Unit 6: Safety and Security in the Learning Environment

Objectives:
At the end of this module, youmust be able to:
a) discuSs the laws, policies, guidelines, and procedures that protect children's rights
and assure their safety and security in school; and
b) explain and draw implications of policies and procedures on child protection, and
positive/non-violent discipline in the management of behavior.

A. UN Convention on the Rights of the Child and PD 603

as
The UN Convention on the Rights of the Child (UNCRC)and PD 603, also known
and
the Child and Youth Welfare Code. are two legal instruments that address the rights
welfare of children.
The UNCRC is an international treaty adopted by the United Nations General
Assembly in 1989. It is an important agreement by countries who have promised to
protect children's rights. It outines the civil, political, economic, social, and cultural rights
of children and sets out the responsibilities of governmernts to ensure that these rights are
upheld. The rights are connected, they are all equally important and they cannot be
taken away from children.
Convention on the Rights of the Child: The children's version
1. Definition of a child: A child is any person under the age
of 18.
2. No discrimination: all children have all these rights, no matter who they are, where
they live, what language they speak, what their religion is, what they think, what they
look like, if they are a boy or girl, if they have a disability, if they are rich or poor, and
no matter who their parents or families are or what their parents or families believe or

do. No child should be treated unfairly for any reason.

how
3. Best interests of the child: When adults make decisions, they should think about
their decisions will affect children. All adults should do whaf
is best for children.
looked after by their
Governments should make sure children are protected and
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 parents, or by other people when this is needed. Governments should make sure that
people and places responsible for looking after children are doing a good job.
4. Making rights real: Governments must do all they can to make sUre that every child in
their countries can enjoy all the rights in this Convention.

5. Family guidance as children develop: Governments should let families and

communities guide their children so that, as they grow up. they learn to Use their rights
in the best way. The more children grow, the less guidance they will need.
6. Life survival and development: Every child has the right to be aive. Govenments
must make sure that children survive and develop in the best possible way.
givena
7. Name and nationality: Children must be registered when they are born and
Children must have a
name which is officially recognized by the government.
should know their
nationality (belong to a country). Whenever possible, children
parents and be looked after by them.
of who they
8. ldentity: Children have the right to their own identity - an official record
are which includes their name, nationality, and family relations. No one should take

this away from them, but if this happens, governments must help children to quickly
get their identity back.

9. Keeping families together: Children should not be separated from their parents unless
they are not being properly looked after - for example, if a parent hurts or does not
take care of a child. Children whose parents don't live together should stay in contact
with both parents unless this might harm the child.
10. Contact with parents across countries: If a child lives in a different country than ther
can stay in
parents, governments must let the child and parents travel so that they
contact and be together.
the
kidnapping: GOvernments must stop children being taken Out of
TI. Protection from
example, being kidnapped by someone or
the law - for
COUntry when this is against
does not agree.
by a parent when the other parent
held abroad freely on
give their opinions
Children have the right to
children's views:
T2. Respect for seriouS0y.
Adults should listen and take children
ISSUes that affect them.
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13. Sharing thoughts freely: Children have the right to share freely with others what they
learn, think, and feel, by talking, drawing, writing or in any other way unless it harms
other people.
14. Freedom of thought and religion: Children can choose their own thoughts, opinions
and religion, but this should not stop other people from enjoying their rights. Parents
Can guide children so that as they grow up, they learn to properly Use this right.

15. Seffing up or joining groups: Children can join or set up groups or organizations, and
they can meet with others, as long as this does not harm other people.
16. Protection of privacy: Every child has the right to privacy. The law must protect
children's privacy, family, home, communications, and reputation (or good name)
from any attack.
17. Access to information: Children have the right to get information from the Internet,
radio, television, newspapers, books and other sources. Adults should make sure the

information they are getting is not harmful. Governments should encourage the
media to share information from lots of different sources, in languages that all children
Can understand.

