ISSUE:

Every child has a right to be born and to have a name and a nationality. The right to be registered
at birth is provided for in Article 7 of the United Nations Convention on the Rights of the Child
of which the Philippines was among the 196 signatories.
Birth registration refers to the official record of the birth of a child. It certifies the existence and
identity of a child through the given name as well as his/her nationality. The birth certificate of a
child is a proof of recognition of the newborn's individual importance to the state and his/her
status under the law. Absence of an official record of birth can complicate enrolment in school
and expose them to illegal adoption, trafficking, exploitation as cheap labor, or involvement in
prostitution and criminal activities.
Based on the country’s periodic reports on the implementation of CRC, there are 2.6 million
unregistered children in the country and most of them are Muslim and IP children. In terms of
geographical location, 70% of these children are in ARMM, Eastern Visayas, Central Mindanao,
Western Mindanao, and Southern Mindanao. The issue of unregistered children goes beyond the
country’s borders with increasing number of children of overseas Filipino workers (OFWs) born
abroad and left unregistered.
Council for the Welfare of Children (2007) identified the gaps that should be addressed to further
improve birth registration. The gaps are attributed to the facts that there are still unregistered
children in the country, and that population increases yearly at the rate of 2.11%, which means
that more than a million children need to be registered each year. There is a need for Barangay
Registration Project to clear the barriers to birth registration, which include:
a. lack of awareness among parents, particularly among Muslims and IPs, on the
relevance of birth registration;
b. economic costs, which discourage poor parents from registering their children (while
the civil registry law states that birth registration is free, some local ordinances on civil
registration seek to generate revenues for LGUs, hence, fees are imposed);
c. remaining gaps in civil registration law and procedures; and
d. physical and geographical barriers affecting families living in remote and hard-to-reach
barangays, although the latter obstacle has been remedied by forming mobile civil
registration teams in selected areas.

https://www.unicef.org/socialpolicy/files/Philippines_GlobalStudy(1).pdf
APPLICABLE LAWS

The Convention on the Rights of the Child (CRC) was the first instrument to incorporate the
complete range of international human rights including civil, cultural, economic, political and
social rights as well as aspects of humanitarian law. The UN General Assembly unanimously
adopted the text of the Convention on the Rights of the Child on November 20, 1989. The
Convention then became the first universal legally binding code of child’s rights in September
1990, after 20 States had ratified it.

The articles of the Convention may be grouped into four categories of rights and a set of guiding
principles:
Guiding principles. The guiding principles of the Convention include non-discrimination;
adherence to the best interests of the child; the right to life, survival and development;
and the right to participate. They represent the underlying requirements for any and all
rights to be realized.
Survival and development rights. These are rights to the resources, skills and
contributions necessary for the survival and full development of the child. They include
rights to adequate food, shelter, clean water, formal education, primary health care,
leisure and recreation, cultural activities and information about their rights. These rights
require not only the existence of the means to fulfil the rights but also access to them.
Specific articles address the needs of child refugees, children with disabilities and
children of minority or indigenous groups.
Protection rights. These rights include protection from all forms of child abuse, neglect,
exploitation and cruelty, including the right to special protection in times of war and
protection from abuse in the criminal justice system.
Participation rights. Children are entitled to the freedom to express opinions and to have a
say in matters affecting their social, economic, religious, cultural and political life.
Participation rights include the right to express opinions and be heard, the right to
information and freedom of association. Engaging these rights as they mature helps
children bring about the realization of all their rights and prepares them for an active role
in society.

Philippines signed the Convention on the Rights of the Child (CRC) on January 26, 1990 and
ratified the Convention on August 21 of the same year. In addition, the Philippines ratified both
CRC Optional Protocols: on May 28, 2002 the Optional Protocol on the sale of children, child
prostitution and child pornography and on August 26, 2003 the Optional Protocol on the Rights
of the Child on the involvement of children in armed conflict.

In accordance with its obligations under international law, the Republic of the Philippines has
enacted ample legislation ensuring the protection of children against all forms of violence, such
as commercial sexual exploitation, child abuse, and child trafficking. Article 15, Section 3(2) of
the 1987 Philippine Constitution ensures the right of children to assistance and protection from
neglect, abuse, cruelty, exploitation and other conditions prejudicial to their development.

The following are the enacted Laws to protect Filipino children against violence, abuse, neglect
and exploitation:
Title Description
Articles 263, Define and specify the punishments for child battery, sexual abuse, and verbal or
265, 266 of physical assaults that debase the dignity of a child
the Revised
Penal Code
(RA 3815 of
1930)
RA 7610 An Act for Stronger Deterrence and Special Protection Against Child Abuse,
(June 17, Exploitation and Discrimination, Providing Penalties for its Violation, and for
1992) Other Purposes. It is a landmark piece of legislation for the protection of
children, provides stronger deterrence and protection against child abuse,
exploitation and discrimination, including those who are being prostituted or are
in danger of being prostituted.

P.D. 603 The Child and Youth Welfare Code defines the rights of children, the
(December responsibilities of parents and the role of other institutions in promoting the
10, 1974) welfare of Filipino children. Prohibited acts include: inflicting cruel and
inhuman punishment to a child; leading the child to an immoral life; inducing a
child to leave an institution where s/he is entrusted to care; failing to report
abuse; unauthorized disclosure of information relating to child sexual abuse; and
abetting, conniving or encouraging a child to delinquency.
Article 166 of Prescribe the procedure for the identification, reporting and referral of cases of
PD 603 and maltreatment, where the head of any public or private hospital or medical facility
Implementing and attending physician must report to the Department of Social Welfare and
Rules and Development (DSWD) within 48 hours regarding an examination and/or
Regulations treatment of a child who appears to have suffered abuse.
of RA 7610
Section 5 of Requires all government workers, especially teachers, to report to the DSWD
Implementing incidence of abuse and neglect in schools, including truancy. The social worker
Rules and of the DSWD shall immediately proceed to the house, school, or establishment
Regulations where the alleged child victim is, within 48 hours of receipt of report. The child
of RA 7610 will be interviewed and a social case study shall be conducted by the social
worker to determine whether the child had been abused. When necessary,
protective custody of the child will be assumed, and the case study will be
brought to court.
RA 7658 An Act Prohibiting the Employment of Children Below 15 Years of Age in
(November 9, Public and Private Undertakings, which amends for the purpose Section 12,
1993) Article VIII of RA 7610
Proclamation Declares as national policy the free registration of births, deaths, marriages and
No. 326 foundlings
(February 14,
1994)
RA 8043 Inter-country Adoption Act, which declares the policy of the State to provide
(June 7, every neglected and abandoned child a family that will provide such child with
1995) love and care as well as opportunities for growth and development.
RA 8371 The Indigenous Peoples Rights Act, which recognizes the vital role of children
(October 29, of indigenous peoples in nation-building and supports mechanisms to protect
1997) their rights. Specifically, it addresses the emerging problem of child-recruitment
in rebel-infested areas of the Philippines.
RA 8552 Domestic Adoption Act/An Act Establishing the Rules and Policies on the
(February 25, Domestic Adoption of Filipino Children and for Other Purposes
1998)
RA 8972 Solo Parents Welfare Act, which provides for benefits and privileges to solo
(2000) parents and their children, and aims to develop a comprehensive package of
social development and welfare services to solo parents and their children to be
undertaken by the DSWD and other relevant government agencies and non-
government organizations (NGOs)
RA 9208 An Act to Institute Policies to Eliminate Trafficking in Persons Especiallly
(May 26, Women and Children, Establishing the Necessary Institutional Mechanism for
2003) the Protection and Support of Trafficked Persons, Providing Penalties for its
Violations, and for Other
RA 9231 An Act Providing for the Elimination of the Worst Forms of Child Labor and
(December Affording Stronger Protection of Filipino Children Against Abuse and Neglect,
19, 2003) which amends RA 7610 and prohibits the employment of children in the worst
forms of child labor.
RA 9255 An Act Allowing Illegitimate Children to Use the Surname of their Father,
(February 24, which aims to spare illegitimate children the shame and stigma normally
2004) attached to their status. It amends Article 176 of the Family Code, which
prohibited illegitimate children from using their father's surname.
RA 9262 Anti-Violence Against Women and Children Act, which protects women and
(March 8, children from all kinds of abuses - physical, emotional, sexual, psychological,
2004) and economic.
RA 9344 Juvenile Justice and Welfare Act/An Act Establishing a Comprehensive Juvenile
(April 28, Justice and Welfare System, Creating the Juvenile Justice and Welfare Council
2006) Under the Department of Justice, Appropriating Funds Therefore and for Other
Purposes. The Act defines the Juvenile Justice and Welfare System as a system
dealing with children at risk and children in conflict with the law, which
provides child-appropriate proceedings, including programs and services for
prevention, diversion, rehabilitation, re-integration and aftercare to ensure their
normal growth and development. RA 9344 institutionalized the promotion of the
well-being of child and their families,
involvement of parents and guardians, promotion of diversion, avoiding
deprivation of liberty and protecting the privacy rights of children.
RA 10630 An Act Strengthening the Juvenile Justice System further emphasized child-
(October 3, sensitive justice policies focused on the best interest of the child. It provided for
2013) the establishment of an Intensive Juvenile Intervention and Support Center for
children (IJISC) under the minimum age of criminal responsibility in “Bahay
Pag-asa”, a 24-hour child-care institution funded and managed by local
government units (LGU) and licensed and/or accredited non-government
organizations.
REFLECTION
“Now the Lord God had formed out of the ground all the wild animals and all the birds in the
sky. He brought them to the man to see what he would name them; and whatever the man called
each living creature, that was its name.” (Genesis 2:19) Naming God’s creation was the first task
and privilege given to human beings in the Garden of Eden.
The right to a name and nationality is one of the most fundamental human rights that we acquire
since birth. We are all entitled to a name. But not every child has been given an official name.
Statistics show that around 10 percent of Filipinos are unofficially registered.
According to the UNICEF’s Global Study on Child Poverty and Disparities, the most common
reasons why a number of Filipinos were not able to have their child’s birth officially registered
include: lack of awareness, economic costs and physical and geographical barriers to families
living in remote and far-flung barangays to access the local civil registry. As a group, we have
addressed these issues in our small way.
We have assisted a number of families from Barangay Dansolihon to have their children’s birth
registered in the City LCR. We have also conducted an information drive to the displaced
families from Lagonglong, Misamis Oriental who are staying as evacuees at the Capitol grounds.
We distributed pamphlets containing information on the importance of and how to get a birth
certificate in the vernacular.

