Safeguards – Regional and International Protections on the Rights of Children

Katerina LagasséBy Katerina Lagassé
The Adhikain Para Sa Karapatang Pambata (AKAP)[1] Child Rights Desk of the Ateneo Centre for Human Rights works with different stakeholders to advocate for children and has contributed to drafting legislation and building programming for the ASEAN region in partnership with Save the Children.

Currently, AKAP is compiling research on children and corporate social responsibility. In the ASEAN region, children are affected by adverse business practices. They may be affected either directly, by working illicitly as underage labourers, or through other means such as being relocated with their families as a result of land expropriation by corporations or the government, through forced migration due to social and or economic pressures and by being exposed to toxic substances from resource extractive industry practices.

Supporting children’s rights requires businesses to continually and diligently assess their potential human rights impacts and mitigate the issues that are identified. All ASEAN member States have ratified the United Nations Convention on the Rights of the Child (CRC) and continue to implement domestic laws that follow the CRC framework.[2]

There are different social, economic, and political environments in the ASEAN States which create obstacles to the effective implementation of the CRC. All ASEAN member States are parties to the ASEAN Convention Against Trafficking in Persons, Especially Women and Children. This convention recognizes the proximity of borders and promotes regional cooperation to effectively “combat trafficking in persons, especially against women and children, and to ensure just and effective punishment of traffickers […]”[3]. However, ASEAN member States are each affected differently by the impacts on children associated to business practices. As mentioned these impacts include exploitative child labour and human trafficking and other factors that result from social and economic disparity that shape vulnerable populations (migration, HIV and AIDS, Natural disasters, emerging diseases and conflict).[4]

Certain provisions of the CRC are particularly relevant to business responsibility and state protection.[5] As per the CRC, State parties  “recognize the right of the child to be protected from economic exploitation and from performing any work that is likely to be hazardous or to interfere with the child’s education, or to be harmful to the child’s health or physical, mental, spiritual, moral or social development” and are required to “take legislative, administrative, social and educational measures to ensure the implementation of the present article(s)”.[6] Recognition in particular requires providing a minimum age for employment, regulation of hours and conditions of employment, and imposing penalties or sanctions to ensure the provisions are effectively enforced.[7] States are required to protect children from sexual exploitation and sexual abuse[8], from trafficking[9], and against any form of exploitation that prejudices a child’s welfare.[10] Furthermore, States are required to implement penalties for abuses[11] and to take measures to promote the physical and psychological recovery and social reintegration of children that are considered victims of “neglect, exploitation, or abuse; torture or any other form of cruel, inhuman or degrading treatment or punishment; or armed conflicts” in order to promote the “self-respect and dignity of the child”.[12] According to the CRC, State parties are required to implement child protection measures to ensure the government fulfills their commitment. As of June 2017, Indonesia is the only ASEAN member State to launch a National Action Plan on Business & Human Rights.[13]

[1] Akap is a Filipino term that means “to embrace”.
[2] “Situation Review of Children in ASEAN: A report by UNICEF to the Association of Southeast Asian Nations” (December 2007), online: UNICEF < https://www.unicef.org/eapro/Asean_book.pdf > [UNICEF, “Situation…”].
[3] ASEAN Convention Against Trafficking in Persons, Especially Women and Children (entered into force November 21, 2015) at art 1(a), online: Interpol <https://www.google.ca/?gws_rd=ssl#q=asean+convention+on+human+trafficking+interpol >
[4] UNICEF, “Situation…”, supra note 8 at 9.
[5] See CRC, supra note 9 at arts 32, 34, 35, 36, and 39.
[6]Ibid at art 32.
[7]Ibid.
[8]Ibid at art 34.
[9]Ibid at art 35.
[10]Ibid at art 36.
[11]Ibid at art 32.
[12]Ibid at art 39.
[13] FIHRSST, “Indonesia publishes National Action Plan on Business & Human rights; first to launch NAP among Asian countries” (25 June 2017), online: Business & Human Rights Resource Centre < https://business-humanrights.org/en/indonesia-to-develop-a-national-action-plan-on-business-human-rights#c159131 >.

