CHECKLIST FOR DRAFTING

A LOCAL CHILDREN’S
WELFARE CODE

Aligning the Local Children’s Welfare Code

to the United Nations Convention
on the Rights of the Child

www.savethechildren.org.ph
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Guidance for Drafting a Local Children’s Welfare Code
INTRODUCTION
Why should Local Government Units (LGUs) adopt a local children’s welfare code?
• When the Philippines ratified the United Nations
Convention on the Rights of the Child (CRC) in
1990, the Philippine Government committed to
make sure that children across the country are
enjoying all their rights as stated in the CRC.
• The Philippine Government from the national down
to the barangay levels needs to take specific steps
or actions to make children's rights happen.
Government action is critical for fulfilling children’s
rights.
• Enacting and implementing laws and policies is one
of the critical actions that government should take
to ensure that children’s rights are respected,
protected and fulfilled.
• At the local level, LGUs from provincial to barangay
levels need to enact local ordinances that will
promote and protect children's rights and ensure
that programs and services are available to
children. The role of the LGUs is critical since the
LGUs are at the forefront of delivering programs
and services for children, and are in the best
position to generate positive results for children.
• Among the local ordinances that the LGU needs to
adopt is a local children's welfare code.
2018
What should governments do to
implement the United Nations
Convention on the Rights of the
Child?
The concrete actions that government
should take to ensure the
implementation of the CRC are
outlined by the UN Committee on the
Rights of the Child into General
Measures of Implementation. For
LGUs, these general measures can be
interpreted as follows:
1. Enact policies for children
consistent with the CRC
2. Include children's concerns in local
comprehensive and strategic plans
3. Allocate budgets for children and
ensure that these are spent
effectively and efficiently
4. Establish permanent coordination
mechanisms to ensure effective
delivery of programs and services
for children.
5. Set up and maintain effective data
collection and monitoring systems
6. Set up independent grievance and
complaints mechanisms
7. Raise awareness on CRC
8. Build the capacity of service
providers so that their practice
remains consistent with the CRC
9. Work with children and CSOs
10. Cooperate with the United Nations
and the international community
What is the local children’s welfare code?
• The local children's welfare code is a local policy enacted at the provincial, city and/or municipal
levels that serves as a compilation of all relevant local policies on children within the specific
locality.
• The adoption of a local children's code provides a venue and platform for mainstreaming children’s
rights in the core development agenda of the LGU, which is one of the 12 assessment criteria in the
Child Friendly Local Governance Audit (CFLGA) being conducted by the Department of Interior and
Local Government (DILG). The CFLGA is the basis for its conferment of the Seal of Child Friendly
Local Governance to deserving LGUs.1
• The local children’s code is also one of the components that can be funded by the budget for the
local councils for the protection of children (LCPC) constituting 1% of the LGU’s internal revenue
allotment.2
• The main objectives of the local children’s code are as follows.
1. Promote the protection and fulfilment of children’s rights in all settings, and create a culture of
child rights protection and promotion within the locality
2. Institutionalize and set the standards for policies, programs, services and practices to address
children’s issues and concerns in the locality
3. Align local policies with national laws and policies related to children
4. Localize national laws and policies on children, and support their full implementation at the
local level

How can the local children’s welfare code help the LGUs fulfil the Convention on the
Rights of the Child?

The local children's code will help guide the LGUs in developing relevant child rights-based plans and
programs for children, and eventually in how resources for children can be used effectively.

What will be the main references for drafting the children’s code?
The local children's code is drafted based on:
1. National legislation and policies on and related to children
2. an assessment of children's situation and issues
3. an assessment of the implementation of programs for children
4. an analysis of existing local policies related to children
5. views of children, civil society and other stakeholders
The local children's code should be consistent with the provisions of the CRC and with existing national
laws on children.

1
Department of Interior and Local Government (DILG) Memorandum Circular 2014-80.
2
DILG Memorandum Circular 2012-120.
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CHECKLIST FOR MINIMUM CONTENT
OF THE CHILDREN’S CODE
GENERAL PROVISIONS
Is the Code organized according to the five clusters of rights, namely: education, culture
and leisure activities; basic health and welfare; civil rights and freedoms; family
environment and alternative care; and special protection measures; or according to the
four categories of rights (survival, development, protection and participation)? At the
minimum, the code should be structured according to the following sections:
• Declaration of Principles
• Definition of terms
• Rights of the Child (Refer to Annex A)
- Survival (including right to adequate standard of living)
- Development
- Protection
- Participation
- Nondiscrimination
• General Measures of Implementation / Implementing Mechanisms (Refer to the
General Measures of Implementation on Page 1).

