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TITLE                               :                  " Children's Rights are Human Rights "
                                  
 (Accomplishments on Inter-Agency Program, Children's                                                                                                         Sector of the Commission on Human Rights-XI)


LEAD AGENCY
              :               Department of Social; Welfare and Development,                                                                                                           Regional Office XI ( DSWD-XI ), the lead agency of the 
                                                         Regional Sub-Committee for the Welfare of Children

PARTNER AGENCIES
  :            The Commission on Human Rights-XI ( CHR-XI )
                                                         National  Economic and Development Authority ( NEDA )
                                                         Department  of the Interior and Local Government-XI ( DILG-XI )
                                                         Department of Labor and Employment-XI ( DOLE-X I)
                                                         Department of Health ( DOH )
                                                         Philippine Information Agency-XI ( PIA-XI )
                                                         Department of Agriculture-XI ( DA-XI )
                                                         Philippine National Police-XI ( PNP-XI )
                                                         National Commission on Indigenous Peoples ( NCIP )
                                                         KABIBA and the Provinces and Cities of Region-XI .

BACKROUND/OVERVIEW:

        The CHR-XI has been an active member of the Regional Sub-Committee for the Welfare of Children (RSCWC-XI), and the Technical Working Group (TWG) thereof since 1993.   The sub-committee is under the Social Development Committee (SDC) of the Regional Development Council-XI (RDC-XI), and, has the fundamental role of coordinating programs on children. The RSCWC-TWG, spear heads the mainstreaming of children's rights and Child 21.

         As a concrete testimony of the Sub-Committee's cohesiveness and collaborative attitude, under the auspices of the United Nations Children's Fund (UNICEF) it has come up with the Training Manual on Crafting a Local Children Welfare Code.   The manual was already tested in a couple of regions. Upon their formal request, the RSCWC-XI team was invited by Regions X and later Caraga (Region XIII) to give technical assistance to their RSCWCs in coming up with the Four (4) Gifts. The common effort of the RSCWC-TWG team members made the undertaking trouble-free. This regional office is instrumental in preparing Modules 1 and 6 of the manual. A copy of the two(2)-volume guidebook is herein attached to form part of this documentation.

       The office is also a member of the Regional Child Labor Committee-XI (RCLPC-XI), The Sagip Bata Manggagawa and the Quick Response Team for Children's Concerns of Davao City, Davao City Council for the Welfare of Children, and the Technical Group for the amendment of the Davao City Children Welfare Code.

       The In-Charge of the Children's Sector has been a working partner of the City Social Services Development Office (CSSDO) in the establishment, reorganization and strengthening of the Barangay Councils of the Welfare of Children (BCPCs). Within Davao City.

       The Sub-Committee espouses a Right-Based Approach in all its programs, projects and activities concerning children .   Hereunder enumerated are some of the activities of the Sub-Committee wherein the rights- based approach are applied .

1.   Orientations of the United Nations Convention on the Rights of the Child (UNCRC) and Local Laws and Issuances on Children, and on Child 21 (Philippine National Strategic Framework for Plan Development for Children 2000-2025). Child 21 is a road map, adopts a life cycle approach, holistic view, rights-based and compliments existing programs of the government.

2.   Establishment and/or strengthening of Local Councils for the Protection of Children (LCPC s) - Provincial Councils for the Protection of Children (PCPC s ) in the Provinces, City Councils for the Protection of Children (CCPC) in Cities, Municipal Councils for the Protection of Children (MCPC s ) in Municipalities and Barangay Councils for the Protection of Children (BCPC s ) in the Barangays. •  Establishment of Child Friendly Cities and Municipalities. •  Granting of technical assistance to Local Government Units (LGUs) in their Child Friendly Movement Activities, such as in the formulation of their Four (4) Gifts for Children namely: •    Local Development Plan For Children ( LDPC ) •  Local Investment for Children ( LIPC ), sometimes incorporated in the LDPC • Children Welfare Code ( CWC ), and •  Local State of Children Report ( LSCR ).

3.  Establishment of Child Friendly Cities and Municipalities.

4.  Granting of technical assistance to Local Government Units (LGUs) in their Child Friendly Movement Activities, such as in the formulation of their Four (4) Gifts for Children namely:
                        
                    a.  Local Development Plan For Children ( LDPC )
                    b.  Local Investment for Children ( LIPC ), sometimes incorporated in the LDPC
                    c.  Children Welfare Code ( CWC ), and
                    d.  Local State of Children Report ( LSCR ).