The Ateneo Human Rights Center (AHRC) and Human Rights Education

Katerina Lagassé By Katerina Lagassé
The Ateneo Human Rights Center (AHRC) of the Ateneo de Manila School of Law facilitates an internship program that provides an opportunity for Ateneo law students to gain experience in human rights advocacy and alternative lawyering. This program provides students with an understanding of the “vulnerable sectors of Philippine society”.[1] Throughout the year, different batches of students participate in the internship program. There are three main activities the Semestral Break Internship program (two weeks), the Summer Internship program (2 months), and the Graduate Internship Program (yearlong).[2] Subsequent to the internship, students continue to support the program and the centre by generating activities and research that supports human rights advocacy.[3] The summer program is unique because it includes a week-long immersion in an Indigenous community that is followed by an internship placement at human rights groups around the country. The mandate of these organizations ranges from addressing issues related to the environment, children, Indigenous peoples, urban poor, women, fisher folk, detention prisoners, and migrants (to name a few).[4] Each placement allows students to gain an invaluable hands-on experience that exemplifies the barriers that exist to access to justice and the importance of alternative lawyering in the Philippines context (and abroad).

In Atty. Marlon J. Manuel’s article “Lawyer with the Poor”, that is reproduced in the Training Manual for Paralegals (and interns), he deconstructs the concept of alternative lawyering. For Atty. Manuel, it is a form of lawyering that uses legal tools and works through the legal system to address social issues, but is not limited to solely providing legal aid.[5] Alternative lawyering is distinct from traditional conceptions of human rights lawyering in that it focuses on “economic, social and cultural rights rather than on civil and political rights” while “seek[ing] to effect societal change”.[6] This form of practicing the law requires understanding the precarity of social relationships and circumstances that perpetuate injustices and necessitates working with the marginalized not for them.[7] Atty. Manuel’s legal career reflects this philosophy and practice which the interns were able to witness in the documentary on the struggle of the Sumilao Farmers before commencing their internships.

Prior to departing on the immersion, students undergo the basic orientation seminar and read the Training Manual for Paralegals. During the seminar, presentations by different specialists provide a framework to understanding Human Rights in the national context. This year, the presentations included: Alternative Lawyering (Atty. Anmau Manigbas, AHRC), Legal Aid and Client Interview (Atty. Kenjie Aman, ALSC), Children’s Rights (Atty. Nica Yan, AHRC – AKAP), Refugees, Statelessness and Internally Displaced Persons (Atty. Anmau Manigbas, AHRC), The Environment and Human Rights (Usec. Ipat Luna, Department of Environment), Peasant Farms Section and Agrarian Reform, Human Trafficking – Modern Day Slavery (Atty. Vida Verzosa, International Justice Mission), Women’s Rights and Gender Sensitivity (Atty. Nayie Caga-ana, Urduja-AHRC), Indigenous Peoples’ Rights (Atty. Ma. Vicenta De Guzman, PANLIPI), Criminal Justice System (Atty. Iyok Abitria, HLFA), and Justice Reform in the Philippines  – Hustisya Natin (Atty. Tonet Ramos, Alternative Law Group).

Atty. Ma. Vicenta De Guzman’s introduction to Indigenous Peoples rights in the Philippines and the organization PANLIPI demonstrated the importance of providing paralegal trainings to Indigenous and other rural communities. In particular, PANLIPI supports and empowers indigenous communities to gain control of their Ancestral Domain and maintain their self-determination. These forms of training provide community members with the tools required to advocate for their rights and understand the legal framework which effects their rights. Each presentation contributed to unpacking the concept of alternative lawyering in the Philippines and how this form of legal practice creates valuable social networks and empowers people to advocate for their rights. The immersion experience as well as the internship placement will be carried by the students throughout their professional career regardless of what legal stream they decide to follow – as attested to by past interns and the AHRC team.

[1] Training Manual for Paralegals, A publication of the Ateneo Human Rights Center (2010), p. 101.
[2] Ibid.
[3] Ibid.
[4] Ibid.
[5] Ibid at 6.
[6] Ibid.
[7] Ibid at 8.
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