PART I
PRECIOUS LOVE S. NICOMEDES
Identification of the Vulnerable Sectors
Role as a National Institution: to promote advice and assistance to the
government on the implementation of international standards
Commission of Human Rights assisted the Phil. Government in the
development of a National Action Plan and the plan was then referred
to as Philippine Human Rights Plan.
Fifteen sectoral working groups composed of Government
Organizations (Gos), Non-Governmental Organizations (NGOs) and
Peoples Organizations (Pos) were organized at the national and
regional levels to look into the actual situation of these vulnerable
groups and to adopt measures to minimize or reduce the violations.
Identification of the Vulnerable Sectors
The sectors found to be most vulnerable are the following:
- the women
- the stateless persons
- the children
- the youth
- the indigenous minorities
- the Muslim population
- the elderly
- the disabled people
- the mentally disabled
- the prisoners and detainees
- the internally displaced person
- the migrant workers
- the urban poor
- the refugees
- the laborers (public, private and informal)
- the rural workers
- the peasants
- the fishermen
RIGHTS OF THE CHILDREN
The child needs special protection and care for his full
development as a person before, as well as after birth. In
the Convention on the Rights of the Child referred to as
convention adopted in 1989, the comprehensive rights of a
child are enumerated. The said Convention on 31 August
1990 was ratified by the Philippines.
Who will then be considered as a child? a person
below the age of 18 years of is considered a child under the
Philippine law
Protection of the Life of the Child
one of the basic policies of the Philippines, the Philippine Constitution
guarantees the protection of a child, including the unborn.
Article II Sec.12 of the Phil. Constitution recognizes the sanctity of life
and shall protect and strengthen the family as a basic autonomous
social institution. This provision however, rejects the doctrine laid
down by the US Supreme Court legalizing abortion up to six months of
pregnancy.
Best Interests of the Child
in all matters concerning children, the courts of law
or administrative authorities shall bear in mind that
the best interest of the child shall be a primary
consideration
Standard of Living- Doctrine of Parens Patriae
The Convention on the Rights of a Child recognizes the
right of every child to a right of a standard of living
adequate for his physical, mental, spiritual, moral and
social development.
The Doctrine of parens patriae was used by the Court in
some cases which involved children stating that the State
as parens patriae has the duty of protecting the rights of
persons or individual who, because of age or incapacity are
in an unfavourable position vis-a-vis other parties.
Nationality, Identity and Parentage
every child shall be registered immediately after
birth and shall have the right to a name,
nationality and identity and the right to know
and be cared for by his parents. The identity of
the child shall be preserved including his
nationality and family relations.
Child Abuse, Maltreatment and Abandonment
the child had the right to be protected from all forms of physical
and/ or mental violence, injuries or abuse, neglect, maltreatment
or exploitation including sexual abuse. RA No. 7610 known as
Special Protection of Children Against Child Abuse, Exploitation
and Discrimination Act which took effect in 1992, implements
the provisions of the Convention on the Rights of the Child with
respect to protection against abuse and exploitation of children.
Statutory Rape
rape is committed even if the girl below 12 years old
consented the act. The law does not consider the
consent of the victim voluntary as a offended party
who is under 12 years of age cannot have a will of her
own.
Sexual Abuse and Exploitation
child has the right to be protected from all forms of sexual
exploitation. The State should take measures to prevent
the inducement or coercion of the child to engage in any
unlawful sexual activity, exploitation of the child or
prostitution or expatiation of children in pornographic
performances and materials.
Abduction, Sale, Trafficking and Illicit Transfer of
Children
States Parties to the Convention shall take shall take
national, bilateral and multilateral measures to
prevent the abduction of the sale or on trafficking of
children for any purposes
Children in Emergency Situations-Zones of Peace
Appropriate measures should be taken to ensure
that the child seeking refugee status or is
considered refugee under international law should
receive appropriate protection and humanitarian
assistance.
Recruitment of Children in Warfare
the involvement of children in hostilities
subjects them to physical danger of the
fundamental rights. Armed conflicts affect
children psychologically and affect their full
development inherent to human dignity.
Protection of Child Combatants
Protocol II to the Geneva Convention provides
that child combatants enjoy general protection as
horsed combat, but once they are captured, they
should be treated with minimum standards of
humane treatment such as prohibition against
violence and torture or corporal punishment.
Family Environment
Children who are deprived of their family
environment shall be given special protection
and assisted by the state. The state may take
measures like placing the children to foster
placement or adoption placement ins suitable
institutions devoted to caring of children.
Adoption of Abandoned and Orphaned Children
Adoption is legal procedure creating a relationship
between two persons, whether related by blood or
not, whereby a child is raised to the status of a
legitimate child of another. Adoption has a social
and moral purpose to provide home, care and
education for orphaned children or the financially
unfortunate children by persons who can properly
rear and educate them.
Children in Conflict with the Law
children who may have committed offenses are to
be given special treatment. The youthful offender is
entitled to all rights of the accused adult person
under the Convention on Civil and political Rights
and the Philippine Constitution.
Child Labor
a child below 15 years of age can be employed only if
he works under the responsibility of his parents or
guardian and his work does not interfere with his
schooling.
Street Children
situation of street children is a classic example of
vicious cycle of causality affecting Children Especially
in Difficult Circumstances
Children of Migrant Workers
the continuous influx of migrant workers of other
countries result in children being left to the care of
solo parents or alternative caregivers
Children of Indigenous Tribes
Statistics on children of indigenous cultural
communities are difficult to place as births are
generally not reported. This is mainly due to the
inaccessible of the civil registry office and to individual
traditions practiced by the community.
Transnational Children
children who are in this group should not be treated
differently and most of all must not be subjected to
discrimination.
Children of Families with HIV
children are vulnerable victims. They may be born of
an HIV positive mother or be members of a family
with an HIV patient.
Children of Refugees
due to internal strife in some neighbouring countries,
the Philippines has become a shelter for refugees. And
children borne of refugee parents or the union
between a refugee and a local national are caught in
the situation of being stateless children.
Children as Household Helpers
children below 18 years of age may be employed as a
household helper but the employers are required to
allow them to obtain at least an elementary education.
YOUTH SECTOR
Who are considered among the youth sector?
Those that are between 15-24 years of age
The youth of the country are usually imbued with
idealism and visions for a change. The youth, usually
in school campuses, from militant organizations to
express and pursue their ideas and become restless if
changes in social structures are not achieved according
to their demands.
Four groups of Youth Sector
In-School Youth are those attending formal or non-formal schools
with educational programs. They are usually involved in issue-oriented
groups, fraternities, sororities and religious societies.
Out-of-school youth pose greater problems since they are usually
among those who end up unemployed later on since belonging to
families who could not afford or have neglected to send them to
schools.
Working Youth most of them are unskilled. Usually not aware of
their rights they are vulnerable to exploitation by their employers.
Special Youth are those boys and girls from the indigenous peoples.
They are generally victims of discrimination. Mostly unschooled they
are subject to all forms of exploitations and abuses. This type of youth
suffer from the displacement of the families in time of armed conflicts
or they are driven away from their homes due to mining or logging
operations
RIGHTS OF THE YOUTH
the working youth, usually unskilled are very
vulnerable to human rights abuse by their employers.
Usually unaware of their rights under the Labor Laws,
they are taken advantage of by their employer
requiring them to work on different hazardous
conditions not suited for their suited for their age.
Juvenile Justice The Child and Youth Welfare Code
provides that youthful offenders, when found guilty of
committing a crime, are not committed to prison.