Topic 2
Topic 2
Topic 2
Introduction
Children and youth with special needs have always been recognized as legitimate
beneficiaries of the Philippine government’s reforms in basic education. For almost a
century now, the Department of Education through its Special Education Division
has been providing broad framework and standards in establishing and maintaining
special education programs both in public and private schools all over the country.
Activity
All children with disabilities are to be educated to the maximum extent with
children who do not have disabilities.
-Federal I.D.E.A. Sec. 612.5 (A)
Analysis
Abstraction
a. Survival rights: include the child’s right to life and the needs that are most
basic to existence, such as nutrition, shelter, an adequate living standard, and
access to medical services.
b. Development rights: include the right to education, play, leisure, cultural
activities, access to information, and freedom of thought, conscience and
religion.
c. Protection rights: ensure children are safeguarded against all forms of abuse,
neglect and exploitation, including special care for refugee children;
safeguards for children in the criminal justice system; protection for children
in employment; protection and rehabilitation for children who have suffered
exploitation or abuse of any kind.
d. Participation rights: encompass children's freedom to express opinions, to
have a say in matters affecting their own lives, to join associations and to
assemble peacefully. As their capacities develop, children should have
increasing opportunity to participate in the activities of society, in preparation
for adulthood.
The UN Convention includes four articles that are given special emphasis. These
are also known as ‘general principles’. These rights are the bedrock for securing the
additional rights in the UN Convention.
● that all the rights guaranteed by the UNCRC must be available to all children
without discrimination of any kind (Article 2);
● that the best interests of the child must be a primary consideration in all
actions concerning children (Article 3);
● that every child has the right to life, survival and development (Article 6); and
● that the child’s view must be considered and taken into account in all matters
affecting him or her (Article 12).
Section 3 also states that Basic education is intended to meet basic learning
needs which provide the foundation on which subsequent learning can be based. It
encompasses kindergarten, elementary and secondary education as well as
alternative learning systems for out-of-school learners and those with special needs.
It shall be the policy of the State to protect and rehabilitate children gravely
threatened or endangered by circumstances which affect or will affect their survival
and normal development and over which they have no control.
8. RA No. 9344, The Juvenile Justice and Welfare Act of 2006. As stated in
Section 2 of Chapter 1, the State recognizes the vital role of children and youth in
nation building and shall promote and protect their physical, moral, spiritual,
intellectual and social well-being. It shall inculcate in the youth patriotism and
nationalism, and encourage their involvement in public and civic affairs. It shall
protect the best interests of the child through measures that will ensure the
observance of international standards of child protection, especially those to which
the Philippines is a party. Proceedings before any authority shall be conducted in the
best interest of the child and in a manner which allows the child to participate and to
express himself/herself freely. The participation of children in the program and
policy formulation and implementation related to juvenile justice and welfare shall
be ensured by the concerned government agency. Likewise, it recognizes the right
of children to assistance, including proper care and nutrition, and special protection
9. RA No. 9442 amending RA No. 7277- The Magna Carta for Disabled
Persons. It is the objective of Republic Act No. 9442 to provide persons with
disability the opportunity to participate fully into the mainstream of society by
granting them at least a twenty percent (20%) discount in all basic services. It is a
declared policy of RA 7277 that persons with disability are part of Philippine society,
and thus the State shall give full support to the improvement of their total
well-being and their integration into the mainstream of society. They have the same
rights as other people to take their proper place in society. They should be able to
live freely and as independently as possible. This must be the concern of everyone
the family, community and all government and non-government organizations.
Rights of persons with disability must never be perceived as welfare services.
Prohibitions on verbal, non-verbal ridicule and vilification against persons with
disability shall always be observed at all times.