There should be continued training on the BCRS to reach more barangays, particularly where
Muslim and indigenous families live and where it is inaccessible and affected by armed conflict.
To ensure that children of OFWs born abroad are registered, the Department of Foreign Affairs
(DFA), the DSWD, the Commission on Filipinos Overseas (CFO), and other concerned agencies
must include the birth registration of Filipino children born abroad as part of their priority
concerns and institute the processes and procedures to ensure implementation.

The right to a name and nationality is one of the most fundamental human rights. But millions of
children spend much of their lives without this legal identity and the benefits and protections it
affords.

The NSO, now PSA, estimates that about 10 to 15 percent of Filipino children born annually
whose existence are considered "unofficial" because their births were not properly documented.
The birth certificate of a child is a proof of recognition of the newborn's individual importance to
the state and his/her status under the law. Absence of an official record of birth can complicate
enrolment in school and expose them to illegal adoption, trafficking, exploitation as cheap labor,
or involvement in prostitution and criminal activities. The right to be registered at birth is
provided for in Article 7 of the United Nations Convention on the Rights of the Child of which
the Philippines was among the 196 signatories.
Infancy (0-2 years) From birth to about 24 months. The child is dependent on parents
especially the mother for love, nutrition, and and stimulation. A loving, nurturing, and supportive
parents is needed for survival and development of the child. • To be registered at birth •
To be exclusively breast-fed immediately after birth • To receive complete and timely
immunization from common childhood diseases • To be provided with parental care and support

Child Protection Based on UNICEF’s definition,12(From UNICEF’s Child

Protection Information Sheets) child protection pertains to “preventing and
responding to violence, exploitation and abuse against children.” More
specifically, it encompasses all processes, policies, programs, interventions,
and measures that aim to prevent and respond to violence, exploitation, and
abuse against children, with the ultimate goal of ensuring the overall
development of children to their fullest potential. National Laws, Policies, and
Programs The Philippine government’s conscious effort to protect the rights of
families and children dates back as early as 1935, as reflected in the
Constitution at that time. In 1974, then President Ferdinand E. Marcos
promulgated the Presidential Decree (PD) 603 or “The Child and Youth Welfare
Code.” PD 603 codifies laws on the rights of children and the corresponding
sanctions in case these rights are violated. PD 603’s Article 205 created the
Council for the Welfare of Children (CWC) to act as the lead agency in
coordinating the formulation, implementation, and enforcement of all policies,
programs, and projects for the survival, development, protection, and
participation of children. Also, Article 87 of PD 603 provides that “every
barangay council shall encourage the organization of a Local Council for the
Protection of Children and shall coordinate with the Council for the Welfare of
Children and Youth in drawing and implementing plans for the promotion of
child and youth welfare.” Almost 16 years later, the Philippines was the 31st
State to ratify the United Nations Convention on the Rights of the Child (CRC).
The CRC highlights the rights of children on survival, protection, development
and participation. It grants all children and young people a comprehensive set
of fundamental rights, including the right to be protected from economic
exploitation and harmful work, all forms of sexual exploitation and abuse, drug
abuse, physical and mental violence, and trafficking. It also defines categories
of children in need of special protection (CNSP). In 2002, the Philippines
ratified the two Optional Protocols to the CRC on the (i) Involvement of Children
in Armed Conflict;13 and (b) Sale of Children, Child Prostitution, and Child
Pornography.14 The government also acceded to the World Declaration on the
Survival, Protection, and Development of Children, which was adopted in
support of the CRC during the World Summit for Children in September 1990.
In doing so, the country adopted specific childrelated human development
goals for 2000, which were identified in the Plan of Action for Implementing the
Declaration. The accession to the Declaration and the ratification of the CRC
and its Optional Protocols affirmed the government’s commitment to promote
the well-being of children. Such commitment entailed translating the
principles, provisions, and standards of these international agreements into
national laws, policies, concrete programs, and actions that have positive
impacts on children. Using the CRC as framework, and in consultation with
multisectoral groups, the CWC drafted the Philippine Plan of Action for
Children (PPAC) of 1991–2000, which was a holistic and integrated plan to
uphold the right of the Filipino child. Through PPAC, the government
responded to the alarming increase in the number of children in need of special
protection (CNSP). The CWC also came up with the Philippine National
Strategic Framework for Plan Development for Children (PNSFPDC), 2000–
2025, which is considered a sequel of the PPAC. This framework was inspired
by the Millennium Development Goals (MDGs) and the United Nations General
Assembly Special Session (UNGASS) document “A World Fit for Children.” The
government recognizes the link between child protection and the MDGs. Child
protection is viewed as a prerequisite to attaining the MDGs. Conversely,
achieving the MDGs (e.g., promoting universal primary education, empowering
women, and reducing child mortality) is essential in addressing children’s
vulnerability and preventing all forms of violence, abuse, neglect, and
exploitation. Dubbed as Child 21, the PNFPDC is a roadmap for planning
programs and interventions meant to promote and safeguard the rights of
Filipino children. Since it is not a comprehensive and detailed plan, the
National Plan of Action for Children (NPAC) for 2005–2010 was formulated to
help realize Child 21’s vision of a “childsensitive and child-friendly society.”
This vision is based on child’s rights throughout the life cycle. Looking closely
at Box III.1, child protection rights include the right of a child: a. to be safe
from hazardous conditions; b. to be safe from any form of violence, abuse, and
exploitation; and c. to be registered at birth. The implementation of the CRC in
the country included efforts to harmonize it with national legislations and
policies. Prior to 1990, the Philippines already had a strong legislative
framework for upholding the rights of children. The “Child and Youth Welfare
Code” is regarded as the main legislative instrument for protecting Filipino
children. The 1987 Constitution, Civil Code, Labor Code, and Family Code all
contain legal provisions that protect children. Overall, PD 603 and the
Philippine Constitution provide a framework for the promotion of the welfare of
the Filipino children. Article 1 of PD 603 states that... “The child is one of the
most important assets of the nation. Every effort should be exerted to promote
his/[her] welfare and enhance his/[her] opportunities for a useful and happy
life.” Article 15, Section 3 of the Constitution also states that... “The State shall
defend the right of children to assistance, including proper care and nutrition,
and special protection from all forms of neglect, abuse, cruelty, exploitation
and other conditions prejudicial to their development.” The provisions of Family
Code of 1988 are intended to strengthen the role of family in ensuring the
growth and development of children. To address concerns on abandoned and
neglected children, the Code provides for alternative family arrangements
particularly on local adoption. With CRC, Philippines became more resolute to
protect and promote the rights of children especially those in need of special
protection. Children in need of special protection (CNSP) include those:
a. involved in exploitative and hazardous or worst forms of child labor,15
b. neglected and abandoned children
c. street children,
d. victims of commercial sexual exploitation,
e. victims of physical and sexual abuse,
f. children in situations of armed conflict,
g. children in conflict with the law,
h. children involved in illicit activities such as sale and trafficking of drugs,
i. children with disabilities,
j. children of minorities and indigenous peoples,
k. children affected by HIV/AIDS, and
l. child victims of trafficking.
Since 1990, child-specific legislations were guided by the principles, provisions,
and standards of the CRC. The first law enacted in compliance with the CRC is
RA 7610,16 which is “an act providing for stronger deterrence and special
protection against child abuse, exploitation and discrimination.” Box III.2
presents a listing of select enacted laws that protect Filipino children against
violence, abuse, neglect, and exploitation.

In the Philippines, there have been efforts to enforce or put these laws and
policies into action as they are viewed as powerful instruments for protecting
children if translated into concrete programs and interventions. One concrete
example is the formulation of the CPCP for 2006–2010. With CPCP, it is
envisioned that by 2010, all identified CNSP will have been provided with
appropriate interventions including rescue, recovery, healing, and reintegration
services; and legal and judicial protective measures. Children at risk shall also
be prevented from becoming victims of various forms of abuse, neglect,
exploitation, and violence by making available and improving basic social
services such as education, health, and nutrition (SCPC 2006).

The Revised Penal Code (RPC) also lays down the laws for the protection of children. For
example, the exploitation of children is the preserve of Article 278 of the RPC. Article 273, as
amended by R.A. 7610, meanwhile defines rape as a heinous crime in cases when the victim is
under 12 years of age and regardless whether it was consensual or not. Article 340 to 343, which
tackles the corruption of children, also relates to the white slave trade and abductions.

