De La Salle University - Manila

College of Law

In Partial Fulfillment
of the Course Requirements in
HUMAN RIGHTS LAW
(LAW107M)

CONVENTION ON THE RIGHTS

OF THE CHILD

Submitted to:
Atty. Pura Ferrer-Calleja

Submitted by:
ARUGAY, Angela Justine
JOSOL, Mark Dave
LUNA, Marishifra
SOBREVEGA, Arjean Dawn

20 September 2019
 2

I. Introduction

1. We only appreciate the value of something when it is taken away from

us. The Philippines has ranked 58th in the world on the efficiency of the

courts in addressing the rights of children1. Philippine law also allows for

collective action or group litigation, even for children. This is well

expounded in the landmark case of Oposa v. Factoran2, which was

decided on the account of its transcendental importance. Everyone

possesses the right to balanced ecology3. Petitioners herein are minors,

duly represented by their parents, who pray for the cancellation of the

Timber License Agreements on the premise that it will prejudice their

right to a balanced ecology. They pray not only just for themselves, but

also for the rights of the future generation. Generations that also have

the right to a balanced ecology, hence, the State is obliged to promote

and protect the right to health of the people4.

2. These basic rights need not even be written in the Constitution.

Children’s rights are part of the inherent Human rights,5 hence, they are

assumed to exist from the inception of humankind. If they are now

explicitly mentioned in the fundamental charter, it is because of the well-

founded fear of its framers that: unless the rights to a balanced and

healthful ecology and health are mandated as state policies by the

Constitution itself, thereby highlighting their continuing importance and

imposing upon the state a solemn obligation to preserve the first, and to

1 Rina Jimenez-David, The rights of a Child, available at https://opinion.inquirer.net/92921/the-rights-of-the-

child (last accessed Sept. 19, 2019)
2 Oposa, et.al. v. Honorable Fulgencio S. Factoran, Jr., 224 SCRA 792 (1993).
3 PHIL. CONST. Art. II, §16.
4 PHIL. CONST. Art. II, §15
5 Pepita Jane A. Petralba, Hornbook on International and Philippine Human Rights Laws, pg. 11 (2013).
 3

protect and advance the second, the day would not be too far when all

else would be lost, not only for the present generation but also for those

to come — generations which stand to inherit nothing but parched

earth, incapable of sustaining life. The right to a balanced and healthful

ecology carries with it the correlative duty to refrain from impairing the

environment.

3. According to the United Nations Children's Fund (UNICEF), The

Convention on the Rights of the Child (CRC)6 is one of the most ratified

and accepted conventions in the world today7. The Philippines ratified it

less than a year after the adoption of the United Nations (UN) General

Assembly in 1989, yet until now, many children in the Philippines are

still left behind, UNICEF Philippines Country Representative Lotta

Sylwander said on Thursday, October 23.8

4. Many children in the Philippines still don't benefit from the trickle-down

effect of the country’s economic growth. Despite this, the Philippines

has achieved great progress, especially with the numerous laws that have

been "strengthened, changed, or improved," leading to more protection

for children. Other achievements over the last 25 years include the

country's polio-free status9, the Milk Code,10 the Juvenile Justice and

6 Convention on the Rights of the Child, General Assembly Resolution 44/25 (1989).
7 Jee Y. Geronimo, UNICEF: PH ‘A Little Behind’ in Upholding Children’s Rights, available at
https://www.rappler.com/nation/73000-unicef-philippines-behind-rights-children (last accessed Sept. 19,
2019).
8Id.
9 Jee Y. Geronimo, Going abroad? DOH mulls mandatory oral Polio Vaccine, available at

https://www.rappler.com/nation/58117-doh-oral-polio-vaccine-outgoing-filipinos (last accessed Sept. 19,

2019).
10 Monalinda Cadiz, Why Protect the Milk Code?, available at https://www.rappler.com/move-

ph/issues/hunger/54336-milk-code-stunting-philippines (last accessed Sept. 19, 2019).

 4

Welfare Act,11 and the allocation of more government resources for

children.

