PH ranks 58th in the world in children’s access to justice
LONDON — The Philippines is 58th in the world in children’s access to the courts to defend their rights, according to new research from Child Rights International Network (CRIN).
The new report, “Rights, Remedies and Representation,” surveys whether children can bring lawsuits when their rights are violated, the legal resources available to them, the practical considerations for taking legal action and whether international law on children’s rights is applied in national courts.
Although the Philippines ratified the UN Convention on the Rights of the Child (CRC) in 1990, it has not incorporated it into its national law. Some rights and principles have been implemented through national legislation.
A child may bring a claim to challenge a violation of his or her rights with the assistance of a parent, legal guardian, or “guardian ad litem” appointed by the court for the duration of the case.
Children are entitled to legal aid if they meet the minimum standards determined by the Public Attorney’s Office. Any party aggrieved or adversely affected by an agency decision may seek judicial review, meaning bringing legal proceeding requires the identification of a specific victim, but courts may hold hearings in private to protect the interests of the child.
Achieving access to justice for children is a work in progress, and the report is a snapshot of the ways children’s rights are protected across the world. The report condenses findings from 197 country reports, researched with the support of hundreds of lawyers and NGOs and is intended to help countries improve access to justice for children nationally.
CRIN Director Veronica Yates, said, “While the report highlights many examples of systems poorly suited to protecting children’s rights there are also plenty of people using the courts to effectively advance children’s rights.
“Our ranking represents how well states allow children access to justice rather than how well their rights are enshrined. However, it is hard to ignore how many countries with deplorable human rights records are on the lower end of the ranking for children’s access to justice.”
In the foreword of the report the chairperson of the UN Committee on the Rights of the Child Benyam Dawit Mezmur said: “The Committee welcomes this research and already envisages its concrete contribution to its various engagements with State Parties.
“Child rights standards in international instruments do not mean much for the lived reality of children if they are not implemented,” Mezmur added. “I hope this study is only the beginning of a new shift in making access to justice for children a priority that will enable other rights to be fulfilled.”
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