Ugnayang Bayan 2015 - Convention on the Rights of Child (CRC)
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This document summarizes accomplishments under the four thematic objectives of the CRC Thematic Chapter in the Philippines from 2010-2015. Key accomplishments include: 1) Passage of 9 laws promoting children's rights and 75% implementation of priority legislative agenda. 2) Training of over 450 judges and court personnel on children's issues. Consistency achieved in interpreting laws related to children in conflict with the law. 3) Over 97.5% implementation of programs to support children with disabilities, adolescents, and those in conflict with the law. 4) Establishment of monitoring systems and databases. Inter-agency coordination strengthened through councils and committees.
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Ugnayang Bayan 2015 - Convention on the Rights of Child (CRC)
- 2. Background CRC is the first international treaty that is almost universally accepted. The Philippines ratified the CRC on August 21, 1990 31st country to ratify Administrative Order 163 s. 2006 – Specified the lead agencies and working group per international treaty • DSWD was identified as the lead agency for the CRC
- 3. CRC Thematic Chapter Four Thematic Objectives
- 4. Thematic Objective 1: To advocate for the passage and implementation of legislations on children’s protection and welfare • Target: – 75% of priority legislations promoting and protecting the welfare of children should have been passed and implemented • Indicators: – Congress filed and passes 75% of priority legislative agenda and existing laws needing revisions – 20% share in government expenditure for children services
- 5. Thematic Objective 2: To advocate for child-responsive judicial measures Target 100% of the total number of single sala court judges and court personnel are trained on Capacity Enhancement Trainings (CET)/PhilJa programs on children Indicators 100% of child cases submitted for decision resolved within the prescribed period; Family courts established, and; Resolve inconsistency in the interpretation of RA 9344 and the 2009 Supreme Court Revised Rule on Children in Conflict which also affects child
- 6. Thematic Objective 3: To institute child-responsive administrative and program measures Target: 50% of the target programs identified in the NPAC shall be implemented Indicators All LGUs implement intervention and diversion programs for CICL; All children with disabilities have access to services as stated in RA 9442/427/10070
- 7. Thematic Objective 3: To institute child-responsive administrative and program measures Indicators Full implementation of IPRA Law and establishment of monitoring mechanism for ensuring IP children’s rights in their ancestral lands and domains Holistic approach ensured in handling issues of adolescent health specifically of teen-age pregnancy and discrimination arising from it Capacity building of service providers sustained for child protection programs and services
- 8. Thematic Objective 4: To strengthen child responsive implementation and monitoring mechanism at the national and local levels leveraging the use of information and communications technology (ICT)
- 9. Target Establish a functional monitoring system for children’s program A set of regulations and standards for effective implementation of children’s program adopted and enforced Indicators National and local standards and regulations enforced for providers of children’s services; (DSWD, CWC and DILG); Strengthened inter-agency body for children (DSWD and CWC); Strengthened mechanism in monitoring and addressing child labor cases, incidence and issues. (DOLE, NSO, DepEd, PNP, DSWD, NBI and DILG).
