SCHOOLSETTINGAtty. Grace Mangiwet-

Faustino

BACKGROUD OF LEGAL DEVELOPMENTS ON CHILDREN’S RIGHTS◦ International◦ Local

• SCHOOL SETTING◦ International Provisions◦ Local Provisions

• SPECIAL PARENTAL AUTHORITY

What does the Ten Commandments say about children’s rights?

Make yourselves

honorable to

your children.

1924 Geneva Convention on the Rights of a Child

1959 Declaration of the Rights of the Child

1973 Minimum Age Convention

1989 U.N. Convention on the Rights of the Child

2000 Optional Protocols to the CRC on Sex Trafficking, Armed Conflict

International Laws on the Rights of a Child:

THE CHILD AND YOUTH WELFARE CODE of 1973

The 1987 Constitution

RA 7610, ANTI CHILD ABUSE LAW - 1992

RA 9262 ANTI VIOLENCE AGAINST WOMEN AND THEIR CHILDREN - 2004

RA 10627 ANTI BULLYING ACT OF 2013

Philippine Laws on Children’s Rights

SPECIFIC LEGAL PROVISIONS APPLICABLE IN THE SCHOOL SETTING

The child is entitled to receive education, which shall be free and compulsory, at least in the elementary stages. He shall be given an education which will promote his general culture and enable him, on a basis of equal opportunity, to develop his abilities, his individual judgment, and his sense of moral and social responsibility, and to become a useful member of society.  

Art7, UNDRC

Right to have a teacher who knows her subject matter

Right to have a teacher who does not criticize me for being “slow” in one subject

Right to have a teacher who does not have to announce my low score in class

Right to have a teacher who does not get tired encouraging me to do my best

Right to have a teacher who offers opportunities to the whole class and not just pick out her choice-students

In other words…

The best interests of the child shall be the guiding principle of those responsible for his education and guidance.  

The child shall have full opportunity for play and recreation, which should be directed to the same purposes as education; society and the public authorities shall endeavor to promote the enjoyment of this right.

Art7, UNDRC

Right to have an honest teacher, who does not tell off the answers during national achievement tests just for the school to get better ranking.

Right to have a teacher-coach who sincerely thinks about my welfare as a pupil-athlete first, before thinking about his additional points for promotion

In other words…

The child shall be protected from practices which may foster racial, religious and any other form of discrimination. He shall be brought up in a spirit of understanding, tolerance, friendship among peoples, peace and universal brotherhood, and in full consciousness that his energy and talents should be devoted to the service of his fellow men.

Art 10, UNDRC

Right to have a teacher who refrains from making his ethnic sentiments obvious, and distinguishing people according to their tribal groups.

In other words…

States shall take all appropriate measures to ensure that school discipline is administered in a manner consistent with the child's human dignity.

Art. 29, UNCRC

Right against corporal / undignified punishment.

Now what about this one:

“He who spares the rod hates his son, but he who loves him

is careful to discipline him” (Proverbs 13:24)

In other words…

Section 13. 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.

Art. II, 1987 Constitution

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

Violation is criminalized

Art. 3, Child & Youth Welfare Code

Right against “bullying”, which refers to any severe or repeated use by one or more students of a written, verbal or electronic expression, or a physical act or gesture, or any combination thereof, directed at another student that has the effect of actually causing or placing the latter in reasonable fear of physical or emotional harm or damage to his property; creating a hostile environment at school…

Sec. 2, ANTI BULLYING ACT OF 2013

Right against any act that creates a hostile learning environment for the child.

Schools are mandated to adopt clear policies against acts that will create a hostile learning environment.

In other words…

The Concept of Special Parental Authority

 “Art. 218. The school, its administrators and teachers, or the individual, entity or institution engaged in child are shall have special parental authority and responsibility over the minor child care while under their supervision, instruction or custody.

                               Authority and responsibility shall apply to all

authorized activities whether inside or outside the premises of the school, entity or institution.

Art. 218, The Family Code

Art. 219. Those given the authority and responsibility under the preceding Article shall be principally and solidarily liable for damages caused by the acts or omissions of the unemancipated minor. The parents, judicial guardians or the persons exercising substitute parental authority over said minor shall be subsidiarily liable.

The respective liabilities of those referred to in the preceding paragraph shall not apply if it is proved that they exercised the proper diligence required under the particular circumstances…”   

Art. 219, The Family Code

Right to be insured of safety under the teacher’s supervision.

Teachers are solidarily liable for the acts of their students under their supervision.

basis of liability of teacher – principle of loco parentis (stand in place of parents)

Actual Cases:1. School Of The Holy Spirit Of Quezon City vs. Corazon P.

Taguiam, G.R. No. 165565, July 14, 2008. (fieldtrip)2. St. Joseph’s College, et al. ,vs. Jayson Miranda, G.R. No.

182353,   June 29, 2010 (science experiment)

In other words…