UN CRC Art26-29
UN CRC Art26-29
UN CRC Art26-29
Health
Education
Disability
UN CRC
Article 23
Disability
a. a physical or mental impairment that substa
ntially limits one or more psychological, physiological
or anatomical function of an individual or activities
of such individual
b. a record of such an impairment or
c. Being regarded as having such an impairment
Handicap
a disadvantage for a given individual, resulting from
an impairment or a disability, that limits or prevents t
he function or activity, that is considered normal give
n the age and sex of the individual
B.
C.
D.
E.
Health
Auxiliary Service
Telecommunications
Accessibility
Discrimination on Transportation
Discrimination on the Use of Public Accommodations and Service
s
PENALTY
Section 46
1st violation fine not less than fifty thousand pesos (P 5
0,000.00) but not exceeding one hundred thousand peso
s (P 100,000.00) or imprisonment of not less than six (6)
months but not more than two (2) years or both at the d
iscretion of the court;
Subsequent Violation fine not less than one hundred t
housand pesos (P 100,000.00) but not exceeding two hu
ndred thousand pesos (P 200,000.00) or imprisonment f
or not less than two (2) years but not more than six (6) y
ears or both at the discretion of the court;
Classification
1. Custodial Group
2. Trainable Group
3. Educable Group
4. Borderline or Low Normal Group
BP 344
Sec. 1 Educational institutions, airports, sports a
nd recreation centers and complexes, shopping cen
ters or establishments, public parking places, workplaces, public utilities, shall be granted or issued unl
ess the owner or operator thereof shall install and i
ncorporate in such building, establishment, instituti
on or public utility, such architectural facilities or str
uctural features as shall reasonably enhance the m
obility of disabled persons such as sidewalks, ramps
, railings and the like .
Article 24
PD 603
Promotion of Health
shall begin with adequate pre-natal and post-natal care both f
or him and his mother. All appropriate measures shall be take
n to insure his normal total development.
It shall be the responsibility of the health, welfare, and educati
onal entities to assist the parents in looking after the health of
the child.
Medical and Dental Services
the childs parents shall be entitled to such assistance from th
e government as may be necessary for his care and treatment
in addition to other benefits provided for under existing law.
Article 25
III.ART. 25
States Parties recognize the right of a child who has been place
d by the competent authorities for the purposes of care, protect
ion or treatment of his or her physical or mental health, to a pe
riodic review of the treatment provided to the child and all othe
r circumstances relevant to his or her placement.
Article 26
1. State Parties shall recognize for every child to benefit fr
om social security, including social insurance, and shall
take the necessary measures to achieve the full realizat
ion of this right in accordance with their national law.
2. The benefits should, where appropriate, be granted, ta
king into account the resources and circumstances of t
he child and persons having responsibility for the main
tenance of the child, as well as any other consideration
relevant to an application for benefits made by or on b
ehalf of the child.
Social Security
Children either through their guardians or directly ha
ve the right to help from the government if they are poo
r or in need.
What is Social Security?
Based on Article 22 of the Universal Declaration of Human Rights
Everyone, as a member of society, has the right to social secu
rity and
is entitled to realization, through national effort and in
ternational co- operation and in accordance with the organization
and resources of each State, of the economic, social and cultural
rights indispensable for
his dignity and the free development o
f his personality.
Article 27
1. State Parties recognize the right of every child to a standard of living adequate fo
r the childs physical, mental, spiritual, moral and social development.
2. The parent(s) or others responsible for the child have the primary responsibility t
o secure, within their abilities and financial capacities, the conditions of living ne
cessary for the childs development.
3. State Parties, in accordance with national conditions and within their means, shal
l take appropriate measures to assist parents and others responsible for the chil
d to implement this right and shall in case of need provide material assistance an
d support programmes, particularly with regard to nutrition, clothing, and housin
g.
4. State Parties shall take all appropriate measures to secure the recovery maintena
nce for the child from the parents or other persons having financial responsibilit
y for the child, both within the State Party and from abroad. In particular, where
the person having financial responsibility for the child lives in a State different fr
om that of a child, State Parties shall promote the accession to international agre
ements or the conclusion of such agreements, as well as the making of other app
ropriate arrangements.
Video
Video 2
Article 28
1. State Parties recognize the right of the child to education, and with a view
to achieving this right progressively and on the basis of equal opportunity, th
ey shall, in particular:
(a) Make primary education compulsory and available free to all;
(b) Encourage the development of different forms of secondary education, in
cluding general and vocational education, make them available and acces
sible to every child, and take appropriate measures such as the introducti
on of free education and offering financial assistance in case of need;
(c) Make higher education accessible to all on the basis of capacity by every
appropriate means;
(d) Make educational and vocational information and guidance available and
accessible to all children;
(e) Take measures to encourage regular attendance at schools and the reduc
tion of drop out rates.
Article 28
2. State Parties shall take all appropriate measures to ensu
re that school discipline is administered in a manner consi
stent with the childs human dignity and in conformity wit
h the present Convention.
