Rights of the Youth, Elderly,

Physically and Mentally Disabled

Persons
Capulong, Luis Raphael M.
YOUTH SECTOR
Who are the Youth?
• The United Nations defines 'youth' as persons aged between
15 and 24. However, this definition is flexible.
• According to the World Youth Report (2018), there are 1.2
billion young people aged 15 to 24 years, accounting for 16
per cent of the global population. 
Four Groups of the Youth Sector
In-school Youth
• They are those attending formal schools or non-formal schools
with educational programs.
• They are usually involved in issue-oriented groups, fraternities,
sororities, and religious societies.
• Aggressive in their rights.
• In some instances, their groups become breeding grounds for
illegal activities and violence.
Out of School Youth
• They are usually unemployed, belonging to families who
cannot afford or have neglected to send them to schools.
• A vulnerable sector.
Working Youth
• Usually unskilled.
• Usually not aware of their right.
• A vulnerable sector.
Special Youth
• Youth from the indigenous peoples.
• Victims of discrimination.
• A vulnerable sector.
LOCAL LAWS THAT PROTECT AND UPHOLD
THE RIGHTS OF THE YOUTH
 R.A. No. 8044
• The Youth in Nation Building Act in 1995
• It created the  National Youth Commission.
• “Youth” shall refer to those persons whose ages range from
fifteen (15) to thirty (30) years old
R.A. No. 8044
 Objectives:
a) to provide the leadership in the formulation of policies and in the
setting of priorities and direction of all youth promotion and
development programs and activities;

b) to encourage wide and active participation of the youth in all

governmental and non-governmental programs, projects and
activities affecting them;

c) to harness and develop the full potential of the youth as partners

in nation-building; and

d) to supplement government appropriations for youth promotion

and development with funds from other sources.
R.A. No. 8049 as amended by R.A.
No.11053
• Anti-Hazing Act of 2018

• Hazing refers to any act that results in physical or psychological

suffering, harm, or injury inflicted on a recruit, neophyte,
applicant, or member as part of an initiation rite or practice made
as a prerequisite for admission or a requirement for continuing
membership in a fraternity, sorority, or organization.

• Initiation or Initiation Rites refer to ceremonies, practices, rituals,

or other acts, weather formal or informal, that a person must
perform or take part in order to be accepted into fraternity,
sorority, organization as a full-fledged member. It includes
ceremonies practices , rituals, and other acts in all stages of
membership in a fraternity, sorority, or organization.
R.A. No. 8049 as amended by R.A.
No.11053
• All forms of hazing shall be prohibited in fraternities,
sororities, and organizations in schools, including citizens'
military training and citizens' army training. This prohibition
shall likewise apply to all other fraternities, sororities, and
organizations that are not school-based, such as community-
based and other similar fraternities, sororities and
organizations.
R.A. No. 7722
• The act that created the Commission on Higher Education.

• It aims to protect, foster and promote the right of all citizens to affordable
quality education at all levels and shall take appropriate steps to ensure
that education shall be accessible to all. The State shall likewise ensure and
protect academic freedom and shall promote its exercise and observance
for the continuing intellectual growth, the advancement of learning and
research, the development of responsible and effective leadership, the
education of high-level and middle-level professionals, and the enrichment
of our historical and cultural heritage.

• State-supported institutions of higher learning shall gear their programs to

national, regional or local development plans. Finally, all institutions of
higher learning shall exemplify through their physical and natural
surroundings the dignity and beauty of, as well as their pride in, the
intellectual and scholarly life.
R.A. No. 7796
• “Technical Education and Skills Development Act of 1994” or the “TESDA Act
of 1994”.

• It is the goal and objective of this Act to:

a. Promote and strengthen the quality of technical education and skills
development programs to attain international competitiveness;
b. Focus technical education and skills development on meeting the changing
demands for quality middle-level manpower;
c. Encourage critical and creative thinking by disseminating the scientific and
technical knowledge  base of middle-level manpower development
programs;
d. Recognize and encourage the complementary roles of public and private
institutions in technical education and skills development and training
systems; and
e. Inculcate desirable values through the development of moral character with
emphasis on work ethic, self-discipline, self-reliance and nationalism.
R.A. No. 7610
• Special Protection of Children Against Abuse, Exploitation and
Discrimination Act.

• It aims provide special protection to children from all firms of

abuse, neglect, cruelty exploitation and discrimination and
other conditions, prejudicial their development; provide
sanctions for their commission and carry out a program for
prevention and deterrence of and crisis intervention in
situations of child abuse, exploitation and discrimination. 
R.A. No. 7610
• "Comprehensive program against child abuse, exploitation and
discrimination" refers to the coordinated program of services and
facilities to protected children against:

(1) Child Prostitution and other sexual abuse;

(2) Child trafficking;

(3) Obscene publications and indecent shows;

(4) Other acts of abuses; and

(5) Circumstances which threaten or endanger the survival and normal

development of children.
R.A. No. 9344       
• Juvenile Justice and Welfare Act of 2006

• It raises the age of criminal responsibility from nine years of

age under Presidential Decree 603 to a minimum of 15 years
old. CICLs aged 15 and above are also exempted from criminal
liability unless the prosecution proves that they acted with
discernment — the capacity to distinguish right from wrong.
These child offenders are also afforded all the rights of a CICL
until he/she is proven to be eighteen (18) years old or older
under the “presumption of minority” rule. In all proceedings,
law enforcement officers, prosecutors, judges and other
government officials concerned are mandated to exert all
efforts at determining the age of the CICL.
R.A. No. 9344  
• Treatment of Children below the Age of Criminal
Responsibility
If it has been determined that the child taken into custody is 15
years old or below, the authority which will have an initial
contact with the child, in coordination with the Local Social
Welfare Development Officer (LSWDO), has the duty to
immediately release the child to the custody of his/her parents
or guardian, or in the absence thereof, to the child’s nearest
relative. If they cannot be located or they refuse to take custody
of the child, the CICL may be released to any of the following: a
duly registered nongovernmental or religious organization, a
barangay official or a member of the Barangay Council for the
Protection of Children (BCPC), LSWDO, or the Department of
Social Welfare and Development (DSWD).
R.A. No. 9344
Authorities which have initial contact with the child refer to law
enforcement officers or private citizens apprehending or taking
custody of the CICL.

