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Article 24 (Health and health services): Children have the right to good quality health care the best

t health care possible to safe drinking ater! nutritious food! a clean and safe environ"ent! and infor"ation to help the" stay healthy# $ich countries should help poorer countries achieve this# Article 2% ($evie of treat"ent in care): Children ho are looked after by their local authorities! rather than their parents! have the right to have these living arrange"ents looked at regularly to see if they are the "ost appropriate# &heir care and treat"ent should al ays be based on 'the best interests of the child(# (see )uiding *rinciples! Article +) Consitution Section 11. The State shall adopt an integrated and comprehensive approach to health development which shall endeavor to make essential goods, health and other social services available to all the people at affordable cost. There shall be priority for the needs of the under-privileged, sick, elderly, disabled, women, and children. The State shall endeavor to provide free medical care to paupers. Section 3. 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, e#ploitation and other conditions pre$udicial to their development% *, -.+ Article //# Promotion of Health. - The promotion of the &hild's health shall begin with ade(uate pre-natal and post-natal care both for him and his mother. )ll appropriate measures shall be taken to insure his normal total development. *t shall be the responsibility of the health, welfare, and educational entities to assist the parents in looking after the health of the child. Article /24# Intake Study and Periodic Investigations. 0 &he licensee shall undertake investigations to deter"ine if the acceptance or continued stay of a child in its institution is necessary# 1ach licensee shall "ake provisions for continuing services! including social case ork for every child under its care# Article /42# Petition for Involuntary Commitment of a Child: Venue. - The +epartment of Social ,elfare Secretary or his authori-ed representative or

any duly licensed child placement agency having knowledge of a child who appears to be dependent, abandoned or neglected, may file a verified petition for involuntary commitment of said child to the care of any duly licensed child placement agency or individual. The petition shall be filed with the .uvenile and +omestic /elations &ourt, if any, or with the &ourt of 0irst *nstance of the province or &ity &ourt in which the parents or guardian resides or the child is found. Article /4+# Contents of Petition: Verification. - The petition for commitment must state so far as known to the petitioner: 1. The facts showing that the child is dependent, abandoned, or neglected% !. The names of the parent or parents, if known, and their residence. *f the child has no parent or parents living, then the name and residence of the guardian, if any% and 3. The name of the duly licensed child placement agency or individual to whose care the commitment of the child is sought. The petition shall be verified and shall be sufficient if based upon the information and belief of the petitioner. $A 2-/.! 3ection /4# Health and Nutrition# 1 The delivery of basic social services in health and nutrition to children of indigenous cultural communities shall be given priority by all government agencies concerned. 2ospitals and other health institution shall ensure that children of indigenous cultural communities are given e(ual attention. *n the provision of health and nutrition services to children of indigenous cultural communities, indigenous health practices shall be respected and recogni-ed. Article 2- (3ocial security): Children either through their guardians or directly have the right to help fro" the govern"ent if they are poor or in need# Article 22 (Adequate standard of living): Children have the right to a standard of living that is good enough to "eet their physical and "ental needs# )overn"ents should help fa"ilies and guardians ho cannot afford to provide this! particularly ith regard to food! clothing and housing# Article 25: ($ight to education): All children have the right to a pri"ary education! hich should be free# 6ealthy countries should help poorer countries achieve this right# ,iscipline in schools should

respect children7s dignity# 8or children to benefit fro" education! schools "ust be run in an orderly ay ithout the use of violence# Any for" of school discipline should take into account the child9s hu"an dignity# &herefore! govern"ents "ust ensure that school ad"inistrators revie their discipline policies and eli"inate any discipline practices involving physical or "ental violence! abuse or neglect# &he Convention places a high value on education# :oung people should be encouraged to reach the highest level of education of hich they are capable# Article 24 ()oals of education): Children7s education should develop each child7s personality! talents and abilities to the fullest# ;t should encourage children to respect others! hu"an rights and their o n and other cultures# ;t should also help the" learn to live peacefully! protect the environ"ent and respect other people# Children have a particular responsibility to respect the rights their parents! and education should ai" to develop respect for the values and culture of their parents# &he Convention does not address such issues as school unifor"s! dress codes! the singing of the national anthe" or prayer in schools# ;t is up togovern"ents and school officials in each country to deter"ine hether! in the conte<t of their society and e<isting la s! such "atters infringe upon other rights protected by the Convention# C=>3&; A$&;C?1 @;A 1,BCA&;=>! 3C;1>C1 A>, &1CH>=?=):! A$&3! CB?&B$1 A>, 3*=$&3 EDUCATION Section 1. The State shall protect and promote the right of all citi-ens to (uality education at all levels, and shall take appropriate steps to make such education accessible to all. Section !. The State shall: 1" 3stablish, maintain, and support a complete, ade(uate, and integrated system of education relevant to the needs of the people and society% !" 3stablish and maintain, a system of free public education in the elementary and high school levels. ,ithout limiting the natural rights of parents to rear their children, elementary education is compulsory for all children of school age% 3" 3stablish and maintain a system of scholarship grants, student loan programs, subsidies, and other incentives which shall be available to