5. However, in line with the most recent events concerning the view for

vaccines, after almost 20 years of being polio-free, the Department of

Health (“DOH”) confirmed Thursday, September 19, 2019, the

resurgence of polio in the country as it recently recorded its first case of

the potentially deadly infectious disease in Lanao del Sur12. This is a

consequence of a global health threat, “Vaccine hesitancy”. This

happens when a child’s parent is reluctant or refuses to vaccinate despite

the availability of vaccines, which threatens to reverse progress made in

tackling vaccine-preventable diseases.

6. Vaccination is one of the most cost-effective ways of avoiding disease –

it currently prevents 2-3 million deaths a year, and a further 1.5 million

could be avoided if global coverage of vaccinations improved. Measles,

for example, has seen a 30% increase in cases globally. The reasons for

this rise are complex, and not all of these cases are due to vaccine

hesitancy. However, some countries that were close to eliminating the

disease have seen a resurgence13.

7. The reasons why people choose not to vaccinate are complex; a vaccine

advisory group to World Health Organization (WHO) identified

complacency, inconvenience in accessing vaccines, and lack of

11 An Act Establishing a Comprehensive Juvenile Justice and Welfare System, Creating the Juvenile Justice and
Welfare Council Under the Department of Justice, Appropriating Funds Therefor and for Other Purposes
[Juvenile Justice and Welfare Act of 2006], R.A. No. 9344 (2005).
12 Krissy Aguilar, Polio epidemic: DOH confirms resurgence in the Philippines, available at

https://newsinfo.inquirer.net/1166715/polio-epidemic-doh-confirms-resurgence-in-
philippines?fbclid=IwAR2KfRYPllZ9BEagJLtExGbMpvj5d5ps6dinDFgbV-ZSoXcVHaZNz-wnCIw (last
accessed Sept. 20, 2019).
13 would Health Organization, Ten Threats to Global Health in 2019, available at

https://www.who.int/emergencies/ten-threats-to-global-health-in-2019 (last accessed Sept. 20, 2019).

 5

confidence are key reasons underlying hesitancy. Health workers,

especially those in communities, remain the most trusted advisor and

influencer of vaccination decisions, and they must be supported to

provide trusted, credible information on vaccines.

8. In 2019, the WHO will ramp up work to eliminate cervical cancer

worldwide by increasing coverage of Human Papilloma Virus (HPV)

vaccine, among other interventions. 2019 may also be the year when

transmissions of wild polio virus would stop in Afghanistan and

Pakistan. Last year, less than 30 cases were reported in both countries.

WHO and partners are committed to supporting these countries to

vaccinate every child to eradicate this crippling disease for good.14

II. History of Children’s Rights

9. Before the 19th century, there were no mechanisms in place to protect

children. It was the norm for children to work alongside adults in

dangerous and unsanitary conditions. The history of the Convention of

the Rights of the Child shows how it took almost a century for it to be

established and until then, it was common for child labor especially in

big cities with extreme poverty.

10. The 19th century marked the start of children's rights. The child began

to be considered as requiring protection. For the first time in Europe,

laws were passed governing child labor. Different legal texts

progressively encouraged or made education obligatory for young

14Id.
 6

children, and society recognized the fact that the child could not be dealt

with in the same way as an adult.15

11. The history of children’s rights accelerated in the 20th century. In 1919,

the League of Nations created a committee for the protection of

children. Five years later, it adopted the first international treaty on

children’s rights, inspired by the work of Janusz Korczak, who is

considered to be the father of children’s rights.16

12. In 1924, the League of Nations adopts the Geneva Declaration on the

Rights of the Child, drafted by Eglantyne Jebb, founder of the “Save the

Children Fund.” The Declaration articulates that all people owe children

the right to means for their development; special help in times of need;

priority for relief; economic freedom and protection from exploitation;

and an upbringing that instills social consciousness and duty.17

13. In 1946, the United Nations General Assembly established the

International Children's Emergency Fund, UNICEF, which emphasize

children throughout the world.18

14. In 1948, the United Nations General Assembly passes the Universal

Declaration of Human Rights, which stipulates that ‘motherhood and

childhood are entitled to special care and assistance’.19 The International

Catholic Child Bureau or BICE was also created in this same year. This

organization was one of the key initiators of the Convention on the

15 Histoire Des Droits De L’Enfant, available at https://bice.org/en/history-rights-child (last accessed Sept. 19,
2019).
16 Id.
17 History of Child Rights, available at https://www.unicef.org (last accessed Sept. 19, 2019).
18 Id.
19 Id.
 7

Rights of the Child and currently works with other NGOs to ensure the

correct application and evolution of this Convention.

