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BARANGAY HRBA IN PROVIDING ACCESS TO JUSTICE Atty. Anita M. Chauhan,Ph.D. Regional Human Rights Director CHR Region 1



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It is a mainstreaming process to link human rights to development. what is HRBA? HUMAN RIGHTS Development

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It is a conceptual framework for the process of human development that is normatively based on international human rights standards Central to HRBA is the PROTECTION and REALIZATION of HUMAN RIGHTS

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7IHRN A human rights-based approach (HRBA) is a process which applies a number of core principles aimed at ensuring the full enjoyment of all human rights by all. Full enjoyment of HR is both the goal and the means of development


8IHRN 5 CORE PRINCIPLES of HRBA Expressly apply the int’l legal framework Empowerment Participation Non-discrimination & vulnerable groups Accountability

1. Expressly apply the Int’l legal framework : 

9IHRN 1. Expressly apply the Int’l legal framework The nature of the obligation as a party to a HR treaty – Respect, Protect, fulfil, encourage Universality and inalienability of HR Indivisibility, Interdependence and Inter-relatedness Immediate obligations (ensure core minimum, take steps, non-discrimination) - progressive realisation to maximum of available resources … MDGs 2015????????? Standards are made by states & evolving State & non-state actors

2. Empowerment : 

10IHRN 2. Empowerment Not charity Treaty obligation to actively inform the public regarding the content of the HR treaties, Treaty bodies, availability of remedies etc Empowerment a precondition for participation Requires education, information, expectation

3. Participation : 

11IHRN 3. Participation The right to ‘active, free & meaningful’ participation: A means (process) and an end in itself A composite right - Freedom of expression, assembly, association, right to vote, stand for election, participate in one’s development…… Who participates? How, On what issues?, at what stages?, with access to what information? To what degree of influence? Who decides the answers to these questions? – and how? Concept of rights-holder

4. Non-Discrimination & Vulnerable groups : 

12IHRN 4. Non-Discrimination & Vulnerable groups Equality and non-discrimination Disaggregation of data by gender, race, religion, age, etc Vulnerability – a fluid concept

5. Accountability: legal & political : 

13IHRN 5. Accountability: legal & political Due process rights, equality before the law, access to justice Right to effective remedies: judicial, administrative Rt to Participate e.g M&E of development plans, Access to information Clarity re duties and duty-holders Justiciability of E SC rights Obligation to protect HR Defenders

What’s new in HRBA? : 

What’s new in HRBA?

Legal Foundations of HRBA : 

Legal Foundations of HRBA International HR Laws UN Declaration on the Right To Development UDHR 8 Core International Human Rights Treaties National Philippine Constitution National laws Policies and Issuances Local Legislation NORMATIVE CONTENT STATE OBLIGATIONS HUMAN RIGHTS PRINCIPLES

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HUMAN RIGHTS United Nations Definition Those rights, which are inherent in our nature and without which we cannot live as human beings.

State Obligations in Human Rights : 

State Obligations in Human Rights Sources: Ratified international HR and IHLTreaties Philippine Constitution National and Local Laws Policies and Issuances RESPECT PROTECT FULFILL STATE OBLIGATIONS:

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Human Rights Obligations Duty-bearer’s obligation to Respect Protect Fulfill prevent others from interfering with the enjoyment of a right refrain from interfering with the enjoyment of the right adopt appropriate measures towards full realization of the right

Normative Content of Human Rights : 

Normative Content of Human Rights Sources Treaty provisions Comments of Treaty Bodies The Governing Laws FREEDOMS ENTITLEMENTS of a particular right Minimum Core Content Principle of Progressive realization

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2 21 Development is an inalienable right UN Declaration on the Right to Development Article I 1. The right to development is an inalienable human right by virtue of which every human person and all peoples are entitled to participate in,contribute to, and enjoy economic, social, cultural and political development, in which all human rights and fundamental freedoms can be fully realized. Development: A need or a right? The Right ToDevelopment

Development has a human face. : 

Development has a human face. UN Declaration on the Right To Development Article 2 1. The human person is the central subject of development and should be the active participant and beneficiary of the right to development. 5

What is development from a rights perspective? : 

What is development from a rights perspective? A Comprehensive Economic, Social, Cultural and Political process aimed at constant improvement of the self-being of the entire population and of all individuals based on their active, free and meaningful participation in development & fair distribution of resulting benefits

What is governance? : 

What is governance? "governance" means: the process of decision-making and the process by which decisions are implemented (or not implemented). Governance can be used in several contexts such as corporate governance, international governance, national governance and local governance.

