COLLEGE OF CRIMINAL

HOLY ANGEL JUSTICE EDUCATION &

UNIVERSITY FORENSICS

WEEK 17

REPUBLIC ACT 10630 AND UNITED NATION DECLARATIONS

OVERVIEW

In this chapter, we will be discussing Republic Act 10630, which amended Republic
Act 9344, and other policies in the international level, specifically, the United Nation
Declarations.

TO DO LIST

Please do the following in sequential manner:

1. READ the notes in Republic Act 10630 and United Nation Declarations; and
2. ANSWER the given Activities.

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HOLY ANGEL JUSTICE EDUCATION &
UNIVERSITY FORENSICS

Promotion and protection of the rights of CAR and CICL under a restorative
justice and welfare system

 Other important provisions

 Automatic suspension of sentence
 Credit in the service of sentence
 Mandatory registry of CICL
 Confidentiality of records and proceedings
 Prohibited Acts
 Notification of PAO not later than 8 hours after apprehension
 No detention of CICL in jail pending trial or hearing of his/her case (Sec. 35, RA
9344 as amended)
 Custody of CICL pending trial
 PAO to obtain Order of Release from the Court if child is deprived of liberty

Standard Procedure in the Management of CAR and CICL Cases

 CICL exempt from criminal responsibility (15 years and below)

 CICL above 12 to 15 years old who committed a serious crime listed in the Act
 CICL above 12 to 15 years old but reported for repetition of offenses.
 CICL above 15 years but below 18 years of age who acted without discernment;
and
 CICL above 15 years but below 18 years of age who acted with discernment.
 CAR who violates status offenses and local ordinances under Sec. 57 and Sec.
57-A

Other Salient Features

o Discernment
o Diversion
 at the level of the law enforcement officer
 at the LSWDO
 Prosecutor or Judge
 Provides for the Rights of a CICL
 Sets the MACR at above 15 years old
 Mandates a Standard, Child-Sensitive Procedure in the Management of
CAR and CICL Cases from Initial Contact to Reintegration
 Enhanced Process Flowcharts
 Integrated Care Management Protocol
 LSWDO to conduct initial assessment
 Discernment assessment tool developed by the DSWD
 Information must allege that the child acted with discernment

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HOLY ANGEL JUSTICE EDUCATION &
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R.A. 9344 as amended by R.A. 10630

 Child – refers to a person under the age of 18 years

 CICL – refers to a child who is alleged as, accused of, or adjudged as, having
committed an offense under Philippine laws
 CAR – children who are vulnerable or at -risk of behaving in a way that can
harm themselves or others, or vulnerable and at risk of being pushed and
exploited to come into conflict with the law because of personal, family and
social circumstances

International Human Rights Instruments

The UN Convention on the Right of the Child (UN CRC)

Article 37 and Article 40, UN CRC
The UN Standard Minimum Rules for the Administration of Juvenile Justice-
Beijing Rules
Article 20 (1), Article 19 (1), Article 13(2) of the Beijing Rules
The UN Guidelines for the Prevention of Juvenile Delinquency - Riyadh
Guidelines

Salient Features of R.A. 9344, as amended by R.A. 10630

Art. 3, 1987 Philippine Constitution

Art. 2, Sec. 13 1987 Philippine Constitution

R.A. 9344 as amended by R.A. 10630

The UN agency for children

In the aftermath of World War II, the plight of Europe’s children was grave, and a new
agency created by the United Nations stepped in to provide food and clothing and
health care to these children. In 1953, UNICEF became a permanent part of the UN
and began a successful global campaign against yaws, a disfiguring disease affecting
millions of children, and one that can be cured with penicillin.

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Declaration of the Rights of the Child

In 1959, the UN General Assembly adopted the Declaration of the Rights of the
Child, which defines children’s rights to protection, education, health care, shelter, and
good nutrition.

Education

Following more than a decade of focus on child health issues, UNICEF

expanded its interests to address the needs of the whole child. Thus, began an abiding
concern with education, starting with support for teacher training and classroom
equipment in newly independent countries. In 1965, the organization was awarded
the Nobel Peace Prize “for the Promotion of brotherhood among nations.” Today,
UNICEF works in more than 190 countries and territories, focusing special effort on
reaching the most vulnerable and excluded children, to the benefit of all children,
everywhere.

Convention on the Rights of the Child

UNICEF's work is guided by the Convention on the Rights of the

Child (1989). The Convention is the most rapidly and widely ratified international
human rights treaty in history. The Convention changed the way children are viewed
and treated – i.e., as human beings with a distinct set of rights instead of as passive
objects of care and charity. The unprecedented acceptance of the Convention clearly
shows a wide global commitment to advancing children’s rights. Much has been
accomplished since the adoption of the Convention, from declining infant mortality to
rising school enrolment, but much remains to be done.

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State of the World's Children

Every child has the right to health, education and protection, and every society
has a stake in expanding children’s opportunities in life. Yet, around the world, millions
of children are denied a fair chance for no reason other than the country, gender or
circumstances into which they are born. Poverty affects children disproportionately.
Around the world, one out of five children live in extreme poverty, living on less than
US$1.90 a day. Their families struggle to afford the basic health care and nutrition
needed to provide them a strong start. These deprivations leave a lasting imprint; in
2019, 149 million children under the age of five were stunted.