Is the Code referring to the UN Convention on the Rights of the Child, the UN Convention
on the Elimination of all Form of Discrimination against Women, Universal Declaration on
Human Rights and other human rights instruments?
• Legal Basis of the Code (Refer to Annex B)
Does the Code provide a clear definition of the Child, consistent with the definition under
Republic Act 7610?
“A child is any person below the age of 18 age or those over but are unable to fully take
care of themselves or protect themselves from abuse, neglect, cruelty, exploitation or
discrimination because of a physical or mental disability or condition.”
Does the Code define the roles and responsibilities of parents as the primary caregiver
who is responsible for supporting the basic needs of the child, and nurturing and guiding
children in accordance with the provisions of the CRC?
Is there a provision that supports parents to enable them to provide for the basic needs of
their children and nurture their children in a manner consistent with the CRC (e,g. support
to parenting programs, skills development and livelihoods for parents, CRC education
specifically targeting parents)?

Are there provisions that are lacking? Are there sets of rights, specific sectors that are not
supported by any of the provisions? Are there gaps in existing laws or policies that can be
supported through a provision in the code?
Examples:
• Provision protecting both girl and boys (aged below 18) from statutory rape
Note: This addresses a gap in the existing Anti-rape Law, which sets the minimum
age of statutory rape at age 12; and thus, an absence of a national law raising the
minimum age for statutory rape from 12 to 16. The Statutory Rape Bill has been

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 pending in Congress. This also addresses the increased number of rape cases
among boys as revealed by National Baseline Study on Violence Against Children.
• Provision banning corporal punishment in the home
Note: This addresses the absence of a national law banning corporal punishment in
all settings.
(Refer to Annex C on Banning Corporal Punishment and Promoting Positive
Discipline)
• Provisions for free birth registration including free late registration for children
from poor families and for children born in evacuation centers or those who lost
their birth certificates due to fires, flooding, armed conflict, displacement and
other emergencies.
Note: absence of an updated and more progressive civil registration law.
• Provisions promoting children’s meaningful participation in local governance
Note: This addresses the absence of laws promoting and ensuring children’s
meaningful and active participation in local governance, with institutionalized
children’s participation further weakened by the SK Reform Law recently passed.
• Promotion of the rights of children in situations of armed conflict (Refer to
Republic Act [RA 11188], Special Protection of Children in Situations of Armed
Conflict Act of 2019)
• Promotion of the rights of children in emergencies
(Refer to Annex D for sample provisions as mandated by Republic Act [RA
10821], the Children’s Emergency Relief and Protection Act)

NONDISCRMINATION AND INCLUSION

Does the provision eliminate discrimination on the basis of sex, age, ethnicity, religion,
income status, residence, sexual orientation, gender identity, gender expression,
disability, and his/her specific circumstances; and encourage inclusion especially of
children who are most marginalized and deprived such as girls, LGBT children, young
children, children with disabilities, out-of-school children, working children, street
children, children with HIV, among others? Are there children left out or excluded because
of any provision of the Code?
Are there provisions enhancing access to quality education, health and protection services
of children with disabilities?
Are there provisions that provide greater protection for girl children and address their
issues related to inequity, discrimination, marginalization and violence?
Is there a provision/s supporting training programs for educators and health professional
on the implementation of special programs for children with disabilities, and financial
assistance to families of children with disabilities?

PARTICIPATION RIGHTS
Is there a provision promoting children’s voluntary, safe and meaningful participation and
ensures that their participation is not tokenistic?
Is there a provision ensuring children’s right to information, privacy, freedom of
expression and opinion, and to form their own association?
Is there a provision protecting children from harmful information and media?