- 10. Report Preparation Process Request received from PHRC to prepare the accomplishment report for the CRC thematic chapter of the PHRP Consultation-workshop with government agencies Submission of inputs Report writing NGO consultation
- 11. Accomplishment Thematic Objective 1: To advocate for the passage and implementation of legislations on children’s protection and welfare
- 12. Out of the six priority legislative agenda for children – 1 was passed into law = RA 10165 – Foster Care Law 1 executive order was issued = EO 138 Adopting the Comprehensive Program Framework for Children in Situations of Armed Conflict and Strengthening CWC bills are pending for prohibition of corporal punishment, protecting children in situations of armed conflict, amendment to the law on statutory rape 75% of priority legislations promoting and protecting the welfare of children should have been passed and implemented
- 13. – 9 laws on children were passed during the period 2012 to 2015 RA 10157 – Mandatory Kindergarten Education (January 2012) RA 10165 – Foster Care Act (June 2012) RA 10364 – Expanded Anti-Trafficking Act (February 2013) RA 10410 – Early Years Act (March 2013) RA 10533 – Enhanced Basic Education Act (May 2013) RA 10627 – Anti-Bullying Act (September 2013) RA 10630 – Strengthening Juvenile Justice and Welfare Law (October 2013) RA 10661 – Declaring November as the National Children’s Month (May 2015) RA 10665 – Open High School (July 2015)
- 14. Challenges Differing priorities of both houses of Congress Difficulty in scheduling of Committee hearings Budgetary implications of the proposed bill Possibility of not mustering quorum especially with the forthcoming election
- 15. In the last 5 years (2010-2014) government expenditure for children focused and related programs increased at an average of 15.5% per annum Total general government spending on children was Php 341.4 B in 2012 or 3.2 % of GDP Expenditure for children increased by 18% Government allocations: DepEd DSWD DOH 20% share in government expenditure for children services
- 16. In (‘000) 2010 2011 2012 2013 2014 Total expenditure for children (in current prices) 189,491,301 242,832,618 271,863,607 314,282,436 432,562,882 Total expenditure for children (in constant 2010 prices) 189,491,304 232,048,615 251,802,956 282,619,653 378,531,789 Percentage increase (current) 22% 11% 13% 27% Percentage increase (constant) 18% 8% 11% 25%
- 17. Thematic Objective 2: To advocate for child- responsive judicial measures
- 18. Capacity Enhancement Trainings conducted 2013 – 2015 = > 120 court judges, including single sala and court personnel handling cases of trafficking in persons 2012 – 2014 = 11 CET conducted for more than 450 court judges including single sala and court personnel handling cases involving children 100% of the total number of single sala court judges and court personnel are trained on Capacity Enhancement Trainings (CET)/PhilJa programs on children
- 19. Capacity Enhancement Trainings conducted Prosecutors, Public Attorney’ Office (PAO), Philippine National Police and executive judges trained on the following: Protocol on Case Management of Child Victim of Abuse, Neglect and Exploitation Cybercrime for Prosecutors Online child abuse Investigation and case build-up Gender sensitivity Anti trafficking Advocacy, effective communication
- 20. Resolve inconsistency in the interpretation of RA 9344 and the 2009 Supreme Court Revised Rule on Children in Conflict with the Law which also affects child protection policy No more inconsistency in interpretation of the JJ Law (RA 9344) and the Revised Rule on Children in Conflict with the Law (AM No. 02- 1-18 SC) as the Supreme Court now applies RA 9344 and in its IRR in resolving cases involving CICL.
- 21. Thematic Objective 3: To institute child-responsive administrative and program measures
- 22. 50% of the target programs identified in the NPAC shall be implemented 80 sector/agency programmes/projects identified 97.5 % implemented
- 23. All LGUs implement intervention and diversion programs for CICL Bahay Pag-Asa and regional rehabilitation centers for Youth Local Juvenile Intervention Programme Issuance of guidelines defining the handling and management of CICL from the PNP, DepEd and AFP
- 24. CWDs/PWDs have guaranteed entitlements – 20% discount Preventive program through the New Born Screening and New Born Hearing Screening Provision of assistive devices, referral for medical interventions, provision of counselling services Community-based rehabilitation program Educational programs All children with disabilities have access to services as stated in RA 9442/427/10070
- 25. Holistic approach ensured in handling issues of adolescent health specifically of teen-agers Comprehensive sexuality education program included in the school curriculum Youth friendly centers
- 26. Capacity building of service providers sustained for child protection programs and services Agencies conduct continuous capacity building for their service providers – DSWD DepEd JJWC AFP ICAB NNC DOLE/OWWA DOJ/IACAT
- 27. Thematic Objective 4: To strengthen child responsive implementation and monitoring mechanism at the national and local levels leveraging the use of information and communications technology (ICT)
