Part I Article 40* – The Establishment of Protective

Agencies for Child Offenders (RA 9344 in Local Aspect)*as cited in the given law

1. States Parties recognize the right of every child alleged as, accused of, or recognized as having infringed the penal law to be treated in a manner consistent with the promotion of the child's sense of dignity and worth, which reinforces the child's respect for the human rights and fundamental freedoms of others and which takes into account the child's age and the desirability of promoting the child's reintegration and the child's assuming a constructive role in society.

Article 40 of the Convention

SEC. 2. Declaration of State Policy. - The following State policies shall be observed at all times: (a) The State recognizes the vital role of children and 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.

(b) The State shall protect the best interests of the child through measures that will ensure the observance of international standards of child protection, especially those to which the Philippines is a party. Proceedings before any authority shall be conducted in the best interest of the child and in a manner which allows the child to participate and to express himself/herself freely. The participation of children in the program and policy formulation and implementation related to juvenile justice and welfare shall be ensured by the concerned government agency.

(c) The State likewise recognizes the right of children to assistance, including proper care and nutrition, and special protection from all forms of neglect, abuse, cruelty and exploitation, and other conditions prejudicial to their development.

(d) Pursuant to Article 40 of the United Nations Convention on the Rights of the Child, the State recognizes the right of every child alleged as, accused of, adjudged, or recognized as having infringed the penal law to be treated in a manner consistent with the promotion of the child's sense of dignity and worth, taking into account the child's age and desirability of promoting his/her reintegration. Whenever appropriate and desirable, the State shall adopt measures for dealing with such children without resorting to judicial proceedings, providing that human rights and legal safeguards are fully respected. It shall ensure that children are dealt with in a manner appropriate to their well-being by providing for, among others, a variety of disposition measures such as care, guidance and supervision orders, counseling, probation, foster care, education and vocational training programs and other alternatives to institutional care.

(e) The administration of the juvenile justice and welfare system shall take into consideration the cultural and religious perspectives of the Filipino people, particularly the indigenous peoples and the Muslims, consistent with the protection of the rights of children belonging to these communities.

(f) The State shall apply the principles of restorative justice in all its laws, policies and programs applicable to children in conflict with the law.

In comparison to RA 9344

2. To this end, and having regard to the relevant provisions of international instruments, States Parties shall, in particular, ensure that:

(a) No child shall be alleged as, be accused of, or recognized as having infringed the penal law by reason of acts or omissions that were not prohibited by national or international law at the time they were committed;

(b) Every child alleged as or accused of having infringed the penal law has at least the following guarantees: (i) To be presumed innocent until proven guilty according to law; (ii) To be informed promptly and directly of the charges against him or her, and, if appropriate, through his or her parents

or legal guardians, and to have legal or other appropriate assistance in the preparation and presentation of his or her defense;

(iii) To have the matter determined without delay by a competent, independent and impartial authority or judicial body in a fair hearing according to law, in the presence of legal or other appropriate assistance and, unless it is considered not to be in the best interest of the child, in particular, taking into account his or her age or situation, his or her parents or legal guardians;

(iv) Not to be compelled to give testimony or to confess guilt; to examine or have examined adverse witnesses and to obtain the participation and examination of witnesses on his or her behalf under conditions of equality;

(v) If considered to have infringed the penal law, to have this decision and any measures imposed in consequence thereof reviewed by a higher competent, independent and impartial authority or judicial body according to law;

(vi) To have the free assistance of an interpreter if the child cannot understand or speak the language used; (vii) To have his or her privacy fully respected at all stages of the proceedings. 3. States Parties shall seek to promote the establishment of laws, procedures, authorities and institutions specifically

applicable to children alleged as, accused of, or recognized as having infringed the penal law, and, in particular: (a) The establishment of a minimum age below which children shall be presumed not to have the capacity to

infringe the penal law; (b) Whenever appropriate and desirable, measures for dealing with such children without resorting to judicial proceedings,

providing that human rights and legal safeguards are fully respected. 4. A variety of dispositions, such as care, guidance and supervision orders; counseling; probation; foster care; education

and vocational training programs and other alternatives to institutional care shall be available to ensure that children are dealt with in a manner appropriate to their well-being and proportionate both to their circumstances and the offence

Right in the Convention

SEC. 5. Rights of the Child in Conflict with the Law. - Every child in conflict with the law shall have the following rights, including but not limited to:

