REVIEWER-SWPPS-Chap-4.docx

**CHILDREN SECTOR** Children and young people have the same general human rights as adults and also specific rights that recognize their special needs. Children are neither the property of their parents nor are they helpless objects of charity. They are human beings and are the subject of their own...

**CHILDREN SECTOR** Children and young people have the same general human rights as adults and also specific rights that recognize their special needs. Children are neither the property of their parents nor are they helpless objects of charity. They are human beings and are the subject of their own rights. (UNICEF) **Who is a child?** - A child one who is below 18 years of age or one who is over 18 years of age but who cannot take care of himself fully because of a physical or mental disability or condition. **Historical Context** - In the Middle Ages, children were viewed as \"small adults\" and were expected to take on adult roles and responsibilities early, with little recognition of their unique needs or developmental stages. This perception was reflected in art, social roles, and legal treatment, where children were often treated similarly to adults. - The 19th century marked a significant shift in France, where the recognition of children as distinct individuals with specific rights began to emerge. This shift was driven by the harsh conditions of child labor during the Industrial Revolution. In response, France passed its first child labor law in 1841, which restricted the employment of children and set the stage for the development of minors\' rights. The idea appeared in France to give children special protection, enabling the progressive development of "minors' rights". Since 1881, French laws include the right for the children to be educated. - By the late 19th century, education became a central focus, culminating in the Jules Ferry laws of 1881-1882, which established free, mandatory, and secular education for all children. These laws represented a major step in recognizing the state\'s role in protecting children\'s rights and ensuring their development. - At the beginning of the 20th century, children's protection started to be put in place, including protection in the medical, social and judicial fields. This type of protection starts first in France and spreads across Europe afterwards. - In 1919, the international community, following the creation of The League of Nations (later to become the UN), started to give some kind of importance to that concept and developed a Committee for child protection. - The League of Nations adopted the Declaration of the Rights of the Child on September 16, 1924, which is the first international treaty concerning children's rights. In five chapters it gives specific rights to the children and obligations to the adults. - World War II and its casualties leave thousands of children in a dire situation. Consequently, the UN Fund for Urgency for the Children was created in 1947, which became UNICEF and was granted the status of a permanent international organization in 1953, initially focused on aiding young victims of the war in Europe, UNICEF was granted permanent status as an international organization in 1953 and expanded its mission globally. From that point, UNICEF implemented programs to improve children\'s education, health, and access to essential resources like water and food, particularly in developing countries. - From its inception, UNICEF has focused particularly on helping young victims of WW2, taking care mainly of European children. But in 1953 its mandate was broadened to a truly international scope and its actions expanded to developing countries. UNICEF then puts in place several programs for helping children in their education, health, and their access to water and food **PROGRAMS OF UNICEF DURING THOSE TIMES**: ***1. Emergency Relief and Rehabilitation (Late 1940s - 1950s):*** Food and Nutrition: In the aftermath of World War II, UNICEF\'s initial efforts were centered around providing emergency food aid to malnourished children in war-torn Europe. This included distributing milk, vitamins, and other essential nutritional supplements to prevent starvation and malnutrition. ***2.Expansion into Developing Countries (1950s Onwards):*** Nutrition Programs: To combat widespread malnutrition in developing countries, UNICEF implemented programs that provided fortified foods, vitamins, and nutrition education to both children and their families. ***3. Education Initiatives:*** School Feeding Programs: Recognizing the link between nutrition and learning, UNICEF initiated school feeding programs to encourage school attendance and improve educational outcomes. These programs provided meals or snacks to children in school, helping to alleviate hunger and support cognitive development. ***4. Advocacy for Child Rights:*** Raising Awareness: From its early days, UNICEF worked to raise global awareness about the importance of protecting children\'s rights. This advocacy laid the groundwork for future international agreements, such as the United Nations Convention on the Rights of the Child (CRC) in 1989. Since December 10, 1948, the Universal Declaration of Human Rights recognizes that "motherhood and childhood are entitled to special care and assistance." Building on this, the UN General Assembly adopted the Declaration of the Rights of the Child in 1959, outlining 10 principles that emphasize children\'s rights. Although not legally binding, this declaration laid the foundation for a more comprehensive global framework. In 1959 the General Assembly of the UN adopted the Declaration of the Rights of the Child, which describes in 10 principles the children's rights. Whereas this text has not been signed by all the countries and its principles have only an indicative value, it paves the way to a Universal Declaration of Children Rights. **International** **Laws** I. **UNITED NATIONS CONVENTION ON THE RIGHTS OF THE CHILD** **WHAT IS THE UNCRC?** The United Nations Convention on the Rights of the Child (UNCRC) is a legally-binding international agreement setting out the civil, political, economic, social and cultural rights of every child, regardless of their race, religion or abilities. **WHAT IS CONTAINED IN THE UNCRC?** The UNCRC consists of 54 articles that set out children's rights and how governments should work together to make them available to all children. Under the terms of the convention, governments are required to meet children's basic needs and help them reach their full potential. Central to this is the acknowledgment that every child has basic fundamental rights. These include the right to: - Life, survival and development - Protection from violence, abuse or neglect - An education that enables children to fulfill their potential - Be raised by, or have a relationship with, their parents - Express their opinions and be listened to. In 2000, two optional protocols were added to the UNCRC. One asks governments to ensure children under the age of 18 are not forcibly recruited into their armed forces. The second calls on states to prohibit child prostitution, child pornography and the sale of children into slavery. These have now been ratified by more than 120 states.\ \ A third optional protocol was added in 2011. This enables children whose rights have been violated to complain directly to the UN Committee on the Rights of the Child. **4 PRINCIPLES of UNCRC** *1. **Non-Discrimination*** One general principle as identified by the committee on the rights of the child is that all children should enjoy their rights and should never be subjected to any discrimination. The obligation to provide equality of opportunities among children is expressed in Article 2, the first paragraph of which reads: \"States parties shall respect and ensure the rights set forth in the present convention to each child within their jurisdiction without discrimination of any kind, irrespective of the child\'s parents or legal guardian, race, color, sex, language, religion, political or other opinion, national, ethnic or social origin, poverty, disability, birth or other status.\" *2. **Best interests of the child Children*** Best interests of the child Children, especially when they are very young, are vulnerable and need special support to be able to enjoy their rights fully. How could children be granted equal rights and at the same time the necessary protection? Part of the answer lies in the principle of the best interest of the child, formulated in Article 3:1. \"In all actions concerning children whether undertaken by public or private social welfare institutions, courts of law, administrative authorities or legislative bodies, the best interest of the child shall be a primary consideration.\" *3. **The right to survival and development*** The principle most directly related to children\'s economic and social rights is formulated in the right to life article. The article goes further than just granting children the right not to be killed; it includes the right to survival and development which is formulated in Article 6:2 and states thus: \"State parties shall ensure to the maximum extent possible the survival and development of the child.\" *4. **The views of the child*** A crucial dimension of the convention is expressed through another principle, the one about respecting the views of the child. In order to know what is actually in the interest of the child it is logical to listen to him or her. The principle is formulated in Article 12:1 which states that \"States parties shall assure to the child who is capable of forming his or her own views the rights to express those views freely in all matters affecting the child, the view of the child being given due weight in accordance with the age and maturity of the child. The Convention on the Rights of the Child comprises four main pillars - the right to survival, the right to protection, the right to development and the right to participation. These rights are based on the non-discrimination principle and all actions must be in line with the best interest of children. **4 PILLARS OF UNCRC** *1. **The Right to Survival*** Since the first moment children are born, they have the right to life. They have the right to a registered name and nationality. They have the right to be cared for and protected by their parents and not be separated from their families. The government needs to safeguard these rights and provide basic services for children to survive and thrive. This includes quality healthcare, age-appropriate nutrition, clean drinking water and a safe place to live as well as access to future opportunities for development. *2. **The Right to Protection*** Once children are born and survive, they have the right to be protected from all forms of harm including domestic violence. They must be protected from physical violence and psychological intimidation may they be within and outside their families. The right to protection also includes being protected from child labour, tasks that are dangerous or impede their education. Likewise, children must be protected from harmful substances and drugs. Another important aspect is protection from trafficking, smuggling, kidnapping, sexual abuse and all forms of exploitation against children. The government also has the duty to ensure that child victims are rehabilitated and reintegrated into society with dignity. In terms of the justice process, every child not only has the right to fair treatment but also unique attention to children's needs meaning every legal procedure needs to take into account the best interest of children. For children separated from their families, they have the right to be protected and cared for with respect to their ethnic background, language, religion, and culture. In wartime, every child must be protected from war or joining the fighting. When children are refugees, they must have special assistance and protection. *3. **The Right to Development*** A child today is an adult of tomorrow. Education and development are essential rights. This should begin with the right to access to