Presidential Degree No. 603 (Child and Youth Welfare Code, December 10, 1974) defines
the rights of children, the responsibilities of parents and the role of other institutions in
promoting the welfare of Filipino children. Prohibited acts include: inflicting cruel and inhuman
punishment to a child; leading the child to an immoral life; inducing a child to leave an
institution where s/he is entrusted to care; failing to report abuse; unauthorized disclosure of
information relating to child sexual abuse; and abetting, conniving or encouraging a child to
delinquency.

Republic Act No. 7610, (the Special Protection of Children Against Abuse, Exploitation and
Discrimination Act, June 17, 1992) is a landmark piece of legislation for the protection of
children, provides stronger deterrence and protection against child abuse, exploitation and
discrimination, including those who are being prostituted or are in danger of being prostituted. It
lays down mandatory reporting in cases of rape or abuse. R.A. 7610 mandates teachers, school
administrators, law enforcers and officials at the baranggay or village level and other government
workers to report all incidents of possible abuse to the Department of Social Welfare and
Development (DSWD), the government agency mandated by the RPC and Executive Order No.
56 to take protective custody of children in prostitution and sexually exploited children.

Republic Act No. 9344 (the “Juvenile Justice and Welfare Act”) defines the Juvenile Justice
and Welfare System as a system dealing with children at risk and children in conflict with the
law, which provides child-appropriate proceedings, including programs and services for
prevention, diversion, rehabilitation, re-integration and aftercare to ensure their normal growth
and development. As an offshoot of the United Nations Convention on the Rights of the Child
(UNCRC), R.A. 9344 intends to deal with these children without resorting to judicial
proceedings. Instead of punishing juvenile offenders and treating them as criminals, these child
offenders will be provided by the State and the community with assistance to prevent them from
committing future offences. R.A. 9344 institutionalized the promotion of the well-being of child
and their families, involvement of parents and guardians, promotion of diversion, avoiding
deprivation of liberty and protecting the privacy rights of children. R.A. 10630 further
emphasized child-sensitive justice policies focused on the best interest of the child. Republic
Act No. 10630 (An Act Strengthening the Juvenile Justice System) provided for the
establishment of an Intensive Juvenile Intervention and Support Center for children (IJISC)
under the minimum age of criminal responsibility in “Bahay Pag-asa”, a 24-hour child-care
institution funded and managed by local government units (LGU) and licensed and/or accredited
non-government organizations. Children in conflict with the law (CICL) who are 15 to 18 years
old shall be housed in these temporary shelters while awaiting trial and the judgment to be
rendered by the courts. Republic Act No. 8369 or the "Family Courts Act of 1997", establishes
Family Courts and grants them jurisdiction over child and family cases. Family Courts are
special courts aiming to give special attention to minors in conflict with the law so that their
cases might be treated sensitively and expeditiously. Under Section 5 of R.A. 8369, only the
Family Court has jurisdiction to deal with cases where the accused is a child at the time of the
commission of the offence unless there is no Family Court in that particular province or city.

The BRP had a wider coverage of local government units with a number of
unregistered Muslim and IP children; and CNSP. In particular, the BRP covered
127 municipalities across the 17 regions of the country with the end in view of
attaining 100-percent birth registration. More specifically, it aims to:
1. Institutionalize the Barangay Civil Registration System (BCRS) to make the
civil registration system more accessible to the people;
2. Using IEC strategies and tools, achieve nationwide awareness-raising on the
right of children to name and nationality;
3. Advocate for relevant laws, policies, and procedures on birth registration;
and
4. Train civil registrars and civil registration agents to make them more
equipped, responsive, and committed to the goal of 100% birth registration
UNICEF, through its 6th Country Programme for Children (CPC6), augmented
the efforts of NSO and Plan Philippines by giving support for LGU training
programs for frontline health workers integrating modules on birth registration.

In 2000–2004, NSO and Plan Philippines collaborated on the conduct of the Unregistered
Children Project (UCP) to address the issue of unregistered children. The UCP was implemented
in 32 municipalities and 2 cities where many unregistered Muslim and IP children, and CNSP
were found. As a follow-through activity, NSO and Plan Philippines jointly worked on the Birth
Registration Project (BRP) in 2004–2007.

CWC (2007) provided a rundown of the gains from the UCP and the BRP, as follows:

a. Some 127 municipalities now have computerized birth registration systems;

b. As of May 2006, there were 1,987 barangay chairmen; 2,405 barangay secretaries; and 5,508
barangay civil registration agents trained in civil registration law and procedures of mobile birth
registration;

c. As of 2006, a total of 1,863,232 unregistered children have been registered broken down as
follows: 970,304 boys and 892,928 girls;

d. February 23, 2005 and every year thereafter was proclaimed by the President as National Birth
Registration Day;

e. Passage of RA 9048, a law that authorizes the city and/or municipal civil registrar or consul
general to correct a clerical or typographical error in an entry and/or change of first name or
nickname in the civil register without the need for judicial order;

f. Issuance of Administrative Order No. 3 Series 2004, on the rules and regulations governing
registration of acts and events concerning civil status of indigenous peoples;

g. Issuance of Memorandum Circular 2004-01 concerning birth registration for children in need
of special protection; and h. Establishment of Barangay Civil Registration System (BCRS) as a
grassroots mechanism to facilitate and sustain 100% registration at all times.
Despite the gains mentioned above,

CATEGORIES OF CHILDREN’S RIGHTS AND WHAT COMPOSES EACH CATEGORY

PROTECTION RIGHTS: KEEPING SAFE FROM HARM
Article 4 (Protection of rights): Governments have a responsibility to take all available measures to
make sure children’s rights are respected, protected and fulfilled. When countries ratify the Convention,
they agree to review their laws relating to children. This involves assessing their social services, legal,
health and educational systems, as well as levels of funding for these services. Governments are then
obliged to take all necessary steps to ensure that the minimum standards set by the Convention in these
areas are being met. They must help families protect children’s rights and create an environment where
they can grow and reach their potential. In some instances, this may involve changing existing laws or
creating new ones. Such legislative changes are not imposed, but come about through the same process
by which any law is created or reformed within a country. Article 41 of the Convention points out the
when a country already has higher legal standards than those seen in the Convention, the higher
standards always prevail. (See Optional Protocol pages.)
Article 11 (Kidnapping): Governments should take steps to stop children being taken out of their own
country illegally. This article is particularly concerned with parental abductions. The Convention’s
Optional Protocol on the sale of children, child prostitution and child pornography has a provision that
concerns abduction for financial gain.
Article 19 (Protection from all forms of violence): Children have the right to be protected from being
hurt and mistreated, physically or mentally. Governments should ensure that children are properly cared
for and protect them from violence, abuse and neglect by their parents, or anyone else who looks after
them. In terms of discipline, the Convention does not specify what forms of punishment parents should
use. However any form of discipline involving violence is unacceptable. There are ways to discipline
children that are effective in helping children learn about family and social expectations for their
behaviour – ones that are non-violent, are appropriate to the child's level of development and take the
best interests of the child into consideration. In most countries, laws already define what sorts of
punishments are considered excessive or abusive. It is up to each government to review these laws in
light of the Convention.
Article 20 (Children deprived of family environment): Children who cannot be looked after by their
own family have a right to special care and must be looked after properly, by people who respect their
ethnic group, religion, culture and language.
Article 21 (Adoption): Children have the right to care and protection if they are adopted or in foster care.
The first concern must be what is best for them. The same rules should apply whether they are adopted
in the country where they were born, or if they are taken to live in another country.
Article 22 (Refugee children): Children have the right to special protection and help if they are refugees
(if they have been forced to leave their home and live in another country), as well as all the rights in this
Convention.
Article 32 (Child labor): The government should protect children from work that is dangerous or might
harm their health or their education. While the Convention protects children from harmful and
exploitative work, there is nothing in it that prohibits parents from expecting their children to help out at
home in ways that are safe and appropriate to their age. If children help out in a family farm or business,
the tasks they do be safe and suited to their level of development and comply with national labour laws.
Children's work should not jeopardize any of their other rights, including the right to education, or the
right to relaxation and play.
Article 33 (Drug abuse): Governments should use all means possible to protect children from the use of
harmful drugs and from being used in the drug trade.
Article 34 (Sexual exploitation): Governments should protect children from all forms of sexual
exploitation and abuse. This provision in the Convention is augmented by the Optional Protocol on the
sale of children, child prostitution and child pornography. (See Optional Protocol pages.)
Article 35 (Abduction, sale and trafficking): The government should take all measures possible to make
sure that children are not abducted, sold or trafficked. This provision in the Convention is augmented by
the Optional Protocol on the sale of children, child prostitution and child pornography. (See Optional
Protocol pages.)
Article 36 (Other forms of exploitation): Children should be protected from any activity that takes
advantage of them or could harm their welfare and development.
Article 37 (Detention and punishment): No one is allowed to punish children in a cruel or harmful way.
Children who break the law should not be treated cruelly. They should not be put in prison with adults,
should be able to keep in contact with their families, and should not be sentenced to death or life
imprisonment without possibility of release.
Article 38 (War and armed conflicts): Governments must do everything they can to protect and care for
children affected by war. Children under 15 should not be forced or recruited to take part in a war or join
the armed forces. The Convention’s Optional Protocol on the involvement of children in armed conflict
further develops this right, raising the age for direct participation in armed conflict to 18 and establishing
a ban on compulsory recruitment for children under 18.
Article 39 (Rehabilitation of child victims): Children who have been neglected, abused or exploited
should receive special help to physically and psychologically recover and reintegrate into society.
Particular attention should be paid to restoring the health, self-respect and dignity of the child.
Article 40 (Juvenile justice): Children who are accused of breaking the law have the right to legal help
and fair treatment in a justice system that respects their rights. Governments are required to set a
minimum age below which children cannot be held criminally responsible and to provide minimum
guarantees for the fairness and quick resolution of judicial or alternative proceedings.
Article 41 (Respect for superior national standards): If the laws of a country provide better protection
of children’s rights than the articles in this Convention, those laws should apply.

