CHAPTER I
THE PROBLEM
This chapter involves on how the researchers arise with the study from the statistics
provided, to the problem needs to be stated and to the significance of the present study.
Background of the Study
Biologically, a child being between the stages of birth and puberty. And also, the
legal definition of child generally refers to a minor, otherwise known as a person younger
than the age of majority (TheFreeDictionary.com, 2013). Legally, the term "child" may
refer to anyone below the age of majority or some other age limit. And in international spot
like UNICEF believes on the Convention defines a 'child' as a person below the age of 18,
unless the laws of a particular country set the legal age for adulthood younger. The
Committee on the Rights of the Child, the monitoring body for the Convention on the
Rights of the Child, has encouraged States to review the age of majority if it is set below
18 and to increase the level of protection for all children under 18.
In some countries, children are legally obliged to go to school until they are 14 or
15 years old, but also work before that age. A child’s right to education is threatened by
early marriage, child labor, and imprisonment. (Melchiorre, 2004) While it is a fact,
children must have not only the proper care and protection but also the needs for survival,
development, and participation from parents or even the foster one and other caregivers
and stewards of their rights accordingly verified by Convention on the Rights of the Child
wherein the Philippines is one who ratified the international legal basis. Also, Wikipedia
enlisted one of many social issues that affect children, such as childhood education,
2
bullying, child poverty, dysfunctional families, child labor, hunger, and child
homelessness.
The researchers center their study on one of the social issues that affecting the
children, the child labor. Child labor were evident in the Philippines that was the motive
of the legislators to established the Republic Act 7610 known as “Special protection of
children against child abuse, exploitation and discrimination act” and Republic Act 9231
known as “An act providing for the elimination of the worst forms of child labor and
affording stronger protection for the working child” that enables to eliminate or reduce the
number of children in the workplace.
In section 12 of Republic Act 7610 defines the child labor as it refers to the illegal
employment of children below the age of fifteen (15), where they are not directly under the
sole responsibility of their parents or legal guardian, or the latter employs other workers
apart from their children, who are not members of their families, or their work endangers
their life, safety, health and morals or impairs their normal development including
schooling. This also extends to the situation of children below the age of eighteen (18) who
are employed in hazardous occupations. (Official Gazette of the Republic of the
Philippines, 2015)
But in other studies prove that child labor, like in the United States, is categorized
under child abuse, an act that affects the children in a physical, emotional, and mental way.
“While no clear… in general the term child labor refers to work that impedes children’s
access to education and is harmful to their physical, mental, moral, developmental, and
social well-being” (Schmitz, Traver, Larson, and Pieris, 2004). Child labor is one of the
3
many different types of child abuse. It is the act that force the children to work and lose the
opportunities to realize activities according to their age such as study, play, and develop a
normal healthy body and a healthy childhood. It is also a social problem which is seems to
exist since history. In the early industrialization years on the United States the child labor
increase and become a more common issue, and by the early decades of the twentieth
century it decreases.
The child labor was defined in different terms consequently for their studies. The
aforementioned issue drove the lawmaker in the country to create laws like R.A. 7610 and
R.A. 9231. These laws implied that child labor is an issue in the country. But this issue is
not only in the Philippines, the world and other countries was not only conquering for the
world peace but also on the child labor. Studies counts through statistics of how many
children were in different industries working for themselves and for other people.
Today Latin America not only has the countries with large number of children
involve in the labor market, including Argentina, Chile, and Uruguay, but also has
countries with some of the highest incidence: Bolivia, 25%, Peru, 28%, and Ecuador, 34%
(Orazem, Sedlacek, Tzannatos, 2009). The statistics provide the verifications of the
existence of child labor in number. Latin America contributes an accounts in run to massive
child labor population.
