The Commission on Human Rights (CHR) strongly supports the passage of House Bill No. (HB) 08560 or the “Overseas Filipino Workers’ Left Behind-Children Protection Act,” which seeks to institutionalize mechanisms, under the Parens Patriae doctrine, for the protection of minor children whose parents are Overseas Filipino Workers (OFWs) employed abroad.
According to the proposed bill, it provides for a system of temporary guardianship through which absentee OFW parents can ensure their children’s safety by designating a trusted ‘temporary guardian,’ setting up regular communication with the children, and continuing to provide the necessary emotional and financial support. The engagement will be subject to monitoring by barangay officials and the Department of Social Welfare and Development (DSWD) to ensure the parties’ responsibilities are faithfully complied with, with appropriate sanctions in cases of dereliction.
Barangay officials are also mandated to conduct regular visitations to the residences of the minor children left behind to monitor their conditions, watch for any signs of dysfunction or threats affecting the children, and report such to the proper authorities for timely and appropriate interventions.
The Commission acknowledges that while overseas employment has brought better economic opportunities to many Filipino households, it has also led to significant changes in family dynamics. The absence of parents, especially for prolonged periods, can have serious consequences on the well-being and safety of children left behind, particularly in cases where they are entrusted to non-parental caregivers. These children may be at higher risk of neglect or abuse. Through HB 08560, we seek to mitigate these risks and promote the well-being of these vulnerable children by establishing protective mechanisms such as temporary guardianship, regular communication between parents and children, and stringent monitoring by local officials and the DSWD.
Article XV, Section 3(2) of the 1987 Constitution declares 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.” Furthermore, Article 44 (1) of the International Convention on the Protection of the Rights of All Migrant Workers and Members of Their Families asserts that “States Parties… shall take appropriate measures to ensure the protection of the unity of the families of migrant workers.”
In line with this, we recognize the efforts of Rep. Marissa “Del Mar” Magsino of the OFW Partylist for proposing this crucial legislation. As the country’s Gender and Children Ombud, the CHR underscores the importance of this bill as a necessary measure to uphold the rights of children, ensuring they are not only safe but also supported in their development despite the physical absence of their parents.
