REPORT ON HUMAN RIGHTS LAW:

RIGHTS OF YOUTH

In partial fulfillment for Human Rights Law

Prepared by: LUIS RAPHAEL M. CAPULONG

ATTY. ANTONIO “BUTCH” JAMON JR.

(Professor)

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RIGHTS OF THE YOUTH

TABLE OF CONTENTS

WHO ARE THE YOUTH? Error! Bookmark not defined.

FOUR GROUPS OF THE YOUTH SECTOR Error! Bookmark not defined.

DOMESTIC LAWS THAT PROTECT AND UPHOLD THE RIGHTS OF THE YOUTH 4

INTERNATIONAL LAWS THAT PROTECT AND UPHOLD THE RIGHTS OF THE YOUTH 8

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RIGHTS OF THE YOUTH

WHO ARE THE YOUTH?

• The United Nations defines 'youth' as persons aged between 15 and 24. However, this definition is
flexible.

• According to the World Youth Report (2018), there are 1.2 billion young people aged 15 to 24 years,
accounting for 16 per cent of the global population.

FOUR GROUPS OF THE YOUTH SECTOR

1. In-school Youth
• They are those attending formal schools or non-formal schools with educational programs.

• They are usually involved in issue-oriented groups, fraternities, sororities, and religious societies.

• Aggressive and militant in their rights to freedom of speech and assembly and often in conflict with the
school authorities who impose regulations on students’ activities.

• In some instances, their cause-oriented groups become breeding grounds for illegal activities and
violence such as hazing in fraternities.

• They need guidance of the state because youth organizations are exposed to infiltration by subversive
elements that promote subversion and violence.

2. Out of School Youth

• They are usually unemployed, belonging to families who cannot afford or have neglected to send
them to schools.

• They seek alternative means to provide their basic needs and some of whom resort to unlawful
means.

• Being unskilled for job employment, they become victims of illegal placement agencies and are
vulnerable to abuse, exploitation and discrimination.

3. Working Youth
• They are usually unskilled workers who are not aware of their rights and are vulnerable to
exploitation by their employers.

• Some are exposed to hazardous work conditions.

• Young women belonging to this sector sometimes suffer from sexual harassment and
discrimination.

4. Special Youth
• They are the boys and the girls from the indigenous people.

• They are generally victims of discrimination.

• Usually unschooled and are subject to all forms of exploitations and abuses.

• They suffer from displacement of their families in times of armed conflict or driven away from their
homes due to mining or logging operations.

• They are usually out-of-school youth, subject to abuse and exploitation.

• Usually come from a low-income family, and sometimes abandoned or neglected by their families.

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DOMESTIC LAWS THAT PROTECT AND UPHOLD THE RIGHTS OF THE YOUTH

1. R.A. No. 8044 ”Youth in Nation-Building Act”

• The act the created the “National Youth Commission” (Sec. 5)

• It refers to “Youth” as those persons whose ages range from fifteen (15) to thirty (30) years old.
(Sec. 4)

• Objectives of the National Youth Commission:

a. To provide the leadership in the formulation of policies and in the setting of priorities and direction of all
youth promotion and development programs and activities;

b. To encourage wide and active participation of the youth in all governmental and non- governmental
programs, projects and activities affecting them;

c. To harness and develop the full potential of the youth as partners in nation-building; and

d. To supplement government appropriations for youth promotion and development with funds from other
sources. (Sec.8)

2. R.A. No. 8049 as amended by R.A. No.11053 "Anti-Hazing Act of 2018"

• This act prohibits all forms of hazing in fraternities, sororities, and organizations in schools,
including citizens' military training and citizens' army training. The prohibition shall likewise applies
to all other fraternities, sororities, and organizations that are not school-based, such as community-
based and other similar fraternities, sororities and organizations.

However, if the physical, mental, and practices to determine and enhance the physical, mental,
and psychological fitness of prospective regular members of the AFP and the PNP as approved by
the Secretary of National Defense and National Police Commission, duly recommended by the
Chief of Staff of the AFP and Director General of the PNP, shall not be considered as hazing
purposes of this Act.