15. In 1959, the United Nations General Assembly adopted the Declaration

of the Rights of the Child, which recognizes, among other rights,

children's rights to education, play, a supportive environment, and health

care.20

16. In 1966, United Nations Member States promised to uphold equal

rights, including education and protection for all children alongside the

International Covenants on Civil and Political Rights and Economic,

Social and Cultural Rights.21

17. In 1968, an agenda for future work was drafted and national

commitments to upholding human rights are bolstered. This was also

when the International Conference on Human Rights was convened to

evaluate the progress made by countries in the 20 years since the

adoption of the Universal Declaration of Human Rights.

18. In 1973, The International Labour Organization adopted Convention

138, which sets 18 as the minimum age for undertaking work that might

be hazardous to a person’s health, safety or morals and in 1973, the

General Assembly calls on Member States to observe the Declaration on

the Protection of Women and Children in Emergency and Armed

Conflict, which prohibits attacks against or imprisonment of civilian

women and children, and upholds the sanctity of the rights of women

and children during armed conflict.22

20 Id.
21 Id.
22 Supra.
 8

19. In 1978, the Commission on Human Rights puts forth a draft of a

Convention on the Rights of the Child and a year later, the United

Nations General Assembly declares 1979 as the International Year of the

Child.23

20. In 1985, the United Nations established the United Nations Standard

Minimum Rules for the Administration of Juvenile Justice, which

detailed the principles of a justice system that promotes the best interests

of the child.24

21. In 1989, the Convention on the Rights of the Child is adopted by the

United Nations General Assembly. The Convention guarantees and sets

minimum standards for protecting the rights of children in all capacities.

22. In 1990, the World Summit for Children is held in New York and after a

year, several organizations around the world meet to discuss data

gathered from the reporting process of the Convention on the Rights of

the Child. The meeting led to the formal establishment of the Child

Rights International Network (CRIN) in 1995.25

23. In 1999, The International Labor Organization (ILO) adopted the Worst

Forms of Child Labor Convention, calling for the immediate prohibition

and elimination of any form of work that is likely to harm the health,

safety or morals of children.

24. In 2000, The United Nations General Assembly adopted two Optional

Protocols to the 1989 Convention on the Rights of the Child, obligating

State Parties to take key actions to prevent children from partaking in

23 Id.
24 Id.
25 Id.
 9

hostilities during armed conflict and to end the sale, sexual exploitation

and abuse of children.26

25. In 2002, child delegates address the General Assembly for the first time

at the United Nations Special Session on Children. The World Fit for

Children's agenda was also adopted.27

26. In 2006, the Manual for the Measurement of Juvenile Justice Indicators

is published with the United Nations Office on Drugs and Crime, and in

2010, the United Nations Secretary-General issued the Status of the

Convention on the Rights of the Child.28

27. In 2011, a new Optional Protocol to the 1989 Convention on the Rights

of the Child is adopted.29

28. On 20 November 2019, the General Assembly will celebrate the thirtieth

anniversary of the adoption of the Convention on the Rights of the

Child.30

III. Purpose and Provisions of the CRC

29. World leaders came together and made a historic commitment to the

world's children, to protect and fulfill their rights through the adoption

of an international legal framework, which was the United Nations

Convention on the Rights of the Child.31 According to the Human

Rights Watch, the Convention on the Rights of the Child is “an

international treaty adopted by the United Nations on November 20,

1989, establishing global standards to ensure the protection, survival, and

26 Id.
27 Supra.
28 Id.
29 Id.
30 Id.
31 What is the convention on the rights of the child, available at https://www.unicef.org/child-rights-

convention/what-is-the-convention (last accessed Sept.19, 2019)?