SURVIVAL AND DEVELOPMENT RIGHTS: THE BASIC RIGHTS TO LIFE, SURVIVAL AND
DEVELOPMENT OF ONE’S FULL POTENTIAL
Article 4 (Protection of rights): Governments have a responsibility to take all available measures to
make sure children’s rights are respected, protected and fulfilled. When countries ratify the Convention,
they agree to review their laws relating to children. This involves assessing their social services, legal,
health and educational systems, as well as levels of funding for these services. Governments are then
obliged to take all necessary steps to ensure that the minimum standards set by the Convention in these
areas are being met. They must help families protect children’s rights and create an environment where
they can grow and reach their potential. In some instances, this may involve changing existing laws or
creating new ones. Such legislative changes are not imposed, but come about through the same process
by which any law is created or reformed within a country. Article 41 of the Convention points out the
when a country already has higher legal standards than those seen in the Convention, the higher
standards always prevail. (See Optional Protocol pages.)
Article 5 (Parental guidance): Governments should respect the rights and responsibilities of families to
direct and guide their children so that, as they grow, they learn to use their rights properly. Helping
children to understand their rights does not mean pushing them to make choices with consequences that
they are too young to handle. Article 5 encourages parents to deal with rights issues "in a manner
consistent with the evolving capacities of the child". The Convention does not take responsibility for
children away from their parents and give more authority to governments. It does place on governments
the responsibility to protect and assist families in fulfilling their essential role as nurturers of children.
Article 6 (Survival and development): Children have the right to live. Governments should ensure that
children survive and develop healthily.
Article 7 (Registration, name, nationality, care): All children have the right to a legally registered
name, officially recognised by the government. Children have the right to a nationality (to belong to a
country). Children also have the right to know and, as far as possible, to be cared for by their parents.
Article 8 (Preservation of identity): Children have the right to an identity – an official record of who
they are. Governments should respect children’s right to a name, a nationality and family ties.
Article 9 (Separation from parents): Children have the right to live with their parent(s), unless it is bad
for them. Children whose parents do not live together have the right to stay in contact with both parents,
unless this might hurt the child.
Article 10 (Family reunification): Families whose members live in different countries should be allowed
to move between those countries so that parents and children can stay in contact, or get back together as
a family.
Article 14 (Freedom of thought, conscience and religion): Children have the right to think and believe
what they want and to practise their religion, as long as they are not stopping other people from enjoying
their rights. Parents should help guide their children in these matters. The Convention respects the rights
and duties of parents in providing religious and moral guidance to their children. Religious groups around
the world have expressed support for the Convention, which indicates that it in no way prevents parents
from bringing their children up within a religious tradition. At the same time, the Convention recognizes
that as children mature and are able to form their own views, some may question certain religious
practices or cultural traditions. The Convention supports children's right to examine their beliefs, but it
also states that their right to express their beliefs implies respect for the rights and freedoms of others.
Article 18 (Parental responsibilities; state assistance): Both parents share responsibility for bringing
up their children, and should always consider what is best for each child. Governments must respect the
responsibility of parents for providing appropriate guidance to their children – the Convention does not
take responsibility for children away from their parents and give more authority to governments. It places
a responsibility on governments to provide support services to parents, especially if both parents work
outside the home.
Article 20 (Children deprived of family environment): Children who cannot be looked after by their
own family have a right to special care and must be looked after properly, by people who respect their
ethnic group, religion, culture and language.
Article 22 (Refugee children): Children have the right to special protection and help if they are refugees
(if they have been forced to leave their home and live in another country), as well as all the rights in the
Convention.
Article 23 (Children with disabilities): Children who have any kind of disability have the right to special
care and support, as well as all the rights in the Convention, so that they can live full and independent
lives.
Article 24 (Health and health services): Children have the right to good quality health care – the best
health care possible – to safe drinking water, nutritious food, a clean and safe environment, and
information to help them stay healthy. Rich countries should help poorer countries achieve this.
Article 25 (Review of treatment in care): Children who are looked after by their local authorities, rather
than their parents, have the right to have these living arrangements looked at regularly to see if they are
the most appropriate. Their care and treatment should always be based on “the best interests of the
child”. (see Guiding Principles, Article 3)
Article 26 (Social security): Children – either through their guardians or directly – have the right to help
from the government if they are poor or in need.
Article 27 (Adequate standard of living): Children have the right to a standard of living that is good
enough to meet their physical and mental needs. Governments should help families and guardians who
cannot afford to provide this, particularly with regard to food, clothing and housing.
Article 28: (Right to education): All children have the right to a primary education, which should be
free. Wealthy countries should help poorer countries achieve this right. Discipline in schools should
respect children’s dignity. For children to benefit from education, schools must be run in an orderly way –
without the use of violence. Any form of school discipline should take into account the child's human
dignity. Therefore, governments must ensure that school administrators review their discipline policies
and eliminate any discipline practices involving physical or mental violence, abuse or neglect. The
Convention places a high value on education. Young people should be encouraged to reach the highest
level of education of which they are capable.
Article 29 (Goals of education): Children’s education should develop each child’s personality, talents
and abilities to the fullest. It should encourage children to respect others, human rights and their own
and other cultures. It should also help them learn to live peacefully, protect the environment and respect
other people. Children have a particular responsibility to respect the rights their parents, and education
should aim to develop respect for the values and culture of their parents. The Convention does not
address such issues as school uniforms, dress codes, the singing of the national anthem or prayer in
schools. It is up to governments and school officials in each country to determine whether, in the context
of their society and existing laws, such matters infringe upon other rights protected by the Convention.
Article 30 (Children of minorities/indigenous groups): Minority or indigenous children have the right
to learn about and practice their own culture, language and religion. The right to practice one’s own
culture, language and religion applies to everyone; the Convention here highlights this right in instances
where the practices are not shared by the majority of people in the country.
Article 31 (Leisure, play and culture): Children have the right to relax and play, and to join in a wide
range of cultural, artistic and other recreational activities.
Article 42 (Knowledge of rights): Governments should make the Convention known to adults and
children. Adults should help children learn about their rights, too. (See Protection rights, article 4.)

PARTICIPATION RIGHTS: HAVING AN ACTIVE VOICE

Article 4 (Protection of rights): Governments have a responsibility to take all available measures to
make sure children’s rights are respected, protected and fulfilled. When countries ratify the Convention,
they agree to review their laws relating to children. This involves assessing their social services, legal,
health and educational systems, as well as levels of funding for these services. Governments are then
obliged to take all necessary steps to ensure that the minimum standards set by the Convention in these
areas are being met. They must help families protect children’s rights and create an environment where
they can grow and reach their potential. In some instances, this may involve changing existing laws or
creating new ones. Such legislative changes are not imposed, but come about through the same process
by which any law is created or reformed within a country. Article 41 of the Convention points out the
when a country already has higher legal standards than those seen in the Convention, the higher
standards always prevail. (See Optional Protocol pages.)
Article 12 (Respect for the views of the child): When adults are making decisions that affect children,
children have the right to say what they think should happen and have their opinions taken into account.
Article 13 (Freedom of expression): Children have the right to get and share information, as long as the
information is not damaging to them or others. In exercising the right to freedom of expression, children
have the responsibility to also respect the rights, freedoms and reputations of others. The freedom of
expression includes the right to share information in any way they choose, including by talking, drawing
or writing.
Article 14 (Freedom of thought, conscience and religion): Children have the right to think and believe
what they want and to practice their religion, as long as they are not stopping other people from enjoying
their rights. Parents should help guide their children in these matters. The Convention respects the rights
and duties of parents in providing religious and moral guidance to their children. Religious groups around
the world have expressed support for the Convention, which indicates that it in no way prevents parents
from bringing their children up within a religious tradition. At the same time, the Convention recognizes
that as children mature and are able to form their own views, some may question certain religious
practices or cultural traditions. The Convention supports children's right to examine their beliefs, but it
also states that their right to express their beliefs implies respect for the rights and freedoms of others.
Article 15 (Freedom of association): Children have the right to meet together and to join groups and
organisations, as long as it does not stop other people from enjoying their rights. In exercising their
rights, children have the responsibility to respect the rights, freedoms and reputations of others.
Article 16 (Right to privacy): Children have a right to privacy. The law should protect them from attacks
against their way of life, their good name, their families and their homes.
Article 17 (Access to information; mass media): Children have the right to get information that is
important to their health and well-being. Governments should encourage mass media – radio, television,
newspapers and Internet content sources – to provide information that children can understand and to
not promote materials that could harm children. Mass media should particularly be encouraged to supply
information in languages that minority and indigenous children can understand. Children should also
have access to children’s books.

