.
Codification of
Laws on
Adoption
Passage of Law
on
Undocumented
Filipino
Children
Abroad
32. __________________________________________________________________________________________
Convention on the Rights of the Child
32
Performance Targets Programs,
Projects and
Activities
Coverage Responsible
Stakeholders
Target
Dates
Expected Output
Medium Annual Duty
Bearers
Claimholders
To
strengthen
child-
responsive
implementati
on
mechanisms
at the
national and
local levels
2012 - Database system
children programs,
disaggregated by sex, age,
regional ethnicity, developed
and functional
2013 - Conduct of study on
existing legislation, policies,
rules and regulations on child
protection
2014- 70% of SWDAs
compliant with regulations
and standards on children’s
programs
2015 - 75% of SWDAs
compliant with regulations
and standards on children’s
programs
2016 - 80% of SWDAs
compliant with regulations
and standards on children’s
programs
Identification
of new
monitoring
indicators for
Children in Need
of Special
Protection
Conduct of
regular technical
working group
meetings for
monitoring
National NCC,
SWD,
CWC,
NSO,
NSCB,
EDA,
DILG,
LGUs,
PNP, DOJ,
NBI, DFA,
DOLE, BI,
NCIP,
JMP,
DOH,
AFP,
Courts,
DepEd,
Inter-
agency
councils
on
children ,
OPAPP,
CFO, CHR
Children 1st – 2nd Q,
2012
Improved
database
Compliance
reports of
agencies and
LGUs
33. __________________________________________________________________________________________
Convention on the Rights of the Child
33
Section 5
Linkages with Other Development Initiatives
and Plans
There are five (5) national plans or frameworks that guide the
various programs and projects for the protection of children:
(1) Philippine National Strategic Framework for
Plan Development for Children (Child 21) - is a
strategic framework for planning programs and
interventions that promote and safeguard the rights
of the Filipino children. It builds upon the gains of
The Philippine Plan of Action for Children (PPAC) in
the 1990s. It calls for decisive and urgent actions set
forth in the Bangkok Declaration and Action Agenda
of November 12 -14, 1998. Child 21 paints in broad
strokes a vision for the quality of life of Filipino
Children in the 21st Century and a road map to
achieve the vision;
(2) National Plan of Action for Children (NPAC) –
translates the vision of Child 21 into a clear,
actionable, and time-bound plan within a timeframe
of every five years. The 1st NPAC (2005- 2010)
ensures the consistency and alignment of national
efforts with international commitments like the
Millennium Development Goals (MDGs) and the
World Fit for Children Goals. The 2nd NPAC (2011 –
2016) focuses on catching up with the MDGs, child
protection, and child participation;
(3) Comprehensive Program Framework for
Children involved in Armed Conflict - developed
to effectively address the problems affecting
children in armed conflict and to promote children
as zones of peace. It was adopted in November 26,
2001 through Executive Order 56 which resulted to
the creation of Interagency Committee on Children
Involved in Armed Conflict (IAC-CIAC);
(4) Framework of Action Against the Commercial
Sexual Exploitation of Children, sets out broad
program objectives and strategic actions that will
serve as guide to the various stakeholders in
promoting child rights and preventing
commercial sexual exploitation of children;
(5) Comprehensive Program for Child Protection
(CPCP), which aims to build a protective and caring
34. __________________________________________________________________________________________
Convention on the Rights of the Child
34
environment for Filipino children. Environment for
Filipino children who are at risk, disadvantaged and
vulnerable to abuse, neglect, exploitation and violence;
(6) National Strategic Framework for Action to End
Violation Against Children (VAC) is meant to guide
the development and implementation of appropriate
and effective legislative, policy and programmatic
initiatives towards the elimination of all forms of
violence against children in the Philippines. It
primarily aims to protect all children, especially those
at risk from violence, ensure recovery, and
reintegration of victim-survivors to their families,
communities and facilitate rehabilitation of
perpetrators of violence;
(7) Philippine Program Against Child Labor Strategic
Framework, 2007-2015 which represents the ideas
and goals of social partners committed to the
movement against child labor.
The programs, projects and activities (PAPs) identified by the
members of the cluster members of the CRC will fill-in the gaps of the
plan of activities not covered by the national government prior to
the development of the PHRP II.
All the thematic objectives and activities are anchored on the
MDGs, PDP, NPAC, Comprehensive Program for Child Protection, and
Child 21.
For the cross-cutting issues in some thematic objectives, they
are anchored on the Philippine Plan for Gender-Responsive
Development (1995-2025), BIWAKO, National Action Plan on Women
Peace and Security (2010-2016) and other related comprehensive
development plans.
35. __________________________________________________________________________________________
Convention on the Rights of the Child
35
SECTION 6
Human Rights Capacity Building Plan
In assessing the human rights capacity building plan, only the
members of CWC are capacitated with the provisions of the CRC. The
counterparts of the CWC, particularly the DSWD, children sectoral
monitors are not well versed with the provisions of the CRC on
account of fast turnover of personnel, especially in the DSWD
regional offices.
Human Rights Education and Training Plan
During the 1st Quarter of every year of implementation of the
plan, members of the thematic cluster shall prepare their Work and
Financial Plan which should be consistent with the provisions of the
CRC.