According to ILO estimates in 2000, there are over 245 million child laborers in
the world, who are below the age of 18. Approximately 179 million of these girls and boys
are involved in the worst forms of child labor. Sub-Sahara Africa, Asia and the Pacific
together account for more than 83 percent of total child employment for the 5 to 14 age
range (International Labor Organization, 2002)
4
Recent global estimates based on data of UNICEF, the ILO and the World Bank
indicate that 168 million children aged 5 to 17 are engaged in child labor. Millions of them
suffer in the other worst forms of child labor, including slavery and slavery-like practices
such as forced and bonded labor and child soldiering, sexual exploitation, or are used by
adults in illicit activities, including drug trafficking. Despite a steady decline in child labor,
progress is far too slow. At current rates, more than 100 million children will still be trapped
in child labor by 2020.
The International Labor Organization states in its latest World Report on Child
Labor (2013) that there are around 265 million working children in the world—almost 17
per cent of the worldwide child population. In the data given, Sub-Saharan Africa is the
region where child labor is most prevalent. While absolute numbers are still high,
particularly in those countries with the lowest standards of living, from a historical
viewpoint there are concrete examples of countries that managed to virtually eliminate
widespread child labor in the course of a century.
Violations of children’s rights remain tragically common across the world. In
general, work among children tends to be more common in the poorest countries. Seven in
ten children in child labor are working in agriculture. This work in child labor are working
in agriculture. This work relates mainly to subsistence and commercial farming and herding
livestock, and its often hazardous. Contrary to popular perception, most working children
in the world (more than two-thirds) are unpaid family workers, rather than paid workers in
manufacturing establishments or other forms of wage employment. Working hours of
children vary widely between countries. For working children, this can range from 2-3
hours to more than 30 hours per week, as in Bangladesh. (Ortiz-Ospina and Roser, 2018)
5
In the Philippines, there are around 2.7 million kids working for their families based
on the latest estimates of the Philippines Statistics Authority. The agriculture sector still
accounts for the largest share or child workers at 71%. Meanwhile, more than 60% of them
are workers for family enterprises. (Pasion, 2017)
Citing government data, the International Labor Organization on June 10 said there
are 2.1 million child laborers aged 15-17 years old in the Philippines. Ninety-six percent
of the child laborers are involved in hazardous work. A United States Department of Labor
(US DOL) report listed 13 Philippine goods and products believed to be made with child
labor: bananas, coconuts, corn, fashion accessories, fish, gold, hogs, pornography,
pyrotechnics, rice, rubber, sugarcane, and tobacco. A local study of 6 rural communities
across the Philippines also shows that one in 5 Filipino households tolerates child labor in
plantations and mines. About 73% of those surveyed who tolerate child labor said they are
aware of the children’s rights but let their children work to raise the household income.
(Bernal, 2015)
Based on the final results of the 2011 SOC (Survey On Children), the estimated
number of children aged 5 to 17 years who worked for at least one hour during the past
week in October 2011 was 3.3 million. They accounted for 12.4 percent of the estimated
26.6 million children 5 to 17 years old in the country. Of the 17 administrative region,
fourteen had at least one working children in every ten children. Northern Mindanao had
the highest proportion at 22.1 percent while the National Capital Region had the lowest at
5.4 percent. The working boys (62.9 %) outnumbered the working girls (37.1%). As to age
group, 53.2 percent of the working children were 15 to 17 years old, 38.0 percent were 10
to 14 years old and 8.8 percent were 5 to 9 years of age.
6
The number of working children considered as engaged in child labor as defined
by Republic Act 9231 was estimated at 2.1 million or 63.3 percent of the 3.3 million
children 5 to 17 years old who worked during the week prior to the survey. More than half
of these children in child labor (58.3%) belonged to age group 15 to 17 years who were
part of the labor force population. Also, more than half of the working children engaged in
child labor (58.4%) were in the agriculture sector.