As far as Region XI is concerned, the status of the 4 Gifts may be drawn as follows:

PROVINCES AND CITES

LDPC/LIPC

CWC

LSCR

Davao del Norte

D

E

N

Davao del Sur

B

E

N

Davao Oriental

E

C

N

Compostela Valley Province

C

C

Y

Tagum City

B

B

N

Panabo City

B

B

N

Digos City

D

E

N

Island Garden City of Samal

D

E

N

Davao City

D

E

N


LEGENDS of Local Development/Investment Plan  

  1. Not yet Started
  2. Pre-planning Orientation, Briefing
  3. Planning Mainstreaming Workshop
  4. Plan Consultation
  5. Plan Approved by LDC/SP/LCE
  6. Implementation Monitoring and Evaluation

Children Welfare Code  

  1. Not yet Started
  2. Pre-planning Orientation, Briefing
  3. CWC Crafting Workshop and/or Writeshop
  4. S.P. Reading/Public Hearing
  5. Approved by SP/LCE
  6. IRR Approved/Implementation Monitoring and Evaluation

 

Local State of the Children Report

     Y - Yes
     N - No

       The table shows that a lot is still to be than to convince the LGUs and all stakeholders to complete their 4 Gifts. Advocacy really matters, as this time, a number of the remaining LGUs who had logged behind are trying their best to complete their 4 Gifts.

       All of the inter-agency activities are anchored on the Rights of the Child, in other words, the same is basically rights-based. The same is illustrated in the Framework of Intervention and the Evaluation Tools and /or Indicators that are being used to access the performance of the LGUs for the best interest of their children-constituency.   To illustrate some.

Rights of the Child
CRC Provisions
National Laws

Survival


Right to Life

 

•  Art. 6
•  Par.10, Preamble
•  Art. 6

 

 

•  Art. 2, Sec.12, 1987    Constitution
•  Art. 3, PD 603 (Child &     Youth    Welfare Code)
•  Art. 256, Revised Penal     Code    (RPC) (Intentional     Abortion)
•  Art. 259 RPC (Abortion     practiced    by a physician or     midwife and    dispensing     abortive)
•  Art. 255, RPC (Infanticide)
•  Art. 248, RPC (Murder)


Right to Health


•  Art. 24 & 25


•  Art. 2, Sec 15, 1987     Constitution
•  Art. 3, PD 603 (Child &     Youth    Welfare Code)
•  PD 996 Sec. 1 (Basic     Immunization for Children     below     8 years of age)
•  Sec. 3(b) 4 in relation to     Sec.10 of     RA 7610     (Special Protection of     Children Against Child     Abuse,     Exploitation, &     Discrimination     Act)
•  EO 51 (National Code of     Marketing of Breast Milk     Substitutes, Breast Milk     Supplement & Other     related     products)
•  RA 7600 (The Rooming In     and     Breast Feeding Act of     1992)
•  RA 7846 (An Act Requiring    Compulsory Immunization    Against    Hepatitis-B)
•  RA 8172 (An Act for Salt     Iodization    Nationwide     (ASIN))
     RA 6972 (Barangay Level
•  Total Development &     Protection     of Children Act)
•  Art. 1, Sec. 3 (b), 4 RA     7610
•  RA 8976 (Phil. Food     Fortification    Act of 2000)


Right to be cared for by my parents


•  Art. 9(1), 10   (1&2),   11(1),     & 18

   


•    Art. 2, Sec. 12, 1987      Constitution
•    Art. 15, 1987 Constitution
•    Art. 209-211 of the Family Code
•     Art. 43, PD 603 (Primary Rights       of Parents)
•    Art. 46, PD 603 (Duties of       Parents)
•     Art. 59, PD 603 (Crimes)
•     Art. 270, RPC (Kidnapping and       Failure to Return a Minor)
•    Art. 271, RPC (Inducing a             Minor to Abandon His Home)
•    Art. 276, RPC (Abandoning a      Minor)
•   Art. 277, RPC  (Abandonment of     Minor by Person Entrusted with His     Custody)


Right to adequate food, shelter, and clothing


•  Art. 26 & 27


•  Art. 15, Sec. 3(3) 1987 Constitution •  Art. 46 (8), PD 603
•  Art. 3   (4), PD 603
•  Art. 63, PD 603
•  Art. 3(b) - 3 RA 7610
•  Sec. 2. f, RA 7610 (Rules &    Regulations on the Reporting &    Investigation of Child Abuse Cases)


Right to be adopted if it is for my best interest


•  Art. 21


•  Art. 183, Family Code
•  RA 8552 (Domestic Adoption Act of    1998)
•  RA 8043 (Inter-country Adoption Act    of 1995)

Protection

Right to Name and Nationality

 

•  Art. 7 - 8

 

•  E.O. 209 Family Code
•  RA 386 Civil Code, Art   408 (1)
•  Art. 59 (1) & (3), PD 603
•  Art. 347, RPC
•  RA 9048 (Authority to Correct    Clerical or Typographical Error &    Change of First Name or    Nickname)


Right to be Protected from Discrimination


•  Art. 2 & 30

 


•  Art. 3, Sec. 1, 1987 Constitution
•  Art. 3, PD 603 (Child & Youth    Welfare Code)
•  Sec. 2(b) RA 7277 (Magna Carta for    Disabled Persons)
•  Art. 9, Sec. 20, RA 7610 (Special    Protection of Children Against Child    Abuse, Exploitation, &    Discrimination Act)