Characteristics of Good Governance : 

Characteristics of Good Governance

The Core Purpose of Governance from the Rights Perspective : 



DEVELOPMENT PLANNING FUNCTIONS HR Duty Holders and Rights Claimholders HR Principles HR Normative Content (Norms and Standards) State Obligations People’s Participation



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HRBA challenges Full implementation of a HRBA faces important challenges regarding: Sensitivity of human rights and questioning of power relationships Obstacles to active, free and meaningful participation of most disadvantaged groups Financial and time constraints to ensure development results Need to strengthen existing human rights framework

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Lessons Learned A HRBA can help to do “better development”, and it is relatively simple to apply in programming, but: A HRBA is still an approach in the making, although increasingly concrete (UN Common Understanding 2003) A HRBA does not guarantee the realisation of human rights: Realising human rights requires both willingness and capacity: A HRBA seeks to develop capacities (e.g. UNDP), human rights monitoring to promote willingness (e.g. CCPR, OHCHR). A HRBA requires practitioners’ deeper understanding of (a) impact of inequalities on development, (b) human rights norms and (c) conflict management A HRBA calls for developing practitioners mediation and communication skills, particularly with most disadvantaged groups The implementation of a HRBA demands improving existing tools (e.g. logical frameworks, programming guidelines, indicator systems)

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UNDP defines “access to justice” as: The ability of people to seek and obtain a remedy through formal or informal institutions of justice, and in conformity with human rights standards. What is access to justice?

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Definition of “Access to Justice” Identifies justice with remedies, not simply with services Distinguishes supply and demand side of justice (different capacities but both needed) Explicit about the quality of justice (respectful of human rights) Recognizes both formal and traditional justice mechanisms HRBA’s ADDED VALUE

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SUBSTANTIVE MODEL Access to justice = ability of people to seek and obtain a remedy respectful of basic human rights Definition Scope of analysis Provision of Effective Remedies (Supply of remedies) Adjudication mechanisms (formal and traditional) Enforcement (police, prisons) Civil society oversight

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Barangay-Based Institutions/ Offices as Mechanisms for Access to Justice : 


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TRINITY OF POWERS OF THE BARANGAY CAPTAIN the Barangay Chairman is President, Speaker and Chief Justice, the greatest functionary IN GOVERNMENT

Powers,Duties and Functions of Barangay Captain : 

Powers,Duties and Functions of Barangay Captain

Explanatory slides : 

Explanatory slides

LGU ROLES under the Local Government Code(Sec.16) : 

LGU ROLES under the Local Government Code(Sec.16) 1.the preservation and enrichment of culture 2.promote health and safety 3. enhance  the right of the people to a balanced ecology, 4.encourage and support the development of appropriate and self-reliant scientific and technological capabilities, 5.improve public morals, 6.enhance economic prosperity and social justice, 7. promote full employment among their residents, 8. maintain peace and order, and 9.preserve the comfort and convenience of their inhabitants.

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LGC SEC. 17. Basic Services and Facilities. - (a) Local government units shall endeavor to be self-reliant and shall continue exercising the powers and discharging the duties and functions currently vested upon them. They shall also discharge the functions and responsibilities of national agencies and  offices devolved to them pursuant to this Code. Local government units shall likewise exercise such other powers and discharge such other functions and responsibilities as are necessary, appropriate, or incidental to efficient and effective provision of the basic services and facilities enumerated herein.

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BOOK III LOCAL GOVERNMENT UNITS TITLE ONE. - THE BARANGAY CHAPTER 1 - ROLE AND CREATION OF THE BARANGAY   SEC. 384. Role of the Barangay. - As the basic political unit, the barangay serves as the primary planning and implementing unit of government policies, plans, programs, projects, and activities in the community, and as a forum wherein the collective views of the people may be expressed, crystallized and considered, and where disputes may be amicably settled.