18. Responsibility of parents: Parents are the main people responsible for bringing up a
child. When the child does not have any parents, another adult will have this
responsibility and they are called a "guardian". Parents and guardians should aways
consider what is best for that child.Governments should help them. Where a child has
both parents, both of them should be responsible for bringing up the child.
abuse
19. Protection from violence: Governments must protect children from violence,
and being neglected by anyone who looks after them.
own family
without families: Every child who cannot be looked after by their
20. Children religion,
child's
to be looked after properly by people who respect the
has the right
aspects of their life.
culture, language, and other is
children are adopted, the most important thing
adopted: When
21. Children who are properly looked after in their
Own
be
what is best for them. If a child cannot
to do

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JALAINE CJ
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 COuntry- for example by living with another family - then they might be
another country.
adopted in
22. Refugee children: Children who move from their home
country to another country as
refugees (because it was not safe for them
to stay there) should get help and
protection and have the same rights as children born in
that cOuntry.
23. Children with disabilities: Every
child with a disability should enjoy the best
in society. possible life
Governments should remove all obstacles for children with
disabilities to
become independent and to participate actively in the
24. Health, water, food,
community.
environment: Children have the right to the best health care
possible, cleanwater to drink, healthy food anda clean and safe
environment to live
in. All adults and children should have
information about how to stay safe and
healthy.
25. Review of a child's placement: Every child
who has been placed somewhere away
from home- for their care,
protection or health - should have their situation checked
regularly to see if everything is going well and if this is
still the best place for the child
to be.

26. Social and economic help: Governments should provide money or

other support to
help children from poor families.
27. Food,clothing, a safe home: Children have the right to
food, clothing and a safe
place to live so they can develop in the
best possible way. The
help families and children who government should
cannot afford this.
28. Access to education: Every child has
the ight to an education. Primary
education
should be free. Secondary and higher education should be
available to every child.
Children should be enCouraged to go to school to the highest level possible.
Discipline
in schools should respect children's rights and never use violence.

29. Aims of education: Children's education should help them fuly develop their
personalities, talents andabilities. It should teach them to understand their own rights,
and to respect other people's rights, cultures and differences. It should help them to
live peacefully and protect the environment.

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 30. Minority culture, language, and religion: Children have the
right to Use their own
language, culture and religion - even if these are not shared by most
people in fhe
cOuntry where they live.
31. Rest, play, culture, arts: Every
child has the right to rest, relaX, play and to take
part in
cultural and creative ctivities.
32. Protection from harmful work: Children have the right to be
protected from doing
Work that is dangerous or bad for their
education, health, or development.
If children
work, they have the right to be safe and
paid fairly.
33. Protection from harmful drugs:
Governments must protect children from taking.
making. carying. or selling harmful drugs.
34. Protection from sexUal abuse: The
government should protect children from sexual
exploitation (being taken advantage of) and sexUal abuse,
including by people
forcing children to have sex for money, or making sexual
35. Prevention of sale and
pictures or films of them.
trafficking: Governments must make sure that
kidnapped or sold or taken to other children are not
countries or places to be exploited (taken
advantage of).
36. Protection from exploitation: Children have the
right to be protected from all
kinds of exploitation (being other
taken advantage of), even if
mentioned in this Convention. these are not specifically
37. Children in
detention: Children who are accused of
killed, tortured, treated cruelly, put in breaking the law should not be
prison forever,, or put in prison with
should always be the last choice and only adults. Prison
for the shortest
prison should have legal help and be possible time. Chíldren in
able to stay in contact with their
38. Protection in war: Children family.
have the right to be protected during war. No
child under
15 can join the army or
take part in war.
33. Recovery and reintegration: Children have the right to
get help if they have been
hurt, neglected, treated badly, or affected by war, so they can get
back their health
and dignity.
 to
who break the law: Children accused of breaking the law have the right
A0 Children
help these children
legal help and fair treatment. There should be lots of solutions to
become good members of their commnunities. Prison should only be the last choice.
41. Best law for children applies: If the laws of a country protect children's rights befter
than this Convention, then those laws should be used.
42. Everyone must know children's rights: Governments should actively tell children and
adults about this Convention so that everyone knows about children's rights.
43 to 54. How the Convention works: These articles explain how governments, the United
Nations - including the Committee on the Rights of the Child and UNICEF- and other
organizations work to make sure all children enjoy alltheir rights.

