Article 40 of the
Convention
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.
In comparison to RA 9344
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.
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.
Formula of Incorporation
United Nations Standard Minimum Rules
for the Administration of Juvenile Justice
or "Beijing Rules"
= RA 9344
Members
Members
Chairperson
English, Amharic
Vice Chairperson
Vice Chairperson
English, Spanish
Chambo-Chimborazo-Ecuador
KIRSTEN SANDBURG
Rapporteur
RENATE WINTER
Vice Chairperson
Vienna, Austria
RENATE WINTERs
PROFESSIONAL ACTIVITIES
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
Vice Chairperson
Selangor, Malaysia
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.
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.
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.
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
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 States responsible authority, is then 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 twothirds 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.
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 SecretaryGeneral
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.