 10

development of all children, without discrimination.” It also stated that

the purpose of this convention is to “protect children from economic

and sexual exploitation, violence, and other forms of abuse and to

advance the rights of children to education, health care, and a decent

standard of living.” The convention also addresses children’s rights to a

name and nationality, to be heard, to be fairly treated when accused of

offenses, when deprived of parental care, and other rights.32

30. The convention is the first legally binding international instrument of

Children’s Rights protection. This means that it establishes an obligatory

force to the body of all the rights it stipulates.33

31. The convention also comprises fifty-four (54) articles that establish the

body of all children’s civil and political rights, as well as their economic,

social and cultural rights.34 These articles each detail a different type of

right and may be grouped into four (4) different themes: (1) survival

rights; (2) development rights; (3) protection rights; and (4) participation

rights.35

32. Survival rights are also the right to life. This includes needs that are basic

to the existence, including food, shelter, and access to medical services.

Next are the developmental rights, which are the rights to education,

play, leisure, cultural immersion. It allows children access to information

and freedom of thought or religion. Then, there are the protection rights

that ensure children are safeguarded against all forms of abuse, neglect,

32 25th Anniversary of the Convention on the Rights of the Child, available at https://www.hrw.org (last
accessed Sept 19, 2019).
33 Definition of the Convention on the Rights of the Child, available at

https://www.humanium.org/en/convention/definition (last accessed Sept. 19, 2019).

34 Id.
35 Id.
 11

and exploitation. Finally, the participation rights encompass children’s

freedom to express opinions, to have a say in matters affecting their own

lives, to join associations and to assemble peacefully.36

33. The Convention on the Rights of the Child lays down ten principles: (1)

The right to equality, without distinction on account of race, religion or

national origin; (2) The right to special protection for the child’s physical,

mental and social development; (3) The right to a name and a nationality;

(4) The right to adequate nutrition, housing and medical services; (5) The

right to special education and treatment when a child is physically or

mentally handicapped. (6) The right to understanding and love by

parents and society; (7) The right to recreational activities and free

education; (8) The right to be among the first to receive relief in all

circumstances; (9) The right to protection against all forms of neglect,

cruelty and exploitation; and (10) The right to be brought up in a spirit

of understanding, tolerance, friendship among peoples, and universal

brotherhood.37

34. Four (4) principals, in particular, are given special emphasis. These four

are considered ‘general principles'.38

35. The first general principle is found in Article two (2) of the convention,

which states: “(1) States Parties shall respect and ensure the rights set

forth in the present Convention to each child within their jurisdiction

without discrimination of any kind, irrespective of the child's or his or

36 What Does the Convention on the Rights of the Child Say, available at https://childrensrights.ie (last accessed
Sept. 19, 2019).
37 Declaration of the Rights of the Child, 1959, available at https://www.humanium.org/en (last accessed Sept.

19, 2019).
38 Id., 33.
 12

her parent's or legal guardian's race, colour, sex, language, religion,

political or other opinion, national, ethnic or social origin, property,

disability, birth or other status.

36. (2) States Parties shall take all appropriate measures to ensure that the

child is protected against all forms of discrimination or punishment

based on the status, activities, expressed opinions, or beliefs of the

child's parents, legal guardians, or family members”39

37. The second general principle is found in Article three (3), which states:

“(1) In all actions concerning children, whether undertaken by public or

private social welfare institutions, courts of law, administrative

authorities or legislative bodies, the best interests of the child shall be a

primary consideration.

38. (2) States Parties undertake to ensure the child such protection and care

as is necessary for his or her well-being, taking into account the rights

and duties of his or her parents, legal guardians, or other individuals

legally responsible for him or her, and, to this end, shall take all

appropriate legislative and administrative measures.

39. (3) States Parties shall ensure that the institutions, services, and facilities

responsible for the care or protection of children shall conform with the

standards established by competent authorities, particularly in the areas

of safety, health, in the number and suitability of their staff, as well as

competent supervision.”40

40. The third general principle is found in Article six (6), which states: "(1)

States Parties recognize that every child has the inherent right to life.
39 Convention on the Rights of the Child, Art. 2.
40 Convention on the Rights of the Child, Art. 3.
 13

41. (2) States Parties shall ensure to the maximum extent possible the

survival and development of the child."41

42. And the fourth and final general principle is found in Article twelve (12),

which states: “(1) States Parties shall assure to the child who is capable

of forming his or her own views the right to express those views freely

in all matters affecting the child, the views of the child being given due

weight in accordance with the age and maturity of the child.

