CHAPTER II
CHILDRENS’ RIGHTS
Section 5. RIGHTS OF CHILDREN. All children in the Municipality of Miagao, Province of Iloilo shall be entitled to the rights hereinafter set forth, as provided in the Convention on the Rights of Children (CRC), in addition to those rights espoused in the 1987 Constitution, Child and Youth Welfare Code (P.D. 603), and The Special Protection Act (R.A. No. 7610), Juvenile Justice and Welfare Act of 2006 (R.A. No. 9344) and other related laws, irrespective of the child’s race, color, sex, language, religion, ethnic or social origin, property, disability, birth or other status.
(a) The inherent right to life, and the State, as Parens Patriae, as well as the Municipality, has an obligation to ensure every child’s survival and development;
(b) The right to express his views freely or without fear of rejection in all matters which affects his or her left and his opinion should be given due weight depending on his or her age and maturity.
(c) To freedom of expression, except if it will violate or jeopardize the rights or reputation of others or for the protection of national security, public order, public health or morals;
(d) No child shall be subjected to arbitrary or unlawful interference with his or her privacy, family, home or correspondence, nor to unlawful attacks on his/her honor and reputation;
(e) To freedom of thought, conscience and religion, subject to proper guidance by his parents or legal guardians;
(f) To avail himself or herself of information and materials aimed at the promotion of his or her social, spiritual and moral well-being and physical and mental health;
(g) To leisure, and to participate freely in recreational, cultural and art activities appropriate for his or her age.
(h) The child shall be registered immediately after birth and shall have the right from birth to name, the right to acquire a nationality, name and family relations as recognized by law without unlawful interference.
(i) To preserve his or her identity, including nationality, name and family relations as recognized as recognized by law without unlawful interference.
(j) To live with his or her parents unless this is deemed to be incompatible with the child’s best interests. The child has also the right to maintain contact with both parents, if separated from one or both.
(k) Children and their parents have the right to leave any country and to enter their own, for purposes of reunion or the maintenance of the child-parent relationship.
(l) To meet with others, and join or reform associations.
(m) A disabled child has the right to special care, education, and training to help him or her enjoy a full and decent life in dignity and achieve the greatest degree of self-reliance and social integration possible.
(n) To the highest standard of health and medical care attainable. The Municipal Government shall place special emphasis on the provision of primary and preventive health care, public health education and the reduction of infant mortality.
(o) A child who is placed by the Municipal Government for reasons of care, protection or treatment is entitled to have that placement evaluated regularly.
(p) To benefit from social security including social insurance.
(q) To a standard of living adequate for his or her physical, mental, spiritual, moral and social development. Parents have the primary responsibility to ensure that the child has an adequate standard of living. The Municipal Government’s duty is to ensure that this responsibility can be fulfilled. The government can include material assistance to parents and their children.
(r) Education shall aim at developing the child’s personality, talents and mental physical abilities to the fullest extent. Education shall prepare the child for an active adult life in a free society and foster respect for the child’s parents, his or her own cultural identity, language and values, and for the cultural background and values of others.
(s) Children of minority communities and indigenous populations have the right to enjoy their own culture and to practice their own religion and language.
(t) To be protected from work that threatens his or her health, education and development.
(u) To protection from the use of narcotics and psychotropic drugs, and from being involved in their production or distribution.
Section 6. RIGHTS OF THE CHILD IN CONFLICT WITH THE LAW. Every child in conflict with the law shall have the following rights, including but not limited to:
(a) the right not to be subjected to torture or other cruel, inhuman or degrading treatment or punishment;
(b) the right not to be imposed a sentence of capital punishment or life imprisonment, without the possibility of release;
(c) the right not to be deprived, unlawfully or arbitrarily, of his/her liberty; detention or imprisonment being a disposition of last resort, and which shall be for the shortest appropriate period of time;
(d) the right to be treated with humanity and respect, for the inherent dignity of the person, and in a manner which takes into account the needs of a person of his/her age. In particular, a child deprived of liberty shall be separated from adult offenders at all times. No child shall be detained together with adult offenders. He/She shall be conveyed separately to or from court. He/She shall await hearing of his/her own case in a separate holding area. A child in conflict with the law shall have the right to maintain contact with his/her family through correspondence and visits, save in exceptional circumstances;
(e) the right to prompt access to legal and other appropriate assistance, as well as the right to challenge the legality of the deprivation of his/her liberty before a court or other competent, independent and impartial authority, and to a prompt decision on such action;
(f) the right to bail and recognizance, in appropriate cases;
(g) the right to testify as a witness in his /her own behalf under the rule on examination of a child witness;
(h) the right to have his/her privacy respected fully at all stages of the proceedings;
(i) the right to diversion if he/she is qualified and voluntarily avails of the same;
(j) the right to be imposed a judgment in proportion to the gravity of the offense where his/her best interest, the rights of the victim and the needs of society are all taken into consideration by the court, under the principle of restorative justice;
(k) the right to have restrictions on his/her personal liberty limited to the minimum, and where discretion is given by law to the judge to determine whether to impose fine or imprisonment, the imposition of fine being preferred as the more appropriate penalty;
(I) in general, the right to automatic suspension of sentence;
(m) the right to probation as an alternative to imprisonment, if qualified under the Probation Law;
(n) the right to be free from liability for perjury, concealment or misrepresentation; and
(o) other rights as provided for under existing laws, rules and regulations.
The Municipality further adopts the provisions of the United Nations Standard Minimum Rules for the Administration of Juvenile Justice or “Beijing Rules”, United Nations Guidelines for the Prevention of Juvenile Delinquency or the “Riyadh Guidelines”, and the United Nations Rules for the Protection of Juveniles Deprived of Liberty.
Section 7. PARTICIPATION RIGHTS OF CHILDREN.
a) Participation rights of children in decision-making processes:
The children in the family, school, community or their organization or institution shall be heard. Each child regardless of sex, age and tribe has the right to express his or her opinion freely and to have that opinion taken into account in any matter or procedure affecting the child. It shall be the responsibility of the adults to provide opportunities for children to express his or her views, obtain information, make ideas or information known, regardless of tribe, religion, age and sex.
b) Installation of mechanism for participation in policy and program formulation in the Municipal Government:
It is important to consult and provide venue for the expression of views relevant to the Municipal Government’s policies. It is therefore proper that children seven to twelve (7-12) years old and thirteen to eighteen (13-18) years old are convened to a meeting through their representatives, on a once a year basis, specifically during the children’s month, which is December. Non-government organizations (NGO’s) concerned with these groups of children shall be part of the process in both preparation and evaluation of the convention. Detailed implementing rules and guidelines shall be drafted by the Sangguniang Kabataan Municipal Federation (SKMF) in coordination with the Municipal Council for the Protection of Children.