Furthermore, the exemption provided in this act shall likewise apply to similar procedures and
practices approved by the respective heads of other uniformed learning institutions as to their
prospective members, nor shall this provision apply to any customary athletic events or other
similar contests or competitions or any activity or conduct that furthers a legal and legitimate
objective, subject to prior submission of a medical clearance or certificate. (Sec.3)

• Definition of Terms
(a) Hazing refers to any act that results in physical or psychological suffering, harm, or injury inflicted on
a recruit, neophyte, applicant, or member as part of an initiation rite or practice made as a
prerequisite for admission or a requirement for continuing membership in a fraternity, sorority, or
organization including, but not limited to paddling, whipping, beating, branding, forced calisthenics,
exposure to the weather, forced consumption of any food, liquor, beverage, drug or other
substance, or any other brutal treatment or forced physical activity which is likely to adversely
affect the physical and psychological health of such recruit, neophyte, applicant, or member. This
shall also include any activity, intentionally made or otherwise, by one person alone or acting with
others, that tends to humiliate or embarrass, degrade, abuse, or endanger, by requiring a recruit,
neophyte, applicant, or member to do menial, silly, or foolish tasks.

(b) Initiation or Initiation Rites refer to ceremonies, practices, rituals, or other acts, weather formal or
informal, that a person must perform or take part in order to be accepted into fraternity, sorority,
organization as a full-fledged member. It includes ceremonies practices , rituals, and other acts in
all stages of membership in a fraternity, sorority, or organization.

(c) Organization refers to an organized body of people which includes, but it is not limited to, any club,
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association, group, fraternity, and sorority. This term shall include the Armed Forces of the
Philippines (AFP), the Philippine National Police (PNP), the Philippine Miltary Academy (PMA), the
Philippine National Police Academy (PNPA), and other similar uniformed service learning
institutions.

(d) Schools refer to colleges, universities, and other educational institutions. (Sec. 2)

3. R.A. No. 7722 "Higher Education Act of 1994"

• This act created the “Commission on Higher Education”. (Sec. 3)

• Powers and Functions of the “Commission on Higher Education”:

a. formulate and recommend development plans, policies, priorities, and programs on higher
education and research;

b. formulate and recommend development plans, policies, priorities and programs on research;

c. recommend to the executive and legislative branches, priorities and grants on higher education
and research;

d. set minimum standards for programs and institutions of higher learning recommended by panels
of experts in the field and subject to public hearing, and enforce the same;

e. monitor and evaluate the performance of programs and institutions of higher learning for
appropriate incentives as well as the imposition of sanctions such as, but not limited to, diminution
or withdrawal of subsidy, recommendation on the downgrading or withdrawal of accreditation,
program termination or school closure;

f. identify, support and develop potential centers of excellence in program areas needed for the
development of world-class scholarship, nation building and national development;

g. recommend to the Department of Budget and Management the budgets of public institutions of
higher learning as well as general guidelines for the use of their income;

h. rationalize programs and institutions of higher learning and set standards, policies and
guidelines for the creation of new ones as well as the conversion or elevation of schools to
institutions of higher learning, subject to budgetary limitations and the number of institutions of
higher learning in the province or region where creation, conversion or elevation is sought to be
made;

i. develop criteria for allocating additional resources such as research and program development
grants, scholarships, and other similar programs: Provided, That these shall not detract from the
fiscal autonomy already enjoyed by colleges and universities;

j. direct or redirect purposive research by institutions of higher learning to meet the needs of agro-
industrialization and development;

k. devise and implement resource development schemes;

l. administer the Higher Education Development Fund, as described in Section 10 hereunder,

which will promote the purposes of higher education;

m. review the charters of institutions of higher learning and state universities and colleges including
the chairmanship and membership of their governing bodies and recommend appropriate
measures as basis for necessary action;

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n. promulgate such rules and regulations and exercise such other powers and functions as may be
necessary to carry out effectively the purpose and objectives of this Act; and

o. perform such other functions as may be necessary for its effective operations and for the
continued enhancement, growth or development of higher education.

