Convention on the Rights of the Child

Article 40

1. States Parties recognize the right of every child alleged as, accused of, or recognized as having infringed the penal law to be treated in a manner consistent with the promotion of the child's sense of dignity and worth, which reinforces the child's respect for the human rights and fundamental freedoms of others and which takes into account the child's age and the desirability of promoting the child's reintegration and the child's assuming a constructive role in society.

2. To this end, and having regard to the relevant provisions of international instruments, States Parties shall, in particular, ensure that:

(a) No child shall be alleged as, be accused of, or recognized as having infringed the penal law by reason of acts or omissions that were not prohibited by national or international law at the time they were committed;

(b) Every child alleged as or accused of having infringed the penal law has at least the following guarantees:

(i) To be presumed innocent until proven guilty according to law;

(ii) To be informed promptly and directly of the charges against him or her, and, if appropriate, through his or her parents or legal guardians, and to have legal or other appropriate assistance in the preparation and presentation of his or her defence;

(iii) To have the matter determined without delay by a competent, independent and impartial authority or judicial body in a fair hearing according to law, in the presence of legal or other appropriate assistance and, unless it is considered not to be in the best interest of the child, in particular, taking into account his or her age or situation, his or her parents or legal guardians;

(iv) Not to be compelled to give testimony or to confess guilt; to examine or have examined adverse witnesses and to obtain the participation and examination of witnesses on his or her behalf under conditions of equality;

(v) If considered to have infringed the penal law, to have this decision and any measures imposed in consequence thereof reviewed by a higher competent, independent and impartial authority or judicial body according to law;

(vi) To have the free assistance of an interpreter if the child cannot understand or speak the language used;

(vii) To have his or her privacy fully respected at all stages of the proceedings. 3. States Parties shall seek to promote the establishment of laws, procedures, authorities and institutions specifically applicable to children alleged as, accused of, or recognized as having infringed the penal law, and, in particular:

(a) The establishment of a minimum age below which children shall be presumed not to have the capacity to infringe the penal law;

(b) Whenever appropriate and desirable, measures for dealing with such children without resorting to judicial proceedings, providing that human rights and legal safeguards are fully respected.

4. A variety of dispositions, such as care, guidance and supervision orders; counselling; probation; foster care; education and vocational training programmes and other alternatives to institutional care shall be available to ensure that children are dealt with in a manner appropriate to their well-being and proportionate both to their circumstances and the offence. ]

Rights of the Youths over 18 years of Age

Once you are 18, you are legally an adult and are covered by the same laws as adults. This means you no longer need your parents' permission to do things.

Before you turn 18, the law will sometimes say how old you have to be to do certain things. In other cases it's not so clear. If there's no law setting an age limit, it's up to you to work out with your parents what you can and can't do.

Once you turn 18 you are generally able to carry out all legal activities, such as voting, entering into a valid contract, marriage, buying alcohol and obtaining a driver's licence. Some activities can be legally carried out before you turn 18, for example, getting a job, but there are strict legal requirements in place in order to protect the interests of young people and the community's interests as a whole. For example:

• If you are under 17 years of age and wish to leave home or have left home, the Children's Court and Department of Human Services can intervene
• If you want to obtain medical advice or treatment from a doctor and are under 18 years of age, the doctor may inform your parents and require the consent of your parents
• If you are above 16 years and mature enough to understand the nature of the treatment and its likely consequences, then the doctor probably won't consult your parents

This is According to this site http://www.youthcentral.vic.gov.au/Know+Your+Rights/Youth+rights/

Youth Rights

Rights of Youth Under 18 years of Age

Regardless of your age, you have rights. The United Nations Convention on the Rights of the Child (new window) sets out general principles about the rights of people under 18. Australia signed the Convention in 1990.

Under the Convention you have the right to be free from sexual and economic exploitation, the right to your own opinion, and the right to education, health care and economic opportunity.

The Convention says that your family is mainly responsible for your care and protection. However, in any legal process affecting you, the Convention says that the 'best interests of the child' must be the main consideration, and that your opinion should be heard.

This is according to this site:
http://www.youthcentral.vic.gov.au/Know+Your+Rights/Youth+rights/

Captured moment with my Youth Advocate Friends!

Child Rights According to PD 603

The Rights of Every Child

All children shall be entitled to the rights herein set forth without distinction as to legitimacy or illegitimacy, sex, social status, religion, political antecedents, and other factors.

(1) Every child is endowed with the dignity and worth of a human being from the moment of his conception, as generally accepted in medical parlance, and has, therefore, the right to be born well.

(2) Every child has the right to a wholesome family life that will provide him with love, care and understanding, guidance and counseling, and moral and material security.

The dependent or abandoned child shall be provided with the nearest substitute for a home.

(3) Every child has the right to a well-rounded development of his personality to the end that he may become a happy, useful and active member of society.

The gifted child shall be given opportunity and encouragement to develop his special talents.

The emotionally disturbed or socially maladjusted child shall be treated with sympathy and understanding, and shall be entitled to treatment and competent care.

The physically or mentally handicapped child shall be given the treatment, education and care required by his particular condition.

(4) Every child has the right to a balanced diet, adequate clothing, sufficient shelter, proper medical attention, and all the basic physical requirements of a healthy and vigorous life.

(5) Every child has the right to be brought up in an atmosphere of morality and rectitude for the enrichment and the strengthening of his character.

(6) Every child has the right to an education commensurate with his abilities and to the development of his skills for the improvement of his capacity for service to himself and to his fellowmen.

(7) Every child has the right to full opportunities for safe and wholesome recreation and activities, individual as well as social, for the wholesome use of his leisure hours.

(8) Every child has the right to protection against exploitation, improper influences, hazards, and other conditions or circumstances prejudicial to his physical, mental, emotional, social and moral development.

(9) Every child has the right to live in a community and a society that can offer him an environment free from pernicious influences and conducive to the promotion of his health and the cultivation of his desirable traits and attributes.

(10) Every child has the right to the care, assistance, and protection of the State, particularly when his parents or guardians fail or are unable to provide him with his fundamental needs for growth, development, and improvement.

(11) Every child has the right to an efficient and honest government that will deepen his faith in democracy and inspire him with the morality of the constituted authorities both in their public and private lives.

(12) Every child has the right to grow up as a free individual, in an atmosphere of peace, understanding, tolerance, and universal brotherhood, and with the determination to contribute his share in the building of a better world.

ChildLabor: one of the Probems in Lanao del Sur!

Child Labor is one of the many concerns in the province of Lanao del Sur particularly Marawi City and, most disturbingly one of the most rampant problems we face here in Lanao. We are all aware that every child has the right to the most basic necessities like a healthy environment, formal education that they will be using as they are going to treasure the will of the Almighty God, and most importantly a family that cares and confronts. Yet, hunger hinders the child to do any of these basic necessities and forces labor in farming fields, selling cellophane in Padian, collecting fare in the Public vehicles, working in the different houses as maids, driving pedicabs, selling different fruits, vegetables and fishes in the different streets of Marawi and peddling in the busy and dangerous streets of the City.

The minimum age for employment in the Philippines is 15 years of age (Child Protection Act of 1992 and RA 9658 amended act 7650) by prohibiting children below 15 years old to work except when family run business.

While the Basic laws are in place, there is this lack of an effective mechanism on the part of our government administrator and law enforcers to constantly monitor and implement the child labor laws (http://web.worldbank.org/WBSITE/EXTERNAL?TOPICS