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SEC. 388. Persons in Authority. - For purposes of the Revised Penal Code, the punong barangay, sangguniang barangay members, and members of the lupong tagapamayapa in each barangay shall be deemed as persons in authority in their jurisdictions, while other barangay officials and members who may be designated by law or ordinance and charged with the maintenance of public order, protection and security of life and property, or the maintenance of a desirable and balanced environment, and any barangay member who comes to the aid of persons in authority, shall be deemed agents of persons in authority.

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(b)  Such basic services and facilities include, but are not  limited to, the following: (1)For a Barangay:   Agricultural support services which include planting materials distribution system and operation of farm produce collection and buying stations; (ii) Health and social welfare services which include maintenance of barangay health center and day-care center; (iii) Services and facilities related to general hygiene and sanitation, beautification, and solid waste collection;

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(iv) Maintenance of katarungang pambarangay; (v) Maintenance of barangay roads and bridges and water supply systems (vi) Infrastructure facilities such as multi- purpose hall, multipurpose pavement, plaza, sports center, and other similar facilities;   (vii) Information and reading center; and   (viii) Satellite or public market, where viable;


CHAPTER 3 - THE PUNONG BARANGAY SEC. 389. Chief Executive: Powers, Duties, and Functions. - (a) The punong barangay, as the chief executive of the barangay government, shall exercise such powers and perform such duties and functions, as provided by this Code and other laws.  (b) For efficient, effective and economical governance, the purpose of which is the general welfare of the barangay and its inhabitants pursuant to Section 16 of this Code, the punong barangay shall:  (1) Enforce all laws and ordinances which are applicable within the barangay;  (2) Negotiate, enter into, and sign contracts for and in behalf of the barangay, upon authorization of the sangguniang barangay;  (3) Maintain public order in the barangay and, in pursuance thereof, assist the city or municipal mayor and the sanggunian members in the performance of their duties and functions;  (4) Call and preside over the sessions of the sangguniang barangay and the barangay assembly, and vote only to break a tie; (5) Upon approval by a majority of all the members of the sangguniang barangay, appoint or replace the barangay treasurer, the barangay secretary, and other appointive barangay officials;  (6) Organize and lead an emergency group whenever the same may be necessary for the maintenance of peace and order or on occasions of emergency or calamity within the barangay;

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(7) In coordination with the barangay development council, prepare the annual executive and supplemental budgets of the barangay;  (8) Approve vouchers relating to the disbursement of barangay funds;  (9) Enforce laws and regulations relating to pollution control and protection of the environment;  (10) Administer the operation of the Katarungang Pambarangay in accordance with the provisions of this Code;  (11) Exercise general supervision over the activities of the sangguniang kabataan;  (12) Ensure the delivery of basic services as mandated under Section 17 of this Code;  (13) Conduct an annual palarong barangay which shall feature traditional sports and disciplines included in national and international games, in coordination with the Department of Education, Culture and Sports;  (14) Promote the general welfare of the barangay; and  (15) Exercise such other powers and perform such other duties and functions as may be prescribed by law or ordinance.  (b) In the performance of his peace and order functions, the punong barangay shall be entitled to possess and carry the necessary firearm within his territorial jurisdiction, subject to appropriate rules and regulations.

The Role of Brgy Capt under RA 9262 : 

The Role of Brgy Capt under RA 9262 SECTION 14. Barangay Protection Orders (BPOs); Who May Issue and How. - Barangay Protection Orders (BPOs) refer to the protection order issued by the Punong Barangay ordering the perpetrator to desist from committing acts under Section 5 (a) and (b) of this Act. A Punong Barangay who receives applications for a BPO shall issue the protection order to the applicant on the date of filing after ex parte determination of the basis of the application. If the Punong Barangay is unavailable to act on the application for a BPO, the application shall be acted upon by any available Barangay Kagawad. If the BPO is issued by a Barangay Kagawad the order must be accompanied by an attestation by the Barangay Kagawad that the Punong Barangay was unavailable at the time for the issuance of the BPO. BPOs shall be effective for fifteen (15) days. Immediately after the issuance of an ex parte BPO, the Punong Barangay or Barangay Kagawad shall personally serve a copy of the same on the respondent, or direct any barangay official to effect is personal service.