4. R.A. No. 7079 "Campus Journalism Act of 1991"

• It aims to uphold and protect the freedom of the press even at the campus level and to promote the
development and growth of campus journalism as a means of strengthening ethical values,
encouraging critical and creative thinking, and developing moral character and personal discipline
of the Filipino youth. In furtherance of this policy, the State shall undertake various programs and
projects aimed at improving the journalistic skills of students concerned and promoting responsible
and free journalism. (Sec. 2)

5. R.A. No. 7796 “Technical Education and Skills Development Act of 1994” or the “TESDA Act of
1994”
• Goal and Objectives TESDA Act of 1994:

a) Promote and strengthen the quality of technical education and skills development programs to attain
international competitiveness;

b) Focus technical education and skills development on meeting the changing demands for quality
middle-level manpower;

c) Encourage critical and creative thinking by disseminating the scientific and technical knowledge base of
middle-level manpower development programs;

d) Recognize and encourage the complementary roles of public and private institutions in technical
education and skills development and training systems; and

e) Inculcate desirably values through the development of moral character with emphasis on work ethic,
self-discipline, self-reliance and nationalism.

6. R.A. No. 7610 "Special Protection of Children Against Abuse, Exploitation and Discrimination Act"
• This act aims to provide special protection to children from all firms of abuse, neglect, cruelty exploitation
and discrimination and other conditions, prejudicial their development.

Furthermore, provide sanctions for their commission and carry out a program for prevention and
deterrence of and crisis intervention in situations of child abuse, exploitation and discrimination. The State
shall intervene on behalf of the child when the parent, guardian, teacher or person having care or custody
of the child fails or is unable to protect the child against abuse, exploitation and discrimination or when
such acts against the child are committed by the said parent, guardian, teacher or person having care and
custody of the same. (Sec. 2)

• Definition of Terms:

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

(b) "Child abuse" refers to the maltreatment, whether habitual or not, of the child which includes any of the
following:

(1) Psychological and physical abuse, neglect, cruelty, sexual abuse and emotional maltreatment;

(2) Any act by deeds or words which debases, degrades or demeans the intrinsic worth and dignity of a
child as a human being;

(3) Unreasonable deprivation of his basic needs for survival, such as food and shelter; or
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(4) Failure to immediately give medical treatment to an injured child resulting in serious impairment of his
growth and development or in his permanent incapacity or death.

(c) "Circumstances which gravely threaten or endanger the survival and normal development of children"
include, but are not limited to, the following;

(1) Being in a community where there is armed conflict or being affected by armed conflict-related
activities;

(2) Working under conditions hazardous to life, safety and normal which unduly interfere with their normal
development;

(3) Living in or fending for themselves in the streets of urban or rural areas without the care of parents or
a guardian or basic services needed for a good quality of life;

(4) Being a member of a indigenous cultural community and/or living under conditions of extreme poverty
or in an area which is underdeveloped and/or lacks or has inadequate access to basic services needed
for a good quality of life;

(5) Being a victim of a man-made or natural disaster or calamity; or

(6) Circumstances analogous to those abovestated which endanger the life, safety or normal
development of children.

(d) "Comprehensive program against child abuse, exploitation and discrimination" refers to the coordinated
program of services and facilities to protected children against:

(1) Child Prostitution and other sexual abuse;

(2) Child trafficking;

(3) Obscene publications and indecent shows;

(4) Other acts of abuses; and

(5) Circumstances which threaten or endanger the survival and normal development of children. (Sec. 3)

6. R.A. No. 9344 "Juvenile Justice and Welfare Act of 2006"

• This act defines the minimum age of criminal responsibility.

It states that a child fifteen (15) years of age or under at the time of the commission of the offense shall be
exempt from criminal liability. However, the child shall be subjected to an intervention program pursuant
to Section 20 of this Act.

