Children’s Rights in Human Rights
In today’s development work, the focus of the different development agencies is basically on the inclusion of people’s participation in the decisions and process that affects their lives in the implementation of programs. This is where the subject of human rights comes in. With the definition of human rights as moral norms, standards of accountability and weapons in the struggle of social justice, human rights provide a way of ‘empowering all people to make decisions about their own lives rather than being passive subjects of choices made on their behalf’.
The article delved into the discussion of the approach used by UNDP – the Human Rights-based Approach in their development programming that focus on development goals, ownership, and sustainability. Human rights-based approach is considered as a ‘holistic framework to enrich operational strategies in key areas’. The value lies in the transformative potential to alleviate injustice, inequality and poverty. It provides a vision of what development should strive to achieve and a set of human rights standards and principles. ‘It translates people’s needs into rights, recognizing the human persons the active subject and claim-holder’. This approach is strongly advocated by UNDP in the application of development programming to their UN partners, bilateral donors and major civil society organizations.
The approach is based on the Universal Declaration of Human Rights that includes the succeeding legally binding human rights conventions or treaties that were ratified by member countries, namely; (1) International Convention on the Elimination of All Forms of Racial Discrimination, (2) Convention on the Elimination of All Forms of Discrimination Against Women, (3) Convention Against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment, and (4) Convention on the Rights of the Child.
As was introduced above, a set of human rights-principles are of particular relevance for UNDP programming. These are (1) universality & indivisibility, (2) equality & nondiscrimination, (3) participation & inclusion, and (4) accountability & rule of law. These are considered to be minimum requirements in development assistance programming.
In the programming process, it was discussed in the article that human rights values, standards and principles should pervade in all aspects and phases, from the assessment, analysis, planning, implementation up to the monitoring and evaluation. Thus, the human rights programming is a continuing process in all its phases, having clear and appropriate indicators, and highlighting the meaningful participation of the people. However, the UNDP human rights programming can only be translated in the country-level through the participation of the government and other civil organizations.
With the extensive presentation on human rights-based programming, I would like to zero in on the specific context on children’s rights in the application of human rights-based approach. The human rights-based approach is the guide used by most child agencies; government-led agencies such as DSWD, CWC as well as local and international NGOs for children. The United Nations Convention on the Rights of the Child (UNCRC) serves as standards in the implementation of any programs and projects intended for the well-being and overall development of children, keeping in mind the four broad rights of children – rights for survival, development, protection and participation.
Being a signatory on the UNCRC, the Philippine government is expected to adopt the ratified document in the implementation of programs and projects for children. This is manifested by the creation of local laws for the protection of children stipulated in the UNCRC. RA 7610 (Special protection of children against child abuse, exploitation and discrimination) and RA 9262 (Punishes violence against women and their children) are examples of country level adoption of the UNCRC. Municipal mandates and barangay ordinances for children gives further credence in the functionality of created laws implemented down to the grass root level where the children are found. Inclusion of people’s meaningful participation and maintaining a strong partnership with NGOs like child sponsorship agencies that are present in the locality is crucial for sustainability and operationalization of human rights-based programming.
To conclude, the human rights-based approach in development promotes the well-being and dignity of all people in all walks of life. It recognizes the stake of the people in tackling poverty and vulnerability. It facilitates the claim for equal access in the alleviation of poverty, inequality, and injustice. However, the approach needs the cooperation of the LGUs in the strict implementation and adherence to locally mandated ordinances.
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