- 28. Establish a functional monitoring system for children’s program A set of regulations and standards for effective implementation of children’s program adopted and enforced PSA = generate poverty statistics including incidence of child poverty DSWD = social welfare statistics/Pantawid RBME NDRRMC = data on casualties and affected population per disaster, though not disaggregated OPAPP = data on children in armed conflict DOLE = Statistical Performance Rating System
- 29. National and local standards and regulations enforced for providers of children’s services; (DSWD, CWC and DILG) DILG = indicators for functionality of LCPCs/BCPCs = Mandatory audit on Child Friendly Local Governance PAO = internal rules and memoranda for the assistance of CICL, victims of violence and other incidents involving children BJMP = guidelines in reception, handling and release of CICL
- 30. Strengthened inter-agency body for children Convergence of Councils and Committee for Children (Four C’s) Regional Committees/Sub-Committees for the Welfare of Children (RC/SCWC) Regional Juvenile Justice and Welfare Committees Law enforcement task forces against trafficking in persons (TIP)
- 31. Strengthened mechanism in monitoring and addressing child labour cases, incidence and issues Child labor-free Philippines Child labor-free barangay Child labor-free establishment HELP ME Convergence Program Project Angel Tree Sagip Batang Manggagawa Labor dimensions of trafficking Manual on the Labor Dimensions of Trafficking in Persons Guidelines on the Departure Formalities for International Bound Passengers in all airports and seaports
- 32. Database systems National Justice Information System (NJIS) Juvenile Justice and Welfare Management Information System (JJW – MIS) Database of TIP cases
- 33. Ways forward in crafting the next PHRP Engagement of the NGOs/CSOs in the next planning process Setting/defining clear commitments from the different stakeholders – government, NGO, LGUs Consider the following issues: Entitlements of children with disabilities Teenage pregnancy Structure for sustained coordination between and among the lead agencies How NGO data can be integrated in the gov’t
- 34. THANK YOU!
Editor's Notes
- The Convention on the Rights of the Child is the first international treaty that is almost universally accepted, to date only one the United States have not yet ratified the Convention . The Philippines ratified the CRC on August 21, 1990 making us the 31st signatory to the Convention. One of the provisions of Administrative Order 163 series of 2006 is the identification of lead agency for the 8 core treaties where the Philippines is a signatory. Specific to the CRC, while it was the DSWD that was specified as the lead, the Department recognizes CWCs mandate as the government’s focal agency for children and leads in the preparation of compliance reports and monitoring of its concluding observations and recommendations.
- For the CRC thematic chapter, we have four thematic objectives. Read through the next slides.
- CWC received a request from the PHRC to spearhead the preparation of the accomplishment report for the CRC thematic chapter of the PHRP. CWC convened a consultation workshop with government agencies to solicit inputs. Aside from the inputs generated from the consultation workshop, agencies were also requested to submit additional/further inputs for the report. To complete the consultation process and recognizing the importance of the contributions of our non-government organizations, a consultation with non-government organizations was convened last October 30 to get their inputs and recommendations/directions for the next planning process.
- The UN Committee on the Rights of the Child recommended that national legislative measures be passed into full conformity and harmony with the CRC. On this basis, the CWC developed is priority legislative agenda for children which includes the following: Strengthening of the Council for the Welfare of Children Prohibition of corporal punishment Removal of the distinction against children born out-of-wedlock Strengthening of family and alternative parental care arrangements through foster care Amendment to the law on statutory rape Protecting children in situations of armed conflict Out of the six priority legislative agenda, 1 was passed into law and this is RA 10165 or the Foster Care Law. It strengthens family and alternative parental care arrangements through foster care, provision of incentives for foster care families and relaxation of requirements. The end in view of the law is to provide children deprived of family care and protective services with home and family environment. One executive order was issued – Executive Order 138 series of 2013 entitled Adopting the Comprehensive Program Framework for Children in Situations of Armed conflict and Strengthening CWC. This Executive Order formally organized the Inter-agency Committee on Children in Armed Conflict, created and established the Monitoring, Reporting and Response System for Grave Child Rights Violation in Situations of Armed Conflict (MRRS GCRVSAC). It also effectively strengthened CWC in the sense that it expanded its mandate since it transferred the role of OPAPP as lead coordinator and monitor in the implementation of the Comprehensive Program Framework for Children in Situations of Armed Conflict. As for the other priority legislative agenda, there are bills pending for the prohibition of corporal punishment, protecting children in situations of armed conflict and amendment to the law on statutory rape.