(a) the right not to be subjected to torture or other cruel, inhuman or degrading treatment or punishment; (b) the right not to be imposed a sentence of capital punishment or life imprisonment, without the possibility of release; (c) the right not to be deprived, unlawfully or arbitrarily, of his/her liberty; detention or imprisonment being a disposition of last

resort, and which shall be for the shortest appropriate period of time; (d) the right to be treated with humanity and respect, for the inherent dignity of the person, and in a manner which takes into

account the needs of a person of his/her age. In particular, a child deprived of liberty shall be separated from adult offenders at all times. No child shall be detained together with adult offenders. He/She shall be conveyed separately to or from court. He/She shall await hearing of his/her own case in a separate holding area. A child in conflict with the law shall have the right to maintain contact with his/her family through correspondence and visits, save in exceptional circumstances;

(e) the right to prompt access to legal and other appropriate assistance, as well as the right to challenge the legality of the deprivation of his/her liberty before a court or other competent, independent and impartial authority, and to a prompt decision on such action;

(f) the right to bail and recognizance, in appropriate cases; (g) the right to testify as a witness in hid/her own behalf under the rule on examination of a child witness; (h) the right to have his/her privacy respected fully at all stages of the proceedings; (i) the right to diversion if he/she is qualified and voluntarily avails of the same; (j) the right to be imposed a judgment in proportion to the gravity of the offense where his/her best interest, the rights of the

victim and the needs of society are all taken into consideration by the court, under the principle of restorative justice; (k) the right to have restrictions on his/her personal liberty limited to the minimum, and where discretion is given by law to the

judge to determine whether to impose fine or imprisonment, the imposition of fine being preferred as the more appropriate penalty;

(I) in general, the right to automatic suspension of sentence; (m) the right to probation as an alternative to imprisonment, if qualified under the Probation Law; (n) the right to be free from liability for perjury, concealment or misrepresentation; and (o) other rights as provided for under existing laws, rules and regulations.

Rights under RA 9344

The State further adopts the provisions of the United Nations Standard Minimum Rules for the Administration of Juvenile Justice or "Beijing Rules",

United Nations Guidelines for the Prevention of Juvenile Delinquency or the "Riyadh Guidelines", and the United Nations Rules for the Protection of Juveniles Deprived of Liberty

United Nations Standard Minimum Rules for the Administration of Juvenile Justice or "Beijing Rules"

Formula of Incorporation

United Nations Guidelines for the Prevention of Juvenile Delinquency or the "Riyadh Guidelines"

Incorporation of Local Survey, Studies, Laws, Practices, Norms etc. example IPRA

= RA 9344

Part II: The Commission on the Rights of a Child

Members and Roles

Members Ms. Amal Salman ALDOSERI (Vice-Chairperson) Bahrain 28 February 2017 Ms. Suzanne AHO ASSOUMA Togo 28 February 2019 Ms. Hynd AYOUBI IDRISSI Morocco 28 February 2019 Mr. Jorge CARDONA LLORENS Spain 28 February 2019 Mr. Bernard GASTAUD Monaco 28 February 2019 Mr. Peter GURÁN Slovakia 28 February 2017 Ms. Olga a. KHAZOVA Russian Federation 28 February 2017 Mr. Hatem KOTRANE Tunisia 28 February 2019 Mr. Gehad MADI Egypt 28 February 2019

Mr. Benyam Dawit MEZMUR (Chairperson) Ethiopia 28 February 2017 Ms. Yasmeen MUHAMAD SHARIFF (Vice Chairperson) Malaysia 28 February 2017 Mr. Clarence NELSON Samoa 28 February 2019 Mr. Wanderlino NOGUEIRA NETO Brazil 28 February 2017 Ms Sara DE JESÚS OVIEDO FIERRO (Vice Chairperson) Ecuador 28 February 2017 Ms. Maria Rita PARSI Italy 28 February 2017 Mr. José Angel RODRÍGUEZ REYES Venezuela 28 February 2019 Ms. Kirsten SANDBERG (Rapporteur) Norway 28 February 2019 Ms. Renate WINTER (Vice Chairperson) Austria 28 February 2017

Members

Chairperson

Addis Ababa, Ethiopia

English, Amharic

Research Fellow, Community Law Centre, Children’s Rights Project, and Lecturer on a part time basis at the post-graduate level at the Faculty of Law, University of Western Cape

Assistant Professor (part-time), Addis Ababa University, (lecturing child rights, among other courses)

