Notes Children

CHILDREN’S RIGHTS LAW
Important terms to understand UNCRC:

1. Children’s Right – The entitlement and protections afforded to individuals below the age of 18,
acknowledging their distinct needs and vulnerabilities.
2. UN Convention on the Rights of the Child – An international treaty adopted by the United Nations in
1989, outlining the rights and protections for individuals under the age of 18. It is the most widely ratified
human rights treaty.
3. Duty Bearers – Individuals or entities, such as government officials, police officers, teachers, and social
workers, who are bound by the UN Convention on the Rights of the Child and have a responsibility to
uphold its articles.
4. Rights Holders – Individuals under the age of 18 who are entitled to the protections and rights outlined
in the UN Convention on the Rights of the Child, regardless of sex, religion, race, disability, or
citizenship.
5. State Agreement – The commitment of countries (State Parties) to be bound by international treaties,
such as the UN Convention on the Rights of the Child, agreeing to uphold and implement its provisions.
6. Standard of Living – The level of wealth, comfort, and necessities available to a child, as emphasized
in the UN Convention on the Rights of the Child.
7. Indivisible & Interdependent – The interconnected nature of the rights outlined in the UN Convention
on the Rights of the Child, where the failure to provide for one right can impact the enjoyment of others.
8. Core Principles – Fundamental values of human rights, including dignity, equality and respect, forming
the basis for international human rights agreements, such as the UN Convention on the Rights of the
Child.
9. Committee on the Rights of the Child – An independent body of experts responsible for monitoring the
implementation of the UN Convention on the Rights of the Child by State Parties.
10. Concluding Observations – The report generated by the Committee on the Rights of the Child
summarizing its views on the state of children’s rights in each country, including implementation and
improvement recommendations.
The 12 Rights of a Child
1. Every 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.
2. Every 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.
2.1 The dependent of abandoned child shall be provided with the nearest substitute for a
home.
3. Every 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.
3.1 The gifted child shall be given opportunity and encouragement to develop his special
talents.
3.2 The emotionally disturbed or socially maladjusted child shall be treated with sympathy and
understanding and shall be entitled to treatment and competent care.
3.3 The physically or mentally handicapped child shall be given the treatment, education and
core required by his particular condition.
4. Every child has the right to a balanced diet, adequate clothing, sufficient shelter, proper medical
attention, and all the basic physical requirements of a healthy and vigorous life.
5. Every child has the right to be brought up in an atmosphere of morality and rectitude for the
enrichment and the strengthening of his character.
6. Every 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.
7. Every child has the right to full opportunities for safe and wholesome recreation and activities,
individuals as well as social, for the wholesome use of his leisure hours.
8. Every child has the right to protection against exploitation, improper influences, hazards, and
other conditions or circumstances prejudicial to his physical, mental, emotional, social and moral
development.
9. Every 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.
10. Every 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. Every 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.
12. Every 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.
DEFINITION
1. Legitimate vs Illegitimate
Legitimate Children – conceived or born during the marriage of the parents are legitimate [Article 164,
FC]
Illegitimate Children – children conceived and born outside a valid marriage are illegitimate [Article
165, FC]
2. Non- marital child (politically correct term)
3. Rights of Non- marital children
Right to Inherit
If a legitimate child inherits a certain portion of the deceased parent’s estate, a non- marital child would
inherit half of that portion. This is the general rule based on Articles 895 and 983, Civil Code.
If it is testamentary, non- marital children may inherit in full based on the will f the testator.
Iron Curtain Rule

The law recognizes the existence of antagonism between legitimate and illegitimate.
Right to Support
Illegitimate children have the right to receive support from their parents. This support encompasses not
only financial assistance but also includes moral, emotional, and educational support.
Establishing Paternity
- documents
Protection under the law

Guardian and Custody
In most cases, the mother is granted primary custody of the illegitimate unless there’s a compelling reason
that it’s not in the child’s best interest.
USE OF SURNAME RA 9255

Article 176 FC – amended to 9255
All illegitimate children born on or after March 19, 2004 may use their father’s last name provided that an
authority to use the surname of the father (AUSF) is executed and that the father acknowledges the child
as his.
Upheld
Please note that getting an illegitimate child’s last name changed to his or her father’s by virtue of RA
9255 does not make the child a legitimate child. It simply allows the child to use his or her father’s last
name publicly (IDs, passport, documents, etc.)
For an illegitimate child to become legitimate, his or her parents must marry and file for a legitimation.
Upon, legitimation, the child receives the right to use his or her father’s last name.
4. Effects of Nullity or Annulment of Marriage to the Children
i. Nullity based on Article 36 of the FC: Legitimate

ii. Nullity based on any other Article except Article 36: Illegitimate
iii. If the marriage is annulled – child is legitimate since the married is valid until annulled

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CHILDREN’S RIGHTS LAW

Important terms to understand UNCRC:

The 12 Rights of a Child

3. Rights of Non- marital children

Iron Curtain Rule

Protection under the law

USE OF SURNAME RA 9255

4. Effects of Nullity or Annulment of Marriage to the Children

i. Nullity based on Article 36 of the FC: Legitimate

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