Those in hazardous child labor was estimated at 2.0 million or 61.9 percent of the
total working children. Whereas, those in other child labor (49 thousand), that is, those
children in the age group 5 to 14 years who worked in excess of the allowable work hours
comprised 1.5 percent of the working children 5 to 17 years old. Across regions, Central
Luzon (10.5%) and Bicol Region (10.4%) had the largest share of the country’s child labor
population. As to school attendance, approximately 2.1 million working children 5 to 17
years old had attended school during the current school year (SY 2011-2012). They
comprised 64.6 percent the total working children aged 5 to 17 years old. (Philippine
Statistics Authority, 2015)
However, in the demographic variable, the researchers confine the study in the
Municipality of Bulan. The San Juan Daan is said to be the community that cater the highest
number of child labor. As the concerned student researchers in Bulan, we initiate the study
to determine the level of awareness and how they perceive concerning the certain sections
of Republic Act 9231 as a law against the anti-child labor.
Regarding this issue, the Philippine government established an act that will also
protect and prevent any exploitation or anomalies with respect to child labor. Republic Act
no. 9231 is an act providing for the elimination of the worst forms of child labor and
7
affording stronger protection for the working child. It is amended from the Republic Act
no. 7610, otherwise known as the “Special Protection of Children Against Child Abuse,
Exploitation and Discrimination Act”.
The Republic Act 9231 is composed of thirteen sections but this study will only
employ the Section 2, Section 3, and Section 4 which is actually the sections discussing
about child laborers in its working hours, income, and education. Despite this act provided
by the government to cope the rapid increase in number of child labor around the country,
large number of child laborer exist until now. Probably, most of the residents in different
places around the country are not totally aware of the said law.
8
Statement of the Problem
The researchers intend to evaluate the enforcement of Section 2, Section 3, and
Section 4 in existing child labor in the Philippines specifically in the community of San
Juan Daan in Bulan. The study mixes the quantitative and qualitative tactics with regards
to the Republic Act 9231 that corresponds to “An act providing for the elimination of the
worst forms of child labor and affording stronger protection for the working child…”
Additionally, the law amended the Republic Act 7610 also known as "Special protection
of children against child abuse, exploitation and discrimination act”. The study’s objectives
encompass the child labor and the sector that surrounds it that plays a role significantly on
the development of child workers. The study aims to have the representation of the
respondents as a whole in providing their perceptions and the awareness that they naturally
gain. The intervention of the study would be a contribution in raising awareness and
broaden the perceptions of the respondents regarding the law on child labor. Specifically,
the research study focuses on the following questions:
1. The researchers asked in the quantitative means as of the following:
1.1.What is the level of awareness towards R.A. 9231 of the following
respondents:
a) Child laborers
b) Parents of child laborers
c) Employers
d) Barangay officials
1.2. Is there a significant difference between the level of awareness of the
respondents and/or variables regarding R.A. 9231?
9
2. In the qualitative state of the study, the researchers want to ask the following:
2.1.Why do children engage in child labor in terms of the perception of the child
laborers and the parents?
2.2. What is the perception of the child laborers in terms of safety in their
workplace?
2.3. What is the perception of the parents regarding the importance of the study
over work?
2.4. What are the considerations of the employer for their workers in terms of:
a) Age of the worker
b) Intensity of the Job
3. What are the actions and programs that the barangay officials did or they can do
concerning the child labor particularly to the level of awareness and perceptions of
their citizens and/or the respondents of the study?
10
Hypothesis
H0- There is no significant difference on the level of awareness with regards the main
focus of the study in terms of the respondents, as follows:
a) Child laborers
b) Parents of the child laborers
c) Barangay officials
d) Employers
Scope and Delimitation
The study concentrates in the Section 2, Section 3, and Section 4 of the Republic
Act 9231 (amendment of R.A. 7610) that regards on “An act on providing for the
elimination of the worst forms of child labor and affording stronger protection for the
working child”. The study includes the level of awareness as well as the perception of the
respondents towards the law wherein the study encompasses. The researchers involve the
residents of Barangay San Juan Daan which said to be the highest number of child laborers
from ages 15 below in a study among the communities of Bulan in Sorsogon. The variables
of the study compose of child laborers, parents of child laborer, barangay officials, and
employers.