Vice-Chairperson (2nd) of the African Committee of Experts on the Rights and Welfare of the Child (also responsible for the theme “violence against children”); and consult/advise on an ad hoc basis

BENYAM DAWIT MEZMUR

lectures and supervises post-graduate students in modules such as children’s rights, human rights, and the rights of persons with disabilities; serves as a guest lecturer in a number of universities such as University of Pretoria, University of Antwerp/Ghent, Tilburg University on child rights related issues; and undertakes many academic activities such as conducting research projects, and serving in fellowships (served at Utrecht University, University of Groningen, and Abo Akademi)

As a Vice-Chairperson (2nd) of the African Committee, Mezmur undertakes work on State Party Reports, Communications/Individual complaints, general comments, investigative missions; take part in providing training, and advocacy efforts for children’s rights in collaboration with CSOs; etc.

Mr Mezmur has been involved/contributed to law/policy reform efforts in some countries; done work to research, advise, and/or train on children’s rights issues for governments, and organizations such as UNICEF, the SRSG VAC, Hague Conference on Private International Law, African Child Policy Forum (ACPF), Plan International, Save the Children, Sexual Rights Initiative, and World Vision.

BENYAM DAWIT MEZMUR’s PROFESSIONAL ACTIVITIES

Vice Chairperson

Manama, Kingdom of Bahrain

Fluent Arabic and English, good command of French and first certificate in German

Advisor to the President, General Organization for Youth and Sport. In charge of strategic planning for young people living in Bahrain in all fields, including human rights and civic participation.

Active member of the National

Committee for Childhood, heading the team to draft the first National Child Strategy and plan of action.

AMAL SALMAN ALDOSERI

Headed a professional team to draft the “Child Law” in accordance with the CRC, which has been enforced as of August 2012.

Manager of the first National Youth Strategy 2005-2009 and the update 2011-2015, including young people’s participation and rights.

Manager of National Child Strategy in Bahrain and Action Plan 2012-2016. Manager of Situation Analysis Report (Sit-An) 2003 and 2011, focusing on

the challenges facing children in all fields, most importantly the legal gaps in the Bahraini law.

Project Manager of Multiple Indicator Cluster Survey- MICS, in coordination with UNICEF.

Engaged in developing Bahrain’s initial, second and third country report on CRC and delegation member to the discussion of the reports in Geneva.

Participated and lectured in various workshops on CRC, Women and youth

AMAL SALMAN ALDOSERI’s PROFESSIONAL ACTIVITIES

Vice Chairperson

English, Spanish

Chambo-Chimborazo-Ecuador

Secretaria Ejecutiva del Consejo Nacional de la Niñez y Adolescencia.

Representante Titular del Ecuador ante el Instituto Interamericano del Niño, Niña y Adolescente

SARA DE JESUS OVIEDO FIERRO

Aporte al Movimiento Nacional Indígena

Aporte al Movimiento Nacional de Mujeres

Organización y fortalecimiento de los servicios de desarrollo infantil en el Ecuador.

Construcción del Sistema Nacional Descentralizado de Protección Integral a la Niñez y Adolescencia

Aporte en el Fortalecimiento del Instituto Interamericano del Niño, la Niña y Adolescentes

Participación en reuniones nacionales e internacionales para el fortalecimiento del sistema nacional de protección infantil.

SARA DE JESUS OVIEDO FIERRO’s PROFESSIONAL ACTIVITIES

Rapporteur

KIRSTEN SANDBURG

Vice Chairperson

Vienna, Austria

English, French, Spanish, German, Dutch

Member of the Appeals Chamber of the Special Court of Sierra Leone (appointed by the UN Secretary General in June 2002). Elected President of the Special Court for Sierra Leone from 2008 to 2010.

RENATE WINTER

Since June 2002 Judge to the Appeals Chamber of the Special Court for Sierra Leone;

2000-2002: International Judge with the United Nations Mission in Kosovo (UNMIK) at the Mitrovica Regional District Court and Justice at the Supreme Court of Kosovo

1996-2000: UN Centre for International Crime Prevention, Vienna, expert consultant on the implementation of the Convention on the Rights of the Child on four continents

1981-1996: Judge at the Vienna Youth Court

RENATE WINTER’s PROFESSIONAL ACTIVITIES

Vice Chairperson

Selangor, Malaysia

English, Bahasa Malaysia, Fair Command of Punjabi and Urdu

Advocate & Solicitor, Principal & managing partner of law offices of Yasmeen Hajar & Hairudin; Council member of Malaysian Bar; Council Member of National Advisory & Consultative Council on Children; Council member of National Coordinating Council for the Protection of Children; National Women’s Advisory Council member, Member of the Bar Council’s Human Rights Committee; Executive Council member of the Malaysian Council for Child Welfare