43. (2) For this purpose, the child shall in particular be provided the

opportunity to be heard in any judicial and administrative proceedings

affecting the child, either directly, or through a representative or an

appropriate body, in a manner consistent with the procedural rules of

national law.”42

IV. Implementation of the CRC in the Philippines

44. It is a well-settled principle in international law that the provisions of

treaties and consequently the obligations that attach to these does not

automatically incorporate itself into the operative law of a specific

country/state despite the doctrine of pacta sunt servanda43 which

obligates states to follow through with their promises as signatories to

such treaties. Treaties do not impose specific requirements on how such

obligations may be fulfilled within the confines of domestic law. 44

Moreover, it is considered an encroachment on state sovereignty if the

case is otherwise; hence, the only way a state may be said to have fulfilled

its obligations to a treaty is by looking into whether or not it had created

41 Convention on the Rights of the Child, Art. 6.

42 Convention on the Rights of the Child, Art. 12.
43 Vienna Convention on the Law of Treaties Art. 26, opened for signature May 23, 1969, 1155 U.N.T.S. 331
44 Mendez, Mario, The Legal Effects of EU Agreements, Oxford University Press (2013), p. 2
 14

measures to follow such obligations through legislation, administration,

and even judicial decisions.

45. In a report issued by the Committee on the Rights of the Child regarding

the Philippine second periodic report back in 2005, said Committee

highlighted several legislative gaps and issues that need review, reform or

enactment.45 These legislative gaps include (a) minimum age of criminal

responsibility, (b) minimum age of sexual consent, (c) prohibition of

torture, (d) lack of a comprehensive juvenile justice system, (e)

discrimination against children born out of wedlock, (f) use of children

for pornography, and (g) corporal punishment, among others.

Accordingly, the Philippines addressed these problems by enacting laws

and regulations concerning the enumerated legal gaps, which will be

enumerated and discussed below.

46. Before the specific statutes are discussed, it is important to note that the

rights of children are mandated to be protected by the very fundamental

law of our land: the 1987 Constitution. The following provisions of the

1987 Constitution specifically protect the rights of children in the

country: (1) Article XIII, section 11 requires the State to adopt an

integrated and comprehensive approach to "health development"

available to all people at affordable cost, giving special priority to

children;46 (2) Article XIV, section 2(2) provides for free and compulsory

elementary and high school education;47 (3) Article XIV, section 3(3)

provides for the teaching of religion to children in schools, so long as

45CONSIDERATION OF REPORTS SUBMITTED BY STATES PARTIES UNDER ARTICLE 44 OF

THE CONVENTION, Committee on the Rights of the Child, CRC/C/PHL/3-4 (2009).
46 CONST. Art. XIII, Sec. 11
47 CONST. Art. XIV, Sec. 2(2)
 15

the parent or guardian of the child has given his or her written consent; 48

(4) Article XV, section 3(2)requires the State to defend the right of

children to assistance, including proper care and nutrition and provides

for special protection from all forms of neglect, abuse, cruelty,

exploitation and other conditions prejudicial to their development.49

47. In 1974, Presidential Decree No. 603 or the “The Child and Youth

Welfare Code” was enacted which entitled the child to rights without

distinction as to legitimacy or illegitimacy, sex, social status, religion,

political antecedents, and other factors50, such as the right to a

wholesome family,51 right to a well-rounded development52, right to an

education, right to live care, assistance, and protection of the State53

among others.

48. The Child and Youth Welfare Code also provided for the child’s

responsibilities54, such as: (1) to strive to lead an upright and virtuous life

in accordance with the tenets of his religion, the teachings of his elders

and mentors, and the biddings of a clean conscience; (2) Love, respect

and obey his parents, and cooperate with them in the strengthening of

the family; (3) Extend to his brothers and sisters his love,

thoughtfulness, and helpfulness, and endeavor with them to keep the

family harmonious and united; (4) Exert his utmost to develop his

potentialities for service, particularly by undergoing a formal education

suited to his abilities, in order that he may become an asset to himself

48 CONST. Art. XIV, Sec. 3(3)

49CONST. Art. XV, Sec. 3(2)
50 P.D. No. 603, Article 3
51Id., Article 3 (2)
52Id., Article 3 (3)
53Id., Article 3 (10)
54 P.D. No. 603, Article 4
 16