Duties of Brgy Officials under RA 9262 : 

Duties of Brgy Officials under RA 9262 SECTION 30. Duties of Barangay Officials and Law Enforcers. – Barangay officials and law enforcers shall have the following duties: (a) respond immediately to a call for help or request for assistance or protection of the victim by entering the necessary whether or not a protection order has been issued and ensure the safety of the victim/s; (b) confiscate any deadly weapon in the possession of the perpetrator or within plain view; (c) transport or escort the victim/s to a safe place of their choice or to a clinic or hospital; (d) assist the victim in removing personal belongs from the house; (e) assist the barangay officials and other government officers and employees who respond to a call for help; (f) ensure the enforcement of the Protection Orders issued by the Punong Barangay or the courts; (g) arrest the suspected perpetrator wiithout a warrant when any of the acts of violence defined by this Act is occurring, or when he/she has personal knowledge that any act of abuse has just been committed, and there is imminent danger to the life or limb of the victim as defined in this Act; and (h) immediately report the call for assessment or assistance of the DSWD, social Welfare Department of LGUs or accredited non-government organizations (NGOs). Any barangay official or law enforcer who fails to report the incident shall be liable for a fine not exceeding Ten Thousand Pesos (P10,000.00) or whenever applicable criminal, civil or administrative liability.

Prohibited Acts of Brgy. Officials under RA 9262 : 

Prohibited Acts of Brgy. Officials under RA 9262 SECTION 33. Prohibited Acts. – A Punong Barangay, Barangay Kagawad or the court hearing an application for a protection order shall not order, direct, force or in any way unduly influence the applicant for a protection order to compromise or abandon any of the reliefs sought in the application for protection under this Act. Section 7 of the Family Courts Act of 1997 and Sections 410, 411, 412 and 413 of the Local Government Code of 1991 shall not apply in proceedings where relief is sought under this Act. Failure to comply with this Section shall render the official or judge administratively liable.

Sangguniang Barangay as an HRBA Mechanism for Access to Justice : 

Sangguniang Barangay as an HRBA Mechanism for Access to Justice CHAPTER 3. - LOCAL LEGISLATION SEC. 48. Local Legislative Power. - Local legislative power shall be exercised by the sangguniang panlalawigan for the province; the sangguniang panlungsod for the city; the sangguniang bayan for the municipality; and the sangguniang barangay for the barangay.

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CHAPTER 4 - THE SANGGUNIANG BARANGAY SEC. 390. Composition. - The sangguniang barangay, the legislative body of the barangay, shall be composed of the punong barangay as presiding officer, and the seven (7) regular sangguniang barangay members elected at large and sangguniang kabataan chairman, as members. SEC. 391. Powers, Duties, and Functions. - (a) The sangguniang barangay, as the legislative body of the barangay, shall:  (1) Enact ordinances as may be necessary to discharge the responsibilities conferred upon it by law or ordinance and to promote the general welfare of the inhabitants therein;  (2) Enact tax and revenue ordinances, subject to the limitations imposed in this Code;  (3) Enact annual and supplemental budgets in accordance with the provisions of this Code;  (4) Provide for the construction and maintenance of barangay facilities and other public works projects chargeable to the general fund of the barangay or such other funds actually available for the purpose;

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(5) Submit to the sangguniang panlungsod or sangguniang bayan such suggestions or recommendations as it may see fit for the improvement of the barangay or for the welfare of the inhabitants thereof;  (6) Assist in the establishment, organization, and promotion of cooperative enterprises that will improve the economic condition and well-being of the residents;  (7) Regulate the use of multi-purpose halls, multi- purpose pavements, grain or copra dryers, patios and other post-harvest facilities, barangay waterworks, barangay markets, parking areas or other similar facilities constructed with government funds within the jurisdiction of the barangay and charge reasonable fees for the use thereof;  (8) Solicit or accept monies, materials and voluntary labor for specific public works and cooperative enterprises of the barangay from residents, land owners, producers and merchants in the barangay; monies from grants-in-aid, subsidies, contributions, and revenues made available to the barangays from national, provincial, city or municipal funds; and monies from other private agencies and individuals: Provided, however, That monies or properties donated by private agencies and individuals for specific purposes shall accrue to the barangay as trust fund;