- Budgets for child have shown considerable increase in the past two decades. The health, education and social services sectors, where children are the main beneficiaries, are among the top sectors that have the highest budget allocations. In the last 5 years, from 2010 to 2014, government expenditure for children-focused and related programmes had been increasing at an average increase of 15.5 percent per annum in 2010 constant prices. The total general government spending on children was Php 341.4 bilion in 2012. Expressed as percentage of the gross domestic product, total government spending on children was 3.2 percent of GDP in 2012.
- It can be seen that expenditure for children had a dramatic increased from 2010 to 2011 by 18% (from Php189 billion to Php 232 billion in 2010 to 2011). A significant portion of the increase can be attributed to the rise in the budget for the Pantawid Pamilya Pilipino Program.
- Competency Enhancement Training Programmes (CET) were conducted in 2013 and 2015 by PhilJA for more than 120 court judges, including single sala and court personnel handling cases of trafficking in persons. PhilJA also conducted 11 Competency Enhancement Training Programmes from 2012 to 2014 for more than 450 court judges, including single sala and court personnel handling cases involving children.
- Various trainings were also conducted to enhance the capacity/capability of prosecutors, PAO lawyers, police, investigators on the following: protocol on case management of child victim of abuse, neglect and exploitation Cybercrime Online child abuse Investigation and case build-up Gender sensitivity Anti trafficking Advocacy Effective communication
- The supposed inconsistency between RA 9344 and the Supreme Court Revised Rule on Children in Conflict with the Law are on the following areas: The 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 the JJW Law 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 The 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, JJW Law on the other hand allows the application of suspension of sentence more than once. However, these inconsistencies are already resolved since the Supreme Court now applies RA 9344 and its corresponding IRR in resolving cases involving CICL. But the JJWC has proposed to the Supreme Court to revise or update their guidelines in the light of the Law.
- The 2nd National Plan of Action for Children serves as an accompanying document of the CRC – PHRP II. The 2nd NPAC sets the agenda towards the progressive realization of the rights of Filipino children and the fulfillment of the commitment of the Philippines to the CRC and MDGs. A mid-term review of the 2nd NPAC was conducted this year. The MTR is fundamental in gauging the likelihood of achieving the expected results of the 2nd NPAC and to (a) improve quality performance in the implementation of policies and programmes and governance for children; (b) accelerate or fast track implementation for the remaining period of the 2nd NPAC and © feed into strategic directions for the 3rd NPAC in anticipation of a new set of goals nd targets for the post MDG agenda. The MTR showed that of the 80 sector/agency programmes/projects identified in the 2nd NPAC, 97.5% of these were implemented, but of varying degrees. Success or achievement factors are dependent on the efficiency in enforcing compliance to legislative and policy measures, adequacy of resources and corresponding expenditure and their equitable allocation, absorptive capacity at managerial, technical and service delivery levels, governance and political will.