A child above fifteen (15) years but below eighteen (18) years of age shall likewise be exempt from
criminal liability and be subjected to an intervention program, unless he/she has acted with discernment,
in which case, such child shall be subjected to the appropriate proceedings in accordance with this Act.

The exemption from criminal liability herein established does not include exemption from civil liability,
which shall be enforced in accordance with existing laws. (Sec. 6)

• It is embodied in this ac the proper treatment of children below the age of criminal responsibility.

It states that if it has been determined that the child taken into custody is fifteen (15) years old or below,
the authority which will have an initial contact with the child has the duty to immediately release the child
to the custody of his/her parents or guardian, or in the absence thereof, the child's nearest relative. Said
authority shall give notice to the local social welfare and development officer who will determine the
appropriate programs in consultation with the child and to the person having custody over the child. If the
parents, guardians or nearest relatives cannot be located, or if they refuse to take custody, the child may
be released to any of the following:

(1) a duly registered nongovernmental or religious organization; a barangay official or a member of the
Barangay Council for the Protection of Children (BCPC);
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(2) a local social welfare and development officer; or when and where appropriate,

(3) the DSWD.

(4) If the child referred to herein has been found by the Local Social Welfare and Development Office to
be abandoned, neglected or abused by his parents, or in the event that the parents will not comply with
the prevention program, the proper petition for involuntary commitment shall be filed by the DSWD or the
Local Social Welfare and Development Office pursuant to Presidential Decree No. 603, otherwise, known
as "The Child and Youth Welfare Code". (Sec. 20)

• Diversion Program
Children in conflict with the law shall undergo diversion programs without undergoing court proceedings
subject to the conditions herein provided:

(a) Where the imposable penalty for the crime committee is not more than six (6) years imprisonment, the
law enforcement officer or Punong Barangay with the assistance of the local social welfare and
development officer or other members of the LCPC shall conduct mediation, family conferencing and
conciliation and, where appropriate, adopt indigenous modes of conflict resolution in accordance with the
best interest of the child with a view to accomplishing the objectives of restorative justice and the
formulation of a diversion program. The child and his/her family shall be present in these activities.

(b) In victimless crimes where the imposable penalty is not more than six (6) years imprisonment, the
local social welfare and development officer shall meet with the child and his/her parents or guardians for
the development of the appropriate diversion and rehabilitation program, in coordination with the BCPC;

(c) Where the imposable penalty for the crime committed exceeds six (6) years imprisonment, diversion
measures may be resorted to only by the court. (Sec. 23)

• Suspension of Sentence
Once the child who is under eighteen (18) years of age at the time of the commission of the offense is
found guilty of the offense charged, the court shall determine and ascertain any civil liability which may
have resulted from the offense committed. However, instead of pronouncing the judgment of conviction,
the court shall place the child in conflict with the law under suspended sentence, without need of
application: Provided, however, That suspension of sentence shall still be applied even if the juvenile is
already eighteen years (18) of age or more at the time of the pronouncement of his/her guilt. (Sec. 38)

• Exemptions
Persons below eighteen (18) years of age shall be exempt from prosecution for the crime of vagrancy and
prostitution under Section 202 of the Revised Penal Code, of mendicancy under Presidential Decree No.
1563, and sniffing of rugby under Presidential Decree No. 1619, such prosecution being inconsistent with
the United Nations Convention on the Rights of the Child: Provided, That said persons shall undergo
appropriate counseling and treatment program. (Sec. 58)

7. Article 2, Section 13 of the Philippine Constitution

• 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. It shall inculcate in the youth
patriotism and nationalism, and encourage their involvement in public and civic affairs.

INTERNATIONAL LAWS THAT PROTECT AND UPHOLD THE RIGHTS OF THE YOUTH

1. The Convention on the Rights of the Child

• 4 core principles
(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."

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(2) Best interests of the 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 institution, 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 extend 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.