YASMEEN MUHAMAD SHARIFF

Managing law office; interviewing clients; drafting cause papers; attending court and litigating cases in the area of Family law (maintenance, custody , guardianship, access) as well as other areas; attending to NGO work in the area of women and children; conducting training on the UNCRC for NGOs, students , teachers, schools and government personnel; working on improving the Juvenile Justice system by introducing alternatives to custody,; conducting Legal Aid clinics for children in conflict with the law at prisons and remand centers ; reviewing the Child Act 2001, Domestic Violence Act 1996, Law Reform (Marriage and Divorce) Act 1976 and other legislation which is discriminatory to women and children; lobbying for amendments and better laws ; conducting general advocacy work on women and children’s issues; empowering women & children and defending the rights of children.

YASMEEN MUHAMAD SHARIFF ‘s PROFESSIONAL ACTIVITIES

eighteen experts of high moral standing and recognized competence in the field covered by the Convention

members of the Committee shall be elected by States Parties from among their nationals and shall serve in their personal capacity, consideration being given to equitable geographical distribution, as well as to the principal legal systems.

Election Process & Term

The members of the Committee shall be elected by secret ballot from a list of persons nominated by States Parties. Each State Party may nominate one person from among its own nationals

The initial election to the Committee shall be held no later than six months after the date of the entry into force of the present Convention and thereafter every second year. At least four months before the date of each election, the Secretary-General of the United Nations shall address a letter to States

The members of the Committee shall be elected for a term of four years. They shall be eligible for re-election if renominated. The term of five of the members elected at the first election shall expire at the end of two years; immediately after the first election, the names of these five members shall be chosen by lot by the Chairman of the meeting

States Parties undertake to submit to the Committee, through the Secretary-General of the United Nations, reports on the measures they have adopted which give effect to the rights recognized herein and on the progress made on the enjoyment of those rights

(a) Within two years of the entry into force of the Convention for the State Party concerned;

(b) Thereafter every five years.

Functions of the Parties

2. Reports made under the present article shall indicate factors and difficulties, if any, affecting the degree of fulfillment of the obligations under the present Convention. Reports shall also contain sufficient information to provide the Committee with a comprehensive understanding of the implementation of the Convention in the country concerned.

3. A State Party which has submitted a comprehensive initial report to the Committee need not, in its subsequent reports submitted in accordance with paragraph 1 (b) of the present article, repeat basic information previously provided.

4. The Committee may request from States Parties further information relevant to the implementation of the Convention.

5. The Committee shall submit to the General Assembly, through the Economic and Social Council, every two years, reports on its activities.

6. States Parties shall make their reports widely available to the public in their own countries.

Reports made under the present article shall indicate factors and difficulties, if any, affecting the degree of fulfillment of the obligations under the present Convention. Reports shall also contain sufficient information to provide the Committee with a comprehensive understanding of the implementation of the Convention in the country concerned.

The Committee may request from States Parties further information relevant to the implementation of the Convention.

The Committee shall submit to the General Assembly, through the Economic and Social Council, every two years, reports on its activities.

With Regards to information:

Specialized agencies, the United Nations Children's Fund, and other United Nations organs shall be entitled to be represented at the consideration of the implementation of such provisions of the present Convention as fall within the scope of their mandate. The Committee may invite the specialized agencies, the United Nations Children's Fund and other competent bodies as it may consider appropriate to provide expert advice on the implementation of the Convention in areas falling within the scope of their respective mandates. The Committee may invite the specialized agencies, the United Nations Children's Fund, and other United Nations organs to submit reports on the implementation of the Convention in areas falling within the scope of their activities

How to monitor effective implementation?

PART III Article 46 The present Convention shall be open for signature by all States. Article 47 The present Convention is subject to ratification. Instruments of

ratification shall be deposited with the Secretary-General of the United Nations.

Article 48 The present Convention shall remain open for accession by any

State. The instruments of accession shall be deposited with the Secretary-General of the United Nations of its instrument of ratification or accession.