If the LSWDO determines that the child is abandoned, neglected or

abused by his parents, and the best interest of the child requires
that he/she be placed in a youth care facility or “Bahay Pag-asa”,
the child’s parents or guardians shall execute a written
authorization for the voluntary commitment of the child. But if
there are no parents or guardians, or they will not execute it, the
LSWDO or the DSWD shall file the proper petition for involuntary
commitment. Only those who are at least 12 years old can be
committed to a youth care facility.
R.A. No. 9344
• Treatment of CICL Depending on Whether They Acted with or
without Discernment

The social worker using the discernment assessment tools developed

by the DSWD will come up with an initial assessment which is without
prejudice to the preparation of a more comprehensive case study
report. The local social worker can either release or commit the child
to a youth care facility if he/she is 15 years or below or above 15 but
below 18 years old but who acted without discernment. However, if
the child is above 15 years old but below 18 and who acted with
discernment, diversion should be implemented.
R.A. No. 9344
• Discharge of the Child in Conflict with the Law

When at the time of the commission of the offence, the child is

under 18 years old and subsequently he is found guilty of the
offence charged, the court shall place the CICL under suspended
sentence without need of application. Suspension of sentence shall
still be applied even if he/she is more than 18 years old at the time
of the pronouncement of his/her guilt.

The court shall impose the appropriate disposition measures in

consideration of the various circumstances of the CICL. Upon
recommendation of the social worker who has custody of the child,
the court shall dismiss the case if it finds that the objectives of the
disposition measures have been fulfilled.
INERNATIONAL LAWS THAT
PROTECT AND UPHOLD THE RIGHTS
OF THE YOUTH
The Convention on the Rights of the Child

• 4 core principles
1. Non-Discrimination
2. Best interests of the Children
3. The right to survival and development
4. The views of the child
United Nations Standard Minimum Rules for the
Administration of Juvenile Justice (The Beijing Rules)

• The United Nations Standard Minimum Rules for the

Administration of Juvenile Justice, often referred to as
the Beijing Rules, is a resolution of the United Nations General
Assembly regarding the treatment of juvenile prisoners and
offenders in member nations.
Declaration on the Promotion among Youth of the Ideals of
Peace, Mutual Respect and Understanding between Peoples
(1965)
• Principle I
Young people shall be brought up in the spirit of peace, justice, freedom,
mutual respect and understanding in order to promote equal rights for
all human beings and all nations, economic and social progress,
disarmament and the maintenance of international peace and security.

• Principle II
All means of education, including as of major importance the guidance
given by parents or family, instruction and information intended for the
young should foster among them the ideals of peace, humanity, liberty
and international solidarity and all other ideals which help to bring
peoples closer together, and acquaint them with the role entrusted to
the United Nations as a means of preserving and maintaining peace and
promoting international understanding and co-operation.
Declaration on the Promotion among Youth of the Ideals
of Peace, Mutual Respect and Understanding between
Peoples (1965)
• Principle III
Young people shall be brought up in the knowledge of the dignity
and equality of all men, without distinction as to race, colour,
ethnic origins or beliefs, and in respect for fundamental human
rights and for the right of peoples to self determination.

• Principle IV
Exchanges, travels, tourism, meetings, the study of foreign
languages, the twinning of towns and universities without
discrimination and similar activities should be encouraged and
facilitated among young people of all countries in order to bring
them together in educational, cultural and sporting activities in
the spirit of this Declaration.
Declaration on the Promotion among Youth of the Ideals
of Peace, Mutual Respect and Understanding between
Peoples (1965)
• Principle V
National and international associations of young people should be encouraged to promote
the purposes of the United Nations, particularly international peace and security, friendly
relations among nations based on respect for the equal sovereignty of States, the final
abolition of colonialism and of racial discrimination and other violations of human rights.

Youth organizations in accordance with this Declaration should take all appropriate
measures within their respective fields of activity in order to make their contribution
without any discrimination to the work of educating the young generation in accordance
with these ideals.

Such organizations, in conformity with the principle of freedom of association, should

promote the free exchange of ideas in the spirit of the principles of this Declaration and of
the purposes of the United Nations set forth in the Charter.

All youth organizations should conform to the principles set forth in this Declaration.
Declaration on the Promotion among Youth of the Ideals
of Peace, Mutual Respect and Understanding between
Peoples (1965)
• Principle VI
A major aim in educating the young shall be to develop all their
faculties and to train them to acquire higher moral qualities, to be
deeply attached to be noble ideals of peace, liberty, the dignity and
equality of all men, and imbued with respect and love for humanity
and its creative achievements.  To this end the family has an important
role to play.

Young people must become conscious of their responsibilities in the

world they will be called upon to manage and should be inspired with
confidence in a future of happiness for mankind.
Universal Declaration of Human Rights