GUIDING PRINCIPLES OF THE CRC

FEATURES OF THE CRC
(1) The first UNIVERSAL LEGALLY BINDING code of child rights in history
(2) MOST RATIFIED UN treaty/convention
(3) UNPRECEDENTED RAPIDITY in signing and entry into force
(4) MOST COMPREHENSIVE International human rights instrument
(5) INTERDEPENDENCE & INDIVISIBILITY of children’s rights
(6) Lays down common standards but flexible in implementation
(7) CULTURE SENSITIVE
(8) Incorporates NEW ATTITUDES towards children

IDENTIFICATION OF THE CRC OPTIONAL PROTOCOLS

OPTIONAL PROTOCOLS TO CRC
(i) Optional Protocol to the Convention on the Rights of the Child on the sale of children, child
prostitution and child pornography
The States Parties to the present Protocol,
Considering that, in order further to achieve the purposes of the Convention on the Rights of the Child1
and the implementation of its provisions, especially articles 1, 11, 21, 32, 33, 34, 35 and 36, it would be
appropriate to extend the measures that States Parties should undertake in order to guarantee the
protection of the child from the sale of children, child prostitution and child pornography, Considering
also that the Convention on the Rights of the Child recognizes the right of the child to be protected from
economic exploitation and from performing any work that is likely to be hazardous or to interfere with the
child's education, or to be harmful to the child's health or physical, mental, spiritual, moral or social
development,
Gravely concerned at the significant and increasing international traffic in children for the purpose of the
sale of children, child prostitution and child pornography,
Deeply concerned at the widespread and continuing practice of sex tourism, to which children are
especially vulnerable, as it directly promotes the sale of children, child prostitution and child
pornography,
Recognizing that a number of particularly vulnerable groups, including girl children, are at greater risk of
sexual exploitation and that girl children are disproportionately represented among the sexually exploited,
Concerned about the growing availability of child pornography on the Internet and other evolving
technologies, and recalling the International Conference on Combating Child Pornography on the Internet,
held in Vienna in 1999, in particular its conclusion calling for the worldwide criminalization of the
production, distribution, exportation, transmission, importation, intentional possession and advertising of
child pornography, and stressing the importance of closer cooperation and partnership between
Governments and the Internet industry,
Believing that the elimination of the sale of children, child prostitution and child pornography will be
facilitated by adopting a holistic approach, addressing the contributing factors, including
underdevelopment, poverty, economic disparities, inequitable socio-economic structure, dysfunctioning
families, lack of education, urban-rural migration, gender discrimination, irresponsible adult sexual
behaviour, harmful traditional practices, armed conflicts and trafficking in children,
Believing also that efforts to raise public awareness are needed to reduce consumer demand for the sale
of children, child prostitution and child pornography, and believing further in the importance of
strengthening global partnership among all actors and of improving law enforcement at the national level,
Noting the provisions of international legal instruments relevant to the protection of children, including
the Hague Convention on Protection of Children and Cooperation in Respect of Intercountry Adoption, the
Hague Convention on the Civil Aspects of International Child Abduction, the Hague Convention on
Jurisdiction, Applicable Law, Recognition, Enforcement and Cooperation in Respect of Parental
Responsibility and Measures for the Protection of Children, and International Labour Organization
Convention No. 182 on the Prohibition and Immediate Action for the Elimination of the Worst Forms of
Child Labour,
Encouraged by the overwhelming support for the Convention on the Rights of the Child, demonstrating
the widespread commitment that exists for the promotion and protection of the rights of the child,
Recognizing the importance of the implementation of the provisions of the Programme of Action for the
Prevention of the Sale of Children, Child Prostitution and Child Pornography and the Declaration
and Agenda for Action adopted at the World Congress against Commercial Sexual Exploitation of
Children, held in Stockholm from 27 to 31 August 1996, and the other relevant decisions and
recommendations of pertinent international bodies,

Taking due account of the importance of the traditions and cultural values of each people for the
protection and harmonious development of the child,
Have agreed as follows:
Article 1
States Parties shall prohibit the sale of children, child prostitution and child pornography as provided for
by the present Protocol.
Article 2
For the purposes of the present Protocol:
(a) Sale of children means any act or transaction whereby a child is transferred by any person or group of
persons to another for remuneration or any other consideration;
(b) Child prostitution means the use of a child in sexual activities for remuneration or any other form of
consideration;
(c) Child pornography means any representation, by whatever means, of a child engaged in real or
simulated explicit sexual activities or any representation of the sexual parts of a child for primarily sexual
purposes.
Article 3
1. Each State Party shall ensure that, as a minimum, the following acts and activities are fully covered
under its criminal or penal law, whether such offences are committed domestically or transnationally or
on an individual or organized basis:
(a) In the context of sale of children as defined in article 2:
(i) Offering, delivering or accepting, by whatever means, a child for the purpose of:
a. Sexual exploitation of the child;
b. Transfer of organs of the child for profit;
c. Engagement of the child in forced labour;
(ii) Improperly inducing consent, as an intermediary, for the adoption of a child in violation of applicable
international legal instruments on adoption;
(b) Offering, obtaining, procuring or providing a child for child prostitution, as defined in article 2;
(c) Producing, distributing, disseminating, importing, exporting, offering, selling or possessing for the
above purposes child pornography as defined in article 2.
2. Subject to the provisions of the national law of a State Party, the same shall apply to an attempt to
commit any of the said acts and to complicity or participation in any of the said acts.
3. Each State Party shall make such offences punishable by appropriate penalties that take into account
their grave nature.
4. Subject to the provisions of its national law, each State Party shall take measures, where appropriate,
to establish the liability of legal persons for offences established in paragraph 1 of the present article.
Subject to the legal principles of the State Party, such liability of legal persons may be criminal, civil or
administrative.
5. States Parties shall take all appropriate legal and administrative measures to ensure that all persons
involved in the adoption of a child act in conformity with applicable international legal instruments.
Article 4
1. Each State Party shall take such measures as may be necessary to establish its jurisdiction over the
offences referred to in article 3, paragraph 1, when the offences are commited in its territory or on board a
ship or aircraft registered in that State.
2. Each State Party may take such measures as may be necessary to establish its jurisdiction over the
offences referred to in article 3, paragraph 1, in the following cases: (a) When the alleged offender is a
national of that State or a person who has his habitual residence in its territory;
(b) When the victim is a national of that State.
3. Each State Party shall also take such measures as may be necessary to establish its jurisdiction over
the aforementioned offences when the alleged offender is present in its territory and it does not extradite
him or her to another State Party on the ground that the offence has been committed by one of its
nationals.
4. The present Protocol does not exclude any criminal jurisdiction exercised in accordance with internal
law.
Article 5
1. The offences referred to in article 3, paragraph 1, shall be deemed to be included as extraditable
offences in any extradition treaty existing between States Parties and shall be included as extraditable
offences in every extradition treaty subsequently concluded between them, in accordance with the
conditions set forth in such treaties.
2. If a State Party that makes extradition conditional on the existence of a treaty receives a request for
extradition from another State Party with which it has no extradition treaty, it may consider the present
Protocol to be a legal basis for extradition in respect of such offences. Extradition shall be subject to the
conditions provided by the law of the requested State.
3. States Parties that do not make extradition conditional on the existence of a treaty shall recognize such
offences as extraditable offences between themselves subject to the conditions provided by the law of the
requested State.
4. Such offences shall be treated, for the purpose of extradition between States Parties, as if they had
been committed not only in the place in which they occurred but also in the territories of the States
required to establish their jurisdiction in accordance with article 4.
5. If an extradition request is made with respect to an offence described in article 3, paragraph 1, and the
requested State Party does not or will not extradite on the basis of the nationality of the offender, that
State shall take suitable measures to submit the case to its competent authorities for the purpose of
prosecution.
Article 6
1. States Parties shall afford one another the greatest measure of assistance in connection with
investigations or criminal or extradition proceedings brought in respect of the offences set forth in article
3, paragraph 1, including assistance in obtaining evidence at their disposal necessary for the proceedings.
2. States Parties shall carry out their obligations under paragraph 1 of the present article in conformity
with any treaties or other arrangements on mutual legal assistance that may exist between them. In the
absence of such treaties or arrangements, States Parties shall afford one another assistance in
accordance with their domestic law.
Article 7
States Parties shall, subject to the provisions of their national law: (a) Take measures to provide for the
seizure and confiscation, as appropriate, of:
(i) Goods, such as materials, assets and other instrumentalities used to commit or facilitate offences
under the present protocol;
(ii) Proceeds derived from such offences;
(b) Execute requests from another State Party for seizure or confiscation of goods or proceeds referred to
in subparagraph (a);
(c) Take measures aimed at closing, on a temporary or definitive basis, premises used to commit such
offences.
Article 8
1. States Parties shall adopt appropriate measures to protect the rights and interests of child victims of
the practices prohibited under the present Protocol at all stages of the criminal justice process, in
particular by:
(a) Recognizing the vulnerability of child victims and adapting procedures to recognize their special needs,
including their special needs as witnesses;
(b) Informing child victims of their rights, their role and the scope, timing and progress of the proceedings
and of the disposition of their cases;
(c) Allowing the views, needs and concerns of child victims to be presented and considered in proceedings
where their personal interests are affected, in a manner consistent with the procedural rules of national
law;
(d) Providing appropriate support services to child victims throughout the legal process;
(e) Protecting, as appropriate, the privacy and identity of child victims and taking measures in accordance
with national law to avoid the inappropriate dissemination of information that could lead to the
identification of child victims;
(f) Providing, in appropriate cases, for the safety of child victims, as well as that of their families and
witnesses on their behalf, from intimidation and retaliation;
(g) Avoiding unnecessary delay in the disposition of cases and the execution of orders or decrees granting
compensation to child victims.
2. States Parties shall ensure that uncertainty as to the actual age of the victim shall not prevent the
initiation of criminal investigations, including investigations aimed at establishing the age of the victim.
3. States Parties shall ensure that, in the treatment by the criminal justice system of children who are
victims of the offences described in the present Protocol, the best interest of the child shall be a primary
consideration.
4. States Parties shall take measures to ensure appropriate training, in particular legal and psychological
training, for the persons who work with victims of the offences prohibited under the present Protocol.
5. States Parties shall, in appropriate cases, adopt measures in order to protect the safety and integrity of
those persons and/or organizations involved in the prevention and/or protection and rehabilitation of
victims of such offences.
6. Nothing in the present article shall be construed to be prejudicial to or inconsistent with the rights of
the accused to a fair and impartial trial.
Article 9
1. States Parties shall adopt or strengthen, implement and disseminate laws, administrative measures,
social policies and programmes to prevent the offences referred to in the present Protocol. Particular
attention shall be given to protect children who are especially vulnerable to such practices.
2. States Parties shall promote awareness in the public at large, including children, through information
by all appropriate means, education and training, about the preventive measures and harmful effects of
the offences referred to in the present Protocol. In fulfilling their obligations under this article, States
Parties shall encourage the participation of the community and, in particular, children and child victims,
in such information and education and training programmes, including at the international level.
3. States Parties shall take all feasible measures with the aim of ensuring all appropriate assistance to
victims of such offences, including their full social reintegration and their full physical and psychological
recovery.
4. States Parties shall ensure that all child victims of the offences described in the present Protocol have
access to adequate procedures to seek, without discrimination, compensation for damages from those
legally responsible.
5. States Parties shall take appropriate measures aimed at effectively prohibiting the production and
dissemination of material advertising the offences described in the present Protocol.
Article 10
1. States Parties shall take all necessary steps to strengthen international cooperation by multilateral,
regional and bilateral arrangements for the prevention, detection, investigation, prosecution and
punishment of those responsible for acts involving the sale of children, child prostitution, child
pornography and child sex tourism. States Parties shall also promote international cooperation and
coordination between their authorities, national and international non-governmental organizations and
international organizations.
2. States Parties shall promote international cooperation to assist child victims in their physical and
psychological recovery, social reintegration and repatriation.
3. States Parties shall promote the strengthening of international cooperation in order to address the root
causes, such as poverty and underdevelopment, contributing to the vulnerability of children to the sale of
children, child prostitution, child pornography and child sex tourism.
4. States Parties in a position to do so shall provide financial, technical or other assistance through
existing multilateral, regional, bilateral or other programmes.
Article 11
Nothing in the present Protocol shall affect any provisions that are more conducive to the realization of
the rights of the child and that may be contained in:
(a) The law of a State Party;
(b) International law in force for that State.
Article 12
1. Each State Party shall, within two years following the entry into force of the present Protocol for that
State Party, submit a report to the Committee on the Rights of the Child providing comprehensive
information on the measures it has taken to implement the provisions of the Protocol.
2. Following the submission of the comprehensive report, each State Party shall include in the reports
they submit to the Committee on the Rights of the Child, in accordance with article 44 of the Convention,
any further information with respect to the implementation of the present Protocol. Other States Parties
to the Protocol shall submit a report every five years.
3. The Committee on the Rights of the Child may request from States Parties further information relevant
to the implementation of the present Protocol.
Article 13
1. The present Protocol is open for signature by any State that is a party to the Convention or has signed
it.
2. The present Protocol is subject to ratification and is open to accession by any State that is a party to
the Convention or has signed it. Instruments of ratification or accession shall be deposited with the
Secretary-General of the United Nations.
Article 14
1. The present Protocol shall enter into force three months after the deposit of the tenth instrument of
ratification or accession.
2. For each State ratifying the present Protocol or acceding to it after its entry into force, the Protocol shall
enter into force one month after the date of the deposit of its own instrument of ratification or accession.
Article 15
1. Any State Party may denounce the present Protocol at any time by written notification to the Secretary-
General of the United Nations, who shall thereafter inform the other States Parties to the Convention and
all States that have signed the Convention. The denunciation shall take effect one year after the date of
receipt of the notification by the Secretary-General.
2. Such a denunciation shall not have the effect of releasing the State Party from its obligations under the
present Protocol in regard to any offence that occurs prior to the date on which the denunciation becomes
effective. Nor shall such a denunciation prejudice in any way the continued consideration of any matter
that is already under consideration by the Committee on the Rights of the Child prior to the date on
which the denunciation becomes effective.
Article 16
1. Any State Party may propose an amendment and file it with the Secretary-General of the United
Nations. The Secretary-General shall thereupon communicate the proposed amendment to States Parties
with a request that they indicate whether they favour a conference of States Parties for the purpose of
considering and voting upon the proposals. In the event that, within four months from the date of such
communication, at least one third of the States Parties favour such a conference, the Secretary-General
shall convene the conference under the auspices of the United Nations. Any amendment adopted by a
majority of States Parties present and voting at the conference shall be submitted to the General
Assembly of the United Nations for approval.
2. An amendment adopted in accordance with paragraph 1 of the present article shall enter into force
when it has been approved by the General Assembly and accepted by a two-thirds majority of States
Parties.
3. When an amendment enters into force, it shall be binding on those States Parties that have accepted it,
other States Parties still being bound by the provisions of the present Protocol and any earlier
amendments they have accepted.
Article 17
1. The present Protocol, of which the Arabic, Chinese, English, French, Russian and Spanish texts are
equally authentic, shall be deposited in the archives of the United Nations.
2. The Secretary-General of the United Nations shall transmit certified copies of the present Protocol to all
States Parties to the Convention and all States that have signed the Convention.