deserving students in both public and private schools, especially to the under-privileged% 4" 3ncourage non-formal, informal, and indigenous learning systems, as well as self-learning, independent, and out-of-school study programs particularly those that respond to community needs% and 5" 6rovide adult citi-ens, the disabled, and out-of-school youth with training in civics, vocational efficiency, and other skills. Section 3. 1" )ll educational institutions shall include the study of the &onstitution as part of the curricula. !" They shall inculcate patriotism and nationalism, foster love of humanity, respect for human rights, appreciation of the role of national heroes in the historical development of the country, teach the rights and duties of citi-enship, strengthen ethical and spiritual values, develop moral character and personal discipline, encourage critical and creative thinking, broaden scientific and technological knowledge, and promote vocational efficiency. 3" )t the option e#pressed in writing by the parents or guardians, religion shall be allowed to be taught to their children or wards in public elementary and high schools within the regular class hours by instructors designated or approved by the religious authorities of the religion to which the children or wards belong, without additional cost to the 7overnment. Section 4. 1" The State recogni-es the complementary roles of public and private institutions in the educational system and shall e#ercise reasonable supervision and regulation of all educational institutions. !" 3ducational institutions, other than those established by religious groups and mission boards, shall be owned solely by citi-ens of the 6hilippines or corporations or associations at least si#ty per centum of the capital of which is owned by such citi-ens. The &ongress may, however, re(uire increased 0ilipino e(uity participation in all educational institutions. The control and administration of educational institutions shall be vested in citi-ens of the 6hilippines. 8o educational institution shall be established e#clusively for aliens and no group of aliens shall comprise more than one-third of the enrollment in any school. The provisions of this subsection shall not apply to schools established for foreign diplomatic personnel and their dependents and, unless otherwise provided by law, for other foreign temporary residents. 3" )ll revenues and assets of non-stock, non-profit educational institutions

used actually, directly, and e#clusively for educational purposes shall be e#empt from ta#es and duties. 9pon the dissolution or cessation of the corporate e#istence of such institutions, their assets shall be disposed of in the manner provided by law. 6roprietary educational institutions, including those cooperatively owned, may likewise be entitled to such e#emptions, sub$ect to the limitations provided by law, including restrictions on dividends and provisions for reinvestment. 4" Sub$ect to conditions prescribed by law, all grants, endowments, donations, or contributions used actually, directly, and e#clusively for educational purposes shall be e#empt from ta#. Section 5. 1" the State shall take into account regional and sectoral needs and conditions and shall encourage local planning in the development of educational policies and programs. !" )cademic freedom shall be en$oyed in all institutions of higher learning. 3" 3very citi-en has a right to select a profession or course of study, sub$ect to fair, reasonable, and e(uitable admission and academic re(uirements. 4" The State shall enhance the right of teachers to professional advancement. 8on-teaching academic and non-academic personnel shall en$oy the protection of the State. 5" The State shall assign the highest budgetary priority to education and ensure that teaching will attract and retain its rightful share of the best available talents through ade(uate remuneration and other means of $ob satisfaction and fulfillment. 6+ :;3 Article +# Rights of the Child. - )ll children shall be entitled to the rights herein set forth without distinction as to legitimacy or illegitimacy, se#, social status, religion, political antecedents, and other factors. 1" 3very child is endowed with the dignity and worth of a human being from the moment of his conception, as generally accepted in medical parlance, and has, therefore, the right to be born well. !" 3very child has the right to a wholesome family life that will provide him with love, care and understanding, guidance and counseling, and moral and material security. The dependent or abandoned child shall be provided with the nearest substitute for a home. 3" 3very child has the right to a well-rounded development of his