early childhood development services and access to information from various sources with parents responsible for giving guidance. Meanwhile, children with special needs such as children with disabilities must have equal rights to development and education that enable them to realize their potential and meaningfully participate in society. The right to development also includes the opportunity to further specialized skills and physical and mental abilities that open ways for them to a brighter future and realize their dream. *4. **The Right to Participation*** Children are members of society. They may be small in size but they fully have the right to freely express their thoughts, views and opinions, and participate in society particularly in the areas affecting them. Their voices must be seriously taken into account in line with their age and maturity. Every child and youth has unfathomable potential. While the government has to facilitate and support the participation of children and youth, everyone also needs to take action to support children and youth to participate and exercise their agency as they are also the main driving force in bringing about positive change to society. II. **CONVENTION CONCERNING THE PROHIBITION\ AND IMMEDIATE ACTION FOR THE ELIMINATION OF\ THE WORST FORMS OF CHILD LABOUR** - Convention No. 182 requires countries to take immediate, effective and time-bound measures to eliminate the worst forms of child labour as a matter of urgency. This requires countries to urgently take action to eliminate the worst forms of child labor, such as slavery or hazardous work, and to act quickly and effectively to stop these practices. III. **Optional Protocol to the Convention on the Rights of the Child on the involvement of children in armed conflict** - The Protocol was adopted by the General Assembly on 25 May 2000 and entered into force on 12 February 2002. The Optional protocol is a commitment that: States will not recruit children under the age of 18 to send them to the battlefield. States will not conscript soldiers below the age of 18. It aims to protect children from being involved in warfare. **National Laws** **P.D. 603 of 1974- Child and Youth Welfare Code** - 603, was enacted on December 10, 1974, in the Philippines. The law focuses on the welfare and protection of children and youth in the country. It covers various aspects such as the definition of youthful offenders, their examination, care, suspension of sentence, and rehabilitation. **P.D. 1563 of 1978- Anti Mendicancy Law** - An Act Establishing an Integrated System for the Control and Eradication of Mendicancy, Providing Penalties, Appropriating Funds Therefor, and for Other Purposes; otherwise known as the Mendicancy Law of 1978, Presidential Decree. - The Anti-Mendicancy Law was implemented to control street crimes, to promote social justice, protection of life, and the dignity of the citizens endangered by rampant mendicants. Mendicant\" refers to any person, except those enumerated in Section 4 of this Decree, who has no visible and legal means of support, or lawful employment and who is physically able to work but neglects to apply himself to some lawful calling and instead uses begging as a means of living. Aims to reduce street begging, which is seen as a public safety issue. It promotes social justice by protecting the dignity of individuals and preventing the exploitation of beggars. **P.D. 1565 of 1978- National Program For Social Services And Development For Children and Youth** - The purpose of Presidential Decree No. 1565 is to protect and support Filipino children and youth. It aims to strengthen families, integrate values, promote youth participation, and establish necessary facilities and services. Example Programs: - Barangay Youth Councils (Sangguniang Kabataan or SK)- SK programs aim to develop leadership skills, civic consciousness, and community involvement among the youth. - Alternative Learning System (ALS)-The ALS helps learners gain skills and knowledge equivalent to formal school education, enabling them to continue their studies or improve their employment opportunities. **EXECUTIVE ORDER NO. 51 of 1986- ADOPTING A NATIONAL CODE OF MARKETING OF BREAST MILK SUBSTITUTES, BREASTMILK SUPPLEMENTS AND RELATED PRODUCTS, PENALIZING VIOLATIONS THEREOF, AND FOR OTHER PURPOSES** - The aim of the Code is to contribute to the provision of safe and adequate nutrition for infants by the protection, promotion and marketing of breastfeeding and by ensuring the proper use of breastmilk substitutes and breastmilk supplements when these are necessary, on the basis of adequate information and through appropriate marketing and distribution. **EXECUTIVE ORDER NO. 56 of 1986- AUTHORIZING THE MINISTRY OF SOCIAL SERVICES AND DEVELOPMENT TO TAKE PROTECTIVE CUSTODY OF CHILD PROSTITUTES AND SEXUALLY EXPLOITED CHILDREN, AND FOR OTHER PURPOSES** - The Philippine government authorizes the Ministry of Social Services and Development to take protective custody of child prostitutes and sexually exploited children, providing rehabilitation programs and enforcing penalties for establishments involved in their exploitation. **P.D. 1565 of 1978- National Program For Social Services And Development For Children and Youth** - The purpose of Presidential Decree No. 1565 is to protect and support Filipino children and youth. It aims to strengthen families, integrate values, promote youth participation, and establish necessary facilities and services. **R.A.6655 of 1988- Free Public Elementary Secondary Act** - This declares that the State shall provide for a free public secondary education to all qualified citizens and promote quality education at all levels - It says that the government should provide free public high school education to all qualified citizens. This means that students shouldn\'t have to pay tuition or other fees to go to public high schools. - Some examples of this school are: National high schools, General comprehensive high schools, State colleges and universities, Specialized schools, trade, technical, vocational, fishery, and agricultural schools, Schools run by local governments like cities, provinces, municipalities, and barangays. This law is important because it helps us to make sure that everyone has a chance to get a good and high-quality education. It\'s important because education can help us people get better jobs in the future that will help us to improve our lives, and we can help to contribute to a stronger society. **R.A. 6728 of 1989- Government Assistance to students and Teachers in Private Education Act** - Republic Act 6728 signed into law on June 10, 1989, entitled An Act Providing Assistance to Students and Teachers in Private Education, and Appropriating Funds Therefore, stipulates to wit: "The Existing Private Education Student Financial Assistance (PESFA) Program which covers degree and vocational/technical courses - Signed into law on June 10, 1989, entitled An Act Providing Assistance to Students and Teachers in Private Education, and Appropriating Funds Therefore, stipulates to wit: "The Existing Private Education Student Financial Assistance (PESFA) Program which covers degree and vocational/technical courses. This program offered: - Student Financial Assistance: The primary program under R.A. 6728 is the Private Education Student Financial Assistance (PESFA) program. This program provides financial assistance to deserving students enrolled in private educational institutions. The assistance can take the form of; Tuition subsidies that may be partial or full coverage of tuition fees, book allowances that could be financial assistance for textbooks and other educational materials, and living allowances to support for daily expenses. **R.A. 6809- An Act Lowering the Age of Majority From Twenty-one to Eighteen Years of 1989** - Republic Act No. 6809 lowers the age of majority from twenty-one to eighteen years, terminating parental authority and granting emancipation to individuals at the age of eighteen, while still requiring parental consent for marriage until the age of twenty-one. - This law means that adults have certain rights and responsibilities. They can vote, get married (although we still need parental consent until we\'re 21), and make Their own decisions. However, they are also responsible for their own actions and they can be held accountable if we break the law. **R.A.6972 of 1990- Barangay Level Total Development and Protection of Children Act (Day care in Every Barangay)** - Also known as the Barangay-Level Total Development and Protection of Children Act was enacted in 1990. This law provides for the establishment of a day care center in every barangay and seeks to institute a Total Development and Protection of Children Program therein. So this law tells us that every barangay in the Philippines should have day care centers. These centers will provide a safe and nurturing environment while the children are learning. Additionally, these centers offer activities and programs designed to promote their physical, cognitive, social,and emotional development. They have Nutrition Programs, wherein they provide nutritious meals and snacks to ensure that all children will have a proper growth and development. They also have health services, such as immunization, and health check-ups to ensure the health of the children who are in day care centers. **R.A. 7600 of 1992 -AN ACT PROVIDING INCENTIVES TO ALL GOVERNMENT AND PRIVATE HEALTH INSTITUTIONS WITH ROOMING-IN AND BREASTFEEDING PRACTICES AND FOR OTHER PURPOSES** - The State adopts rooming-in as a national policy to encourage, protect and support the practice of breastfeeding. It shall create an environment where the basic physical, emotional, and psychological needs of mothers and infants are fulfilled through the practice of rooming-in and breastfeeding. **R.A.7610 of 1992- Special Protection of Children Against Abuse, Exploitation and Discrimination Act** - R.A.7610, otherwise known as the \"Special Protection of children Against Child Abuse, Exploitation and Discrimination Act, \" and/or crimes against children, including the conceived but unborn child as provided for by the Revised penal Code and other pertinent laws. - An act providing for stronger deterrence and special protection against child abuse, exploitation and discrimination, providing penalties for its violation. **R.A.7624 of 1992- An Act Integrating Drug Prevention and Control in the Intermediate and Secondary Curricula as well as in the Non-formal and Indigenous learning Systems** - The purpose of Republic Act No. 7624 is to address the issue of drug abuse and addiction in the Philippines. It aims to integrate drug prevention and control topics into the education system. - Section 1 states that there shall be integrated in the intermediate and secondary curricula whether in public or private schools as well as in the non-formal, informal and indigenous learning programs the ill effects of drugs abuse, drug addiction, or drug dependency **R.A. 7658 of 1992- AN ACT PROHIBITING THE EMPLOYMENT OF CHILDREN BELOW 15 YEARS OF AGE IN PUBLIC AND PRIVATE UNDERTAKINGS, AMENDING FOR THIS PURPOSE SECTION 12, ARTICLE VIII OF R.A. 7610** - Republic Act No. 7658 prohibits the employment of children below 15 years of age in the Philippines, with exceptions for employment under the sole responsibility of parents or legal guardians and participation in public entertainment with proper approval and safeguards. **R.A. 7797 of 1994- AN ACT TO LENGTHEN THE SCHOOL CALENDAR FROM TWO HUNDRED (200) DAYS TO NOT MORE THAN TWO HUNDRED TWENTY (220) CLASS DAY** - Republic Act No. 7797. Any provision of law to the contrary notwithstanding, the school calendar for each year beginning school year 1995-1996, shall be lengthened to not more than two hundred twenty (220) class days, inclusive of class days which may be subsequently suspended due to natural or man-made calamities. **R.A. 7798 of 1994- AN ACT AMENDING SECTION 25 OF BATAS PAMBANSA BLG. 232, OTHERWISE KNOWN AS THE \"EDUCATION ACT OF 1982\"** - The establishment of new national schools and the conversion of