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 Are there provisions supporting and promoting the formation of children’s organizations
or clubs that are for their best interest?
Is there a provision supporting children’s activities and initiatives that are beneficial to
other children in the community?
Are there provisions providing venues and processes for children (especially marginalized
children) to be consulted and heard in decisions related to governance such as in policy
making, local planning and budgeting, and have their opinions and suggestions taken into
account?
Are there opportunities for children to be represented in the Katipunan ng Kabataan, local
councils for the protection of children, local school boards, local health boards, local
development councils, local DRRM councils and other local special bodies, where the
selection of representatives follow inclusive processes?
CHILD PROTECTION
Does the Code contain an explicit prohibition of corporal or physical, humiliating and
degrading punishment in all settings especially in the home?
Does the Code include an explicit definition of corporal punishment and positive
discipline? (Refer to the Annex for proposed definition.)
Is there a provision promoting the practice of positive discipline among parents, teachers,
and other caregivers, through positive discipline training, peer support group formation
and counseling, among others?
Is there a provision that will prevent and address all forms of violence against children?
Are there provisions specifically prohibiting traditional practices that are harmful to
children, such as child marriage and female genital mutilation?
Are there provisions prohibiting activities constituting child prostitution and other forms
of sexual exploitation, unsafe migration, child trafficking, and child pornography, and
other activities that expose children to risks of abuse and exploitation in cyberspace?
Are there provisions that prevent and address harmful child labor?
Are there provisions supporting relevant training and capacity building for social workers,
law enforcers, barangay tanods, day care workers, teachers, health workers and other
service providers that include children’s rights and the respectful treatment of children?
Are there provisions ensuring that all child caring facilities under the City’s jurisdiction
follow the standards set by the DSWD, including the adoption and enforcement of a child
protection policy, adequate and appropriate training for center-based staff and quality
center-based programs and services?
Is there a provision setting up a comprehensive juvenile justice program in accordance
with RA 9344, or the Juvenile Justice and Welfare Act as amended?
HEALTH
Are there provisions promoting specific heath programs that address the needs of
children across the life cycle (pre-birth, birth to adolescence)?
• Are there provisions promoting exclusive breastfeeding of up to six months and
complementary feeding from seven months onwards, and infant and young child
feeding, and other programs that address hunger and malnutrition? (Refer to

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 Kalusugan at Nutrisyon ng Mag-Nanay (Health and Nutrition of Mother and
Child) Act of 2018)

Are there provisions promoting children’s access to appropriate sexual and reproductive
health information and services, including sexuality education, especially those that help
prevent early pregnancy, HIV and AIDS and sexually transmitted diseases (STDs) especially
among young adolescents? (Refer to the Responsible Parenthood and Reproductive
Health Law and the Philippine HIV and AIDS Policy Act of 2018 [allowing HIV testing of
minors even without parental consent])
Are there provisions supporting relevant training and capacity building for health
professionals, community health workers, that include children’s rights and the respectful
treatment of children?
Are there provisions improving children’s access to water, sanitation and hygiene (WASH)
facilities that meet minimum standards?
EDUCATION
Are there provisions promoting and supporting early childhood and development (ECD)
programs, and 0-3 programming, including the implementation of non-center-based ECD
programs?
Are there provisions supporting programs to improve children’s access to quality formal,
non-formal and alternative basic education especially the most deprived and marginalized
(children with disabilities, LGBT children, young children, Muslim children, IP children,
children in conflict with the law, children in prostitution, working children, out-of-school
children, street children, children in poor communities, children relocatees, children in
disaster-prone and conflict-affected areas, unregistered/undocumented children, among
others)?
Are there provisions promoting and ensuring safe, hazard-free and violence-free schools,
day care centers and other learning institutions and facilities?
Are there provisions supporting relevant training and capacity building among day care
workers, teachers and school personnel that include application of children’s rights?
Is there a provision supporting the formation of pupil/student organizations, their projects
and activities, and their active participation in school governance?
Is there a provision supporting school health and nutrition programs, including WASH in
schools?
Is there a provision for hazard-free and child-friendly facilities or programs for recreation
and leisure activities of children of all ages, including libraries, parks, playgrounds, and
spaces for children’s clubs?
Is there a provision regarding Children’s Month and Children’s Day celebration in
accordance to RA 10661?
Is there a provision supporting the access to education of working children and out-of-
school youth?
Is there a provision providing medical and auxiliary services for children with disabilities
(CWDs)?
Note: Auxiliary services include aids and services to facilitate CWDs’ learning process (per
definition in RA 7277, or the Magna Carta for Disabled Persons).