and to society; (5) Respect not only his elders but also the customs and

traditions of our people, the memory of our heroes, the duly constituted

authorities, the laws of our country, and the principles and institutions of

democracy; (6) Participate actively in civic affairs and in the promotion

of the general welfare, always bearing in mind that it is the youth who

will eventually be called upon to discharge the responsibility of

leadership in shaping the nation's future; and (7) Help in the observance

of individual human rights, the strengthening of freedom everywhere,

the fostering of cooperation among nations in the pursuit of their

common aspirations for programs and prosperity, and the furtherance of

world peace.

49. Republic Act 9208 or Anti-Trafficking in Persons Act of 2003. This Act

instituted policies to eliminate trafficking in persons especially women

and children. It has also established institutional mechanisms for the

protection and support of trafficked persons and providing penalties for

its violation. Since the passage of the anti-trafficking law, the number of

cases filed for investigation and prosecution by the Department of

Justice (DOJ) has steadily increased, indicating increased awareness and

improved reporting of trafficking cases. An Inter-Agency Council against

Trafficking (IACAT), chaired by the Department of Justice, has been

coordinating efforts of government and NGOs in the campaign against

trafficking of children and women.

50. On the same topic as the Anti-trafficking law, to further protect the right

to safety of children, R.A. No. 7610 or the Child Protection Act was

enacted in 1992 to increase the penalty of felonies done against children.

 17

In 2003, R.A. No. 9231 was enacted also known as Elimination of the

Worst Forms of Child Labour Act of 2003. This Act provides for

stronger measures to protect working children and has amended RA

7610.

51. On this same vein, R.A. No. 9262 or the "Anti-Violence Against Women

and their Children Act" was enacted in 2004. This law protects women

and their children from physical, emotional, sexual, psychological and

economic abuses. The law penalizes men with imprisonment if they were

found to have committed acts of violence against their wives, girlfriends,

or partners. Before the passage of the law, many acts of violence were

considered “domestic disputes” and were often left to parties to resolve

among themselves. Section 8 of the law provides for the issuance of

protection orders to prevent further acts of violence against a woman or

her child, minimize disruption in the victim’s daily life, and facilitating

the opportunity and ability of the victim to independently regain control

over her life.55

52. Originally enacted as R.A. No. 9344 in 2006, the Juvenile Justice and

Welfare Act of 2006 was amended by R.A. No. 10630 or “An Act

Strengthening the Juvenile Justice System in the Philippines, Amending

For The Purpose Republic Act No. 9344, Otherwise Known as The

“Juvenile Justice And Welfare Act of 2006” And Appropriating Funds

Therefor.” In both these legislations, the minimum age of criminal in the

country from nine (9) to fifteen (15) years. Section 6 of R.A. No. 9344,

as restated in Section 3 of R.A. No. 10630 provides that: “a child fifteen

55 R.A. No. 9262, Section 8

 18

(15) years of age or under at the time of the commission of the offense

shall be exempt from criminal liability; however, the child shall be

subjected to an intervention program ... and that a child above fifteen

(15) years but below eighteen (18) years of age shall likewise be exempt

from criminal liability and be subjected to an intervention program,

unless he/she has acted with discernment, in which case, such child shall

be subjected to the appropriate proceedings in accordance with this

Act”.56

53. The Juvenile Justice and Welfare Act of 2006 (a) prohibits torture and

other cruel, inhuman or degrading treatment or punishment; (b)

introduces restorative justice; (c) provides for diversion programs for

children in conflict with the law; and (d) prohibits detention of youth

offenders below the age of 15 in jails. More specifically, under Section 5,

the law enumerates the rights of the child in conflict with the law

including, among others, (a) the right not to be subjected to torture or

other cruel, inhuman or degrading treatment or punishment;(b) the right

not to be imposed a sentence of capital punishment or life

imprisonment, without the possibility of release; (c) the right not to be

deprived, unlawfully or arbitrarily, of his/her liberty, detention or

imprisonment being a disposition of last resort, and which shall be for

the shortest appropriate period of time; (d) the right to be treated with

humanity and respect for the inherent dignity of the person ... and in

56 R.A. No. 10630, Section 3

 19

particular, a child deprived of liberty shall be separated from adult

offenders at all times.57

54. Moreover, under Section 61, the law prohibits the following acts against

children in conflict with the law: (a) employment of threats of whatever

kind and nature; (b) employment of abusive, coercive and punitive

measures such as cursing, beating, stripping, and solitary confinement;