- As required by law there are 2 types of 24-hour facilities for children – Bahay Pag-Asa and the Regional Rehabilitation Center for Youth. The Bahay Pag-Asa refers to a 24-hour child caring institution managed by local government units and licensed and/or accredited NGOs providing short term residential care for children in conflict with the law who are awaiting court disposition of their cases and/or CICL who are undergoing intervention programme. DSWD has 18 Bahay Pag-Asa in 9 regions nationwide. As of mid-2015, 11 are operational, 5 have been completed but not yet operational and 2 have ceased operations. A total of 175 cases were served as of June 2014. All provinces and highly urbanized cities are mandated to establish, fund and manage their Bahay Pag-asa; however, out of the 81 provinces and 34 highly urbanized cities, only 36 have established Bahay Pag-Asa The RRCY is a residential care facility that offers alternative family care to a CICL. CICL aged above 15 years but below 15 years ofa ge whose sentence are suspended and who are ordered by the court to undergo rehabilitation at the DSWD facility are put up in RRCYs. There are 16 RRCYs as of March 2015. Local government units are mandated to formulate Comprehensive Local Juvenlie Intervention Programmes (CLJIP) responsive to the needs of children in conflict with the law and children at-risk (CAR) of becoming CICL. The Juvenile Justice Welfare Council issued guidelines for the establishment of intensive Juvenile Intervention and Support Programmes and spearheaded the planning process of CLJIP in 7 pilot LGU areas. To date, 6,151 LGUs are with Local Juvenile Internvention Programmes; 22,174 LGUs have allocated one percent of their IRA to implement programmes for children; 1,251 LGUs have appointed social workers to handle CAR and CICL. 17 Regional JJ Committees were established to assist LGUs. DILG is tasked to monitor the compliance of LGUs to the CLJIP mandate. The Philippine National Police formulated its protection policy and issued a memorandum that defines the olicy and provides guidelines on how children in vulnerable situations and CICL will be handled. DepEd developed and approved the guidelines on handling CAR and CICL in coordiation with JJWC.
- Children/persons with disabilities have guaranteed entitlements under the law. They are entitled to discounts at least 20 percent; express lane privileges are also provided in all private, commercial and government establishments. Preventive, restorative and rehabilitation services are continuously provided through community-based and center-based programmes and facilities. New Born Screening and New Born Hearing Screening are two essential public health strategies that enables early detection and management of several heritable conditions and hearing loss which is left untreated may lead to mental retardation or death or hearing loss. Restorative services include the provision of assistive devices, referral for medical interventions, provision of counseling services to resolve psychological barriers and mobilization of community resources for physical facility restoration and access, among others. Educational programmes for CWDs include Tuloy Aral Walang Sagabal (TAWAG) and the Early Detection, Early Intervention and Education (EDPID). TAWAG aims to mainstream 3 – 6 year old CWDs in day care centers/TAWAG resource centers, children of school age into regular schools or SPED centers to respon to their education needs. EDPID assesses possible disability among 0 – 6 year old children by using an EDPID tool to determie signs and symptoms of disabilities or those with apparent disability.
- A Comprehensive Sexuality Education program is now included in the school curriculum to provide adolescents with RH education and awareness on the consequences of teenage pregnancy. The Department of Health has put-up Youth Friendly Centers which provide capacity development and training for the youth.
- Agencies conduct continuous capacity building of their respective service providers to ensure that they have the knowledge and the skills to handle issues and cases on children. We got input from agencies like DSWD, DepEd, JJWC, AFP, ICAB, NNC, DOLE, OWWA and DOJ/IACAT. The list is not exhaustive as there are other government agencies that have their respective capacity building activities. This forum is a venue where we still have the opportunity to enhance the report, and so if there are still some inputs that you would want to be included, you can raise this during the open forum or better yet, submit to the CWC until Friday next week.