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 HUMANITARIAN EMERGENCIES
Are there provisions supporting the conduct of needs assessment among children
immediately after a disaster, and the use of the results to inform the Local Government’s
humanitarian response?
Are there provisions promoting the rights and well-being of children (especially those who
are marginalized) in the preparedness, response, recovery and rehabilitation phases of
emergencies?
Is there a provision for setting up mechanisms for coordinating the effective delivery of
basic services for children during preparedness, response, recovery and rehabilitation
phases of emergencies?

RISK REDUCTION AND RESILIENCE

Are there provisions supporting the conduct of risks (including security and protection
risks) and hazards-vulnerabilities-capacity assessments (HVCAs) with children and in using
the results to inform risk reduction plans and strategies?
Are there provisions strengthening children’s participation in disaster risk reduction (DRR)
and climate change adaptation (CCA)?
Are there provisions supporting the incorporation of children’s concerns in local DRRM
and local CCA plans and budgets?
Are there provisions supporting social protection programs (such as cash transfers and
financial assistance), anti-poverty and livelihoods programs that will support children and
their families to ensure that they enjoy a dignified standard of living?
RELOCATION AND DISPLACEMENT (for highly urbanized cities, urban resettlement sites,
areas with displaced communities due to disasters)
Is there a provision/s promoting children’s well-being and protecting children’s rights
during demolitions; and before, during and after relocation?
Is there a provision/s ensuring that children’s needs are considered in the design and
construction of housing units, and in the development of common spaces?
Is there a provision/s for consultations with children before, during and after the
relocation process?
Is there a provision/s for social protection programs for families who have been recently
relocated?
Is there a provision ensuring that children and families affected by displacement and
relocation have full access to basic services, including child-focused services and basic
utilities?
Is there a provision for setting up and maintaining a database /information system, and a
system for documenting the movement of children and monitoring children’s situation
before, during and after relocation?
GENERAL MEASURES FOR CRC IMPLEMENTATION
Is there a provision/s for assessing the potential impact of a proposed government policy
and other decisions on children and their enjoyment of their rights, and the use of the
results to inform proposed policy measures?

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 Are there provisions for strengthening and ensuring resources for the local councils for
the protection of children (LCPCs) and the barangay councils for the protection of children
(BCPCs), and other inter-agency mechanisms?
Refer to Annex E for additional measures to strengthen the existing LCPC
Are there provisions strengthening children and civil society’s participation in the LCPCs
and BCPCs?
Is there a provision/s supporting the establishment and maintenance of a comprehensive
information system/database and monitoring system for children and on children’s
situation?

Is there a provision/s supporting education and awareness raising on children’s rights

among children, adults and the general public?

Is there a provision supporting increased investment in children’s programs?

Refer to Annex F for appropriations and budget provisions

CHEKLIST FOR RED TAGGED PROVISIONS – These are provisions that should not be included in the Code.

Are there provisions that violate any of the provisions of the CRC?

• Have negative/adverse impact on children’s health and education and development?

• Expose children to all kinds of risks, abuse, exploitation and violence?
• Discriminate against children in general, or specific groups of children (children with
disabilities, LGBBT children, girls, young children, Muslim children, children in indigenous
communities, children in conflict with the law, children in prostitution, working children, out-
of-school children, street children, children in poor communities, children relocatees, among
others), including on the basis of religion, sexual identity, gender orientation, gender
expression and specific condition or circumstance (e.g. Children living with HIV and AIDS,
pregnant girls, unregistered/undocumented children)
• Hinder children’s access to appropriate information, freedom of opinion and expression,
freedom of association, right to privacy and right to participation
Does the provision support or justify the use of corporal punishment of children?

Does the provision support the distribution of breastmilk substitutes including during
emergencies?

Does the provision support or justify child marriage, female genital mutilation and other harmful
traditional practices?

Does the provision support business practices and other practices that pose risks to children and
communities, and damage the environment?

Does the provision penalize children for “status offenses,” or acts that are considered a violation
or a crime solely on the basis of age? This means that such acts are not considered an offense or a
crime if committed by adults. Status offenses are a form of age discrimination.

