thal and for
the Universal Declaration of Human
conflict That is the link between CRC and lHL.
and protection of children and interaction between
IHL and CRC should be mutually supportive rather
than exclusive and should always be for the best
interest and protection of the child.
ln terms of coverage IHL covers adults,
whereas
Next are the governmenfs efforts regarding protecting
CRC covers only those below 18 years old. ln terms
children in situations of armed conflict There are
several legislative actions which the Philippine
government has already taken. What really stands
out is RA 7610, the law which provides especial
protection of children against abuse, exploitation
and discrimination, with provisions for children
in situations of armed conflict The more speciflc
action here is related to Executive Order 56, in 2001,
which is the adoption of a comprehensive program
framework for children involved in armed conflict
CRC,
Rights and the Optional Protocols that add support to
the IHI- particularly the rights of children in armed
of guiding principles, while you have the principle
of distinction between civilians and combatants in
lHl- for the CRC ihe principle is the best interest of
the child, without discrimination, all children from
different tribes, backgrounds and groups. lt also
proposes or subscribes to the principles of survival,
development, protection and participation of the
child.
ln terms of purpose, IHL is for alleviation of human
suffering due to armed conflicf protects persons
who are no longer involved in armed conflict and
restricts the means and methods of warfare. CRC
sets the minimum standards to ensure fulfillment
and protection of every right of the child. There are
44 Articles in the CRC, and one of thal Article 38 is
related to CRCs compliance with IHL provisions.
IHL also provides that children are entitled to full
protection under the rules of IHL and CRC offers
protection of children in both peace and war times.
This is where they also diff,er. Children are viewed
as holders of human righis with corresponding
obligations on states as duty bearers. I'd like to
mention that IHL sets the age limit of the child at
15 yrs, whereas CRC under the optional protocol on
children involved in armed conflict has raised the
level of children under protection. The age limit is 18
years old, meaning, that below 18 there should be
no recruitment of children to armed groups including
the AFP and also the rehabilitation and integration
of ex-soldiers and technical cooperation.
Another broader efioft of the government is the
National Plan of Action for Children. Right now
the second part of the NPAC covers 5 years, from
2011 until 2016, and it has a long list of programs,
policies which support these various programs.
This National Plan is rights-based. lt was designed
that way and it supports the achievement of the
millennium development goals. But in addition to
that is a program for children or a goal and policies
for children who are in armed conflict situations. The
other unique part is a comprehensive framework for
monitoring and evaluation so that we will know if
our efforts from the beginning of the plan are really
translated into outcomes for children.
Another effort that I would like
to mention is the
establishment of many laws in local counclls for the
protection of children. This is very critical because it
shows that even at the lowest political unit of our
country, we have an institution which protects the
rights of the child. lt is the Barangay Council for the
protection of children. AII the people advocating child
rights should be involved in activating and really
In lHLyou have the children's beneflts from protection
and provision on particular emergency situationsrules on evacuation, family reuniflcation and for CRC
ittakes a long term perspective on child development
because it is for the total suwival and development
of the child, not only in situations of armed conflicl
To summarize, both IHL and CRC apply
in times of
conflicl The rules providing both for the best interest
making these local councils functional, because they
are the first line of defense in the local level. lfs been
there for almost 63 years, but until now we're still
talking about making it functional. And this is what
we are really focusing on now, how to make these
councils functional because they will take care of the
rights of children in armed conflict situations. lt is not
the people in Manila but in the villages.
Itaguyod ang IHL: Sibilyan Pangalagaan