(ii) Optional Protocol to the Convention on the Rights of the Child on the involvement of children
in armed conflict
The States Parties to the present Protocol,
Encouraged by the overwhelming support for the Convention on the Rights of the Child, demonstrating
the widespread commitment that exists to strive for the promotion and protection of the rights of the
child,
Reaffirming that the rights of children require special protection, and calling for continuous improvement
of the situation of children without distinction, as well as for their development and education in
conditions of peace and security,
Disturbed by the harmful and widespread impact of armed conflict on children and the long-term
consequences it has for durable peace, security and development,
Condemning the targeting of children in situations of armed conflict and direct attacks on objects
protected under international law, including places that generally have a significant presence of children,
such as schools and hospitals,
Noting the adoption of the Rome Statute of the International Criminal Court, in particular, the inclusion
therein as a war crime, of conscripting or enlisting children under the age of 15 years or using them to
participate actively in hostilities in both international and non-international armed conflicts,
Considering therefore that to strengthen further the implementation of rights recognized in the
Convention on the Rights of the Child there is a need to increase the protection of children from
involvement in armed conflict,
Noting that article 1 of the Convention on the Rights of the Child specifies that, for the purposes of that
Convention, a child means every human being below the age of 18 years unless, under the law applicable
to the child, majority is attained earlier, Convinced that an optional protocol to the Convention that raises
the age of possible recruitment of persons into armed forces and their participation in hostilities will
contribute effectively to the implementation of the principle that the best interests of the child are to be a
primary consideration in all actions concerning children,
Noting that the twenty-sixth International Conference of the Red Cross and Red Crescent in December
1995 recommended, inter alia, that parties to conflict take every feasible step to ensure that children
below the age of 18 years do not take part in hostilities,
Welcoming the unanimous adoption, in June 1999, of International Labour Organization Convention No.
182 on the Prohibition and Immediate Action for the Elimination of the Worst Forms of Child Labour,
which prohibits, inter alia, forced or compulsory recruitment of children for use in armed conflict,
Condemning with the gravest concern the recruitment, training and use within and across national
borders of children in hostilities by armed groups distinct from the armed forces of a State, and
recognizing the responsibility of those who recruit, train and use children in this regard,
Recalling the obligation of each party to an armed conflict to abide by the provisions of international
humanitarian law,
Stressing that the present Protocol is without prejudice to the purposes and principles contained in the
Charter of the United Nations, including Article 51, and relevant norms of humanitarian law,
Bearing in mind that conditions of peace and security based on full respect of the purposes and principles
contained in the Charter and observance of applicable human rights instruments are indispensable for
the full protection of children, in particular during armed conflicts and foreign occupation,
Recognizing the special needs of those children who are particularly vulnerable to recruitment or use in
hostilities contrary to the present Protocol owing to their economic or social status or gender,
Mindful of the necessity of taking into consideration the economic, social and political root causes of the
involvement of children in armed conflicts,
Convinced of the need to strengthen international cooperation in the implementation of the present
Protocol, as well as the physical and psychosocial rehabilitation and social reintegration of children who
are victims of armed conflict,
Encouraging the participation of the community and, in particular, children and child victims in the
dissemination of informational and educational programmes concerning the implementation of the
Protocol,
Have agreed as follows:
Article 1
States Parties shall take all feasible measures to ensure that members of their armed forces who have not
attained the age of 18 years do not take a direct part in hostilities.
Article 2
States Parties shall ensure that persons who have not attained the age of 18 years are not compulsorily
recruited into their armed forces.
Article 3
1. States Parties shall raise in years the minimum age for the voluntary recruitment of persons into their
national armed forces from that set out in article 38, paragraph 3, of the Convention on the Rights of the
Child,1 taking account of the principles contained in that article and recognizing that under the
Convention persons under the age of 18 years are entitled to special protection.
2. Each State Party shall deposit a binding declaration upon ratification of or accession to the present
Protocol that sets forth the minimum age at which it will permit voluntary recruitment into its national
armed forces and a description of the safeguards it has adopted to ensure that such recruitment is not
forced or coerced.
3. States Parties that permit voluntary recruitment into their national armed forces under the age of 18
years shall maintain safeguards to ensure, as a minimum, that:
(a) Such recruitment is genuinely voluntary;
(b) Such recruitment is carried out with the informed consent of the person's parents or legal guardians;
(c) Such persons are fully informed of the duties involved in such military service;
(d) Such persons provide reliable proof of age prior to acceptance into national military service.
4. Each State Party may strengthen its declaration at any time by notification to that effect addressed to
the Secretary-General of the United Nations, who shall inform all States Parties. Such notification shall
take effect on the date on which it is received by the Secretary-General.
5. The requirement to raise the age in paragraph 1 of the present article does not apply to schools
operated by or under the control of the armed forces of the States Parties, in keeping with articles 28 and
29 of the Convention on the Rights of the Child.
Article 4
1. Armed groups that are distinct from the armed forces of a State should not, under any circumstances,
recruit or use in hostilities persons under the age of 18 years.
2. States Parties shall take all feasible measures to prevent such recruitment and use, including the
adoption of legal measures necessary to prohibit and criminalize such practices.
3. The application of the present article shall not affect the legal status of any party to an armed conflict.
Article 5
Nothing in the present Protocol shall be construed as precluding provisions in the law of a State Party or
in international instruments and international humanitarian law that are more conducive to the
realization of the rights of the child.
Article 6
1. Each State Party shall take all necessary legal, administrative and other measures to ensure the
effective implementation and enforcement of the provisions of the present Protocol within its jurisdiction.
2. States Parties undertake to make the principles and provisions of the present Protocol widely known
and promoted by appropriate means, to adults and children alike.
3. States Parties shall take all feasible measures to ensure that persons within their jurisdiction recruited
or used in hostilities contrary to the present Protocol are demobilized or otherwise released from service.
States Parties shall, when necessary, accord to such persons all appropriate assistance for their physical
and psychological recovery and their social reintegration.
Article 7
1. States Parties shall cooperate in the implementation of the present Protocol, including in the
prevention of any activity contrary thereto and in the rehabilitation and social reintegration of persons
who are victims of acts contrary thereto, including through technical cooperation and financial
assistance. Such assistance and cooperation will be undertaken in consultation with the States Parties
concerned and the relevant international organizations.
2. States Parties in a position to do so shall provide such assistance through existing multilateral,
bilateral or other programmes or, inter alia, through a voluntary fund established in accordance with the
rules of the General Assembly.
Article 8
1. Each State Party shall, within two years following the entry into force of the present Protocol for that
State Party, submit a report to the Committee on the Rights of the Child providing comprehensive
information on the measures it has taken to implement the provisions of the Protocol, including the
measures taken to implement the provisions on participation and recruitment.
2. Following the submission of the comprehensive report, each State Party shall include in the reports it
submits to the Committee on the Rights of the Child, in accordance with article 44 of the Convention, any
further information with respect to the implementation of the Protocol. Other States Parties to the
Protocol shall submit a report every five years.
3. The Committee on the Rights of the Child may request from States Parties further information relevant
to the implementation of the present Protocol. Article 9
1. The present Protocol is open for signature by any State that is a party to the Convention or has signed
it.
2. The present Protocol is subject to ratification and is open to accession by any State. Instruments of
ratification or accession shall be deposited with the Secretary-General of the United Nations.
3. The Secretary-General, in his capacity as depositary of the Convention and the Protocol, shall inform
all States Parties to the Convention and all States that have signed the Convention of each instrument of
declaration pursuant to article 3.
Article 10
1. The present Protocol shall enter into force three months after the deposit of the tenth instrument of
ratification or accession.
2. For each State ratifying the present Protocol or acceding to it after its entry into force, the Protocol shall
enter into force one month after the date of the deposit of its own instrument of ratification or accession.
Article 11
1. Any State Party may denounce the present Protocol at any time by written notification to the Secretary-
General of the United Nations, who shall thereafter inform the other States Parties to the Convention and
all States that have signed the Convention. The denunciation shall take effect one year after the date of
receipt of the notification by the Secretary-General. If, however, on the expiry of that year the denouncing
State Party is engaged in armed conflict, the denunciation shall not take effect before the end of the
armed conflict.
2. Such a denunciation shall not have the effect of releasing the State Party from its obligations under the
present Protocol in regard to any act that occurs prior to the date on which the denunciation becomes
effective. Nor shall such a denunciation prejudice in any way the continued consideration of any matter
that is already under consideration by the Committee on the Rights of the Child prior to the date on
which the denunciation becomes effective.
Article 12
1. Any State Party may propose an amendment and file it with the Secretary-General of the United
Nations. The Secretary-General shall thereupon communicate the proposed amendment to States Parties
with a request that they indicate whether they favour a conference of States Parties for the purpose of
considering and voting upon the proposals. In the event that, within four months from the date of such
communication, at least one third of the States Parties favour such a conference, the Secretary-General
shall convene the conference under the auspices of the United Nations. Any amendment adopted by a
majority of States Parties present and voting at the conference shall be submitted to the General
Assembly of the United Nations for approval.
2. An amendment adopted in accordance with paragraph 1 of the present article shall enter into force
when it has been approved by the General Assembly and accepted by a two-thirds majority of States
Parties.
3. When an amendment enters into force, it shall be binding on those States Parties that have accepted it,
other States Parties still being bound by the provisions of the present Protocol and any earlier
amendments they have accepted.
Article 13
1. The present Protocol, of which the Arabic, Chinese, English, French, Russian and Spanish texts are
equally authentic, shall be deposited in the archives of the United Nations.
2. The Secretary-General of the United Nations shall transmit certified copies of the present Protocol to all
States Parties to the Convention and all States that have signed the Convention.