2. United Nations Standard Minimum Rules for the Administration of Juvenile Justice (The Beijing
Rules)
• The United Nations Standard Minimum Rules for the Administration of Juvenile Justice, often
referred to as the Beijing Rules, is a resolution of the United Nations General Assembly regarding
the treatment of juvenile prisoners and offenders in member nations.

• The basis for R.A. No. 9344 or "Juvenile Justice and Welfare Act of 2006".

3. Declaration on the Promotion among Youth of the Ideals of Peace, Mutual Respect and
Understanding between Peoples (1965)

• Principle I
Young people shall be brought up in the spirit of peace, justice, freedom, mutual respect and
understanding in order to promote equal rights for all human beings and all nations, economic and
social progress, disarmament and the maintenance of international peace and security.

• Principle II
All means of education, including as of major importance the guidance given by parents or family,
instruction and information intended for the young should foster among them the ideals of peace,
humanity, liberty and international solidarity and all other ideals which help to bring peoples closer
together, and acquaint them with the role entrusted to the United Nations as a means of preserving
and maintaining peace and promoting international understanding and co-operation.

• Principle III
Young people shall be brought up in the knowledge of the dignity and equality of all men, without
distinction as to race, colour, ethnic origins or beliefs, and in respect for fundamental human rights
and for the right of peoples to self-determination.

• Principle IV
Exchanges, travels, tourism, meetings, the study of foreign languages, the twinning of towns and
universities without discrimination and similar activities should be encouraged and facilitated
among young people of all countries in order to bring them together in educational, cultural and
sporting activities in the spirit of this Declaration.

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• Principle V
National and international associations of young people should be encouraged to promote the
purposes of the United Nations, particularly international peace and security, friendly relations
among nations based on respect for the equal sovereignty of States, the final abolition of
colonialism and of racial discrimination and other violations of human rights.

Youth organizations in accordance with this Declaration should take all appropriate measures
within their respective fields of activity in order to make their contribution without any discrimination
to the work of educating the young generation in accordance with these ideals.

Such organizations, in conformity with the principle of freedom of association, should promote the
free exchange of ideas in the spirit of the principles of this Declaration and of the purposes of the
United Nations set forth in the Charter.

All youth organizations should conform to the principles set forth in this Declaration.

• Principle VI
A major aim in educating the young shall be to develop all their faculties and to train them to
acquire higher moral qualities, to be deeply attached to be noble ideals of peace, liberty, the dignity
and equality of all men, and imbued with respect and love for humanity and its creative
achievements. To this end the family has an important role to play.

Young people must become conscious of their responsibilities in the world they will be called upon
to manage and should be inspired with confidence in a future of happiness for mankind.

4. Universal Declaration of Human Rights

• 30 Articles of the Universal Declaration of Human Rights

Article 1: We are all born free and equal

Article 2: Freedom from Discrimination

Article 3: Right to Life

Article 4: Freedom from Slavery

Article 5: Freedom from Torture

Article 6: Right to Recognition Before the Law

Article 7: Right to Equality Before the Law

Article 8: Right to Remedy

Article 9: Freedom from Arbitrary Detention

Article 10: Right to a Fair Trial

Article 11: Presumption of Innocence and International Crimes

Article 12: Right to Privacy

Article 13: Freedom of Movement

Article 14: Right to Asylum

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Article 15: Right to Nationality

Article 16: Right to Marry and to Found a Family

Article 17: Right to Own Property

Article 18: Freedom of Religion or Belief

Article 19: Freedom of Opinion and Expression

Article 20: Freedom of Assembly and Association

Article 21: A Short Course in Democracy

Article 22: Right to Social Security

Article 23: Right to Work

Article 24: Right to Rest and Leisure

Article 25: Right to Adequate Standard of Living

Article 26: Right to Education

Article 27: Right to Cultural, Artistic and Scientific Life

Article 28: Right to a Free and Fair World

Article 29: Duty to Your Community

Article 30: Rights are Inalienable

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