existing schools from elementary to national secondary schools or from secondary to national secondary or tertiary schools shall be by law: Provided, That any private school proposed to be established must incorporate as either a non-stock or a stock educational corporation in accordance with the provisions of the Corporation Code of the Philippines. **R.A. 7846 of 1994- AN ACT REQUIRING COMPULSORY IMMUNIZATION AGAINST HEPATITIS-B FOR INFANTS AND CHILDREN BELOW EIGHT (8) YEARS OLD** - Republic Act No. 7846 mandates the inclusion of Hepatitis-B immunization in the basic immunization services for infants and children below eight years old in the Philippines, with a specific provision for newborns of Hepatitis-B positive mothers to receive immediate immunization after birth. **R.A. 8043 of 1995 - An act establishing the rules to govern inter-country adoption of Filipino children, and for other purposes** - Under Republic Act (RA) No. 8043, otherwise known as the Inter-Country Adoption Act, any qualified foreign national or Filipino citizen permanently residing abroad desiring to adopt a Filipino child need not go to the Philippines to apply for adoption. **R.A. 8044 of 1995 - An act creating the National Youth Commission, establishing a National Comprehensive and Coordinated Program on Youth Development, Appropriating Funds Therefore, and for Other Purposes** - This law, known as the Youth in Nation Building Act, was created to establish the National Youth Commission (NYC). The NYC is a government body responsible for creating policies and coordinating programs related to the development of the youth in the Philippines. It ensures that these programs are aligned with national goals for youth development and that they address the needs and concerns of young people in the country. **R.A. 8353 of 1997- Anti-Rape Law** AN ACT EXPANDING THE DEFINITION OF THE CRIME OF RAPE, RECLASSIFYING THE SAME AS A CRIME AGAINST PERSONS, AMENDING FOR THE PURPOSE ACT NO. 3815, AS AMENDED, OTHERWISE KNOWN AS THE REVISED PENAL CODE, AND FOR OTHER PURPOSES - expanded the definition of the crime of rape in the Revised Penal Code (RPC) and re- classified it as a crime against persons instead of as a crime against chastity. - This law expands the definition of rape and reclassifies it as a crime against persons rather than a crime against chastity. This change recognizes that rape is not just an offense against a person\'s sexual morality but a serious violation of an individual\'s physical and psychological integrity. **R.A. 8369 of 1997- Family Courts Act of 1997** - Otherwise known as the Family Courts Act of 1997, which established Family Courts with exclusive original jurisdiction over child and family cases and which have now extended to include other special laws on domestic violence, trafficking, and cybercrimes. **R.A. 8370 of 1997- CHILDREN\'S TELEVISION ACT OF 1997** - The State recognizes the vital role of the youth in nation-building and shall promote and protect their physical, moral, spiritual, intellectual and social well-being by enhancing their overall development, taking into account sectoral needs and conditions in the development of educational, cultural, recreational policies and programs addressed to them. - **R.A. 8505 of 1998- AN ACT PROVIDING ASSISTANCE AND PROTECTION FOR RAPE VICTIMS, ESTABLISHING FOR THE PURPOSE A RAPE CRISIS CENTER IN EVERY PROVINCE AND CITY, AUTHORIZING THE APPROPRIATION OF FUNDS THEREFOR, AND FOR OTHER PURPOSES** - Republic Act No. 8505 mandates the establishment of rape crisis centers in every province and city to provide comprehensive assistance and protection for rape victims, including psychological counseling, medical services, and legal support, while ensuring their privacy and safety throughout the legal process. - This mandates the establishment of rape crisis centers in every province and city to provide comprehensive assistance and protection for rape victims, including psychological counseling, medical services, and legal support, while ensuring their privacy and safety throughout the legal process. It\'s really important that every province and city in the Philippines should have a rape crisis centers because we can\'t deny the fact there are people especially underprivileged people get to experienced rape and have a hard time to get justice they need. So, this rape crisis center will provide comprehensive assistance and protection to rape victims such as: psychological counseling to help the victim to cope with his/her emotional trauma of being raped, medical services that includes medical examinations and treatment for physical injuries are needed to identify what\'s wrong in his/her body and legal support like help from lawyers is needed to understand the legal process and protect the victim\'s rights. - So basically, this law helps us to ensure that rape victims have the access to the support and assistance they need to recover from their trauma. It is important because rape is a serious crime that can have a devastating impact on victims\' lives. Rape crisis centers provide a safe and supportive environment where victims can get the help they need. **R.A. 8552 of 1998- AN ACT ESTABLISHING THE RULES AND POLICIES ON THE DOMESTIC ADOPTION OF FILIPINO CHILDREN** - This law ensures that every child remains under the care and custody of his/her parents and be provided with love, care, understanding, and security towards the full and harmonious development of his/her personality. Only when such efforts prove insufficient and no appropriate placement or adaptation within the child\'s extended family is available shall adaptation by an unrelated person be considered. Just like the seminar we attended at the library by RACCO the social worker says that they don\'t accept the child easily if the parents or the relative of the child just says that they can\'t raise the child because they don\'t have money. The social worker can offer some alternatives or options like providing the parents of the child a skills training or job employment so that they can raise the child, the social worker also said that they had a legal procedure when it comes to adoption. **R.A. 8980 of 2000- AN ACT PROMULGATING A COMPREHENSIVE POLICY AND A NATIONAL SYSTEM FOR EARLY CHILDHOOD CARE AND DEVELOPMENT (ECCD), PROVIDING FUNDS THEREFOR AND FOR OTHER PURPOSES** - Passed in 2000; provides a comprehensive national policy for the implementation of ECCD and institutionalizes the ECCD system which addresses the threats on children\'s health, nutrition, education and psychosocial stimulation. Programs Offered and Services: - Day Care Centers: These centers provide a safe and nurturing environment for young children, offering activities and programs to promote their development. - Early Childhood Education: Day care centers and preschools implement early childhood education programs focused on language, literacy, numeracy, and social-emotional skills. - Health and Nutrition Services: These services include regular health check-ups, immunization, and nutritious meals to support children\'s growth and development. - Parent Education: Programs are offered to educate parents about child development and provide support in their role as primary caregivers. - Special Needs Education: The ECCD system includes provisions for children with special needs, ensuring they receive appropriate care and education. **REPUBLIC ACT NO. 9165- Comprehensive Dangerous Drugs Act of 2002** AN ACT INSTITUTING THE COMPREHENSIVE DANGEROUS DRUGS ACT OF 2002, REPEALING REPUBLIC ACT NO. 6425, OTHERWISE KNOWN AS THE DANGEROUS DRUGS ACT OF 1972, AS AMENDED, PROVIDING FUNDS THEREFORE, AND FOR OTHER PURPOSES - It is the policy of the State to safeguard the integrity of its territory and the well-being of its citizenry, particularly the youth, from the harmful effects of dangerous drugs on their physical and mental well-being, and to defend the same against acts or omissions detrimental to their development and preservation. **Republic Act No. 9208 Anti-Trafficking in Persons Act of 2003** AN ACT TO INSTITUTE POLICIES TO ELIMINATE TRAFFICKING IN PERSONS ESPECIALLY WOMEN AND CHILDREN, ESTABLISHING THE NECESSARY INSTITUTIONAL MECHANISMS FOR THE PROTECTION AND SUPPORT OF TRAFFICKED PERSONS, PROVIDING PENALTIES FOR ITS VIOLATIONS, AND FOR OTHER - It establishes the necessary institutional mechanisms to protect and support trafficked persons and provides penalties for its violations. **Republic Act No. 9231 - Special Protection of Children Against Child Abuse, Exploitation and Discrimination Act of 2003** AN ACT PROVIDING FOR THE ELIMINATION OF THE WORST FORMS OF CHILD LABOR AND AFFORDING STRONGER PROTECTION FOR THE WORKING CHILD, AMENDING FOR THIS PURPOSE REPUBLIC ACTNO. 7610, AS AMENDED, OTHERWISE KNOWN AS THE \"SPECIAL PROTECTION OF CHILDREN AGAINST CHILD ABUSE, EXPLOITATION AND DISCRIMINATION ACT\" - The Act, which amends Act No. 7610 on special protection of children against abuse and exploitation, prohibits the \"worst forms of child labour\", defined to mean - inter alia - as recruitment of children for use in armed conflict. The Act also provides for penalties for a violation of the prohibition. **Republic Act No. 9255 of 2004- AN ACT ALLOWING ILLEGITIMATE CHILDREN TO USE THE SURNAME OF THEIR FATHER, AMENDING FOR THE PURPOSE ARTICLE 176 OF EXECUTIVE ORDER NO. 209, OTHERWISE KNOWN AS THE \"FAMILY CODE OF THE PHILIPPINES\"** - Article 176. Illegitimate children shall use the surname and shall be under the parental authority of their mother, and shall be entitled to support in conformity with this Code. However, illegitimate children may use the surname of their father if their filiation has been expressly recognized by the father through the record of birth appearing in the civil register, or when an admission in a public document or private handwritten instrument is made by the father. *Provided,* the father has the right to institute an action before the regular courts to prove non-filiation during his lifetime. The legitime of each illegitimate child shall consist of one-half of the legitimate child.\" **Republic Act No. 9262 Anti-Violence Against Women and Their Children Act of 2004** AN ACT DEFINING VIOLENCE AGAINST WOMEN AND THEIR CHILDREN, PROVIDING FOR PROTECTIVE MEASURES FOR VICTIMS, PRESCRIBING PENALTIES THEREFORE, AND FOR OTHER PURPOSES - This seeks to address the prevalence of violence against women and their children (VAWC) by their intimate partners like their husband or ex-husband, live-in partner or former live-in partner, boyfriend/girlfriend or ex-boyfriend/ex-girlfriend, dating partner or former dating partner. **REPUBLIC ACT NO. 9344 Juvenile Justice and Welfare Act of 2006** AN ACT ESTABLISHING A COMPREHENSIVE JUVENILE JUSTICE AND WELFARE SYSTEM, CREATING THE JUVENILE JUSTICE AND WELFARE COUNCIL UNDER THE DEPARTMENT OF JUSTICE, APPROPRIATING FUNDS THEREFOR AND FOR OTHER PURPOSES - Republic Act No. 9344 or 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 programmes and services for prevention, diversion, rehabilitation, reintegration and aftercare to ensure their normal growth and development. **R.A. 9523 of 2009- AN ACT REQUIRING CERTIFICATION OF THE DEPARTMENT OF SOCIAL WELFARE AND DEVELOPMENT (DSWD) TO DECLARE A \"CHILD LEGALLY AVAILABLE FOR ADOPTION\" AS A PREREQUISITE FOR ADOPTION PROCEEDINGS, AMENDING FOR THIS PURPOSE CERTAIN PROVISIONS OF REPUBLIC ACT NO. 8552, OTHERWISE KNOWN AS THE DOMESTIC ADOPTION ACT OF 1998, REPUBLIC ACT NO. 8043, OTHERWISE KNOWN AS THE INTER-COUNTRY ADOPTION ACT OF 1995, PRESIDENTIAL DECREE NO. 603, OTHERWISE KNOWN AS THE CHILD AND YOUTH WELFARE CODE, AND FOR OTHER PURPOSES** - the Department of Social Welfare and Development (DSWD) to declare a \"child legally available for adoption\" as a prerequisite for adoption proceedings, amending for this purpose certain provisions of Republic Act No. 8552, otherwise known as the Domestic Adoption Act of 1998, Republic Act No. 8043, otherwise known as the Inter-Country Adoption Act of 1995, Presidential Decree No. 603, otherwise known as the Child and Youth Welfare Code, and for other purposes. **Republic Act. No. 10630 of 2013- AN ACT STRENGTHENING THE JUVENILE JUSTICE SYSTEM IN THE PHILIPPINES, AMENDING FOR THE PURPOSE REPUBLIC ACT NO. 9344, OTHERWISE KNOWN AS THE "JUVENILE JUSTICE AND WELFARE ACT OF 2006" AND APPROPRIATING FUNDS THEREFOR** - It states that a child can commit an act or omission whether punishable under special laws or the amended Revised Penal Code which is referred to as an \"Offense\"; offenses which only apply to a child and not to adults are called \"Status Offences **THE DUTY BEARER** - A duty bearer is the person(s) or institution(s) which have obligations and responsibilities in relation to the realization of a right, such as right to education. When a state has ratified a treaty that guarantees the right to education, it has the obligation to respect, protect and fulfill this right. **Primary Duty Bearer** - The Philippine Government is accurate or responsible for fulfilling children's rights because it signed the UN CRC. It is also important for our government to ensure that the rights of others are not violated. The government has the resources, power, and authority to make decisions that affect the entire country, that is why it is the primary duty bearer. Because of this, the government is accountable or responsible to all its subjects. **Duty Bearer** - Aside from the government, everyone who is an adult is also considered a duty bearer such as parents, grandfathers, grandmothers, uncles, aunts, and guardians. Doctors and nurses, teachers, guidance counselors, social workers, police, barangay tanods, health workers, and others are also included. **WOMEN SECTOR** a woman belonging to a particular category (as by birth, residence, membership, or occupation) usually used in combination. **What is the role of women in the social sector?