RA 7610 : WHO IS A CHILD

(a) "Children" refers to person below eighteen (18) years of age or those over but are unable to fully take
care of themselves or protect themselves from abuse, neglect, cruelty, exploitation or discrimination
because of a physical or mental disability or condition;

WHAT IS CHILD ABUSE

"Child abuse" refers to the maltreatment, whether habitual or not, of the child which includes any of the
following:
(1) Psychological and physical abuse, neglect, cruelty, sexual abuse and emotional maltreatment;
(2) Any act by deeds or words which debases, degrades or demeans the intrinsic worth and dignity of a
child as a human being;
(3) Unreasonable deprivation of his basic needs for survival, such as food and shelter; or
(4) Failure to immediately give medical treatment to an injured child resulting in serious impairment of
his growth and development or in his permanent incapacity or death.

WHO CAN FILE

Section 27. Who May File a Complaint. – Complaints on cases of unlawful acts committed against the
children as enumerated herein may be filed by the following:
(a) Offended party;
(b) Parents or guardians;
(c) Ascendant or collateral relative within the third degree of consanguinity;1awphi1@ITC
(d) Officer, social worker or representative of a licensed child-caring institution;
(e) Officer or social worker of the Department of Social Welfare and Development;
(f) Barangay chairman; or
(g) At least three (3) concerned responsible citizens where the violation occurred.

WHAT IS ATTEMPT TO COMMIT CHILD PROSTITUTION

Attempt To Commit Child Prostitution. – There is an attempt to commit child prostitution under
Section 5, paragraph (a) hereof when any person who, not being a relative of a child, is found alone with
the said child inside the room or cubicle of a house, an inn, hotel, motel, pension house, apartelle or
other similar establishments, vessel, vehicle or any other hidden or secluded area under circumstances
which would lead a reasonable person to believe that the child is about to be exploited in prostitution and
other sexual abuse.
There is also an attempt to commit child prostitution, under paragraph (b) of Section 5 hereof when any
person is receiving services from a child in a sauna parlor or bath, massage clinic, health club and other
similar establishments. A penalty lower by two (2) degrees than that prescribed for the consummated
felony under Section 5 hereof shall be imposed upon the principals of the attempt to commit the crime of
child prostitution under this Act, or, in the proper case, under the Revised Penal Code.

WHAT IS ATTEMPT TO COMMIT CHILD TRAFFICKING

Section 8. Attempt to Commit Child Trafficking. – There is an attempt to commit child trafficking
under Section 7 of this Act:
(a) When a child travels alone to a foreign country without valid reason therefor and without clearance
issued by the Department of Social Welfare and Development or written permit or justification from the
child's parents or legal guardian;
(c) When a person, agency, establishment or child-caring institution recruits women or couples to bear
children for the purpose of child trafficking; or
(d) When a doctor, hospital or clinic official or employee, nurse, midwife, local civil registrar or any other
person simulates birth for the purpose of child trafficking; or
(e) When a person engages in the act of finding children among low-income families, hospitals, clinics,
nurseries, day-care centers, or other child-during institutions who can be offered for the purpose of child
trafficking.
A penalty lower two (2) degrees than that prescribed for the consummated felony under Section 7 hereof
shall be imposed upon the principals of the attempt to commit child trafficking under this Act.