personality to the end that he may become a happy, useful and active member of society. The gifted child shall be given opportunity and encouragement to develop his special talents. The emotionally disturbed or socially malad$usted child shall be treated with sympathy and understanding, and shall be entitled to treatment and competent care. The physically or mentally handicapped child shall be given the treatment, education and care re(uired by his particular condition. 4" 3very child has the right to a balanced diet, ade(uate clothing, sufficient shelter, proper medical attention, and all the basic physical re(uirements of a healthy and vigorous life. 5" 3very child has the right to be brought up in an atmosphere of morality and rectitude for the enrichment and the strengthening of his character. :" 3very child has the right to an education commensurate with his abilities and to the development of his skills for the improvement of his capacity for service to himself and to his fellowmen. <" 3very child has the right to full opportunities for safe and wholesome recreation and activities, individual as well as social, for the wholesome use of his leisure hours. =" 3very child has the right to protection against e#ploitation, improper influences, ha-ards, and other conditions or circumstances pre$udicial to his physical, mental, emotional, social and moral development. >" 3very child has the right to live in a community and a society that can offer him an environment free from pernicious influences and conducive to the promotion of his health and the cultivation of his desirable traits and attributes. 1;" 3very child has the right to the care, assistance, and protection of the State, particularly when his parents or guardians fail or are unable to provide him with his fundamental needs for growth, development, and improvement. 11" 3very 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. 1!" 3very child has the right to grow up as a free individual, in an atmosphere of peace, understanding, tolerance, and universal brotherhood, and with the determination to contribute his share in the building of a better world. Article 4# Responsibilities of the Child. - 3very child, regardless of the

circumstances of his birth, se#, religion, social status, political antecedents and other factors shall: 1" Strive to lead an upright and virtuous life in accordance with the tenets of his religion, the teachings of his elders and mentors, and the biddings of a clean conscience% !" ?ove, respect and obey his parents, and cooperate with them in the strengthening of the family% 3" 3#tend to his brothers and sisters his love, thoughtfulness, and helpfulness, and endeavor with them to keep the family harmonious and united% 4" 3#ert his utmost to develop his potentialities for service, particularly by undergoing a formal education suited to his abilities, in order that he may become an asset to himself and to society% 5" /espect not only his elders but also the customs and traditions of our people, the memory of our heroes, the duly constituted authorities, the laws of our country, and the principles and institutions of democracy% :" 6articipate actively in civic affairs and in the promotion of the general welfare, always bearing in mind that it is the youth who will eventually be called upon to discharge the responsibility of leadership in shaping the nation's future% and <" 2elp in the observance of individual human rights, the strengthening of freedom everywhere, the fostering of cooperation among nations in the pursuit of their common aspirations for programs and prosperity, and the furtherance of world peace. Article /.# Phases of Development. - The child shall en$oy special protection and shall be given opportunities and facilities, by law and by other means, to ensure and enable his fullest development physically, mentally, emotionally, morally, spiritually and socially in a healthy and normal manner and in conditions of freedom and dignity appropriate to the corresponding developmental stage. Article /2# Education. - The schools and other entities engaged in nonformal education shall assist the parents in providing the best education for the child. Article /4# orality. - 2igh moral principles should be instilled in the child, particularly in the home, the school, and the church to which he belongs. Article /-# Civic Conscience. - The civic conscience of the child shall not be overlooked. 2e shall be brought up in an atmosphere of universal understanding, tolerance, friendship, and helpfulness and in full

consciousness of his responsibilities as a member of society. &;&?1 ;;;#CH;?, A>, :=B&H 61?8A$1 A>, 1,BCA&;=> CHA*&1$ ;Access to 1ducational =pportunities Article 2/# !dmission to "chools. - The state shall see to it that no child is refused admission in public schools. )ll parents are re(uired to enroll their children in schools to complete, at least, an elementary education. Article 22# !ssistance. - To implement effectively the compulsory education policy, all necessary assistance possible shall be given to parents, specially indigent ones or those who need the services of children at home, to enable the children to ac(uire at least an elementary education. Such assistance may be in the form of special school programs which may not re(uire continuous attendance in school, or aid in the form of necessary school supplies, school lunch, or whatever constitutes a bar to a child's attendance in school or access to elementary education. Article 2+# #ursery "chool. - To further help promote the welfare of children of working mothers and indigent parents, and in keeping with the &onstitutional provision on the maintenance of an ade(uate system of public education, public nursery and kindergarten schools shall be maintained, whenever possible. The operation and maintenance of such schools shall be the responsibility of local governments. )id from local school board funds, when available, may be provided. Article 24# "pecial Classes. - ,here needs warrant, there shall be at least special classes in every province, and, if possible, special schools for the physically handicapped, the mentally retarded, the emotionally disturbed, and the specially gifted. The private sector shall be given all the necessary inducement and encouragement to establish such classes or schools. Article 2%# "chool Plants and $acilities. - ?ocal school officials and local government officials shall see to it that school children and students are provided with ade(uate schoolrooms and facilities including playground, space, and facilities for sports and physical development activities. Such officials should see to it that the school environment is free from ha-ards to the health and safety of the students and that there are ade(uate safety measures for any emergencies such as accessible e#its, firefighting e(uipment, and the like. )ll children shall have the free access to ade(uate dental and medical services. CHA*&1$ ;;&he Ho"e and the 3chool Article 2-# Role of the Home. - The home shall fully support the school in