Right to be Protected from Abduction and Sale


•  Art. 35


•  Art. 3, Sec. 1 1987 Constitution
•  Art. 267, RPC (Kidnapping and    Serious Illegal Detention)
•  Art. 4, RA 7610 (Child Trafficking)
•  R.A 9208 (Anti-Trafficking in    Persons Act of 2003


Right to be Protected from War

 


•  Art. 38


•  Art. 10, RA 7610 (Children in    Situations of Armed Conflict)
•  MOA on Handling and Treatment of    Children Involved in Armed Conflict •  EO 56 (Adopting the    Comprehensive Program    Framework for Children in Armed    Conflict & Directing NGAs & LGUs     to Implement the Same )
    Secs. 5,   66, 67,68, RA19 65,    Comprehensive Drugs Law of 2002  


Right to be Protected by Law from Drug Abuse


•  Art. 33


•  Art. 3, 8 PD 603
•  Art. 3, 9 PD 603
•  Art. 55, PD 603 (Vices)
•  RA 9165 (Comprehensive    Dangerous Drugs Act of 2002
•  Art. 6, RA 7610 (Other Acts of    Abuse)
•  RA 7624 (An Act Integrating Drug    Prevention & Control in the    Intermediate and Secondary    Curricula as well as in the    Non- Formal, Informal & Indigenous    Learning Systems & For Other    Purposes)
•  Secs. 5,   66, 67,68, RA19 65,    Comprehensive Drugs Law of 2002


Right to be Protected by Law from Physical Abuse and Degrading Treatment

 

 


•  Art. 19
•  Art. 37


•  Art. 3 (2), PD 603
•  Art. 45, PD 603 (Right to Discipline    a Child)
•  Art. 1, Sec. 3(b), RA 7610 (Child    Abuse)
•  Sec. 2 (c,d,e) RA 7610 (Rules &    Regulations on the Reporting &    Investigation of Child Abuse Cases)


Right to be Protected by Law from All Forms of Sexual Abuse


•  Art. 34


•  Art. 3, 8 PD 603
•  RA 8353 (Anti-Rape Law of 1997) -     Art. 266-A, RPC
•  Art. 337, RPC (Qualified Seduction)
•  Art. 338, RPC (Simple Seduction)
•  Art. 339, RPC (Act of    Lasciviousness with Consent of the    Offended Party)
•  Art. 342, RPC (Forcible Abduction)
•  Art. 3, RA 7610 (Child Prostitution &    Other Sexual Abuse)


Right to Dignity and Worth even when in Conflict with Law


•  Art. 40


•  Art. 12, RPC - Justifying    Circumstances
•  PD 603 -Art. 189 as amended    Rules and Regulations on the    Apprehension, Investigation,    Prosecution and Rehabilitation of    Officers
•  RA 8369 (Family Courts Law)
•  Rules and Regulation on the    Apprehension, Investigation,    Prosecution, and Rehabilitation of    Youth Offenders
•  Guidelines for Media Practitioners    on the Reporting and Coverage of    Cases Involving Children
•  S.C.   A.M. No. 02-1-18-SC Re: Rule    on Juveniles in Conflict with Law
•  S.C.   A.M. No. 02-1-18-SC Re: Rule    on Commitment of Children
•  S.C.   A.M. No. 0047-07-SC Re:    Rule on Examination of a Child    Witness


       This undertaking of RSCWC contributes to the progressive realization of the Rights of the Child as embodied in the United Nations Convention on the Rights of the Child, other UN Conventions and Declarations, our municipal laws and in the Millennium Declaration on the Millennium Development Goals (MDG). The Sub-Committee persistently advocates for the progressive realization of their holistic rights, of giving them: " a good quality of life".   The framework aims magnify the windows through which the LGUs and other stakeholders may take the constant steps to positively intervene in the best interest of the child, towards
                                             
                                             a.  food security   and child nutrition
                                  b. child health
                                  c. universal primary education
                                  d. gender equality
                                  e. health and nutrition of mothers
                                  f. control of HIV/AIDS and other diseases
                                  g. protection of environment, and
                                  h. Partnership for development.

       All of the abovementioned goals may be realized in the context of Good Governance, where the children and the people are in the center of development, and likewise equally enjoy from the resulting benefits thereof.

       The Regional Sub-Committee for the Welfare of Children-XI (RSCWC-XI) will continue to take the strides notwithstanding the possible barrier it may face. The conviction and common concern and sensitivity to our children by the Local Chief Executive and Lawmakers of the Local Government Units, the Regional Heads of National Line Agencies and the heads of Partner Non-Government Organizations will lead us realization of our common goal of respecting, protecting and fulfilling the rights of every Filipino children.

COMMISSION ON HUMAN RIGHTS-XI
Trinity II Bldg., Quimpo Blvd.
Ecoland, Davao City

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