Despite great progress in school enrolment in many parts of the world, more
than 175 million children are not enrolled in pre-primary education, missing a critical
investment opportunity, and suffering deep inequalities from the start. 6 out of 10 leave
primary school without achieving minimum proficiency levels in reading and
mathematics, according to a 2017 UNESCO report. This challenge is compounded by
the increasingly protracted nature of armed conflict.

Children and armed conflict

More than twenty years ago, the world united to condemn and mobilize against
the use of children in armed conflict. Since then, thousands of children have been
released as a result of Action Plans mandated by the UN Security Council and other
actions aimed at ending and preventing recruitment and use of children by armed
forces and groups. However, serious challenges for the protection of children affected
by armed conflict remain.

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Nearly 250 million children live in countries and areas affected by armed
conflict. In the Syrian Arab Republic, the nine-year conflict has caused the deaths of
400,000 people, according to estimates by the former Special Envoy for Syria, Staffan
de Mistura. More than 7,000 children were killed or maimed since the conflict erupted,
the UN verified. In Afghanistan in the first half of 2019, child casualties represented
almost one-third of the overall total of civilian casualties, with 327 deaths and 880
injured.

In Somalia, children continue to be the most affected by crises. More than 5,200
children were victims of grave violations, alone in 2018, and that is just the number of
reported cases. Children get recruited, used, killed and maimed. More than 3 million
remained out of school last year. Hundreds of thousands were malnourished.

Millions of children, many of whom are unaccompanied or separated from their

families are being displaced by armed conflict. These children are at a high risk of
grave violations in and around camps, and other areas of refuge. Action is urgently
required to alleviate the plight of children displaced by armed conflict and the
Secretary-General encourages Member States to respect the rights of displaced and
refugee children and to provide them with necessary support services.

Violence against children

The right of children to protection from violence is enshrined in the Convention

on the Rights of the Child and yet still one billion children experience some form of
emotional, physical, or sexual violence every year; and one child dies from violence
every five minutes.

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Violence against children knows no boundaries of culture, class or education.

It takes place against children in institutions, in schools, and at home. Peer violence
is also a concern, as is the growth in cyberbullying. Children exposed to violence live
in isolation, loneliness and fear, not knowing where to turn for help, especially when
the perpetrator is someone close. Children’s gender, disability, poverty, nationality or
religious origin may all increase the risk of violence with the youngest being especially
vulnerable as they are less able to speak up and seek support.

In 2006, the UN Study provided a set of recommendations on how to end

violence against children; and the Secretary-General appointed a Special
Representative to ensure their effective follow-up and to monitor implementation.

There has been some real progress: many states now have legislation to
prohibit physical, mental, and sexual violence and support victims; campaigns are
raising awareness of the negative impact of violence; and bullying, sexual violence
and harmful practices against children are being tackled. We also have more data on
the scale and nature of violence against children.

These are significant developments but much more needs to be done. The
inclusion of a specific target (16.2) in the 2030 Agenda has shown the world’s
commitment to end to all forms of violence against children. We must work urgently to
ensure that noble vision becomes a reality for every child.

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Children and the Sustainable Development Goals

For 15 years, the Millennium Development Goals (MDGs) were a guiding force
on many issues affecting the lives of children, young people and their families. Over
this time, tremendous progress was made in reducing preventable child deaths,
getting more children into schools, reducing extreme poverty and ensuring more
people have access to safe water and nutritious food.

However, progress has been uneven and many of the most pressing issues for the
world -- including addressing inequalities, promoting inclusive economic growth,
protecting children from violence and combating climate change -- were not
adequately covered in the MDGs.

With the adoption of the new Sustainable Development Goals (SDGs) in

September of 2015, world leaders have committed to ending poverty by 2030. But
unless accelerated efforts are made:

 Almost 52 million children may die before reaching their fifth birthday between
2019 and 2030.
 Children in sub-Saharan Africa will be 16 times more likely to die before their
fifth birthday than children in high-income countries.
 Nine out of 10 children living in extreme poverty will live in sub-Saharan Africa.
 More than 60 million primary school-aged children will be out of school –
roughly the same number as are out of school today. More than half will be from
sub-Saharan Africa.
 More than 150 million additional girls will marry before their 18th birthday by
2030.

These vast inequities and dangers do more than violate the rights and imperil
the futures of individual children. They perpetuate intergenerational cycles of
disadvantage and inequality that undermine the stability of societies and even the
security of nations everywhere.

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HOLY ANGEL JUSTICE EDUCATION &
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Children and the UN system

From the focus on education of the United Nations Educational, Scientific and
Cultural Organization (UNESCO), to the efforts of the International Labor
Organization (ILO) to abolish child labor, to the Children and Youth Program of the UN
Relief and Works Agency for Palestine Refugees in the Near East (UNRWA), to the
nutritional work for mothers and young children provided by the World Food
Program (WFP), to disease-eradication campaigns by the World Health
Organization (WHO), the UN system is there for children.