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PROTECTION RIGHTS



Protection rights cover those pertaining to all forms of child exploitation and cruelty, arbitrary sepration from family, and abuses in the criminal justice system.

RIGHT TO A NAME AND NATIONALITY

Article 7 of the CRC says that every child is entitled to a name and to acquire a nationality. Children should be registered upon birth. Birth registration is important because it is a means of recording a child's name, date of birth and name of parents.

RIGHT TO EQUALITY

According to Article 2 of the CRC, it is the State's obligation to ensure that the child is protected against all forms of discrimination or punishment on the basis of the status, activities, expressed opinions or beliefs of the child's parents, legal guardians or family members. Several laws have been passed prohibiting discrimination. R.A. 7610, An Act Providing for Strong Detterence and Special protection Against Child Abuse, Exploitation and Discrimination, states that children of indigenous cultural communities shall not be subjected to any and all forms of discrimination. Any person who discriminates against children of indigenous cultural communities shall suffer a penalty.
The Child and Youth and Welfare Code bans sexual, religious and political discrimination. Two example of discrimination which were reported by the Philippine Goverment to the Committee on the Rights of the Child were:
a) discrimination suffered by children with mental and physical disabilities and children born out of wedlock, and
b) the tendency to prefer boys over girls (cited by O'Donnel, 1995).

RIGHT TO PROTECTION AGAINST SEXUAL EXPLOITATION AND ABUSE

Article 34 of the CRC says that the State shall protect children from sexual exploitation and abuse like prostitution and and involvement in pornography. The following article, which is related to Article 35 of the CRC, states that it is the State's obligation to take all appopriate measures to prevent the abduction of, the sale of or traffic in any purpose or in any form.
Children, whether male or female, who for money, profit or any other considiration or due to the coercion or influence of any adult, syndicate or group, indulge in sexual intercourse or lascivious conduct, are deemed to be children exploited in prostitution and other sexual abuse (Article III, Sec. 5, R.A. 7610).
Article 7 of R.A. 7610 makes it unlawful for any person to engage in trading and dealing with children including, but not limited to, the act of buying and selling of a child for money or for any other consideration, or barter shall suffer the penalty of reclusion temporal to reclusion perpetual.

PROTECTION FROM ABUSE AND NEGLECT

Article 19 of the CRC states that the State shall protect the child from all forms of maltreatment by parents or others responsible for the care of the child and establish appopriate social programmes for the prevention of abuse and the treatment of victims.

PROTECTION OF PRIVACY

Article 16 of the CRC states that children have the right to protection from interference with privacy, family, home and correspondence, and from libel or slander.

PROTECTION OF A CHILD WITHOUT A FAMILY

Article 20 of the CRC says that the State is obliged to provide special protection for a child deprived of the family care or institutional placement is available in such cases. Efforts to meet this obligation shall pay due regard to the child's cultural background.

RIGHT TO BE PROTECTED FROM WORK THAT THREATENS A CHILD'S HEALTH, EDUCATION AND DEVELOPMENT

Article 32 of the CRC says that the child has the right to be protected from work that threatens his or her health, education and development. The state shall set minimum ages for employment and regulate working conditions.

DRUG ABUSE

Article 33 of the CRC states that children have the right to protection from the use of narcotic and psychotropic drugs, and from being involved in their production or distribution.

PROTECTION FROM OTHER FORMS OF EXPLOITATION

Article 36 of the CRC says that the child has the right to protection from all forms of exploitation prejudicial to any aspects of the child's welfare not covered in Articles 32, 33, 34 and 35.(See Article 37 of the CRC)



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