** They are the drivers of social justice, serving as catalysts for change in the social sector. Women contribute in several areas in the social sector, such as poverty alleviation, promoting gender equality, healthcare, education, and community development. **International Laws covering Women's Sector** **Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW)** \- It is the most comprehensive treaty on the rights of the women. \- It is an international legal instrument that requires countries to eliminate discrimination against women and girls in all areas and promotes women's and girl's equal rights. CEDAW provides and guaranties the importance of **equal political, economic**, **social**, **cultural**, and **civil rights for women regardless of their marital status** and requires the States to enact national legislation banning discrimination (articles 1, 2, and 3). Equality against men and women (article 4) and equal access to education (article 10). Family life (article 16) focuses on the elimination of discrimination in matters relating to marriage and family and underlines the equal responsibilities of men and women in the family. CEDAW also all for non-discriminatory health services for women, including family planning services (article 12). Special attention is given to the problems faced by rural women (article 14), sexual trafficking of women, and other exploitation of women (article 6). **Regional Treaties** In Africa **"Maputo Protocol"** is widely known as a women's right. It addresses important issues in Africa such as genital mutilation. **This protocol specifies that women's have the:** Right to dignity Right to equality in marriage Right to dec ide whether to have children Also, address the problem of human trafficking in women. **Inter-American Convention on the Prevention, Punishment and Eradication of Violence Against Women** In America, it is known as "Convention of Belem do Para" it recognizes the rights of women to be free from violence in both public and private sphere. The Convention also reaffirms the right of all women to enjoy and exercise the rights protected by other regional and international human rights instruments (Article 4). The State parties recognize that violence prevents a woman from "the free and full exercise of her civil, political, economic, social and cultural rights" (Article 5). The Convention also imposes duties on States to take affirmative steps to prevent, punish, and eradicate violence against women and to progressively undertake measures to address the social and cultural factors contributing to violence or discrimination against women (Article 7). **Europe Convention on Preventing and Combating Violence against Women and Domestic Violence** The Istanbul Convention recognizes that sexual harassment, rape, forced marriage, honor crimes, genital mutilation, and other forms of violence constitute serious human rights violations and "a major obstacle to the achievement of equality between women and men." Istanbul Convention, preamble. The Convention also establishes a monitoring mechanism consisting of 10 to 15 independent experts that will monitor the implementation of the Istanbul Convention. (Istanbul Convention, art. 1(2), 66.) **NATIONAL LAWS** Women remain one of the vulnerable sectors in the Philippines society despite existing efforts and legislation that seek not only to promote their rights and welfare but also to empower them. Below are some laws that were passed during the period. **COMMONWEALTH ACTS** **Commonwealth Act No. 473 (1939): Revised Naturalization Law** Citizenship, as the legal status of being a member of a particular country or sovereign state, is an important aspect of a person\'s civil and political standing. **Commonwealth Act No. 613: The Philippine Immigration Act of 1940** A law establishing the Bureau of Immigration of the Philippines and establishing the visa policy of the Philippines. The law was passed on August 26, 1940 by the National Assembly of the Philippines. **Commonwealth Act No. 625 (1941): An Act Providing the Manner in Which the Option to Elect Philippine Citizenship Shall be Declared by a Person Whose Mother is a Filipino Citizen** **Commonwealth Act No. 647 (1941): An Act to Grant Maternity Leave to Married Women Who are in the Service of the Government or of any of its Instrumentalities** Married women who are permanently or temporarily appointed in the service of the Government, or in any of its branches, subdivisions, agencies, or instrumentalities, including the corporations and enterprises owned or controlled by the Government, shall, in addition to the vacation and sick leave which they may enjoy now, be entitled in case of pregnancy to a maternity leave of sixty days subject to the following conditions. **EXECUTIVE ORDERS** **Executive Order No. 227 (1987): Amending Executive Order No. 209 Known as the "Family Code of the Philippines"** No prescribed form or religious rite for the solemnization of the marriage is required. It shall be necessary, however, for the contracting parties to appear personally before the solemnizing officer and declare in the presence of not less than two witnesses of legal age that they take each other as husband and wife. **Executive Order No. 348: Approval and Adoption of the "Philippine Development Plan for Women for 1989 to 1992** Approval and Adoption of the "Philippine Development Plan for Women for 1989 to 1992 whaereas,, Article II, Section 14, of the 1987 Constitution provides that "The State recognizes the role of women in nation-building, and shall ensure the fundamental equality before the law of women and men;" **Executive Order No. 167: Strengthening the Philippine Commission on Women, Further Amending Executive Order No. 208 (S. 1994)** Designated the Commission as the primary policy-making and coordinating body on women and gender equality concerns, as well as the overall monitoring and oversight body to ensure the effective implementation of the MCW. **Executive Order No. 268: Amending Executive Order No. 208 (s.1995) "Further defining the composition, powers and functions of the National Commission on the Role Of Filipino Women"** To promote women's empowerment through the policies and programs for women's effective participation and as full and equal partners of men in the social, economic and political development as well as in nation building; and, To enable Government agencies to effectively address gender concerns in development processes from planning, programming, budgeting, implementation, monitoring and evaluation in the national and local levels. **Executive Order No. 273: Approval and Adoption of Philippine Plan for Gender-Responsive Development, 1995-2025** Approval and Adoption of Philippine Plan for Gender-Responsive Development, 1995-2025 WHEREAS, pursuant to Section 14, Article II of the Constitution that provides "The State recognizes the role of women in nation-building, and shall ensure the fundamental equality before the law of women and men," **Executive Order No. 208 (1994)** As amended by Executive Order No. 268 dated 04 August 1995, strengthened and reconstituted the National Commission on the Role of the Filipino Women to be the primary policy making and coordinating body of all women development programs and institutions. **Executive Order No. 329 (1996): Designating the National Council of Women of the Philippines as one of the Lead Monitoring Arm of Non-Governmental Organizations for the Effective Implementation of the Global Platform for Action and the Philippine Plan for Gender-Responsive Development in the NGO and Private Sector** The affirmation of partnership among the NCRFW/Women\'s Focal Points and other women\'s networks with the National Council of Women of the Philippines (NCWP) as one of the lead implementing and monitoring arm of NGOs for non-governmental gender and development processes and initiative nationwide, is hereby approved. **Executive Order No. 368 (1996)** Amending Executive Order 356 dated 12 August 1996 which provides for the Implementing Guidelines on the Institutional Arrangements to Fasttrack SRA Localization, to include the National Council on the Role of Filipino Women in the Membership of the Social Reform Council**.** **Executive Order No. 443 (1997): Providing for the Adoption of the Comprehensive and Integrated Delivery of Social Services as the National Delivery Mechanism for the Minimum Basic Needs Approach** Executive Order No. 443, Series of 1997, adopted the Comprehensive and Integrated Delivery of Social Services (CIDSS) as the national delivery mechanism for minimum basic needs and appointed the Department of Social Welfare and Development (DSWD) as the lead agency to strengthen and implement it; **Executive Order No. 275: Creating a Committee for the Special Protection of Children from All Forms of Neglect, Abuse, Cruelty, Exploitation, Discrimination and Other Conditions Prejudicial to their Development** 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 discrimination, and other conditions prejudicial to their development. **Executive Order No. 12, s. 2017: Attaining and Sustaining "Zero Unmet Need for Modern Family Planning" January 09, 2017** Otherwise known as the Responsible Parenthood and Reproductive Health Act of 2012 (RPRH Law) recognizes the right of Filipinos to decide freely and responsibly on their desired number and spacing of children, within the context of responsible parenthood and informed choice, and to access needed reproductive health care information and services. **PROCLAMATIONS** **Proclamation No. 46 (1992): Launching of the Polio Eradication Project** Reaffirms the commitment of the Philippines to the Universal Child and Mother Immunization goal of the World Health Assembly by launching the Philippine Poliomyelitis Eradication Project; to drastically reduce preventable diseases afflicting our Filipino children; **Proclamation No. 759 (1996): Declaring the Fourth Week of March 1996 as "Protection and Gender-Fair Treatment of the Girl Child Week"** Every Girl Child who is below 18 years of age should be provided with equal opportunities and adequate protection to prepare her for her role in community development. **Proclamation No. 224, s. 1988 (1977): Declaring the First Week of March of Every Year as Women's Week and March 8, 1988 and Every Year Thereafter as