Other Provisions (Ratification and Accession)

ALL STATES MAY SIGN OR ACCEPT, NO RESTRICTIONS RATIFICATION/ACCESSION to be manifest need INSTRUMENTS OF

RATIFICATION/ACCESSION, which will be submitted to the UN Secretary General

‘Ratification’ is an act by which a State signifies an agreement to be legally bound by the terms of a particular treaty.

‘To ratify a treaty: 1. the State first SIGNS it and then fulfils its own national legislative requirements. (the signing is not present in accession)2. Once the appropriate national organ of the country – Parliament, Senate, the Crown, Head of State or Government, or a combination of these – follows domestic constitutional procedures and makes a formal decision to be a party to the treaty. 3. The instrument of ratification, a formal sealed letter referring to the decision and signed by he State’s responsible authority, is then prepared and deposited with the United Nations Secretary-General in New York.

Deposit: After a treaty has been concluded, the written instruments which provide formal evidence of a State’s consent to be bound are laced in the custody of a depository. The texts of the Convention on the Rights of the Child and its Optional Protocols designated the Secretary-General of the United Nations as their depository. The depository must accept all notifications and documents related to the treaty, examine whether all formal requirements are met, deposit them, register the treaty and notify all relevant acts to he parties concerned. Accede/Accession: ‘Accession’is an act by which a State signifies its

agreement to be legally bound by the terms of a particular treaty. It has the same legal effect as ratification, but is not preceded by an act of signature. The formal procedure for accession varies according to the national legislative requirements of the State. To accede to a human rights treaty, the appropriate national organ of a State – Parliament, Senate, the Crown, Head of State or Government, or a combination of these – follows its domestic approval procedures and makes a formal decision to be a party to the treaty. Then, the instrument of accession, a formal sealed letter referring to the decision and signed by the State’s responsible authority, is prepared and deposited with the United Nations Secretary-General in New York.

Article 49 1. The present Convention shall enter into force on the thirtieth day

following the date of deposit with the Secretary-General of the United Nations of the twentieth instrument of ratification or accession.

2. For each State ratifying or acceding to the Convention after the deposit of the twentieth instrument of ratification or accession, the Convention shall enter into force on the thirtieth day after the deposit by such State

EXPLANATION of #1:After 20th country submits its instrument of

ratification/accession, the Convention will take effect 30 days after the date of deposit with the Secretary General of the UN.

EXPLANATION of #2:When a ratification /accession is deposited after the

situation in #1, the Convention will take effect 30 days after the date of deposit with the Secretary General of the UN by the ratifying State.

Article 50 1. Any State Party may propose an amendment and file it with the Secretary-General of

the United Nations. The Secretary-General shall thereupon communicate the proposed amendment to States Parties, with a request that they indicate whether they favor a conference of States Parties for the purpose of considering and voting upon the proposals. In the event that, within four months from the date of such communication, at least one third of the States Parties favor such a conference, the Secretary-General shall convene the conference under the auspices of the United Nations. Any amendment adopted by a majority of States Parties present and voting at the conference shall be submitted to the General Assembly for approval.

2. An amendment adopted in accordance with paragraph 1 of the present article shall enter into force when it has been approved by the General Assembly of the United Nations and accepted by a two-thirds majority of States Parties.

3. When an amendment enters into force, it shall be binding on those States Parties which have accepted it, other States Parties still being bound by the provisions of the present Convention and any earlier amendments which they have accepted. A proposal is made. And

if within 4 months from communication, 1/3 of the State parties approve, the conference for amendment is convened (called for) under the UN.

The matter is voted upon and 2/3 of the State parties must approve and it is submitted for approval by the General Assembly.

Article 51 1. The Secretary-General of the United Nations shall receive

and circulate to all States the text of reservations made by States at the time of ratification or accession.

2. A reservation incompatible with the object and purpose of the present Convention shall not be permitted.

3. Reservations may be withdrawn at any time by notification to that effect addressed to the Secretary-General of the United Nations, who shall then inform all States. Such notification shall take effect on the date on which it is received by the Secretary-General

Article 52 A State Party may denounce (terminate) the present Convention by

written notification to the Secretary-General of the United Nations. Denunciation (Termination) becomes effective one year after the date of receipt of the notification by the Secretary-General.

Article 53 The Secretary-General of the United Nations is designated as the

depositary of the present Convention. Article 54 The original of the present Convention, of which the Arabic, Chinese,

English, French, Russian and Spanish texts are equally authentic, shall be deposited with the Secretary-General of the United Nations. In witness thereof the undersigned plenipotentiaries, being duly authorized thereto by their respective Governments, have signed the present Convention.