Legal Basis
In the Philippines, child labor refers to the illegal employment of the children
below 5 years old or those below 18 years old in hazardous occupation.
The Child Labor Program is part of the government's effort to give effect to
several legal mandates on the protection of children.
The 1987 Philippine Constitution provides that "The State shall defend... the
right of children to assistance including proper care and nutrition, and special protection
from all forms of neglect, abuse, cruelty, exploitation and other conditions prejudicial to
their development". This finds statutory translation in P.D. 603 or the Philippine Child and
Youth Welfare Code of 11 December 1974. P.D. 603 defines the rights of children as right
to protection against exploitation, improper influence, hazards, and other conditions or
circumstances prejudicial to his / her physical, mental, emotional and moral development.
It likewise assures that children are entitled to at least an elementary education.
Article 32 of the UN Convention on the Rights of the Child (ratified by the Philippines
on 26 July 1990) provides that "States parties recognize the right of the child to be
protected from economic exploitation and from performing any work that is likely to
be hazardous or to interface with the child's education, or to be harmful to the child's
health or physical, mental, spiritual, moral or social development."
States parties shall also take legislative, administrative, social and educational
measures to ensure the implementation of the abovementioned article. In particular,
states parties shall provide for minimum age, appropriate regulation of the hours
and coditions of employment; and provide for appropriate penalties or other sanctions
to ensure the effective enforcement of the article.
Republic Act 7610 declares as a state policy the provision of special protectio to
children from all forms of abuse, neglect, cruelty, exploitation and discrimination and other
conditions prejudicial to their development. It provides sanctions against such acts and
allows the state to intervene in behalf of the child when the parent or guardian fails to
protect the child.
R.A. 7658, which amended R.A. 7610 as regards the child labor provision prohibits
the hiring of children below 15 years old, except those which are non-hazardous and limited
strictly to activities that are directly under the sole responsibility of their parents or legal
guardian and where only family members are employed; and to cinema, theather, radio and
television where their participation is essential. This law requires the active involvement
of the DOLE as a regulating body to control the grant of work permits.
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