PD 603
PD 603, on the other hand, is a Philippine law that was enacted in1974. It is a
comprehensive law that aims to promote and protect the well-being of children and
youth in the Philippines. The law covers a wide range of issUes
including child abUSe,
neglect, adoption, and education. It sets out the rights of
children and the responsibilities
of parents, guardians, and
government agencies to ensure that these rights are upheld.
The following are excerpts taken from Articles 1-3 of
PD 603.

THE CHILD AND YOUTH

WELFARE CODE
TITLE I. GENERAL
PRINCIPLES
ARTICLE Declaration of
1.
Policy.The Child is one of the most important assets of the
nation. Every effort should be exerted to
promote his welfare and enhance his
opportunities for a useful and happy life.
Ihe child is not a mere creature of the
State. Hence, his individual traits and
apfifudes should be cultivated to the utmost insofar as they do not
conflict with the
general welfare.
 The molding of the character of the child starts at home. Consequently, every
member of the family should strive to make the home a wholesome and harmoniouS
place as its atmosphere and conditions wl greatly influence the child's development.
Attachment to the home and strong and family ties should be encouraged buT
not to the extent of making the home isolated and exclusive and unconcerned with the
interests of the community and the country. The natural right and duty of parents in the
training of the child for civic efficiency should receive the aid and support of the
government.

Other institutions, like the school, the church, the guild, and the community in

general, should assist the home and the State in the endeavor to prepare the child for
the responsibilities of adulthood.

ARTICLE. 2. Title and sCope of code. The Code shallbe known as the Child and Youth
Welfare Code. It shal apply to persons below twenty-one years of
age except those
emancipated accordance with law. "Child" or "minor" or "yOuth", as used in this Code,
in
shall refer to such persons.

ARTICLE 3. Rights of the child. - Allchildren shall be

entitled to the rights herein set forth
without distinction as to legitimacy or
ilegifimacy, sex, social status, religion, political
antecedents, and other factors.
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. The dependent or 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.
 The gifted child shallbe given opportunity and encOuragement to develop
his special talents.
The emotionally disturbed or socially maladiusted child shall be treated with
sympathy and understanding and shall be entitled to treatment and
competent care.

The physically or mentally handicapped child shall be given the treatment,

education and care required by his particular condition.
4. Every child has the right to a balanced diet, adequate clothing, sufficient shelter,
proper medical attention, and allthe 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, individual 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.

PaCC 10
 ., Evev child has the right to an efficient and honest
government that will deepen
bis 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.
Aside from the above Articles 1-3 of PD 603, other
important provisions include:
Adoption: PD 603 sets out the rules and procedures for the adoption of
children, including the requirement that adoption be in the best interests of
the child. Any person of age and in full possession of his civl rights may
adopt: Provided, That he is in a position to support and care for his
legitimate, legitimated, acknowledged naturalchildren, or natural children
by legal fiction, or other illegitimate children, in keeping with the
means,
both material and otherwise, of the family. In all
cases of adoption the
adopter must be at least fifteen years older than the person to
be adoptea.
(Article 27)
Parental responsibility: Parents and guardians
have the responsibility to
provide for the physical, emotional, and social needs of
their children. In
the case of separation of his
parents, no child under five years of age shall
be separated from his mother unless
the court finds compeling
reasons to
do so. (Article 17)
Intervention of Department of Social Welfare: The Department of Social
Welfare shall intervene on behalf of the child if it finds, after its case
study,
that the petition for guardianship or custody should be denied (Article 24).
These provisions of PD 603 reflect the Philippines' commitment to protecting and
promofing the rights and welfare of children and youth.
Both the UNCRC and PD 603 aim to promote and protect the rights and welfare
of children. While the UNCRC is an international treaty that applies to all countries that
have ratified it, PD 603 is a national law that is specific to fhe Philippines. Both instruments

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 recognize that children have rights and that it is the responsibility of governments to

ensure that these rights are respected and upheld.