3. State Parties shall promote and encourage international
cooperation in matters relating to education, in particular
with a view to contributing to the elimination of ignorance
and illiteracy throughout the world and facilitating access t
o scientific and technical knowledge and modern teaching
methods. In this regard, particular account shall be taken
of the needs of developing countries.
Right to Education
All children have the right to primary education
Wealthy countries should help poorer countries achieve
this right
The convention does not address such issues as school
uniforms, dress codes, the singing of the national anthe
m or prayer in schools.
PD 603
Article 3. Rights of the Child
(6) Every child has the right to an education commensurate with
his abilities and to the development of his skills for the improve
ment of his capacity for service to himself and to his fellowmen
Article 4. Responsibilities of the Child
(4) Exert his utmost to develop his potentialities for service, parti
cularly by undergoing a formal education suited to his abilities, i
n order that he may become an asset to himself and to society;
Article 12. Education
The schools and other entities engaged in non-formal education
shall assist the parents in providing the best education for the ch
ild.
PD 603
Article 59. Crimes
(4) Neglects the child by not giving him the education whic
h the familys station in life and financial conditions permit
Article 71. Admission to Schools
Article 72. Assistance
Article 73. Nursery School
Article 74. Special Classes
Article 75. School Plants and Facilities
Article 110. Education of Children Employed as Domestic
s
Article 29
1. State Parties agree that the education of the child shall be directed to:
(a) The development of the childs personality, talents and mental and physic
al abilities to their fullest potential;
(b) The development of respect for human rights and fundamental freedoms
, and for the principles enshrined in the Charter of the United Nations;
(c) The development of respect for the childs parents, his or her own cultura
l identity, language and values, for the national values of the country in w
hich the child is living, the country from which he or she may originate, a
nd for civilizations different from his or her own;
(d) The preparation of the child for responsible life in a free society, in the sp
irit of understanding, peace, tolerance, equality of sexes, and friendship a
mong all peoples, ethnic, national, and religious groups and persons of in
digenous origin;
(e) The development of respect for the natural environment
2. No part of this present article or article 28 shall be construed so as to interf
ere with the liberty of individuals and bodies to establish and direct education
al institutions, subject always to the observance of the principle set forth in pa
ragraph 1 of the present article and to the requirements that the education gi
ven in such institutions shall conform to such minimum standards as may be l
Goals of Education
Childrens education should develo
p each childs personality, talents,
and abilities to the fullest
It should encourage children to re
spect others, human rights, and th
eir own and other cultures.
It should also help them learn to li
ve peacefully, protect the environ
ment, and respect other people.
RA 8049:
ANTI-HAZING LAW
Trivia
History of fraternities and sororities in the Philippines
Marcos Era
Final Rites and Physicals
HAZING
Initiation rite or practice as a prerequisite for admission
into membership in a fraternity, sorority, or organization
Placing the neophyte in embarrassing situations or subj
ecting him to physical or psychological suffering or injur
y
Procedure
School authorities or organization heads must be notifie
d in writing seven (7) days before the conduct of hazing
or initiation in ANY manner.
Written notice shall contain:
period of initiation activities which shall not exceed 3 days
names of neophytes
An undertaking that no physical violence will be employed
Penalties
Who are liable?
Officers & members of fraternities, sororities, and organizations
who actually participated in the infliction of physical harm
Result
Penalty
Reclusion Perpetua
Penalties
Owner of the place liable as accomplice
Home of one of the officers and members
parents shall be liable as principals whe
n they have actual knowledge
School authorities liable as accomplice w
hen they have actual knowledge and faile
d to prevent
Officers, former officers, alumni of the fra
t, soro, org liable as principals when they
actually planned the hazing although not
present or present but did not prevent th
e same
No mitigating circumstance that there was
no intention to commit so grave a wrong
Video
What is Bullying?
Severe, repeated use of
:
Written
Verbal
Electronic Expression
Physical Act or Gesture
Acts of Bullying
Unwanted physical contact
Punching
Pushing
Shoving
Kicking
Slapping
Tickling
Headlocks
Inflicting school pranks
Teasing
Fighting
Use of objects as weapons
Prohibited Acts
Bullying on:
School grounds
Property immediately adjacent to school grounds
School buses
Bullying at:
School-sponsored or school-related activities, functions, programs
Location, activity, function, or program that is not school-related
School bus stops
Bullying through:
Use of technology leased or used by a school
Anti-Bullying Policies
Identify range of disciplinary administrative actions that may be tak
en against a perpetrator
Perpetrator to undergo rehabilitation program
Establish clear procedures & strategies for:
Mechanisms
Notify the law enforcement agenc
y if the school principal or design
ee believes that criminal charges
under the Revised Penal Code ma
y be pursued against the perpetra
tor;
Take appropriate disciplinary adm
inistrative action;
Notify the parents or guardians of
the perpetrator; and
Notify the parents or guardians of
the victim regarding the action tak
en to prevent any further acts of
bullying or retaliation.