Example: curfew violation, anti-truancy, anti-vagrancy, use of alcohol, membership in gangs,

begging, running away, simple disobedience or misbehavior

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 Are there provisions that are inconsistent or contradictory to existing laws or other existing
policies?

Examples:
• Provision for the distribution of breastmilk formula, which contradicts the Milk Code
• Detention of children in conflict with law, which contradicts the Juvenile Justice and
Welfare Act (JJWA)
Is there a provision for the drafting and adoption of implementing rules and regulations as
prerequisite for the implementation of the code?

It is advisable that such provision is not included as this leads to unnecessary delay in
implementation. It is preferred that mechanisms and specific measures for implementing the Code
are already specified in the Code itself.

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RECOMMENDED MINIMUM PROCESS FOR THE REVIEW AND
DRAFTING OF THE LOCAL CHILDREN’S WELFARE CODE

Main objective: Develop a draft Code that is consistent with the NOTE:
principles and provisions of the CRC and that incorporates the Consultants can be
analysis and recommendations coming directly from children, CSOs commissioned to:
and other key stakeholders
• conduct the mapping and
Objectives of the process: review of policies
1. Build champions for child rights and good governance among • facilitate some of the
LGUs workshops and the policy
2. Build constituency and solidarity for children’s rights among writeshops
CSOs (and children) • Consolidate results, prepare
3. Serve as an entry point for LGU and CSO engagement the draft policy, and finalize
4. Meaningfully involve children in policy making the proposed policy

STEPS/ACTIVITIES METHODOLOGY/PROCESS OUTPUT TOOLS

1. Capacity Building This can be incorporated within Increased Modules/Session
on CRC and Good the consultations and workshops awareness and guides on CRC
Governance for with children, CSOs and LGUs; appreciation of and good
Child Rights consultations with LGUs should CRC and good governance for
include barangay LGUs. governance for child rights
child rights
• Orientation sessions
framework and its
• Structured learning
relevance to policy
exercises
• Reflection sessions
2. Child Rights Note: One workshop or
Situational consultation can already cover all
Analysis (CRSA) three aspects of the CRSA
2.1. Analysis of • Secondary data collection Analysis of key Data collection
children’s • Joint issue analysis child rights issues tools
situation workshops with LGUs and Session guides
(including key CSOs and
child rights • Consultations with children documentation
issues) in the tools for
locality workshops and
consultations
2.2. Mapping and • Inventory and content Analysis matrix of Policy review
review of analysis of policies existing checklist
existing local • Assessment workshops with policies/ordinances Session guides
policies and LGUs and CSOs Policy gaps and
ordinances for • Consultations with children identified documentation
or related to tools for
children to Policy
identify policy recommendations workshops and
consultations
provisions and
gaps

10
 STEPS/ACTIVITIES METHODOLOGY/PROCESS OUTPUT TOOLS
2.3. Assessment of • Assessment workshops with Implementation Session guides
implementation LGUs and CSOs gaps and issues and
of existing • Consultations with children identified documentation
policies and tools for
Recommendations
programs workshops and
to improve
consultations
implementation
3. Policy • Joint policy writeshops with Draft policy Policy review
Development LGUs and CSOs incorporating checklist
recommendations
and meeting
minimum standard Local Children’s
content Code template
4. Stakeholder • Separate consultations with Recommendations Session guide
consultations CSOs and children to improve policy for the
content consultations
(recommendations Documentation
to add, delete or
tool
maintain)
5. Action planning • Action planning workshops Joint action plan to Session guide
for the enactment with LGU champions and follow through for the action
of the Code CSOs with the adoption planning
of the proposed workshop
Code Action plan
template
Memorandum of MOU template
Understanding
(MOU) among
CSOs, and
between CSOs
and LGUs

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ANNEXES

ANNEX A: Children’s Rights

I. Child Rights Core Principles:

1. Right to Life, Survival and Development – Every child has the inherent right to life, survival and
development that includes physical, mental, emotional, social and cultural aspects of the child’s
well-being.
2. Best Interests of the Child – All decisions and actions of governments in all level of governing
bodies including courts of law, administrative authorities, legislative bodies and both public and
private social organizations must be done with the best interest of the child as paramount
consideration.
3. Non-discrimination – Governments shall ensure that all children and young people are able to
enjoy their rights irrespective of their or their parents’ or legal guardian’s race, color sex,
language, religion, political or other opinion, nationality, ethnic or social origin, property,
disability, birth or other status.
4. Participation Rights and Respect for the Views of the Child – Children have the right to be heard
and participate on all matters that affect them. The child’s views shall be given due weight in
accordance with age and maturity, including age appropriate and relevant information.
II. Substantive Rights of Children

For consistent and clear organization of the Rights of the Child, consider separate ARTICLES in the Code for
each category of rights which should be further expanded/elaborated.