B. Anti-Bullying Act of 2013 (Republic Act 10627)

Republic Act 10627, or the Anti-Bullying Act of 2013 aims to protect children
enrolled in kindergarten, elementary, and secondary schools and learning centers
(collectively called schools) from being bullied. It requires schools to adopt policies to
address the existence of bullying in their respective institutions.
The following are some of the important provisions under this Act:
O Definition of bulying: The law defines bullying as "any severe or repeated use by
one or more students ofa written, verbal or electronic expression, or a physical
act or gesture or any combination thereof, directed at another student that has
the effect of actually causing or placing the latter in reasonable fear of physical
or emotional harm or damage to his property: creatinga hostile enironment at
school for the other student; infringing on the rights of the other
student at school:
or materially and substantially
disrupting the education process or the orderly
operation of a school". This definition includes
cyber-bullying. social bullying.
gender based bullying and other acts mentioned in the law. As
SUch, any person
who commits any of the foregoing acts is
considered bully.
a
Prohibition of bullying: The law prohibits any form of bullying in
elementary and
secondary schools, both public and private.
OResponsibilities of schools: Schools are
required to adopt policies and procedures
to address the existence of bullying in their
institutions, and to establish
mechanisms for reporting, investigating, and resolving cases of bullying.
ORoles of teachers and school personnel: Teachers and school personnel are
mandated to take immediate and appropriate actions to address bullying
incidents or to report them to the proper authorities.

A-25 [MANANSALA, JALAINE C.J PAGE 106

 hte of victims and witnesses: Ihe lawW recognizes the
rights of victims and
.sitoesses of bullying to confidentiality, protection, and
support, and to be free
from retaliation.

O Penalties for violators: The law imposes penalties on

individuals who violate its
provisions, which may include fines and imprisonment,
of the offense.
depending on the gravity
OReporting and monitoring: The law requires schools to submit annual reports to the
Department of Education on their compliance with the Anti-Bullying Act, and for
the Department of Education to monitor and evaluate the
effectiveness of the
law's implementation.
These provisions aim to promote a safe and conducive learning environment for
all students, free from the harm and negative effects of
bullying.
C. ChildProtection Policy
A
child protection policy is a set of
gUidelines, policies, and procedures that aim
to safeguard the
welfare and rights of children in different
settings, sUch as schools,
churches, communities, and other
organizations. The Philippines has a number of laws
and policies ainmed at protecting
children, including the following:
1) RepUblic Act No. 7610 or the "Special Protection of
Children Against Abuse,
Exploitation and Discrimination Act"-This law provides
protection to children from
all forms of abUse, exploitation, and
discrimination. It defines child abuse as the
maltreatment of a child, whether physical, emotional, or
psychological, and
prescribes penalties for violators.
2) Republic Act No. 9262 or the
"Anti-Violence Against Women and Their Children
Act of 2004" This law provides protection to women and their children from
violence, abuse, and exploitation. It defines violence against women and their
children as any act or a series of acts conmitted by any person against awoman
who is his wife, former wife, or against a woman with whom the person has or had
asexualor dating relationship, or with whom he has a common child and against
herchild whether legitimate or illegitimate within or without the family abode. This
A-25 MANANSALA, JALAINE CJ PAGE 107
 act covers physical violence (acts that include bodily or physical harm), sexual
violence (acts sexual in nature committed against a woman or her
child),
psychological violence (acts or omissions causing or likely to caUse mental or
emotional suffering of the victim) and economic abuse (Acts that
make or
attempt to make a woman
financialy dependent upon her abuser). Offenders
proven in court to be guilty of the crime shall be penalized with:
imprisonment
ranging from 1month and 1day to 20 years payment of P100,000 to P300,000 in
damages mandatory psychological counseling or psychiatric treatment.
3) Republic Act No. 9208 or the "Anti-Trafficking in Persons Act of 2003" amended by