WHAT ARE OTHER ACTS OF NEGLECT, ABUSE, CRUELTY OR EXPLOITATION

Section 10. Other Acts of Neglect, Abuse, Cruelty or Exploitation and Other Conditions Prejudicial
to the Child's Development. –
(a) Any person who shall commit any other acts of child abuse, cruelty or exploitation or to be responsible
for other conditions prejudicial to the child's development including those covered by Article 59 of
Presidential Decree No. 603, as amended, but not covered by the Revised Penal Code, as amended, shall
suffer the penalty of prision mayor in its minimum period.
(b) Any person who shall keep or have in his company a minor, twelve (12) years or under or who in ten
(10) years or more his junior in any public or private place, hotel, motel, beer joint, discotheque, cabaret,
pension house, sauna or massage parlor, beach and/or other tourist resort or similar places shall suffer
the penalty of prision mayor in its maximum period and a fine of not less than Fifty thousand pesos
(P50,000): Provided, That this provision shall not apply to any person who is related within the fourth
degree of consanguinity or affinity or any bond recognized by law, local custom and tradition or acts in
the performance of a social, moral or legal duty.
(c) Any person who shall induce, deliver or offer a minor to any one prohibited by this Act to keep or have
in his company a minor as provided in the preceding paragraph shall suffer the penalty of prision mayor
in its medium period and a fine of not less than Forty thousand pesos (P40,000); Provided, however, That
should the perpetrator be an ascendant, stepparent or guardian of the minor, the penalty to be imposed
shall be prision mayor in its maximum period, a fine of not less than Fifty thousand pesos (P50,000), and
the loss of parental authority over the minor.
(d) Any person, owner, manager or one entrusted with the operation of any public or private place of
accommodation, whether for occupancy, food, drink or otherwise, including residential places, who allows
any person to take along with him to such place or places any minor herein described shall be imposed a
penalty of prision mayor in its medium period and a fine of not less than Fifty thousand pesos (P50,000),
and the loss of the license to operate such a place or establishment.
(e) Any person who shall use, coerce, force or intimidate a street child or any other child to;
(1) Beg or use begging as a means of living;
(2) Act as conduit or middlemen in drug trafficking or pushing; or
(3) Conduct any illegal activities, shall suffer the penalty of prision correccional in its medium period to
reclusion perpetua.
For purposes of this Act, the penalty for the commission of acts punishable under Articles 248, 249, 262,
paragraph 2, and 263, paragraph 1 of Act No. 3815, as amended, the Revised Penal Code, for the crimes
of murder, homicide, other intentional mutilation, and serious physical injuries, respectively, shall be
reclusion perpetua when the victim is under twelve (12) years of age. The penalty for the commission of
acts punishable under Article 337, 339, 340 and 341 of Act No. 3815, as amended, the Revised Penal
Code, for the crimes of qualified seduction, acts of lasciviousness with the consent of the offended party,
corruption of minors, and white slave trade, respectively, shall be one (1) degree higher than that imposed
by law when the victim is under twelve (12) years age.
The victim of the acts committed under this section shall be entrusted to the care of the Department of
Social Welfare and Development.

WHAT ACTS ARE CONSIDERED CHILD PORNOGRAPHY IN THE ANTI-CHILD PORNOGRAPHY ACT
"Child pornography" refers to any representation, whether visual, audio, or written combination thereof,
by electronic, mechanical, digital, optical, magnetic or any other means, of child engaged or involved in
real or simulated explicit sexual activities.

WHAT CONSTITUTES ANTI-TRAFFICKING IN RA 9208

“refers to the recruitment, transportation, transfer or harboring, or receipt of persons with or without the
victim's consent or knowledge, within or across national borders by means of threat or use of force, or
other forms of coercion, abduction, fraud, deception, abuse of power or of position, taking advantage of
the vulnerability of the person, or, the giving or receiving of payments or benefits to achieve the consent of
a person having control over another person for the purpose of exploitation which includes at a minimum,
the exploitation or the prostitution of others or other forms of sexual exploitation, forced labor or services,
slavery, servitude or the removal or sale of organs.
The recruitment, transportation, transfer, harboring or receipt of a child for the purpose of exploitation
shall also be considered as "trafficking in persons" even if it does not involve any of the means set forth in
the preceding paragraph.”
Section 4. Acts of Trafficking in Persons. - It shall be unlawful for any person, natural or juridical, to
commit any of the following acts:
(a) To recruit, transport, transfer; harbor, provide, or receive a person by any means, including those done
under the pretext of domestic or overseas employment or training or apprenticeship, for the purpose of
prostitution, pornography, sexual exploitation, forced labor, slavery, involuntary servitude or debt
bondage;
(b) To introduce or match for money, profit, or material, economic or other consideration, any person or,
as provided for under Republic Act No. 6955, any Filipino woman to a foreign national, for marriage for
the purpose of acquiring, buying, offering, selling or trading him/her to engage in prostitution,
pornography, sexual exploitation, forced labor, slavery, involuntary servitude or debt bondage;
(c) To offer or contract marriage, real or simulated, for the purpose of acquiring, buying, offering, selling,
or trading them to engage in prostitution, pornography, sexual exploitation, forced labor or slavery,
involuntary servitude or debt bondage;
(d) To undertake or organize tours and travel plans consisting of tourism packages or activities for the
purpose of utilizing and offering persons for prostitution, pornography or sexual exploitation;
(e) To maintain or hire a person to engage in prostitution or pornography;
(f) To adopt or facilitate the adoption of persons for the purpose of prostitution, pornography, sexual
exploitation, forced labor, slavery, involuntary servitude or debt bondage;
(g) To recruit, hire, adopt, transport or abduct a person, by means of threat or use of force, fraud, deceit,
violence, coercion, or intimidation for the purpose of removal or sale of organs of said person; and
(h) To recruit, transport or adopt a child to engage in armed activities in the Philippines or abroad.
Section 5. Acts that Promote Trafficking in Persons. - The following acts which promote or facilitate
trafficking in persons, shall be unlawful:
(a) To knowingly lease or sublease, use or allow to be used any house, building or establishment for the
purpose of promoting trafficking in persons;
(b) To produce, print and issue or distribute unissued, tampered or fake counseling certificates,
registration stickers and certificates of any government agency which issues these certificates and
stickers as proof of compliance with government regulatory and pre-departure requirements for the
purpose of promoting trafficking in persons;
(c) To advertise, publish, print, broadcast or distribute, or cause the advertisement, publication, printing,
broadcasting or distribution by any means, including the use of information technology and the internet,
of any brochure, flyer, or any propaganda material that promotes trafficking in persons;
(d) To assist in the conduct of misrepresentation or fraud for purposes of facilitating the acquisition of
clearances and necessary exit documents from government agencies that are mandated to provide pre-
departure registration and services for departing persons for the purpose of promoting trafficking in
persons;
(e) To facilitate, assist or help in the exit and entry of persons from/to the country at international and
local airports, territorial boundaries and seaports who are in possession of unissued, tampered or
fraudulent travel documents for the purpose of promoting trafficking in persons;
(f) To confiscate, conceal, or destroy the passport, travel documents, or personal documents or belongings
of trafficked persons in furtherance of trafficking or to prevent them from leaving the country or seeking
redress from the government or appropriate agencies; and
(g) To knowingly benefit from, financial or otherwise, or make use of, the labor or services of a person held
to a condition of involuntary servitude, forced labor, or slavery.
Section 6. Qualified Trafficking in Persons. - The following are considered as qualified trafficking:
(a) When the trafficked person is a child;
(b) When the adoption is effected through Republic Act No. 8043, otherwise known as the "Inter-Country
Adoption Act of 1995" and said adoption is for the purpose of prostitution, pornography, sexual
exploitation, forced labor, slavery, involuntary servitude or debt bondage;
(c) When the crime is committed by a syndicate, or in large scale. Trafficking is deemed committed by a
syndicate if carried out by a group of three (3) or more persons conspiring or confederating with one
another. It is deemed committed in large scale if committed against three (3) or more persons, individually
or as a group;
(d) When the offender is an ascendant, parent, sibling, guardian or a person who exercises authority over
the trafficked person or when the offense is committed by a public officer or employee;
(e) When the trafficked person is recruited to engage in prostitution with any member of the military or
law enforcement agencies;
(f) When the offender is a member of the military or law enforcement agencies; and
(g) When by reason or on occasion of the act of trafficking in persons, the offended party dies, becomes
insane, suffers mutilation or is afflicted with Human Immunodeficiency Virus (HIV) or the Acquired
Immune Deficiency Syndrome (AIDS).

RA 9344: AGE OF CRIMINAL RESPONSIBILITY, DISCERNMENT, DIVERSION, RESTORATIVE

JUSTICE
SEC. 6. Minimum Age of Criminal Responsibility. - A child fifteen (15) years of age or under at the
time of the commission of the offense shall be exempt from criminal liability. However, the child shall be
subjected to an intervention program pursuant to Section 20 of this Act.
A child above fifteen (15) years but below eighteen (18) years of age shall likewise be exempt from criminal
liability and be subjected to an intervention program, unless he/she has acted with discernment, in
which case, such child shall be subjected to the appropriate proceedings in accordance with this Act.
The exemption from criminal liability herein established does not include exemption from civil liability,
which shall be enforced in accordance with existing laws.
SEC. 7. Determination of Age. - The child in conflict with the law shall enjoy the presumption of
minority. He/She shall enjoy all the rights of a child in conflict with the law until he/she is proven to be
eighteen (18) years old or older. The age of a child may be determined from the child's birth certificate,
baptismal certificate or any other pertinent documents. In the absence of these documents, age may be
based on information from the child himself/herself, testimonies of other persons, the physical
appearance of the child and other relevant evidence. In case of doubt as to the age of the child, it shall be
resolved in his/her favor.
Any person contesting the age of the child in conflict with the law prior to the filing of the information in
any appropriate court may file a case in a summary proceeding for the determination of age before the
Family Court which shall decide the case within twenty-four (24) hours from receipt of the appropriate
pleadings of all interested parties.
If a case has been filed against the child in conflict with the law and is pending in the appropriate court,
the person shall file a motion to determine the age of the child in the same court where the case is
pending. Pending hearing on the said motion, proceedings on the main case shall be suspended.
In all proceedings, law enforcement officers, prosecutors, judges and other government officials concerned
shall exert all efforts at determining the age of the child in conflict with the law.