Women's Rights and International Peace Day** It is but just and proper to declare a week and a particular day of the year as Women's Rights and International Peace Day, in solidarity with the United Nations, and in commemoration of the struggle of Filipino women for national freedom, civil liberty, equality and human rights; **Proclamation No. 1105: Declaring October 15, 1997, and of Every Year Thereafter, as "National Rural Women's Day"** Government is committed to address all forms of violence against women, and to strengthen the Administration's goal to protect the human rights of women as enshrined in the 1987 Constitution, other laws, the Framework Plan for Women and other policies and programs and the Convention on the Elimination of All Forms of Discrimination against Women. **Proclamation No. 227 (1988): Providing for the Observance of the Month of March as "Women's Role in History Month"** In the Philippines, the Women's Month Celebration has since served as a venue to highlight women's achievements and discuss continuing and emerging women's empowerment and gender equality issues and concerns, challenges, and commitments. The celebration focuses on concrete activities that are aligned with national and international instruments and treaties such as the Convention on the Elimination of All Forms of Discrimination Against Women, the Beijing Platform for Action, the Philippine Plan for Gender-Responsive Development (1995-2025), the Framework Plan for Women, and the Sustainable Development Goals. **Proclamation No. 744 (2004): Declaring the Last Monday of March of Every Year as Women with Disabilities Day** The State shall protect working women by providing safe and healthful working conditions, taking into account their maternal functions, and such facilities and opportunities that will enhance their welfare and enable them to realize their full potential in the service of the nation" (Section 14, Article XIII); **Proclamation No. 1172: Declaring November 25 to December 12 of Every Year as the "18 Day Campaign to End Violence against Women"** The 18-Day Campaign to End Violence Against Women (VAW) is observed annually from November 25 to December 12 to raise awareness among all stakeholders that VAW is a public issue of national concern. It supports the Philippine Government's goal to protect the human rights of women and its commitment to address all forms of VAW. **PRESIDENTIAL DECREES** **Presidential Decree No. 148 (1973): Amending Further Certain Sections of Republic Act 679, as amended, Commonly Known as the Woman and Child Labor Law under Section 9, Article II of the New Constitution,** The State shall among other policies, afford protection to labor, promote full employment and equality in employment, ensure equal work opportunities regardless of sex, race, or creed, and regulate the relations between workers and employers; **Presidential Decree No. 442 (1974): Labor Code of the Philippines** A DECREE INSTITUTING A LABOR CODE, THEREBY REVISING AND CONSOLIDATING LABOR AND SOCIAL LAWS TO AFFORD PROTECTION TO LABOR, PROMOTE EMPLOYMENT AND HUMAN RESOURCES DEVELOPMENT AND ENSURE INDUSTRIAL PEACE BASED ON SOCIAL JUSTICE. **Presidential Decree No. 633 (1975): Creating the National Commission on the Role of Filipino Women** The United Nations will convene during International Women's Year an International Conference in which, inter alia, will be launched an international action-program including short- and long-term measures aimed at achieving the integration of women as full and equal partners with men in the total development effort; **REPUBLIC ACTS** **Republic Act 180 (1947): Revised Election Code** All elections of public officers by the people and all voting's in connection with plebiscites shall be conducted in conformity with the provisions of this Code. **Republic Act No. 270 (1948)** An Act to Amend Commonwealth Act Numbered Six Hundred and Forty-Seven Granting Maternity Leave to Women Who are in the Service of the Government or of Any of its Instrumentalities Under Temporary Appointments - Temporary employees who have rendered two or more years of continuous service shall be entitled to maternity leave with half pay." - **Republic Act 679 (1952) An Act to Regulate the Employment of Women and Children** AN ACT TO REGULATE THE EMPLOYMENT OF WOMEN AND CHILDREN, TO PROVIDE PENALTIES FOR VIOLATION HEREOF, AND FOR OTHER PURPOSES **Republic Act 1564 (1956)** An Act Granting Maternity Leave to Women in Government Service under Temporary Appointments Who Have Rendered Less than Two Years of Service - Temporary employees who have rendered less than two years of continuous service shall be entitled to a number of days of maternity leave with pay based on the ratio of thirty days of maternity leave to two years of continuous service. **Republic Act 2714 (1960): An Act to Establish in the Department of Labor, A Bureau to be Known as Women and Minors Bureau** There is hereby created in the Department of Labor a bureau to be known as the Women and Minors Bureau. It shall be under the executive authority of a director, preferably a woman, who shall be appointed by the President of the Philippines with the consent of the Commission on Appointments and shall receive the salary provided for under WAPCO salary range fifty-eight. The Director shall be a person who has had previous training and experience in technical and administrative fields related to labor laws affecting women and minors. **Republic Act 6237 (1971): An Act Further Amending Republic Act 679, as Amended by Republic Act 1131 (Woman and Child Labor Law)** purpose of this section, the Secretary of Labor or his duly authorized representative shall specify what forms of employment may be considered light." **Republic Act No. 6725 (1989)** An Act Strengthening the Prohibition on Discrimination Against Women with Respect to Terms and Conditions of Employment, amending for the Purpose Article One Hundred Thirty-Five of the Labor Code as Amended **Republic Act 6949 (1990): National Women's Day** AN ACT TO DECLARE MARCH EIGHT OF EVERY YEAR AS A WORKING SPECIAL HOLIDAY TO BE KNOWN AS NATIONAL WOMEN'S DAY. **Republic Act 6955 (1990): Mail-Order Bride Law** AN ACT TO DECLARE UNLAWFUL THE PRACTICE OF MATCHING FILIPINO WOMEN FOR MARRIAGE TO FOREIGN NATIONALS ON A MAIL-ORDER BASIS AND OTHER SIMILAR PRACTICES, INCLUDING THE ADVERTISEMENT, PUBLICATION, PRINTING OR DISTRIBUTION OF BROCHURES, FLIERS AND OTHER PROPAGANDA MATERIALS IN FURTHERANCE THEREOF AND PROVIDING PENALTY THEREFOR AN ACT PROTECTING FILIPINO WOMEN AGAINST UNSCRUPULOUS INDIVIDUALS OPERATING IN THE INTERNET WHO ARE ENGAGED IN MATCH-MAKING ACTIVITIES AND OTHER VARIOUS SCHEMES, PURPOSELY FOR MARRIAGE TO FOREIGN NATIONALS. **Republic Act 7192 (1992): Women in Development and Nation Building Act** AN ACT PROMOTING THE INTEGRATION OF WOMEN AS FULL AND EQUAL PARTNERS OF MEN IN DEVELOPMENT AND NATION BUILDING AND FOR OTHER PURPOSES. This Act establishes that women of legal age, regardless of civil status, shall have the capacity to act and enter into contracts which shall in every respect be equal to that of men under similar circumstances. **Republic Act 7322 (1992): Increasing Maternity Benefits in Favor of Women Workers in the Private Sectors** Covered female employee who has paid at least three monthly maternity contributions in the twelve-month period preceding the semester of her childbirth, abortion or miscarriage and who is currently employed shall be paid a daily maternity benefit equivalent to one hundred percent (100%) of her present basic salary, allowances and other benefits or the cash equivalents of such benefits for sixty (60) days. **Republic Act 7600 (1992): The Rooming-In and Breast-feeding Act of 1992** AN ACT PROVIDING INCENTIVES TO ALL GOVERNMENT AND PRIVATE HEALTH INSTITUTIONS WITH ROOMING-IN AND BREASTFEEDING PRACTICES AND FOR OTHER PURPOSES **Republic Act 7688 (1994)** An Act Giving Representation to Women in the Social Security Commission The SSS shall be directed and controlled by a Social Security Commission composed of the Secretary of Labor and Employment, the SSS Administrator and seven appointive members, three of whom shall represent the labor group, one of whom shall be a woman, three, the management group, one of whom shall be a woman and one, the general public, to be appointed by the President of the Philippines. The Chairman of the Commission shall be designated by the President from among its members. The term of the appointive members shall be three years: Provided, That the term of the first six appointive members shall be one, two and three years for every two members, respectively. **Republic Act 7796 (1994): TESDA Act of 1994** AN ACT CREATING THE TECHNICAL EDUCATION AND SKILLS DEVELOPMENT AUTHORITY, PROVIDING FOR ITS POWERS, STRUCTURE AND FOR OTHER PURPOSES **Republic Act 7877 (1995): Anti-Sexual Harassment Act of 1995** AN ACT DECLARING SEXUAL HARASSMENT UNLAWFUL IN THE EMPLOYMENT, EDUCATION OR TRAINING ENVIRONMENT, AND FOR OTHER PURPOSES. **Republic Act 7882 (1995): Provision of Assistance to Women Engaging in Micro and Cottage Business Enterprises, and for other purposes** The objective of this Act to provide all possible assistance to Filipino women in their pursuit of owning, operating and managing small business enterprises. **Republic Act 7883 (1995): Barangay Health Workers' Benefits and Incentives Act of 1995** AN ACT GRANTING BENEFITS AND INCENTIVES TO ACCREDITED BARANGAY HEALTH WORKERS AND FOR OTHER PURPOSES" **Republic Act 8171 (1995): An Act of Providing for the Repatriation of Filipino Women Who Have Lost Their Philippine Citizenship by Marriage to Aliens and of Natural-Born Filipinos** **Republic Act 8353 (1997): The Anti-Rape Law of 1997** AN ACT EXPANDING THE DEFINITION OF THE CRIME OF RAPE, RECLASSIFYING THE SAME AS A CRIME AGAINST PERSONS, AMENDING FOR THE PURPOSE ACT NO. 3815, AS AMENDED, OTHERWISE KNOWN AS THE REVISED PENAL CODE, AND FOR THE PURPOSES" "a) Through force, threat, or intimidation; "b) When the offended party is deprived of reason or otherwise unconscious; "c) By means of fraudulent machination or grave abuse of authority; and "d) When the offended party is under twelve (12) years of age or is demented, even though none of the circumstances mentioned above be present. **Republic Act 8505 (1998): Rape Victim Assistance and Protection Act of 1998** AN ACT PROVIDING ASSISTANCE AND PROTECTION FOR RAPE VICTIMS, \*ESTABLISHING FOR THE PURPOSE A RAPE CRISIS CENTER IN EVERY PROVINCE AND CITY, AUTHORIZING THE APPROPRIATION OF FUNDS THEREFOR, AND FOR OTHER PURPOSES. The government shall coordinate its various agencies and non-government organizations to work hand in hand for the establishment and operation of a rape crisis center in every province and city that shall assist and protect rape victims in the litigation of their cases and their recovery. **Republic Act 8972 (2000): Solo Parents' Welfare Act of 2000** AN ACT PROVIDING FOR BENEFITS AND PRIVILEGES TO SOLO PARENTS AND THEIR CHILDREN, APPROPRIATING FUNDS THEREFOR AND FOR OTHER PURPOSES. It is the policy of the State to promote the family as the foundation of the nation, strengthen its solidarity and ensure its total development. Towards this end, it shall develop a comprehensive program of services for solo parents and their children to be carried out by the Department of Social Welfare and Development (DSWD), the Department of Health (DOH), the Department of Education, Culture and Sports (DECS), the Department of the Interior and Local Government (DILG), the Commission on Higher Education (CHED), the Technical Education and Skills Development Authority (TESDA), the National Housing Authority (NHA), the Department of Labor and Employment (DOLE) and other related government and nongovernment agencies. **Republic Act 9208 (2003): Anti-Trafficking in Persons Act of 2003** An Act to institute policies to eliminate trafficking in persons especially women and children, establishing the necessary institutional mechanisms for the protection and support of trafficked persons, providing penalties for its violations, and for other purposes. The State