10. RA No. 10665, An Act Establishing the Open High School System in
the Philippines. It is the policy of the State to broaden access to relevant quality
education through the employment of an alternative secondary education program
that will enable the youth to overcome personal, geographical, socioeconomic and
physical constraints, to encourage them to complete secondary education. This is in
line with the constitutional policy that mandates the State to “encourage
non-formal, informal, and indigenous learning systems, as well as self-learning,
independent, and out-of-school study programs particularly those that respond to
11. RA No. 10361, The Domestic Workers Act or Batas Kasambahay. The
State strongly affirms labor as a primary social force and is committed to respect,
promote, protect and realize the fundamental principles and rights at work
including, but not limited to, abolition of child labor, elimination of all forms of
forced labor, discrimination in employment and occupation, and trafficking in
persons, especially women and children. It adheres to internationally accepted
working conditions for workers in general, and establishes labor standards for
domestic workers in particular, towards decent employment and income, enhanced
coverage of social protection, respect for human rights and strengthened social
dialogue. It recognizes the need to protect the rights of domestic workers against
abuse, harassment, violence, economic exploitation and performance of work that is
hazardous to their physical and mental health. In protecting domestic workers and
recognizing their special needs to ensure safe and healthful working conditions, the
State shall promote gender-sensitive measures in the formulation and
implementation of policies and programs affecting the local domestic work.
C. The Legal Bases of Special Education
Special education in the Philippines is anchored on fundamental legal
documents that present events on the growth and development of the program.
The first legal basis of the care and protection of children with disabilities was
enacted in 1935. Articles 356 and 259 of Commonwealth Act No. 3203 asserted
‘The right of every child to live in atmosphere conducive to his physical, moral and
intellectual development and the concomitant duty of the government “to promote
the full growth of the faculties of every child.’
Republic act No. 3562, an act to promote the education of the blind in the
Philippines on June 21, 1963 provided for formal training of special education
teachers of blind children at the Philippine Normal College, the rehabilitation of the
Philippine National School for the Blind (PNSB) and the establishment of the
Philippine Printing House for The Blind.
Republic Act No. 5250, An act Establishing a Ten-Year Teacher Training
Program for Teachers of Special and Exceptional Children was signed into law in
1968. The law provided for the formal training of teachers for deaf, hard of hearing,
speech –handicapped, socially and emotionally disturbed, mentally gifted children
and youth at the Philippine Normal College and the University of the Philippines.
The 1973 Constitution of the Philippines, the fundamental law of the land,
explicitly stated in Section 8, Article XV the provision of a complete, adequate and
integrated system of education relevant to the goals of national development. The
constitutional provision for the universality of educational opportunities and
The Education Act of 1982 or Batas Pambansa Bilang 232 states that the
State shall promote the right of every individual to relevant quality education
regardless of sex, age, breed, socioeconomic status, physical and mental condition,
social and ethnic origin, political and other affiliations. The State shall therefore
promote and maintain equality of access as well as enjoyment of the benefits of
education by all its citizens. Section 24 Special Education Service of the same law
affirms that the State shall further recognize its responsibility to provide within the
context of the formal education system services to meet special needs of certain
clientele. These specific types shall be guided by the basic policies of state embodies
on general provisions of this act which include special education, the education of
persons who are physically, mentally, emotionally, socially, culturally different form
the so called ‘normal’ individuals that they require modification of school
practices/services to develop their maximum capacity.
In 1983, Batas Pambansa Bilang 344 was enacted. The accessibility Law, “An
Act to Enhance the Mobility of Disabled Persons’ requires cars, buildings,
institutions, establishments and public utilities to install facilities and other devices
for persons with disabilities.
In 1992, RA No. 7610 was enacted. The law is An Act Providing for Strong
Deterrence and Special Protection Against Child Abuse, Exploitation and
Discrimination, Providing Penalties for its Violation and other purposes.
In the year 2000, Presidential Proclamation No. 361 set new dates for the
National Disability Prevention and Rehabilitation Week Celebration on the third
week of July every year which shall culminate on the birth date of the Sublime
Paralytic Apolinario Mabini.
Application
Research for famous people with disability, at least one international and one
local. Cite legislations which helped them succeed in life. Discuss briefly how
such legislations helped them.
Evaluation
References
[1]https://hbr.org/2021/03/implementing-inclusive-policies-across-a-global-organization
[2]https://theconversation.com/indonesias-information-law-has-threatened-free-speech-for-more-than-a-decade-this-must-stop-12744
6
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https://www.officialgazette.gov.ph/2015/07/09/republic-act-no-10665/