Article V

Parents and the rights of

the child

• This article says that parents have a right and duty to give their children “appropriate direction and guidance” about how they use and enjoy rights found in Convention.

• The direction and guidance that they give children about their rights must change with

the “evolving capacities” of the child.

• Naturally, the way parents give guidance and direction will depend on many things:

Their attitudes towards the rights of the children

Their knowledge of the characteristics,

Needs and capacities of the children

• The convention does not say that all parents should raise their children in exactly the same way

• This article sets a limit for parents, when it says that they must give children guidance in the exercise of the rights contained in the convention.

• This means that parents cannot ignore the rights found in the Convention.

• The government must respect the right of the parents to give guidance and direction to the children.

• There is a balance in this article because the duty to respect their children’s rights as a parents.

In the Philippines…

• Article II, Sec. 12 of the Philippine Constitution says that the “State recognizes the sanctity of the family life and shall strengthen the family as basic autonomous social institution”

• The rights and duties of parents extend to all children , whether natural or adopted, or born in wedlock or out of wedlock.

• The constitution also say that the State must respect the “natural and primary right and duty of the parents in the rearing of the youth…”

• Art. 220 of the Family Code says that the rights and duties of parents towards children under the age of 18 includes:

1. To keep them in their company, to support, educate, and instruct them by right precept and good example

2. To give the love and affection, advice and counsel, companionship and understanding;

3. To provide them with moral and spiritual guidance, inculcate in them honesty, integrity, self-discipline, self-reliance, industry, and thrift, stimulate their interest in civic affairs, and inspire in them compliance with the duties of citizenship…

4. To furnish them with good and wholesome educational materials, supervise their activities, recreation and association with others, protect them from bad company, and prevent them from acquiring habits detrimental to their health, studies, and morals

5. To demand from them respect and obedience;

6. To impose discipline on them as may be required under the circumstances…”

• the Child and Youth Welfare Code defines the duties of parents in similar terms, but mention two areas where parents do not have the right to expect obedience: at the appropriate age.

• The Code of Muslim Personal Laws says that “Every parent and person exercising paternal authority shall see it that the right of the children are respected, and their duties complied with, and shall particularly, by percept and example, imbue them with religious and civic attachment to ideal of permanent world peace.”

• If the parents of a child are unable to provide care and guidance due to death or any other reason, these responsibilities are usually passed on the grandparents or to an adult brother or sister, if there is one.

Prepared and presented by,

@seanneofficial