RA 10364 also known as the "Expanded Anti-Trafficking in Persons Act of 2012" -

This law criminalizes the trafficking of persons for labor exploitation or sexual
exploitation, including the trafficking of children. It establishes the necessary
institutional mechanisms to protect and support trafficked persons and provides
penalties for its violations.
4) Republic Act No. 9344 or the "JUvenile Justice and Welfare Act of 206" - This law
establishes a comprehensive juvenile justice system that aims to promote the
welfare of children in conflict with the law. "A child fifteen (15)
years of age or
under at the time of the commission of the offense
shall be exempt from criminal
liability. However, the child shall be subjected to an
intervention program pursUant
fo Section 20 of this Act. (Section 6)"
There are also various other laws, policies, and programs in the Philippines that are
aimed at protecting children and promoting their welfare.

D. Positive Discipline
Discipline is a set of rules that govern a person's behavior and conduct. It is the
process of shaping and molding a child's attitudes and behaviors over the years.
Effective discipline teaches children what to do, not just what not to do, teaches children
how to solve problems to meet their needs, teaches children how to intergct
appropriately with adults and others, promotes growth in the five areas of development

A 25 [MANANSALA, JALAINE CJ PAGE 108

.seciea intellectual, social, emotional and
moral). enhances self-concept, and
children internalize all of the above and helos
allows them to
become self-discipliped
Punishrment is defined as
imposing external controls by force on
change their behavior. Types of children to
punishment include:
Inflicting pain - spanking. slapping, or
hitting.
Imposing suffering. for example by withholding food.
Enforcing penalties that are not related to the
Personal or emnotional attacks - unacceptable behavior.
name-calling, ridicule, and insults
Many forms of punishment are against the law.
It's not hard to understand why
parents
Sometimes want to Use punishment. There are many reasons: the misbehavior often
stops
immediately, children often show remorse during punishment, the parent gets to blow off
steam, the parent feels in control, the parent didn't let the
child "get away with it", and
the parent was raised that way.

According to Some child development experts,

children USUally misbehave for one of
four basic reasons:
attention, power, revenge, orinadequacy.
Aftention - When children believe they "belong" only when they are noticed. They
feel important when they are
commanding total attention.
Power - When children believe they "belong" only when
they are in control or are
proving that no one can "boss them around."

Revenge - When children believe they "belong" only by hurting others, since they
feel hurt themselves. Sometimnes the reason for misbehavior is not clea.

Inadequacy - When children believe they "belong" only when they convince

ofhers not to expect anything of them since they are helpless or unable.

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A 25 [MANANSALA, JALAINE CJ
 Other reasons: Boredom, Curiosity, Seeing or Heaing
Impairments, Family Crisis,
Sensifive to foods or other things in the
environment, learned family behavior, hunger,
firedness, illness, frequent over-reacting by adults, too
many no's.

STEPS IN POSITIVE DISCIPLINE

o lgnore minor, iritating behavior

Praise and reward positive behavior: be specific with
praise
o Builda positive relationship
Work with the child to set basic rules: focuS on
teaching
Decide together what consequences will result from breaking the rules:
problem
solve together
o Use consequences consistently and calmly when rules are broken

REFERENCES

https:/ www.ilo.org/dyn/natlex/docs/ELECTRONIC/15244/15905/F
347501373/PHL15244.pdf
https://lawphil.net/statutes/presdecs/pd1974/pd_603_1974.html
https://www.unicef.org/child-rights-convention/convention-text-childrens-version
https://pCw.gov.ph/faq-republic-act-9262/
https://depts.washington.edu/allcwe2/fosterparents/training/discpun/dp02.htm

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