shall give highest priority to the enactment of measures and development of programs that will promote human dignity, protect the people from any threat of violence and exploitation, eliminate trafficking in persons, and mitigate pressures for involuntary migration and servitude of persons, not only to support trafficked persons but more importantly, to ensure their recovery, rehabilitation and reintegration into the mainstream of society. **Republic Act 9262: Anti-Violence Against Women and Their Children Act of 2004** It is hereby declared that the State values the dignity of women and children and guarantees full respect for human rights. The State also recognizes the need to protect the family and its members particularly women and children, from violence and threats to their personal safety and security. It is a law that seeks to address the prevalence of violence against women and their children (VAWC) by their intimate partners like their husband or ex-husband, live-in partner or former live-in partner, boyfriend/girlfriend or ex-boyfriend/ex-girlfriend, dating partner or former dating partner. **Republic Act 9710 (2009): The Magna Carta of Women** The Magna Carta of Women (MCW) is a comprehensive women's human rights law that seeks to eliminate discrimination through the recognition, protection, fulfillment, and promotion of the rights of Filipino women, especially those belonging to the marginalized sectors of society. It conveys a framework of rights for women based directly on international law. **Republic Act 10354: The Responsible Parenthood and Reproductive Health Act of 2012** The State recognizes and guarantees the human rights of all persons including their right to equality and nondiscrimination of these rights, the right to sustainable human development, the right to health which includes reproductive health, the right to education and information, and the right to choose and make decisions for themselves in accordance with their religious convictions, ethics, cultural beliefs, and the demands of responsible parenthood. **Republic Act No. 10361 (2013): Domestic Workers Act or Batas Kasambahay** An Act instituting policies for the Protection and Welfare of Domestic Workers. **Republic Act 10398 (2013): An Act Declaring November Twenty-Five Of Every Year As "National Consciousness Day For The Elimination Of Violence Against Women And Children"** This campaign aims to highlight the powerful impact of harnessing and merging efforts towards the goal of having a VAW-free Philippines. It also supports the United Nations' UNiTE by 2030 to End VAW Campaign. **Republic Act No. 10906 (2016): Anti-Mail Order Spouse Act** An Act Providing Stronger Measures Against Unlawful Practices, Businesses, and Schemes of Matching and Offering Filipinos to Foreign Nationals for Purposes of Marriage of Common Law Partnership, Repealing for the Purpose Republic Act No. 6955, Also Referred to as the "Anti-Mail Order Bride Law" **Republic Act No. 10931 (2017): Universal Access to Quality Tertiary Education ActRepublic Act No. 10931** AN ACT PROMOTING UNIVERSAL ACCESS TO QUALITY TERTIARY EDUCATION BY PROVIDING FOR FREE TUITION AND OTHER SCHOOL FEES IN STATE UNIVERSITIES AND COLLEGES, LOCAL UNIVERSITIES AND COLLEGES AND STATE-RUN TECHNICAL-VOCATIONAL INSTITUTIONS, ESTABLISHING THE TERTIARY EDUCATION SUBSIDY AND STUDENT LOAN PROGRAM, STRENGTHENING THE UNIFIED STUDENT FINANCIAL ASSISTANCE SYSTEM FOR TERTIARY EDUCATION, AND APPROPRIATING FUND THEREFORE It is hereby declared that quality education is an inalienable right of all Filipinos and it is the policy of the State to protect and promote the rights of all students to quality education at all levels. Therefore, the State shall take appropriate steps to make such education accessible to all. **Republic Act 11313 (2019): Safe Spaces Act** AN ACT DEFINING GENDER-BASED SEXUAL HARASSMENT IN STREETS, PUBLIC SPACES, ONLINE, WORKPLACES, AND EDUCATIONAL OR TRAINING INSTITUTIONS, PROVIDING PROTECTIVE MEASURES AND PRESCRIBING PENALTIES THEREFORE It is the policy of the State to value the dignity of every human person and guarantee full respect for human rights. It is likewise the policy of the State to recognize the role of women in nation-building and ensure the fundamental equality before the law of women and men. The State also recognizes that both men and women must have equality, security and safety not only in private, but also on the streets, public spaces, online, workplaces and educational and training institutions. **Republic Act 11148 (2018): Kalusugan at Nutrisyon ng Mag-Nanay Act** AN ACT SCALING UP THE NATIONAL AND LOCAL HEALTH AND NUTRITION PROGRAMS THROUGH A STRENGTHENED INTEGRATED STRATEGY FOR MATERNAL, NEONATAL, CHILD HEALTH AND NUTRITION IN THE FIRST ONE THOUSAND (1,000) DAYS OF LIFE, APPROPRIATING FUNDS THEREFOR AND FOR OTHER PURPOSE The State guarantees the right to adequate food, care and nutrition to pregnant and lactating mothers, including adolescent girls, women of reproductive age, and especially children from zero (0) to two (2) years old. Furthermore, the State commits to the Philippine Development Plan and the national plans on nutrition to contribute to the improvement of the quality of human resource in the country, and the reduction of maternal and child mortality and stunting. The State declares its determination to eliminate hunger and reduce all forms of malnutrition. The State further maintains that ensuring healthy lives, promoting well-being, ending hunger and food insecurity, and achieving good nutrition for all at all ages are essential to the attainment of sustainable development. **Republic Act 11210 (2019)** An Act Increasing the Maternity Leave Period to One Hundred \*Five (105) Days for Female Workers With an Option to Extend for an Thirty (30) Days Without Pay, and Granting an Additional Fifteen (15) Days for Solo Mothers, and for Other Purposes Is the declared policy of the State under Article XIII, Section 14 of the 1987 Constitution to protect and promote the rights and welfare of working women, taking into account their maternal functions, and to provide an enabling environment in which their full potential can be achieved. **Republic Act 11648 (2022): An Act Providing for Stronger Protection Against Rape and Sexual** Exploitation and Abuse, Increasing the Age for Determining the Commission of Statutory Rape, Amending for the Purpose Act No. 3815 as Amended, Otherwise Known As "The Revised Penal Code," Republic Act No. 8353, Also Known as "The Anti-Rape Law of 1997," And Republic Act No. 7610, as Amended, Otherwise Known As the "Special Protection of Children Against Abuse, Exploitation and Discrimination Act" The law increased the age for determining statutory rape to 16 years old to provide more protection for young people against sexual exploitation and abuse. Under the new law, rape is committed by a person who shall have carnal knowledge of another person "when the offended party is under 16 years of age or is demented, even though none of the circumstances mentioned above be present." The seduction of a minor, sixteen and over but under eighteen years of age, committed by any person in public authority, priest, home-servant, domestic, guardian, teacher, or any person who, in any capacity, shall be entrusted with the education or custody of the minor seduced, shall be punished by prison correctional in its minimum and medium periods. **Republic Act No. 11861 (2022): Expanded Solo Parents Welfare Act** AN ACT GRANTING ADDITIONAL BENEFITS TO SOLO PARENTS, AMENDING FOR THE PURPOSE REPUBLIC ACT NO. 8972, ENTITLED "AN ACT PROVIDING FOR BENEFITS AND PRIVILEGES TO SOLO PARENTS AND THEIR CHILDREN, APPROPRIATING FUNDS THEREFOR AND FOR OTHER PURPOSES Is the policy of the State to promote a just and dynamic social order that ensures the prosperity and independence of the nation and free the people from poverty through policies that provide adequate social services, promote full employment, a rising standard of living and an improved quality of life. **Republic Act 11862 (2022): Expanded Anti-Trafficking in Persons Act of 2022** AN ACT STRENGTHENING THE POLICIES ON ANTI-TRAFF ICKING IN PERSONS, PROVIDING PENALTIES FOR ITS VIOLATIONS, AND APPROPRIATING FUNDS THEREFOR, AMENDING FOR THE PURPOSE REPUBLIC ACT NO. 9208, AS AMENDED, OTHERWISE KNOWN AS THE "ANTI-TRAFFICKING IN PERSONS ACT OF 2003", AND OTHER SPECIAL LAWS The State shall give highest priority to the enactment of measures and development of programs that will promote human dignity, protect the people from any threat of violence and exploitation, eliminate trafficking in persons, and mitigate pressures for involuntary migration and servitude of persons, not only to support trafficked persons but more importantly, to ensure their recovery, rehabilitation, and reintegration into the mainstream of society in a manner that is culturally-responsive, gender- and age-appropriate, and disability-inclusive. **PERSONS WITH DISABILITIES (PWD)** Persons with Disabilities (PWD) is the term used to call to those individual with disabilities that includes those who has a long-term physical, mental, intellectual, and sensory impairments that hinders their effective participation in the society. **Brief Historical View of Disability** Disability is an ancient concept for as long as people have existed that was historically seen as divine punishment for ancestor's sins in the medieval era. Disability was seen as a failure, deformity, or defect of an individual. Children and adults with severe disability were kept at home, isolated, and hidden from public view. They were often denied what others received including education, care, employment and a place in the family or in the society. However, as time goes by disability began to be viewed as an issue that had health and public health implications and seen a medical problem due to disease, trauma, or other health conditions. **International Law** - **United Nations Convention on the Rights of Persons with Disability (UNCPRD)** The Convention on the Rights of Persons with Disability (CRRPD) is an international human rights convention which sets out the fundamental human rights of people with disability. It provides a barrier-free environment that will enhance the mobility of persons with disability so they can participate fully in the social life and in the development of society. - Respect for inherent dignity, individual autonomy including the freedom to make one's own choices, and independence of persons - Non-discrimination - Full and effective participation and inclusion in society - Respect for difference and acceptance of persons with disabilities as part of human diversity and humanity - Equality of opportunity - Accessibility - Equality between men and women - Respect for the evolving capacities of children with disabilities and respect for the right of children with disabilities to preserve their identities **National Laws** - **Republic Act No. 1179 (1954)** - **Presidential Decree No. 1509 (1978)** - **Executive Order No. 33 (1978)** - **The Accessibility Law of the Philippines or Batas Pambansa 344 (1983)** - **Executive Order No. 123 (1987)** - **Executive Order No. 232 (1987)** - **Executive Order 709** - **Republic Act No. 6759 known as White Cane Act (1989)** - **Republic Act No. 7277 Magna Carta for Disabled Persons (1992)** - Employment - Education - Health - Accessibility - Political and Civil Rights **Section 46: Penal Cause** - **PHP50,000-PHP200,000** - **2-6 Years of imprisonment** - **EXECUTIVE ORDER NO. 676 ( 2007)** - **IRR of Republic Act No. 9442 (2007)** - Selected lands, air, and sea transportation - Identified services and commodities like medical and dental care services, including lab and professional fees - Medicines, purchase of commodities, services in selected and identified establishments - Food, entertainment, recreational, and cultural services, grants special discounts on the purchase of basic commodities - Provision for express lanes for PWD and on verbal, non-verbal ridicule and vilification against PWD. - **NCDA Administrative Order No. 001 (2008)** - **Republic Act No. 10070 (2010)** - **Republic Act No. 10366 (2013)** - **Proclamation No. 688 (2013)** - **Republic Act No. 10524 (2013)** - **Republic Act No. 10754 (2016)** - **Republic Act No. 11106 (2018)** - **Republic Act No. 11228 (2019)** - **Republic Act No. 11650 (2022)** **INDIGENOUS PEOPLES' (IP'S)** **WHO ARE THE INDIGENOUS PEOPLE?