Photo from Unsplash | Cris Tagupa
The following post does not create a lawyer-client relationship between Alburo Alburo and Associates Law Offices (or any of its lawyers) and the reader. It is still best for you to engage the services of a lawyer or you may directly contact and consult Alburo Alburo and Associates Law Offices to address your specific legal concerns, if there is any.
Also, the matters contained in the following were written in accordance with the law, rules, and jurisprudence prevailing at the time of writing and posting, and do not include any future developments on the subject matter under discussion.
AT A GLANCE:
The first Monday of October of each year is declared as universal children’s day in the Philippines. (Proclamation No. 265, s. 1967)
The law says:
“WHEREAS, our country is one of the staunchest supporters of the UNITED NATIONS CHILDREN’S FUND and at the same time one of the best assisted countries in its programmes benefitting our mothers and children through projects on health, disease control, applied nutrition, education, and family and child welfare services; and
WHEREAS, the United Nations General Assembly has requested all countries to observe “a day of world-wide fraternity and understanding between children and of activity devoted to the promotion of the ideals and objectives of the Charter and the welfare of the children of the world, and to the strengthening and broadening of the efforts made by the United Nations in favour and on behalf of all children of the world”” (Proclamation No. 265, s. 1967)
Universal Children’s Day is a day dedicated to promote and recognize the rights of children. The Proclamation No. 265, s. 1967 serves as a response to the call of the United Nations General Assembly, which recommended that all countries should have a Universal Children’s Day.
Since the proclamation of Universal Children’s Day, the Philippines has undertaken commendable measures in safeguarding the rights of children. Various government agencies, non-governmental organizations, and civil society groups have worked together to formulate and implement policies and programs aimed at protecting children’s rights.
The 1987 Constitution of the Philippines upholds the rights of children, recognizing them as a vulnerable and special sector of society. Here are some of the key provisions that safeguard the rights of children:
Article II, Section 13:
“The State recognizes the vital role of the youth in nation-building and shall promote and protect their physical, moral, spiritual, intellectual, and social well-being.”
Article XIII, Section 13:
“The State shall establish a special agency for children which shall be responsible for the formulation and implementation of policies and programs for the welfare of children.”
Article XV, Section 3:
“The State shall defend: (1) The right of children to assistance, including proper care and nutrition, and special protection from all forms of neglect, abuse, cruelty, exploitation and other conditions prejudicial to their development; (2) The right of children to be brought up in an atmosphere of morality and rectitude for the enrichment and strengthening of character.”
Article XV, Section 5:
“The State shall recognize the right of spouses to found a family in accordance with their religious convictions and the demands of responsible parenthood.”
Article XV, Section 6:
“The State shall strengthen the family as a basic autonomous social institution. It shall equally protect the life of the mother and the life of the unborn from conception.”
Article XV, Section 8:
“The State shall ensure that children are not employed, discriminated against, or placed in situations hazardous to their life, normal development, physical, mental, moral, or social well-being.”
Further, in the Philippines, several laws have been enacted to protect and uphold the rights of children. Some of the key legislation include:
Republic Act No. 7610 (Special Protection of Children Against Abuse, Exploitation and Discrimination Act):
This law provides for the special protection of children against abuse, exploitation, and discrimination. It covers various forms of abuse, including physical, emotional, and sexual abuse, as well as neglect, and sets penalties for violators.
Republic Act No. 9344 (Juvenile Justice and Welfare Act of 2006):
This law focuses on the treatment and rehabilitation of children in conflict with the law, promoting their well-being and reintegration into society. It established a comprehensive juvenile justice system that seeks to divert children from the formal court process.
Republic Act No. 9262 (Anti-Violence Against Women and Their Children Act of 2004):
While primarily focused on women, this law also addresses the rights of children by recognizing them as victims in cases of violence against women. It provides protection and support for children affected by domestic violence.
Republic Act No. 9775 (Anti-Child Pornography Act of 2009):
This law criminalizes child pornography and provides penalties for its production, distribution, and possession. It aims to protect children from exploitation through the creation and circulation of pornographic materials involving minors.
Republic Act No. 10630 (Amending RA 9344, Strengthening the Juvenile Justice System):
This amended law further strengthens the juvenile justice system, enhancing the protection and rights of children in conflict with the law. It provides for the establishment of Bahay Pag-asa centers and improves procedures for handling cases involving children.
Republic Act No. 10364 (Expanded Anti-Trafficking in Persons Act of 2012):
While addressing human trafficking in general, this law specifically protects children from trafficking and exploitation. It provides for the prevention, protection, and rehabilitation of child victims of trafficking.
Republic Act No. 10661 (National Children’s Month Act):
This law designates the month of November as National Children’s Month, promoting awareness of children’s rights and issues, and encouraging activities that support their welfare.
Republic Act No. 11188 (Special Protection of Children in Situations of Armed Conflict Act):
This law provides for the special protection of children affected by armed conflict, ensuring their safety, well-being, and access to necessary services.
These laws, among others, aim to ensure the protection, development, and well-being of children in the Philippines. They establish a legal framework to safeguard their rights, providing penalties for violations and promoting their overall welfare. Universal Children’s Day is more than just a celebration; it is a reminder of the ongoing fight to protect the rights and well-being of children.
Read also: Children’s Week (Proclamation No. 190, Series of 1964)
Alburo Alburo and Associates Law Offices specializes in business law and labor law consulting. For inquiries regarding taxation and taxpayer’s remedies, you may reach us at info@alburolaw.com, or dial us at (02)7745-4391/0917-5772207.
All rights reserved.