The research study excludes the other sections of the amending law. The study
delimits on the awareness and perceptions of the remaining barangay in Bulan, Sorsogon.
The study also disregards and do not choose the business to be interviewed or even
surveyed. The study flows on a representative of the research as a whole. The study
discounts the external factors that do not involve in the business of child labor.
11
Significance of the Study
Research must have its significance in various sectors of the society. As for further
reasons, the research study sought to provide importance to the following:
Child Laborers. The study benefits by providing them the proper guidance in the
intervention to be made from law about child labor. They will also have the chance to be
recognize in their community that their situation is not appropriate at a young age, also,
they will have a chance of be lift by the government about involving in case of child labor
for them to give a better education and lifestyle towards their future.
Parents of the Child Laborer. The study is significant to the parents since the
study focuses about child labor, they would be able to know the perception and awareness
of their children who were involve in the case of child labor and also for them to be aware.
As the study further concerned, the parents can make a way of what actions must they do
to make their child aware of what situation they are involving, also they will be able to
change the lifestyle of their children since they were required to provide their children a
proper schooling.
Barangay Officials. The study includes them for significance by helping them to
cope any exploitation and/or child labor within their barangay. They will be also aware that
there are cases of child labor in their community as the reason for them to have make
actions towards this issue.
Municipality of Bulan. The study is significant to the Municipality of Bulan since
they will be aware about the awareness and perception of the residents of Barangay. San
Juan Daan which said to has the highest number of Child Labor victims. This can pursue
12
them to establish an actions that is beneficial not only for said barangay but also to whole
Municipality of Bulan.
Employer. The study has significance on them since some of the child laborers are
employed in their business/industry, they will be able to know what way should they do
when there are children ages 15 below as stated by section 2, section 3, and section 4 of
the Republic Act 9231 of the Philippines.
Future Researchers. The research study is significant to the future researchers in
such reason when variables are similar for their research study. The study helps them as
basis to arise with their research and give basic and prior knowledge and information for
their study.
Definition of Terms
The following terms were defined in conceptual and operational manner
accordingly on the research study for further understanding:
Republic Act No. 9231. An act providing for the elimination of the worst forms
of child labor and affording stronger protection for the working child, amending for this
purpose was Republic Act No. 7610, as amended, otherwise known as the “Special
Protection of Child Against Child Abuse, Exploitation and Discrimination Act”.
Section 2 of R.A. 9231. The Section that state the Section 12. Employment of
children of R.A. 7610 as amended which said that children below fifteen (15) years of age
shall not employed except when the child works directly under the sole responsibility if
his/her parents or legal guardian. And when child employment or participation in public
entertainment or information through cinemas, theater, radio, television or other forms of
13
media is essential provided that the employment contract is concluded by child’s parents
or legal guardian, with the express argument of the child concerned if possible.
Section 3 of R.A. 9231. The Section of R.A 9231 as amended on R.A 7610
including new sections to be denominated as Section 12-A which stated the hours of work
of a working child, Section 12-B that stated the ownership, usage, and administration of
working child’s income, Section 12-C which stated the trust fund to preserve part of the
working child’s income, and section 12-D which stated the prohibition against worst forms
of child labor.
Section 4 of R.A. 9231. The section of R.A. 9231 which states Section 13 of R.A.
7610 as amended that focuses on the access to education and training for working children.
Level of awareness towards Section 2, Section 3, and Section 4 of R.A. 9231. In
the study, it shows how aware the respondents on Section 2 and 3 of R.A. 9231 by
employing Likert Scale to find their level of awareness.
Perception towards Section 2, Section 3, and Section 4 of R.A. 9231. In the
study, it gives the knowledge or any idea of the respondents about the existing of R.A.
9231 specifically on its Section 2, Section 3, and Section 4.