the implementation of the total school program - curricular and cocurricular - toward the proper physical, social, intellectual and moral development of the child. Article 22# Parent%&eacher !ssociations. - 3very elementary and secondary school shall organi-e a parent-teacher association for the purpose of providing a forum for the discussion of problems and their solutions, relating to the total school program, and for insuring the full cooperation of parents in the efficient implementation of such program. )ll parents who have children enrolled in a school are encouraged to be active members of its 6T), and to comply with whatever obligations and responsibilities such membership entails. 6arent-Teacher )ssociation all over the country shall aid the municipal and other local authorities and school officials in the enforcement of $uvenile delin(uency control measures, and in the implementation of programs and activities to promote child welfare. CHA*&1$ ;;;Ciscellaneous Article 25# Contributions. - 8o school shall receive or collect from students, directly or indirectly, contributions of any kind or form, or for any purpose e#cept those e#pressly provided by law, and on occasions of national or local disasters in which case the school any accept voluntary contribution or aid from students for distribution to victims of such disasters or calamities. A> AC& $1)B?A&;>) HAD;>) A>, =&H1$ 8=$C3 =8 ;>;&;A&;=> $;&13 ;> 8$A&1$>;&;13! 3=$=$;&;13! A>, =&H1$ =$)A>;DA&;=>3 A>, *$=A;,;>) *1>A?&;13 &H1$18=$ 3ection /# 2a-ing, as used in this )ct, is an initiation rite or practice as a prere(uisite for admission into membership in a fraternity, sorority or organi-ation by placing the recruit, neophyte or applicant in some embarrassing or humiliating situations such as forcing him to do menial, silly, foolish and other similar tasks or activities or otherwise sub$ecting him to physical or psychological suffering or in$ury. The term @organi-ation@ shall include any club or the )rmed 0orces of the 6hilippines, 6hilippine 8ational 6olice, 6hilippine Ailitary )cademy, or officer and cadet corp of the &iti-en's Ailitary Training and &iti-en's )rmy Training. The physical, mental and psychological testing and training procedure and practices to determine and enhance the physical, mental and

psychological fitness of prospective regular members of the )rmed 0orces of the 6hilippines and the 6hilippine 8ational 6olice as approved ny the Secretary of 8ational +efense and the 8ational 6olice &ommission duly recommended by the &hief of Staff, )rmed 0orces of the 6hilippines and the +irector 7eneral of the 6hilippine 8ational 6olice shall not be considered as ha-ing for the purposes of this )ct. 3ection 2# 8o ha-ing or initiation rites in any form or manner by a fraternity, sorority or organi-ation shall be allowed without prior written notice to the school authorities or head of organi-ation seven <" days before the conduct of such initiation. The written notice shall indicate the period of the initiation activities which shall not e#ceed three 3" days, shall include the names of those to be sub$ected to such activities, and shall further contain an undertaking that no physical violence be employed by anybody during such initiation rites. 3ection +# The head of the school or organi-ation or their representatives must assign at least two !" representatives of the school or organi-ation, as the case may be, to be present during the initiation. *t is the duty of such representative to see to it that no physical harm of any kind shall be inflicted upon a recruit, neophyte or applicant. 3ection 4# *f the person sub$ected to ha-ing or other forms of initiation rites suffers any physical in$ury or dies as a result thereof, the officers and members of the fraternity, sorority or organi-ation who actually participated in the infliction of physical harm shall be liable as principals. The person or persons who participated in the ha-ing shall suffer: 1. The penalty of reclusion perpetua life imprisonment" if death, rape, sodomy or mutilation results there from. !. The penalty of reclusion temporal in its ma#imum period 1< years, 4 months and 1 day to !; years" if in conse(uence of the ha-ing the victim shall become insane, imbecile, impotent or blind. 3. The penalty of reclusion temporal in its medium period 14 years, = months and one day to 1< years and 4 months" if in conse(uence of the ha-ing the victim shall have lost the use of speech or the power to hear or to smell, or shall have lost an eye, a hand, a foot, an arm or a leg or shall have lost the use of any such member shall have become incapacitated for the activity or work in which he was habitually engaged. 4. The penalty of reclusion temporal in its minimum period 1! years and one day to 14 years and = months" if in conse(uence of the ha-ing the victim shall become deformed or shall have lost any other part of his body, or shall have lost the use thereof, or shall have been ill or incapacitated for the performance on the activity or work in which he was habitually engaged