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(10) Provide compensation, reasonable allowances or per diems as well as travel expenses for sangguniang barangay members and other barangay officials, subject to the budgetary limitations prescribed under Title Five, Book II of this Code: Provided, however, That no increase in the compensation or honoraria of the sangguniang barangay members shall take effect until after the expiration of the full term of all members of the sangguniang barangay approving such increase; (9) Solicit or accept, in any or all the foregoing public works and cooperative enterprises, such cooperation as is made available by national, provincial, city, or municipal agencies established by law to render financial, technical, and advisory assistance to barangays and to barangay residents: Provided, however, That in soliciting or accepting such cooperation, the sangguniang barangay need not pledge any sum of money for expenditure in excess of amounts currently in the barangay treasury or encumbered for other purposes;

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(12) Authorize the punong barangay to enter into contracts in behalf of the barangay, subject to the provisions of this Code; (13) Authorize the barangay treasurer to make direct purchases in an amount not exceeding One thousand pesos (P1,000.00) at any one time for the ordinary and essential administrative needs of the barangay;  (14) Prescribe fines in amounts not exceeding One thousand pesos (P1,000.00) for violation of barangay ordinances; (11) Hold fund-raising activities for barangay projects without the need of securing permits from any national or local office or agency. The proceeds from such activities shall be tax-exempt and shall accrue to the general fund of the barangay: Provided, That in the appropriation thereof, the specific purpose for which such fund-raising activity has been held shall be first satisfied: Provided, further, That no fund-raising activities shall be held within a period of sixty (60) days immediately preceding and after a national or local election, recall, referendum, or plebiscite: Provided, finally, That said fund-raising activities shall comply with national policy standards and regulations on morals, health, and safety of the persons participating therein. The sangguniang barangay, through the punong barangay, shall render a public accounting of the funds raised at the completion of the project for which the fund-raising activity was under- taken;

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(18) Adopt measures to prevent and control the proliferation of squatters and mendicants in the barangay; (15) Provide for the administrative needs of the lupong tagapamayapa and the pangkat ng tagapagkasundo;  (16) Provide for the organization of community brigades, barangay tanod, or community service units as may be necessary;  (17) Organize regular lectures, programs, or fora on community problems such as sanitation, nutrition, literacy, and drug abuse, and convene assemblies to encourage citizen participation in government;

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(19) Provide for the proper development and welfare of children in the barangay by promoting and supporting activities for the protection and total development of children, particularly those below seven (7) years of age;  (20) Adopt measures towards the prevention and eradication of drug abuse, child abuse, and juvenile delinquency;  (21) Initiate the establishment of a barangay high school, whenever feasible, in accordance with law;  (22) Provide for the establishment of a non-formal education center in the barangay whenever feasible, in coordination with the Department of Education, Culture and Sports, ;  (23) Provide for the delivery of basic services; and  (24) Exercise such other powers and perform such other duties and functions as may be prescribed by law or ordinance.

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SEC. 392. Other Duties of Sangguniang Barangay Members. - In addition to their duties as members of the sangguniang barangay, sangguniang barangay members may:  (a) Assist the punong barangay in the discharge of his duties and functions;  (b) Act as peace officers in the maintenance of public order and safety; and  (c) Perform such other duties and functions as the punong barangay may delegate.

Brgy. Development Council as HRBA Mechanism to Access Justice : 

Brgy. Development Council as HRBA Mechanism to Access Justice TITLE SIX. - LOCAL DEVELOPMENT COUNCILS   SEC. 106. Local Development Councils. - (a) Each local government unit shall have a comprehensive multisectoral development plan to be initiated by its development council and approved by its sanggunian.  For this purpose, the development council at the provincial city, municipal, or barangay level, shall assist the corresponding sanggunian in setting the direction of economic and social development, and coordinating development efforts within its territorial jurisdiction.

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SEC. 107. Composition of Local Development Councils. - The composition of the local development council shall be as follows:       (a)  The barangay development council shall be headed by the punong barangay and shall be composed of the following members:       (1)  Members of the sangguniang barangay;     (2)  Representatives of non-governmental organizations operating in the barangay, who shall constitute not less than one fourth (1/4) of the members of the fully organized council;     (3) A representative of the congressman. (b) The barangay development council shall exercise the following functions:  (1) Mobilize people's participation in local development efforts;  (2) Prepare barangay development plans based on local requirements;  (3) Monitor and evaluate the implementation of national or local programs and projects; and  (4) Perform such other functions as may be provided by law or competent authority.