(c) employment of degrading, inhuman and cruel forms of punishment

such as shaving the heads, pouring irritating, corrosive or harmful

substances over the body of the child in conflict with the law, or forcing

him/her to walk around the community wearing signs which embarrass,

humiliate, and degrade his/her personality and dignity; and (d)

compelling the child to perform involuntary servitude in any and all

forms under any and all instances.58

55. Republic Act No. 10152 or the “Mandatory Infants and Children Health

Immunization Act of 2011” promotes the health and welfare of children

by mandating the taking of immunization shots to prevent vaccine-

preventable diseases.59

V. Contemporaneous Circumstances

56. While there have been fairly wide interest and support from various

sectors in the initial implementation of these laws, current efforts are still

inadequate to bring about the desired enabling environment for the

fulfillment of children’s rights - a child-friendly, safe, protective and

57 R.A. No. 9344, Section 5

58Id.,
Section 61
59 R.A. No. 10152, Section 3
 20

caring environment that these laws intend to create in the first place. No

codification of these laws that promote the rights of children exists.

57. These laws will be useless without translating them into concrete

programs for children with adequate budgetary allocations. In the

medium and long-term, the real challenge lies in the sustained and

effective enforcement of these laws as demonstrated in terms of

concrete programs, increased budget, improved technical competence of

personnel, and functional institutional mechanisms that are in place to

follow through and monitor implementation of the CRC.

58. To make matters worse, recent legislative intentions lean towards the

lowering of the age of criminal responsibility to 9-years-old.60 Although

the bill has yet to be effectively passed into law, it is quite concerning

that the trend of the legislative is to forsake children's rights for the so-

called "preservation of peace."

59. To further cement the fact that the Philippines, despite the number of

legislations promoting children’s rights, is still falling behind in its

implementation is the recent analysis conducted by the United Nations

International Children’s Emergency Fund (UNICEF) last year,61 which

showed that: (1) in 31.4%of children are living below the basic needs

poverty line nationally; (2) there is an increase from 49 (1997) to 59.2

births per 1,000 women aged 15-19 years in 2015; (3) low and declining

60 Cepeda, Mara , House panel OKs bill to lower age of criminal liability to 9 years old (January 21, 2019),
https://www.rappler.com/nation/221497-house-panel-approves-bill-lowering-minimum-age-criminal-
responsibility-january-21-2019 (last accessed September 19, 2019).
61 Doyle, Joanne, Situation Analysis of Children in the Philippines, National Economic and Development Authority

(NEDA) and UNICEF Philippines (2018)

 21

immunization coverage from 89% (2013) to 62% (2018);62 (4) that 33%

of children under 5 years are stunted; (5) 21.5% of children under 5 years

old are underweight; (6) an estimated 2.85 million children aged 5-15 are

out of school; and (7) high rates of violence against children with 2 out

of 5 experiencing physical violence, 1 out of 4 experiencing sexual

violence, 2 out of 5 experiencing psychological violence, and 2 out of 3

experiencing peer violence.

VI. Conclusions and Recommendations

60. The Philippines as a signatory to the Convention on the Rights of the

Child has been dutifully fulfilling its obligations to a said convention by

legislating a variety of statutes that affect the protection and preservation

of the rights of children. However, despite the country's fulfillment in

good faith, it is apparent that such fulfillment is lacking. This is evident

in the statistics of children in the country as well as the recent trends in

legislative discourse.

61. Nevertheless, it is up to the Filipino nation as a people to pick up where

the government may be lacking wherein every one of us, as citizens, may

promote, protect, and preserve the rights of children. After all, the youth

is the future of our country.

62Foundin https://www.unicef.org/philippines/press-releases/vaccineswork-unicef-stresses-importance-
immunization-world-immunization-week (Last accessed September 20, 2019)