** *Indigenous Cultural Communities /Indigenous Peoples (ICCs/IPs)* - Homogenous societies - Continuously lived as organized community bounded and defined territory - Occupied, possessed and utilized such territories since time immemorial under claims of ownership - Sharing common bonds of language, customs, traditions, and other distinct cultural traits or who have become - Historically differentiated from the majority There are more than 5,000 different Indigenous Peoples around the world comprising 476 million people -- around 6.2% of the global population. They are spread across more than 90 countries in every region and speak more than 4,000 languages. There are at least 110 ethno-linguistic groups comprising the ICCs/IPs with a population of about 14 million based on extrapolation of Philippine population growth. **LOCATION OF ICCs/IPs IN THE PHILIPPINES** CORDILLERA & REGION I - Bontoc, Balangao, Isneg, Tinggian, Kankanaey Kalanguya, - Karao, lbaloi, Ayangan, lfugao, Tuwali, Kalinga, Bago, Applai REGION II, CARABALLO MOUNTAINS - Agta, Kalanguya, Bugkalot, Isinai, Gaddang , Aggay , Dumagat , - lbanag, Itawis, lvatan ISLAND GROUPS - Agutaynen, Tagbanua, Cagayanen, Cuyunon, Ke'ney, Batak, Pala'wan, Molbog, Iraya Mangyan, Hanunuo Mangyan, Alangan Mangyan, Buhid Mangyan, Tadyawan Mangyan, Batangan Mangyan, Gubatnon Mangyan, Ratagnon Mangyan, Ati,, Ati Sulod/Bukidnon, Magahat Korolanos, Ata, Bukidnon, Escaya, Badjao, Kongking REST OF LUZON/SIERRA MADRE MOUNTAINS - Aeta, Negrito. Baluga, Pugot, Abelling, Agta, Dumagat, Remontado, Bugkalot, Cimaron, Kabihug, Tabangnon, Abiyan, (Aeta), Isarog, ltom SOUTHERN & EASTERN MINDANAO - Manobo, Mandaya, Mansaka, Dibabawon, Banwaon. Bagobo, Ubo Manobo, Tagakaolo, Talaingod, Langilan, Mamanwa, Higaonon, Blaan, T\'boli, Kalagan, Tagabawa, Mangguangan, Tigwahanon, Sangil, Agusan Manobo NORTHERN & WESTERN MINDANAO - Manobo, Subanen, Arumanen Manobo, Arakan Manobo, Teduray, Dibabawon, Banwaon, Bagobo, Ubo Manobo, Tagakaolo, Talaingod,, Langilan, Mamanwa, Higaonon, Blaan, T\'boli, Kalagan, Tagabawa, Manobo Blit, Matigsalog, Tigwahanon, Tagabawa, Sangil CENTRAL MINDANAO - Aromanon, Tiruray, Bagobo, Ubo Manobo, Higaonon, Subanen, Maguindanao, Maranao, Iranon, Karintik Blaan Lambangian **Struggles faced by the Indigenous Peoples** **Access to Ancestral Lands and Resources** Indigenous peoples around the world have a profound connection to their ancestral lands and resources, a bond that forms the foundation of their cultural identity and economic livelihood. However, these communities often face significant challenges in asserting their rights to these lands and resources. One of the primary issues is the lack of formal legal recognition of indigenous lands, territories, and natural resources. This absence of recognition can lead to conflicts over land rights and access to resources. Indigenous peoples inhabit areas that contain approximately 80% of the planet\'s biodiversity. Despite this, they still struggle to maintain their legal rights to these lands and resources. Indigenous peoples are often referred to as \"the custodians of our Earth\'s precious resources. Their traditional knowledge of the land and territorial rights are gaining wider recognition as countries grapple with the impacts of climate change. However, in many parts of the world, indigenous peoples\' rights to lands, territories, and resources remain limited or unrecognized. Even where there is legal support, implementation is often stalled or inconsistent. Indigenous rights activists face enormous risks and reprisals for defending their lands, ranging from criminalization and harassment to assault and killings. The COVID-19 pandemic has seen a rise in cases of encroachment onto indigenous lands and territories. **Marginalization and Discrimination** Historically, indigenous peoples have been subjected to colonization, forced assimilation, and dispossession of their ancestral lands. These injustices have resulted in their marginalization from dominant societies. National statistics on health, poverty, and access to education show that many indigenous peoples are still the poorest of the poor, the least healthy, and ones who do not have access to formal education. Discrimination against indigenous peoples is systemic and pervasive, manifesting in various forms such as inadequate funding of local clinics, poor local infrastructure, wage inequalities, and non-recognition of land rights. They face systemic discrimination and exclusion from political and economic power; they continue to be over-represented among the poorest, the illiterate, the destitute; they are displaced by wars and environmental disasters; indigenous peoples are dispossessed of their ancestral lands and deprived of their resources for survival. These social and economic inequalities have significant impacts on the lives of indigenous peoples. They limit their access to basic social services and mainstream income generation, leading to higher rates of poverty and illiteracy among indigenous peoples compared to non-indigenous peoples. **Climate Change** Indigenous peoples, due to their close relationship with the environment and its resources, are among the first to face the direct impacts of global warming. Indigenous communities are often located in areas of rich biodiversity, from the Arctic to the Amazon. Their traditional food gathering techniques and livelihoods are deeply intertwined with the natural environment. However, climate change is causing problems such as drought and loss of wildlife, threatening these traditional practices. Climate change exacerbates the difficulties already faced by indigenous communities, including political and economic marginalization, loss of land and resources, human rights violations, discrimination, and unemployment. For instance, in Africa\'s Kalahari Desert, rising temperatures, dune expansion, and increased wind speeds have resulted in a loss of vegetation, negatively impacting traditional cattle and goat farming practices. **Cultural Preservation** Indigenous peoples across the globe have a rich tapestry of cultures, languages, and traditions that have been passed down through generations. However, these unique cultural heritages are under threat due to the pressures of globalization and assimilation. Globalization, characterized by the spread of ideas, information, and culture, has brought about significant changes in societies worldwide. While it has its benefits, it also poses challenges to indigenous communities as it often leads to the erosion of traditional cultures and languages. The rapid spread of a dominant culture can overshadow indigenous cultures, causing them to diminish or even disappear. Assimilation pressures further exacerbate this issue. Indigenous peoples are often encouraged, or even forced, to adopt the dominant culture\'s language, lifestyle, and values, leading to the gradual loss of their own cultural identities. This process can result in the loss of traditional knowledge, disintegration of traditional governance structure..**Political Participation** Indigenous peoples, despite their rich cultural heritage and deep-rooted connection to their ancestral lands, often face significant barriers to participating fully in political processes and decision-making. One of the primary barriers is geographical isolation. Many indigenous communities are located in remote areas, far from political centers. This distance, coupled with poorly maintained or non-existent roads, makes it difficult for these communities to engage in political processes. Technological barriers also play a role. The digital divide, characterized by unequal access to information and communication technologies, further exacerbates the political marginalization of indigenous peoples. This is particularly true in the context of the increasing digitization of political processes. Educational attainment and socioeconomic conditions are additional factors that can hinder political participation. Indigenous peoples often have lower levels of educational attainment compared to non-indigenous populations, which can limit their ability to engage effectively in political processes. Similarly, depressed socioeconomic conditions can make it difficult for indigenous peoples to prioritize political participation. Discrimination is another significant barrier. Indigenous peoples often face discrimination in various forms, which can prevent them from participating fully in political processes. This discrimination can be systemic, embedded in the laws and policies of a country, or it can be societal, rooted in prejudiced attitudes and behaviors. **Human Rights Abuses** Indigenous peoples across the globe often suffer serious human rights abuses due to the expropriation of lands for biofuel plantations or climate change mitigation projects. The expropriation of indigenous lands for biofuel plantations, such as soy, sugar cane, jatropha, and palm oil, has led to significant human rights abuses. These plantations often result in the destruction of indigenous peoples\' traditional lands, disrupting their livelihoods and causing displacement. Furthermore, these plantations often contribute to environmental degradation, further exacerbating the challenges faced by these communities. Climate change mitigation projects, such as carbon sinks and renewable energy projects, can also lead to the expropriation of indigenous lands. While these projects are often touted as solutions to the global climate crisis, they can have detrimental impacts on indigenous communities. These projects can lead to forced evictions, loss of livelihoods, and violations of cultural rights. Moreover, many indigenous peoples are becoming environmental refugees due to the increased frequency and intensity of climatic hazards such as floods, hurricanes, and typhoons that destroy indigenous peoples' land and property. Despite these challenges, indigenous peoples continue to fight for their rights and their lands. They are often at the forefront of environmental activism, advocating for sustainable land management practices and the recognition of their land rights. **PERTINENT LAWS FOR IPs/ICCs** **ILO CONVENTION NO. 107** In 1957 the International Labour Organization adopted Convention No. 107 concerning the Protection and Integration of Indigenous and Tribal Populations and other Tribal and Semi-tribal Populations in Independent Countries. This was a first effort to establish a set of standards for protecting indigenous peoples. The emphasis in this convention was on integration rather than on recognition of the distinct characteristics and rights of indigenous people. #### #### **CONVENTION NO. 169 CONCERNING INDIGENOUS AND TRIBAL PEOPLES IN INDEPENDENT COUNTRIES** Convention No. 169 is a progressive instrument, as it takes cognizance in an all-encompassing and complete way of the demands of indigenous peoples in recent decades. On adopting Convention No. 169, the ILO observed that in many parts of the world these peoples do not enjoy fundamental human rights to the same extent as the rest of the population, recognizing their aspirations to take control of their own institutions, their way of life, and their economic development... The basic concepts of the Convention are respect and participation. Respect for one's own culture, religion, social and economic organization, and identity. #### **INTERNATIONAL MECHANISMS** ##### **UNITED NATIONS WORKING GROUP ON INDIGENOUS POPULATIONS** The United Nations Working Group on Indigenous Populations was created in 1982 to promote the protection of the rights of indigenous peoples worldwide. The working group holds regular sessions each year, normally in July and August, at UN headquarters in Geneva. During these sessions, it examines, together with