- Child responsive implementation and monitoring mechanism are in place for a number of child-related agencies: the Philippine Statistical Authority (PSA) is responsible for generating poverty statistics including the incidence of child poverty. However, this should be done on a more frequent basis as the latest one was in 2012 wherein child poverty incidence was recorded at 35.2%. DSWD monitors compliance on registration, licensing and accreditation of child caring agencies and their Pantawid results-based monitoring and evaluation The National Disaster Risk Reduction and Management Council (NDRRMC) have data on casualties and affected population per disaster, but this can still be improved in the sense that there is a need to include data and statistics on the number child casualties and children affected by disasters and the other varied circumstances affecting them. The Office of Presidential Adviser on the Peace Process (OPAPP) included data on children in armed conflict. The Department of Labor and Emoloyment uses its Statistical Performance Rating System to expand its child labour knowledge information sharing.
- In terms of national and local standards and regulations, the DILG, in partnership with CWC, launched the mandatory audit for the Seal of Child-Friendly Local Governance in 2014. The introduction of SCFLG manifested a paradigm shift in the mode of evaluation of “child friendly LGUs” from a voluntary application to mandatory mode and a shift in the assessment criteria from a performance output to outcome and results orientation The Public Attorney’s Office formulated and implemented its internal rules and memoranda for the assistance of children in conflict with the law, victims of violence and other incidents involving children The Bureau of Jail Management and Penology set some guidelines in the reception, handling and release of CICL since their detention in jail is unavoidable due to a compulsory process issued by a competent court.
- Some of the inter-agency bodies for children are created by law or issuance for example – Juvenile Justice Welfare Council, IACAT, Inter-agency Council Against Child Pornography, Committee on the Special Protection for Children. CWC for its part organized the Convergence of Councils and Committees for Children which is composed of the different councils and committees on children to ensure convergence and collaboration in the areas of planning, policy, advocacy, capacity building and database. CWC also have the Regional Committee/Sub-Committee for the Welfare of Children (RC/SCWC) which serves as the link between the national and local govt level in terms of pushing children’s agenda. JJWC have their regional juvenile justice and welfare committees which is already established in 16 regions and are responsible for monitoring the implementation of juvenile justice and welfare laws at the regional and local levels. To prevent potential TIP victims from being brought to the sites where they will be exploited, the IACAT has placed anti-trafficking forces in airports, seaports, trafficking recruitment areas and other strategic locations that would identify likely trafficking victims.
- The Philippines is one of the many countries that ratified the ILO Convention No. 182. Among the strategies that DOLE adopted to implement the Convention are the implementation of th following programs – child-labor free barangay, child labor free establishment, HELP ME Convergence Program, Project Angel Tree, Sagip Batang Mangagawa. IACAT developed a Manual on the Labor Dimensions of Trafficking in Persons , a manual for investigators, prosecutors, labor inspectors and service providers which is designed to establish conceptual clarity on forced labour, recommend special investigative techniques, distinguish acts of trafficking for labour exploitation from other penal laws, expound other legal options covered by civil labor, migration and administrative law and outline the legal options and other forms of assistance to victims and surivovrs of trafficking for labor exploitation The guidelines on the Departure Formalities for International Bound Passengers defined parameters to the enforcement of immigration departure formalities intended for the prevention of trafficking in persons and other related offenses.
- National Justice Information System is with the Department of Justice. The Juvenile Justice and Welfare Management Information System on children at risk of becoming in conflict with the law (CAR) and CICL is being established for full implementation in 2015 -2017. This information system shall establish an integrated socical case management, referral and registry/local level database on all cases of CAR and CICL. The local level database of this system shall be shall be utilized by duty-bearers from receipt or report involving CICL, to the referral and management of their cases. In order to put in place a comprehensive database of all the TIP cases, the DOJ-ICAT case monitoring team is continuously complying with its mandate to monitor and make an inventory of cases filed before the Regional Trial Courts. A more comprehensive case monitoring matrix was developed which provides information on victims and traffickers profile, types of trafficking and aging and status of cases. To date, the IACAT has encoded a total of 2,464 cases. It is also working on a system focusiing on the effective use and management of information, particularly on the prosecution of TIP cases and at the same time addressing the challenge of gathering data in a reliable and timely manner.