ARTICLE ___ Children’s Survival Rights

ARTICLE ___ Children’s Development Rights
ARTICLE ___ Children’s Protection Rights
ARTICLE ___ Children’s Participation Rights

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ANNEX B: International Legal Instruments and Relevant Philippines Laws

The Code should be anchored on the following: (ADD as needed)

• 1987 Philippine Constitution
• United Nations Convention on the Rights of the Child (UN-CRC) and other international human
rights instruments
• UN Convention on the Elimination of All Forms of Discrimination Against Women
• UN Convention on the Rights of Persons with Disabilities
• Child and Youth Welfare Code of the Philippines, As Amended (PD 603)
• Special Protection of Children Against Abuse, Exploitation, and Discrimination Act, As Amended (RA
7610)
• Juvenile Justice and Welfare Act of 2006, as Amended (RA 9344)
• Violence Against Women and their Children Act of 2004 (RA 9262)
• Anti-bullying Law
• Anti-child Pornography Act
• Children’s Emergency Relief and Protection Act of 2016 (RA 10821)
• Special Protection of Children in Situations of Armed Conflict (RA 11188)
• Anti-Trafficking in Persons Act, As Amended (RA 9208)
• Magna Carta of Women
• Manga Carta for Disabled Persons
• An Act Allowing Illegitimate Children to Use the Surname of their Father (RA 9255)
• Anti-Rape Law of 1997 (RA 8353)
• Anti-Sexual Harassment Act of 1995 (RA 7877)
• Family Code of the Philippines (EO 209)
• Labor Code of the Philippines, as Amended (PD 442)
• ILO Convention 59, 77, and 90
• Revised Penal Code, Art 273 and 278
• National ECCD Law
• Early Years Act (RA 10410)
• Philippine HIV and AIDS Policy Act of 2018 (allowing HIV testing of minors even without parental
consent)
• Foster Care Act of 2012
• Responsible Parenthood and Reproductive Health Act of 2012
• Kalusugan at Nutrisyon ng Mag-Nanay (Health and Nutrition of Mother and Child) Act of 2018

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ANNEX C: Anti-Corporal Punishment and Promotion of Positive Discipline

Corporal punishment refers to punishment or penalty for an offense or imagined offense, and/or acts
carried out for the purpose of discipline, training or control, inflicted' by an adult or by another child, who
has been given or has assumed authority or responsibility for punishment or discipline. It includes physical
and humiliating or degrading punishment.
Physical punishment includes acts such as but not limited to:
(1) Blows to any part of a child's body, such as beating; kicking; hitting; slapping; lashing; with or
without the use of an instrument such as a cane, shoes, broom, stick, whip or belt;
(2) Pinching; pulling ears or hair; shaking; twisting joints; cutting and shaving hair; cutting or piercing
skin; carrying, dragging or throwing a child;
(3) Forcing a child, through the use of power, authority or threats, to perform physically painful or
damaging acts, such as holding a weight or weights for an extended period; kneeling on stones, salt
or pebbles; squatting; standing or sitting in a contorted position;
(4) Deliberate neglect of a child's physical needs, where this is intended as punishment
(5) Use of external substances, such as burning or freezing materials, water, smoke, pepper, alcohol,
excrement or urine;
(6) Confinement, including being shut in a confined space or material, tied up, or forced to remain in
one place for an extended period of time;
(7) Any other physical act perpetrated on a child's body, for the purpose of punishment or discipline,
intended to cause some degree of pain or discomfort, however light

Humiliating and degrading punishment includes acts such as but not limited to:
(1) Any threat of physical punishment;
(2) Verbal assaults, threats, or intimidation
(3) Verbal abuse, yelling, swearing, name-calling, ridiculing or denigrating;
(4) Child made to look or feel foolish in front of one's peers or the public; and
(5) Other acts or words which belittle, humiliate, blame, ignore, or isolate the child.
(6) Use of hazardous. tasks as punishment or for the purpose of discipline, including those that are
beyond a child's strength or bring him or her into contact with dangerous or unhygienic substances;
such tasks include sweeping or digging in the hot sun or rain; using bleach or insecticides;
unprotected cleaning of toilets;

Positive discipline is a way of thinking and a holistic, constructive, pro-active approach to parenting or
teaching that helps children develop appropriate thinking and behavior in the short and long term and
fosters self- discipline. It is based on the principles of children’s rights and child development, on the
respect for the child’s dignity and physical integrity, and the principles of effective teaching.