Reporting Requirement
All schools shall inform their respective school division s
uperintendents in writing about the anti-bullying policie
s formulated within six (6) months
Every first week of the school year: schools shall submit
a report to their respective school division superintende
nts all relevant information and statistics on acts of bully
ing or retaliation.
Declaration of Policy
Defend the right of children t
o:
Assistance
Proper care and nutrition
Special protection against all for
ms of neglect, abuse, cruelty, exp
loitation, and other conditions pr
ejudicial to their development
Coverage:
Filipino children up to six (6) year
s of age
Program Framework
Monitoring of registration of births and completion of the immunization series f
or the prevention of tuberculosis, diptheria, tetanus, measles, poliomyelitis, and
other diseases
Growth and nutritional monitoring with supplementary feeding
Care for children of working mothers
Materials and network of surrogate mothers-teachers who will provide intellect
ual and mental stimulation to the children
A sanctuary for abused, neglected, or exploited children
A referral and support system for pregnant mothers for prenatal and neonatal c
are
Support system and network of assistance from among the members of the bar
angay for the total development and protection of children
Implementation
Implementing Agency Barangay
Functions of the DSWD
Formulate the criteria for the selection, qualific
ations, training
Coordinate activities of NGOs
Protect and assist abused, neglected, or exploit
ed children
Salient Features
Coverage
Primary Education 6 years
Junior HS 4 years
Senior HS 2 years
Jurisprudence
Ebralinag vs.
Division Superintendent of Schools of Cebu
Facts:
Members of Jehovahs Witness refused to sing the Philippine
National Anthem, salute the flag, and recite the Patriotic Pled
ge
Issue:
W/N expulsion of the members of Jehovahs Witness from th
e schools violates right to receive free education
Held:
The expulsion of members of Jehovah's Witnesses from the s
chools where they are enrolled will violate their right as Phili
ppine citizens, under the 1987 Constitution, to receive free e
ducation, for it is the duty of the State to "protect and promo
te the right of all citizens to quality education . . . and to mak
e such education accessible to all
Alcuaz vs PSBA
Facts:
Petitioners are students of PSBA who participated in mass assemblies. They w
ere subsequently blacklisted and denied admission for the second semester.
Issue:
W/N there has been deprivation of due process for petitioners who have been
barred from re-enrollment on account of their participation in rallies against t
he school administration
Held:
Termination of contract theory
A student once admitted by the school is considered enrolled for one semeste
r. It is thus evident that after the close of the first semester, the PSBA no longe
r has an existing contract with the student.
The contract having been terminated, there is no more contract to speak of. Th
e school cannot be compelled to enter into another contract with said student
s.
Villareal vs People
(Lenny Villa case)
Facts:
February 1991- 7 freshmen law students of ADMU signified their
intention to join the Aquila Legis fraternity. They were met by m
embers of AL at the lobby of Ateneo Law. They were informed th
at there will be physical beatings and that they can quit anytime.
The rites were scheduled to last 3 days. They were subjected to t
raditional Aquilan initiation rites such as the Indian Run, Bicol
Express, Rounds, Auxies Privilege Round, rough basketball, c
omic plays, and other forms of paddling. Lenny received several
blows, one of which was so strong that it sent him sprawling to t
he ground. When they were already sleeping, the neophytes wer
e roused by Lennys shivering and mumblings. He was brought t
o the hospital but was pronounced dead on arrival.
Villareal vs People
(Lenny Villa case)
No crime without a law punishing it
Thus, having in mind the potential conflict between the proposed law and the
core principle ofmala in seadhered to under theRevised Penal Code, Congre
ss did not simply enact an amendment thereto. Instead, it created a special la
w on hazing, founded upon the principle of mala prohibita. This dilemma face
d by Congress is further proof of how the nature of hazing unique as again
st typical crimes cast a cloud of doubt on whether society considered the a
ct as an inherently wrong conduct ormala in seat the time.
Consequently, the collective acts of the fraternity members were tantamount
to recklessness, which made the resulting death of Lenny a culpable felony. It
must be remembered that organizations owe to their initiates a duty of care n
ot to cause them injury in the process.With the foregoing facts, we rule that t
he accused are guilty of reckless imprudence resulting in homicide. Since the
NBI medico-legal officer found that the victim's death was the cumulative effe
ct of the injuries suffered, criminal responsibility redounds to all those who di
rectly participated in and contributed to the infliction of physical injuries
Villareal vs People
(Lenny Villa case)
Our finding of criminal liability for the felony of reckless
imprudence resulting in homicide shall cover only accus
ed Tecson, Ama, Almeda, Bantug, and Dizon. Had the An
ti-Hazing Law been in effect then, these five accused frat
ernity members would have all been convicted of the cri
me of hazing punishable byreclusion perpetua(life impr
isonment).Since there was no law prohibiting the act of
hazing when Lenny died, we are constrained to rule acco
rding to existing laws at the time of his death.
Thank you!