For 2012, focus shall be made in the reorientation, capacity
building and technical assistance of all children sectoral monitors
both from the national and regional level of the DSWD and CWC. The
children sectoral monitors at all levels will develop their balanced
scorecards that will facilitate aligning available resources as well as
supporting the PHRP II. The members of the thematic cluster will
have workshop activity of the thematic objectives targets vis-à-vis
accomplishments every last quarter of every year.
37. __________________________________________________________________________________________
Convention on the Rights of the Child
37
Table 5.4. Human Rights Capacity Building Plan
Thematic
Objective
Education
and Training
Activities
Coverage Target Participants Responsible
Parties
Expected Outputs
Duty Bearers Claim Holders
All Familiarization
of CRC and HR
Agenda
National
Regional
DSWD and CWC Youth
Organizations
Children
beneficiaries
CHRP
Lead Agencies
All duty bearers
and claim holders
familiar with CRC
and HR Agenda
Strategic
mapping and
performance
assessment
(Balanced
Scorecard)
National
Regional
CRC Thematic Cluster
Members
Strategy Map and
Scorecard
Developed
39. __________________________________________________________________________________________
Convention on the Rights of the Child
39
SECTION 7
Coordination and Management Plan
The CRC-PHRP II Thematic Cluster Members will meet
quarterly; the reference period will be every 15th day of the
succeeding month after the reference quarter.
The following graph shows the flow of reporting system of
the CRC-PHRP II Thematic Cluster:
Figure 5.1. Reporting Flow
41. __________________________________________________________________________________________
Convention on the Rights of the Child
41
SECTION 8
Resource Generation and Mobilization
Plan
The resources required for the implementation of the CRC
Chapter of the PHRP II roughly amounts to P5 Million to P7 million
per year.
In order to track resources delivery and to make reporting of
PAPs easier for line agencies, the system to monitor utilization of the
resources will be patterned after the “Annual GAD Plan and Budget
Instructions (BP 600)” to be monitored by the Philippine Commission
for Women (PCW) or the “Agency Performance Matrix” of the
Department of Budget and Management (DBM).
42. __________________________________________________________________________________________
Convention on the Rights of the Child
42
Table 5.6. Resource Mobilization Plan
Program/ Activity/Project Resource Mobilization Plan
Regular Government
Budget
Other
Sources
Total Budget
Preliminary consultations and cluster meetings 1
0
,
0
0
0
.
0
0
0
.
0
0
10,000.00
Conduct of national and local consultations with
duty-bearers and claimholders
Conduct of Trainors' Training on HRBA and CRC
for both duty-bearers and claimholders
2
0
,
0
0
0
.
0
0
3
5
0
,
0
0
0
.
0
0
0
.
0
0
2
5
0
,
0
0
0
.
0
0
20,000.00
600,000.00
43. __________________________________________________________________________________________
Convention on the Rights of the Child
43
Program/ Activity/Project Resource Mobilization Plan
Regular Government
Budget
Other
Sources
Total Budget
Conduct of studies in support of proposed
legislations
Conduct of targeted programs, projects and
activities
Conduct of treaty monitoring and report
preparation
Conduct of information dissemination programs
Conduct of workshops, symposia, public hearings,
etc.
Conduct of national and local trainings/
HR Technical Assistance and support to various
programs, projects implementing mechanism
2
0
0
,
0
0
0
.
0
0
1
1
,
3
5
0
,
0
0
0
.
0
0
5
0
,
0
0
0
.
0
0
1
0
0
,
0
0
0
.
0
0
5
0
,
0
0
0
.
0
0
1
5
0
2
5
0
,
0
0
0
.
0
0
7
5
0
,
0
0
0
.
0
0
1
0
,
0
5
0
,
0
0
0
.
0
0
2
0
0
,
0
0
0
.
0
0
6
0
0
,
0
0
0
.
0
0
3
450,000.00
12,100,000.00
10,100,000.00
300,000.00
650,000.00
450,000.00
45. __________________________________________________________________________________________
Convention on the Rights of the Child
45
Program/ Activity/Project Resource Mobilization Plan
Regular Government
Budget
Other
Sources
Total Budget
Conduct of monitoring and evaluation of PPAs 2
0
,
0
0
0
.
0
0
1
,
5
0
0
,
0
0
0
.
0
0
1,520,000.00
Conduct of mid and post review of PHRP-CRC
Chapter
2
0
,
0
0
0
.
0
0
1
,
5
0
0
,
0
0
0
.
0
0
1,520,000.00
1
2
,
3
2
0
,
0
0
0
.
0
0
1
5
,
4
0
0
,
0
0
0
.
0
0
27,720,000.00
TOTAL PROPOSED BUDGET P 27,720,000.00
46. __________________________________________________________________________________________
Convention on the Rights of the Child
46
SECTION 9
Monitoring and Evaluation Plan
All members of the CRC-Thematic Cluster will submit annual plans
and semestral accomplishment reports to the PHRP II Secretariat
every 10th day of the succeeding month after the reference semester.
The PHRP II Secretariat will monitor progress of the
implementation of the thematic plans based on the consolidated
reports from the accomplishment reports of the cluster members. The
said plan will be submitted to the Undersecretary of Department of
Social Welfare and Development (DSWD) for policy and programs
cluster and to the Executive Director of the Council for the Welfare of
Children (CWC) for their policy decisions regarding the plan.
The CRC-PHRP II Secretariat will present the consolidated
report to the cluster members every quarter.