Barangay Assembly as HRBA Mechanism to Access Justice at the Barangay : 

Barangay Assembly as HRBA Mechanism to Access Justice at the Barangay SEC. 398. Powers of the Barangay Assembly. - The barangay assembly shall:  (a) Initiate legislative processes by recommending to the sangguniang barangay the adoption of measures for the welfare of the barangay and the city or municipality concerned;  (b) Decide on the adoption of initiative as a legal process whereby the registered voters of the barangay may directly propose, enact, or amend any ordinance; and  (c) Hear and pass upon the semestral report of the sangguniang barangay concerning its activities and finances.

Katarungang Pambarangay as HRBA Mechanism to Access Justice : 

Katarungang Pambarangay as HRBA Mechanism to Access Justice SEC. 402. Functions of the Lupon. - The lupon shall: Exercise administrative supervision over the conciliation panels provided herein;  (b) Meet regularly once a month to provide a forum for exchange of ideas among its members and the public on matters relevant to the amicable settlement of disputes, and to enable various conciliation panel members to share with one another their observations and experiences in effecting speedy resolution of disputes; and  (c) Exercise such other powers and perform such other duties and functions as may be prescribed by law or ordinance.

Role of Katarungang Pambarangay under RA 9344,Juvenile Justice and Welfare Act : 

Role of Katarungang Pambarangay under RA 9344,Juvenile Justice and Welfare Act SEC. 24. Stages Where Diversion May be Conducted. - Diversion may be conducted at the Katarungang Pambarangay, the police investigation or the inquest or preliminary investigation stage and at all 1evels and phases of the proceedings including judicial level.

Barangay Council for the Protection of Children as HRBA Mechanism to Access Justice : 

Barangay Council for the Protection of Children as HRBA Mechanism to Access Justice PD603 Art. 87. Council for the Protection of Children. - Every barangay council shall encourage the organization of a local Council for the Protection of Children and shall coordinate with the Council for the Welfare of Children and Youth in drawing and implementing plans for the promotion of child and youth welfare. Membership shall be taken from responsible members of the community including a representative of the youth, as well as representatives of government and private agencies concerned with the welfare of children and youth whose area of assignment includes the particular barangay and shall be on a purely voluntary basis.

Functions of BCPC : 

Functions of BCPC Said Council shall: (1) Foster the education of every child in the barangay; (2) Encourage the proper performance of the duties of parents, and provide learning opportunities on the adequate rearing of children and on positive parent-child relationship; (3) Protect and assist abandoned or maltreated children and dependents; (4) Take steps to prevent juvenile delinquency and assist parents of children with behavioral problems so that they can get expert advise; (5) Adopt measures for the health of children; (6) Promote the opening and maintenance of playgrounds and day-care centers and other services that are necessary for child and youth welfare; (7) Coordinate the activities of organizations devoted to the welfare of children and secure their cooperation; (8) Promote wholesome entertainment in the community, especially in movie houses; and (9) Assist parents, whenever necessary in securing expert guidance counseling from the proper governmental or private welfare agency. In addition, it shall hold classes and seminars on the proper rearing of the children. It shall distribute to parents available literature and other information on child guidance. The Council shall assist parents, with behavioral problems whenever necessary, in securing expert guidance counseling from the proper governmental or private welfare agency.

BCPC Role under RA9344, the Juvenile Justice and Welfare Act : 

BCPC Role under RA9344, the Juvenile Justice and Welfare Act CHAPTER 2DIVERSION SEC. 23. System of Diversion. - Children in conflict with the law shall undergo diversion programs without undergoing court proceedings subject to the conditions herein provided: (a) Where the imposable penalty for the crime committee is not more than six (6) years imprisonment, the law enforcement officer or Punong Barangay with the assistance of the local social welfare and development officer or other members of the LCPC shall conduct mediation, family conferencing and conciliation and, where appropriate, adopt indigenous modes of conflict resolution in accordance with the best interest of the child with a view to accomplishing the objectives of restorative justice and the formulation of a diversion program. The child and his/her family shall be present in these activities.

The Sangguniang Kabataan as HRBA Mechanism To Access Justice : 

The Sangguniang Kabataan as HRBA Mechanism To Access Justice SEC. 17. The Sangguniang Kabataan. - The Sangguniang Kabataan (SK) shall coordinate with the LCPC in the formulation and implementation of juvenile intervention and diversion programs in the community.

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