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ANNEX D: Children in Emergency Situations

Relevant provisions from the Children’s emergency Relief and Protection Act
a. In accordance with the state policy to protect the fundamental rights of the child before, during and
after disasters and other emergency situations, the Province, through the PSWDO shall adopt a
Comprehensive Emergency Program for Children, which shall immediately take effect upon
declaration of state of calamity or occurrence of any other emergency situation.

b. Evacuation centers should be established and safe locations should be identified as evacuation
centers for children and families. Only in cases where there is no other safe and available option for
an evacuation center may a school or child development center be utilized as an evacuation center.
1. If schools or child development centers are used as an evacuation center, spaces which are not
utilized for instructional purposes (basketball courts, gymnasiums, activity halls, quadrangles,
etc.) should be used first. Classrooms shall only be used as a last resort.
2. The use of the school or child development center as evacuation center should be as brief as
possible. When the use is predicted to exceed fifteen (15) days, the affected LGU shall observe
the procedures and mandates of the Joint Memorandum Circular (JMC) No. 1 on Guidelines on
Evacuation Center Coordination and Management.

c. In instances of long-term displacement, the Province in coordination with the concerned national
government agency, shall ensure that transitional shelters are available for orphaned, separated and
unaccompanied children. Transitional shelters must have gender-specific latrines, bathing cubicles,
and hand washing facilities specifically designated for children.
d. Maternal and newborn and infant care rooms shall be made available to ensure that mothers and
their children are protected and have space to feed, care and ensure right to privacy.

e. The Provincial Government must facilitate and ensure the immediate delivery of basic necessities and
services for the affected children considering different stages of development.
1. Access to basic health services, food, water, nutrition, medicines, clothing, sanitary and hygiene
kits and other emergency needs such as blankets, mosquito nets, cooking ware and fuel and
flashlights.
2. Special priority shall be given to the specific health and nutrition needs of pregnant women,
lactating mothers, newborn babies, children under five years old and children with special
needs.

f. In coordination with PNP and the AFP, concerned national government agencies, NGOs and members
of the civil society, the Province shall establish mechanisms to ensure the safety and protection of
affected children against all forms of abuse and exploitation. Such mechanism must include stronger
measures to prevent child trafficking, labor and prostitution and effectively respond to cases of
violence, abuse and exploitation of children.

g. The Province in coordination with the regional or provincial DOH and DWSD office, shall provide
health, medical and nutritional needs including psychosocial interventions for children affected by
disasters and emergencies.

h. In coordination with DepEd Division office, and the regional or provincial DILG and DSWD offices, the
Province must ensure the prompt resumption of educational services for children, including
childhood care and development for children below the age of five (5).

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 i. The Province shall ensure that Child Friendly Spaces (CFS) are set-up and made available throughout
the duration of the emergency situation in every city or municipality declared under the state of
calamity.

j. In accordance with the existing legal instruments, the Province must ensure that children’s rights to
survival, development, protection and participation are met through:
1. Providing child-centered and child-responsive training for all responders on proper procedures
and measures in conducting assessments, child safeguarding and child protection, and various
psychosocial interventions.
2. Ensuring that children are provided with adequate access to information suitable to their age and
capacities regarding their roles and those of the government before, during and after disasters
and emergency situations;
3. Providing for an effective mechanism for children to meaningfully participate in DRRM-CCA
programs, planning, training, capacity-building and other activities;
4. Consulting with the affected children on their needs and priorities for post-disaster relief and
recovery.

k. In coordination with the regional or provincial DSWD office and other relevant agencies, the
Provincial Government shall adopt a mechanism and guidelines for Family Tracing and Reunification
System for orphaned, separated, and unaccompanied children.

l. In coordination with Provincial Civil Registry, the Province shall ensure a system of restoring civil
registry documents of children and families affected by disasters and emergency situations. Similar
system must also be adopted in coordination with DepEd Division office for educational documents.
For areas declared under state of calamity, processing fees for restoration of civil and educational
documents must be waived.

m. The Province, in coordination with concerned agencies must ensure that disaggregated data (by age,
gender, ethnicity and special needs) for children and pregnant women are made available to
understand and better respond to the specific needs of children and pregnant women during
disasters and emergency situations.

