REVIEW on

HUMAN RIGHTS
vis-à-vis Children’s Rights

Sharon May Sales-Belisario

Associate City Prosecutor
NPS-IX, DOJ/SBATTF Member
Definition of HUMAN RIGHTS

“Rights that belong to an

individual simply as a
consequence of being human.
Human rights can be defined as
follows: “any basic right or
freedom to which all human
beings are entitled and in whose
exercise a government may not
interfere”
CHR Definition:
SEVEN (7) Basic Characteristics
of Human Rights:
1. INHERENT – Innate, natural,
inborn in us. They are not
granted by any authority. They
do not need any event for their
existence.

2. FUNDAMENTAL – They are

basic, essential, primary. Without
them, the life and the dignity of
man will be meaningless.
3. INALIENABLE – They cannot be
separated, transferred or taken away
from an individual. They cannot be
given away or be forfeited.

4. UNIVERSAL – Human rights belong

to all people regardless of their sex,
race, color, language, national origin,
age, class, religion, or political beliefs.
They apply equally and without
discrimination to all human beings
everywhere;
5. INDIVISIBLE – They cannot be divided
and cannot be denied even when other
rights have already been enjoyed;
6.INTER-RELATED AND
INTERDEPENDENT
– They become sources of other rights. It is
necessary to respect and protect all
rights equally because rights are not only
considered as having the same
importance, but the violation of one right
can affect the protection of others;
7. IMPRESCRIPTIBLE – no time limit.
TWO (2) BASIC PHILOSOPHICAL
FOUNDATIONS OF HUMAN RIGHTS

 RATIONALITY – Reasoning
and rationalizing every thing
and/or every action.

 FREEDOM – The exercise or

use of free will.
 IS
FREEDOM
ABSOLUTE?
No, freedom is not absolute.

“The rights of others put

limitations on my own
freedom. I only have my
freedom for as long as I am
not transgressing on the
freedom of others.”
DIMENSIONS OF HRBA

HR
Principles

Rights- RIGHTS Duty-

holders Bearers

HR
Standards
 State (Government) Obligations to Human
Rights Protection and Promotion

 Obligation to RESPECT

 Obligation to PROTECT

 Obligation to FULFILL

 Obligation to PROMOTE HUMAN RIGHTS

 Obligation of CONDUCT Obligation of

RESULT
Some Provisions under R.A. 7610
"Special Protection of Children
Against Abuse, Exploitation and
Discrimination Act."
What is a child?
A person below eighteen (18)
years of 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
WHAT IS CHILD ABUSE?
It refers to the maltreatment, whether habitual
or not, of the child which includes any of the
following:

(1) Psychological and physical abuse, neglect,

cruelty, sexual abuse and emotional
maltreatment;

(2) Any act by deeds or words which debases,

degrades or demeans the intrinsic worth and
dignity of a child as a human being;
 (3) Unreasonable deprivation of his basic needs
for survival, such as food and shelter; or

 (4) Failure to immediately give medical treatment

to an injured child resulting in serious
impairment of his growth and development or
in his permanent incapacity or death.
"Circumstances which gravely threaten or
endanger the survival and normal
development of children" include, but are
not limited to, the following;
 (1) Being in a community where there is
armed conflict or being affected by armed
conflict-related activities;

 (2) Working under conditions hazardous

to life, safety and normal which unduly
interfere with their normal development;
 (3) Living in or fending for themselves in
the streets of urban or rural areas without
the care of parents or a guardian or basic
services needed for a good quality of life;

 (4) Being a member of a indigenous

cultural community and/or living under
conditions of extreme poverty or in an
area which is underdeveloped and/or lacks
or has inadequate access to basic services
needed for a good quality of life;
 (5) Being a victim of a man-made or
natural disaster or calamity; or

 (6) Circumstances analogous to those

abovestated which endanger the life,
safety or normal development of children.
 Section 5. Child Prostitution and Other
Sexual Abuse;

 Section 6. Attempt To Commit Child

Prostitution;

 Section 7. Child Trafficking;

 Section 8. Attempt to Commit Child
Trafficking;

 Section 9. Obscene Publications and

Indecent Shows;

 Section 10. Other Acts of Neglect, Abuse,

Cruelty or Exploitation and Other
Conditions Prejudicial to the Child's
Development;
 Section 28. Protective Custody of the
Child. –

The offended party shall be

immediately placed under the protective
custody of the Department of Social
Welfare and Development (DSWD).