for a period of more than ninety >;" days. 5. The penalty of prison mayor in its ma#imum period 1; years and one day to 1! years" if in conse(uence of the ha-ing the victim shall have been ill or incapacitated for the performance on the activity or work in which he was habitually engaged for a period of more than thirty 3;" days. :. The penalty of prison mayor in its medium period = years and one day to 1; years" if in conse(uence of the ha-ing the victim shall have been ill or incapacitated for the performance on the activity or work in which he was habitually engaged for a period of ten 1;" days or more, or that the in$ury sustained shall re(uire medical assistance for the same period. <. The penalty of prison mayor in its minimum period : years and one day to = years" if in conse(uence of the ha-ing the victim shall have been ill or incapacitated for the performance on the activity or work in which he was habitually engaged from one 1" to nine >" days, or that the in$ury sustained shall re(uire medical assistance for the same period. =. The penalty of prison correccional in its ma#imum period 4 years, ! months and one day to : years" if in conse(uence of the ha-ing the victim sustained physical in$uries which do not prevent him from engaging in his habitual activity or work nor re(uire medical attendance. The responsible officials of the school or of the police, military or citi-en's army training organi-ation, may impose the appropriate administrative sanctions on the person or the persons charged under this provision even before their conviction. The ma#imum penalty herein provided shall be imposed in any of the following instances: a" when the recruitment is accompanied by force, violence, threat, intimidation or deceit on the person of the recruit who refuses to $oin% b" when the recruit, neophyte or applicant initially consents to $oin but upon learning that ha-ing will be committed on his person, is prevented from (uitting% c" when the recruit, neophyte or applicant having undergone ha-ing is prevented from reporting the unlawful act to his parents or guardians, to the proper school authorities, or to the police authorities, through force, violence, threat or intimidation% d" when the ha-ing is committed outside of the school or institution% or e" when the victim is below twelve 1!" years of age at the time of the ha-ing. The owner of the place where ha-ing is conducted shall be liable as an accomplice, when he has actual knowledge of the ha-ing conducted therein but failed to take any action to prevent the same from occurring. *f the ha-ing is held in the home of one of the officers or members of the

fraternity, group, or organi-ation, the parents shall be held liable as principals when they have actual knowledge of the ha-ing conducted therein but failed to take any action to prevent the same from occurring. The school authorities including faculty members who consent to the ha-ing or who have actual knowledge thereof, but failed to take any action to prevent the same from occurring shall be punished as accomplices for the acts of ha-ing committed by the perpetrators. The officers, former officers, or alumni of the organi-ation, group, fraternity or sorority who actually planned the ha-ing although not present when the acts constituting the ha-ing were committed shall be liable as principals. ) fraternity or sorority's adviser who is present when the acts constituting the ha-ing were committed and failed to take action to prevent the same from occurring shall be liable as principal. The presence of any person during the ha-ing is prima facie evidence of participation therein as principal unless he prevented the commission of the acts punishable herein. )ny person charged under this provision shall not be entitled to the mitigating circumstance that there was no intention to commit so grave a wrong. This section shall apply to the president, manager, director or other responsible officer of a corporation engaged in ha-ing as a re(uirement for employment in the manner provided herein. 3ection %# *f any provision or part of this )ct is declared invalid or unconstitutional, the other parts or provisions thereof shall remain valid and effective. 3ection -# )ll laws, orders, rules or regulations which are inconsistent with or contrary to the provisions of this )ct are hereby amended or repealed accordingly. 3ection 2# This )ct shall take effect fifteen 15" calendar days after its publication in at least two !" national newspapers of general circulation.

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