Ruth Anne M. Lofranco
1. What rights of the child are violated as seen in the case?
-In the given case, the following rights of a child is violated:
a)
b)
c)
The right to protection against child marriage. According to RA 11596 also
known as the Prohibition of Child Marriage Law. Since Myla is considered as still
a minor or a child by the state, this law is violated.
Right to Education. Myla expressed her desire to continue to pursue education
but her parents ignored this and proceeds to arrange her marriage. This violated
her right to education as stipulated in both the Geneva Declaration of Rights and
the International Covenant on Economic, Social and Cultural Rights.
Right to protection against exploitation.The proposal is being pushed by the
parents in an attempt to use Myla’s supposed marriage to get back on their feet
in terms of financially after the earthquake. This is a violation of RA 7610 or the
Special Protection of Children Against Child Abuse, Exploitation and
Discrimination Act
2. What laws or legal instruments can be used by the child development worker
or service provider to address the problems of the child?
a)
b)
c)
d)
e)
RA 11596 or the Prohibition of Child Marriage Law
RA 7610 or the Special Protection of Children Against Child Abuse, Exploitation
and Discrimination Act
RA 11648 or the Raising the Age of Sexual Consent
Universal Declaration of Human Rights (Article 16)
International Covenant on Civil and Political Rights (Article 23)
3. Are the existing legal instruments especially those in the Philippines
sufficient to respond to the issues faced by the child? If yes, explain your
answer. If not, suggest what other legal instruments or remedies are needed to
ensure that the child 's rights are protected and upheld.
Yes, the existing laws are sufficient and enough to respond to the issues faced
by Myla. Aside from the already given laws in the previous number, The International
Covenant on Economic, Social and Cultural Rights further supports Myla’s right to
continue her education and RA 11642, an Act Strengthening Alternative Child Care
ensures that children have access to safe shelters in times like this.
To further support this, I suggest that in order to ensure that each child’s right
are protected and upheld, there should be education programs wherein both parents
and children are educated on the rights of a child, its protection and welfare and
legal protections that are available in the country.