experts, the human rights situation of indigenous peoples worldwide. Indigenous organizations have the opportunity to participate and to submit their reports and complaints, which are processed by the working group. One fundamental task of the working group in recent years has been to prepare the Draft Universal Declaration of the Rights of Indigenous Peoples, which is under discussion in several organs of the United Nations and is ultimately to be submitted to the General Assembly. Though as a declaration it will not be binding, it should provide guidance for national legislation on indigenous rights. The World Council of Indigenous Peoples has said that the Draft Declaration is largely a progressive declaration, especially given the broader political context of some of its provisions, self-determination and land rights in particular. One of the most important aspects of the draft with respect to lands and territories is in the provision on ethnocide (art. b), which recognizes that actions that have the "objective and effect" of dispossession and depriving the indigenous peoples of their lands, territories and resources is tantamount to cultural genocide, or ethnocide. ##### **OTHER UNITED NATIONS BODIES** Other organs in the United Nations may be used to defend the rights of indigenous peoples. These include the Committee on the Elimination of Racial Discrimination (CERD), the Human Rights Committee and the general mechanisms of the ILO for examining complaints under Conventions 107 and 169. The CERD, the supervisory organ of the International Convention on the Elimination of All Forms of Racial Discrimination, examines violations of the collective rights of the indigenous peoples, in so far as they constitute discrimination against these peoples. Under article 9 of the convention, states are required to submit reports every two years on their compliance with the convention and on the legislative, judicial and administrative steps they have taken; after examining the reports the CERD may make general suggestions and recommendations. One mechanism for indigenous peoples' participation is the submission of their own reports, parallel to those submitted by the states, to enable the CERD to compare the information presented by the states with the information presented by the indigenous peoples and their organizations. Indigenous communities may also submit complaints to the Human Rights Committee of the United Nations to seek protection when faced with situations that violate their fundamental rights. The committee has received and processed violations of rights such as the right to self-determination, belonging to an indigenous people, and rights over land and territories. The committee has made important pronounce-ments in its decisions. **R.A. 7942 *(The Philippine Mining Act of 1995)*** Was signed into law by Pres. Fidel Ramos on March 3, 1995 An Act instituting a new system of mineral resources exploration l, development, utilization and conservation. * DECLARATION OF POLICY* All mineral resources in public and private lands within the territory and exclusive economic zone of the Republic of the Philippines are owned by the state. It shall be the exploration, development, utilization and conservation through the combined efforts of government and the private sector in order to enhance national growth in a way that effectively safeguards the environment and protect the rights of affected communities. GOVERNING PRINCIPLE The implementing rules and regulations of the Philippine Mining Act of 1995 provide strict adherence to the principle of SUSTAINABLE DEVELOPMENT which meets the needs of the present without compromising the ability of the future generations to meet their own needs, with the view of improving the quality of life both now and in the future. **SALIENT FEATURES OF R.A. 7942 AND ITS IMPLEMENTATION RULE:** - Local government empowerment; - Respect and concern for the Indigenous cultural communities; - Equitable sharing of benefits of natural wealth; - Economic demands of present generation while providing the necessary foundation for future generations; - Worldwide trend towards globalization; and - Protection for wise management of the environment **DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES *(DENR)*** The Department of Environment and Natural Resources (DENR) is responsible for the conservation, management, and development of the country\'s environment and natural resources. It shall ensure the proper use of these resources and the protection of the environment within the framework of sustainable development. **MINE AND GEOOSCIENCES BEREAU *(MGB)*** Is responsible for the administration and disposition of mineral lands and mineral resources and the conduct of geological, mining, metallurgical, chemical and other researches, as well as geological and mineral exploration surveys ***RESPECT AND CONCERN FOR THE INDIGENOUS CULTURAL COMMUNITIES*** *SECTION 16 - OPENING OF ANCESTRAL LANDS FOR MINING OPERATION* \- No ancestral land shall be opened for mining operations without prior consent of the Indigenous cultural concerned. *FREE, PRIOR AND INFORMED CONSENT (FPIC)* Free, Prior, and Informed Consent (FPIC) is a specific right granted to Indigenous Peoples recognised in the UN Declaration on the Rights of Indigenous Peoples (UNDRIP), which aligns with their universal right to self-determination.  FPIC allows Indigenous Peoples to provide or withhold/ withdraw consent, at any point, regarding projects impacting their territories. FPIC allows Indigenous Peoples to engage in negotiations to shape the design, implementation, monitoring, and evaluation of projects. **IP Health Services** -- The UN Declaration on the Rights of Indigenous Peoples 2007 (UNDRIP) states that Indigenous Peoples have the right to improvement of their economic and social conditions without discrimination; develop priorities and strategies for exercising their right to development; \- Right to traditional medicines maintain their health practices; conserve their vital medicinal resources and access health and social services without discrimination; enjoyment of the highest attainable standard of physical and mental health; maintain, control, protect and develop their cultural heritage, traditional knowledge and cultural expressions and intellectual property over them. **UNITED NATIONS DECLARATION ON THE RIGHTS OF INDIGENOUS PEOPLES *(UNDRIP)*** -- Was adopted by the General Assembly on Thursday, 13 September 2007 -- UNDRIP is a human rights instrument that sets out the rights of Indigenous peoples around the world. Human rights instruments include declarations, conventions and treaties intended to define and uphold human rights in international law. **The [key rights/central themes set forth in UNDRIP] include:** - the right to self‐determination; - the right to be recognized as distinct peoples; - the right to free, prior and informed consent; - the right to be free from discrimination **OTHER NATIONAL LAWS FOR INDIGENOUS PEOPLE'S** **Legal framework: Overview** 1. **1987 Constitution of the Republic of the Philippines:** This is the most important law of the Philippines. It has rules for how the country is run and protects the rights of the people. It includes sections that recognize the rights of Indigenous Peoples to their ancestral lands and cultures. It explicitly recognizes the rights of indigenous cultural communities (ICCs). However, it does not list the rights themselves, but directed the national legislature (Congress) to enact further legislation. The Constitution recognizes ICCs in its Article II, section 22: "The State recognizes and promotes the rights of indigenous cultural communities within the framework of national unity and development." 2. **DENR Administrative Order No. 1993-02:** This is a set of rules made by the Department of Environment and Natural Resources (DENR). It explains how the government will identify and officially recognize lands that belong to Indigenous Peoples. It helps to protect these lands from being taken or used by others without permission. 3. **Republic Act No. 8371 (The Indigenous Peoples Rights Act, 1997):** This law, known as the IPRA, is made specifically to protect the rights of Indigenous Peoples in the Philippines. It ensures they have control over their ancestral lands, can practice their culture freely, and have the right to govern themselves in their communities. The IPRA was signed into law on October 29, 1997 Landmark legislation to: \- Correct Historical Injustice \- Enforce Constitutional Mandates \- Observe International Norms SALIENT POINTS: Native Title 4 Bundles of Rights: Ancestral Domains/Lands, Self-governance, Social justice and human rights, Cultural integrity Creation of the NCIP Delineation and recognition of ADs/ALs Free and Prior Informed Consent FOUR BUNDLES OF RIGHTS DEFINED UNDER IPRA 1\. Right to Ancestral Domains and Lands Ancestral Domains --- all areas generally belonging to ICCs/IPs comprising lands, inland waters, coastal areas, and natural resources therein, held under a claim of ownership, occupied or possessed by ICCs/IPs, by themselves or through their ancestors, communally or individually since time immemorial, continuously to the present except when interrupted by war, force majeure or displacement by force, deceit, stealth or as a consequence of government projects or any other voluntary dealings entered into by government and private individuals/corporations, and which are necessary to ensure their economic, social and cultural welfare. Ancestral Lands --- land occupied, possessed and utilized by individuals, families and clans who are members of the ICCs/IPs since time immemorial, by themselves or through their predecessors-in-interest, under claims of individual or traditional group ownership, continuously, to the present (Section 3b, RA 8371)  ADs/ALs cover not only the physical environment but the total environment including the spiritual and cultural bonds to the areas.  ADs are private but community property; cannot be sold, disposed or destroyed. 2\. Right to Self-Governance and Empowerment -- Freely pursue economic, social & cultural well-being; Free Prior Informed Consent in use of resources therein; Usen commonly accepted justice system/conflict resolution institutions/peace building processes/customary laws; Participate in decision-making that may affect them; Mandatory representation in policy-making bodies & local legislative councils; Determine their own priorities; Organize; Granted means to fully develop their institutions & initiatives. 3\. Social Justice & Human Rights Equal protection & non-discrimination Rights during armed conflict Equal opportunity & treatment Basic services Protection to women, children & youth Integrated system of education 4\. Right to Cultural Integrity Protection of culture, traditions and institutions. These must be considered in the formulation and application of national plans and policies; Access to cultural opportunities Recognition of cultural diversity Practice & revitalize their customs & traditions & the state must protect manifestations thereof Religious, cultural sites & ceremonies; funds for archaeological & historical sites. Ownership and recognition of cultural and intellectual rights \[IKSP\] 4. **Administrative Order No. 108, Series of 2000:** This order created a special team, called a Presidential Task Force, to make sure that the Indigenous Peoples Rights Act is being implemented correctly. It gives the team specific tasks to help Indigenous Peoples and solve any problems they face. Functions of the Task Force: Coordination: Ensures that all relevant government bodies and agencies work together in implementing IPRA provisions. Monitoring: Monitors progress in the implementation of IPRA to address any issues or delays. Support: Provides support to local governments and indigenous communities in understanding and applying IPRA. Reporting: Regularly reports on the status of IPRA implementation to the President and other relevant authorities. 5. **Executive Order No. 1, Series of 2001:** This order set up an office in the governmen