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ANNEX E: Additional Measures to Strengthen the Existing LCPC

On composition of the LCPC

(1) Three (3) child representatives in the council, with the selection process clearly stated.
(2) Increase NGO / PO / CSO representatives to include inter-faith groups and other sectors or groups
working for children’s welfare

Creating an Emergency Child Protection Core Group

- The LCPC should establish an Emergency Child Protection Core Group to be appointed among its
members.
- The Emergency Child Protection Core Group is activated in instances of declaration of state of
calamity and during other emergencies.
- Functions of the Emergency Child Protection Core Group shall include but not limited to:
(1) Conduct child-centered post disaster needs assessment.
(2) Establish and monitor child protection help desks and action centers in an emergency
area and/or evacuation centers within 24 hours of the emergency / calamity.
(3) Monitoring of child friendly spaces in evacuation centers / transitory sites
(4) Ensure prioritization of needs of children, pregnant and lactating mother and children
with special needs.

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ANNEX F: Budgeting for Children

The UN Committee on the Rights of the Child issued General Comment No. 19 on Public Budgeting for the
Realization of Children’s Rights, which aims to guide government in budgeting and spending public funds
for children’s needs and concerns, in accordance with the principles and provisions of the UN Convention
on the Rights of the Child and universal human rights standards.

Article 4 of the Convention on the Rights of the Child states that “States Parties shall undertake all
appropriate legislative, administrative, and other measures for the implementation of the rights recognized
in the present Convention. [and]…shall undertake such measures to the maximum extent of their
available resources and, where needed, within the framework of international cooperation.”

Principles of public budgeting for children’s rights

What Governments can do to improve government investment in children

• Prioritize the promotion, protection, and realization of children’s rights in the national and local
budgets
• Ensure that the best interests of the child are considered in budget decision making;
• Strengthen the information system on children with disaggregation to ensure that marginalized
and disadvantaged groups of children are visible;
• Conduct regular evidence-based planning, reporting, evaluation, and impact assessment of
programs and budget allocations for children;
• Ensure children’s participation in all stages of the budget process
• Develop a system for tagging budget lines that directly and indirectly contribute to the realization
of child rights

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How local children’s codes can strengthen public investment in children
• Include provision mandating all departments in the LGU to allocate 10% of their respective budgets
to child-focused programs/projects/activities.
• Pursuant to DILG Memorandum Circular 2012-120, appropriation in the LGU’s An nual Budget for
the strengthening and implementation of programs, projects and activities of the LCPC shall be at
least 1% of its Internal Revenue Allotment (IRA).
o Note that 1% is the minimum, the LGU can increase its allocation as it deems appropriate.
o Explore also tapping the SK budget or the budget for gender and development

Possible Sources of Funding for Children

• Internal Revenue Allotment
- 20% Local Development Fund (RA 7160/LGC)
- 1% LCPC budget (RA 9344 as amended/JJWA)
• SK Fund – 10% of the barangay general fun
• Education
- Special Education Fund/Local School Board budget (RA 7160)- 1% added to real estate taxes
- (Enhanced) School Improvement Plan (RA 9155; DepEd Order 44 s. 2015)
• Gender and Development (GAD) budget – 5% of the total LGU budget (RA 7192)
• Persons with disabilities (RA 9442; Magna Carta of PWDs) – 1% shared with senior citizens
• Local DRRM Fund – 5% of revenue from regular sources (RA 10121
- 30% Quick Response Fund
- 70% disaster prevention and mitigation, preparedness, response, rehabilitation and recovery
• People’s Survival Fund – (RA 10174; CC Act as amended)
• National agency budgets (DepEd budget for classrooms, 4Ps, National ECCD Budget, regional
budgets)

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