This document outlines policies and legislation in the Philippines related to child rights and protection. It establishes that:
1) The best interests of children shall be the paramount consideration in all decisions concerning them. It provides special protection for children against all forms of abuse, neglect, cruelty, exploitation and discrimination.
2) It declares protecting and rehabilitating children gravely threatened or endangered by circumstances beyond their control is state policy.
3) It provides stronger deterrence against child abuse and exploitation through stiffer penalties for violations and means to prosecute offenders.
Descripción original:
Slide show presentation of the Anti-Child Abuse Law
This document outlines policies and legislation in the Philippines related to child rights and protection. It establishes that:
1) The best interests of children shall be the paramount consideration in all decisions concerning them. It provides special protection for children against all forms of abuse, neglect, cruelty, exploitation and discrimination.
2) It declares protecting and rehabilitating children gravely threatened or endangered by circumstances beyond their control is state policy.
3) It provides stronger deterrence against child abuse and exploitation through stiffer penalties for violations and means to prosecute offenders.
This document outlines policies and legislation in the Philippines related to child rights and protection. It establishes that:
1) The best interests of children shall be the paramount consideration in all decisions concerning them. It provides special protection for children against all forms of abuse, neglect, cruelty, exploitation and discrimination.
2) It declares protecting and rehabilitating children gravely threatened or endangered by circumstances beyond their control is state policy.
3) It provides stronger deterrence against child abuse and exploitation through stiffer penalties for violations and means to prosecute offenders.
SPECIAL PROTECTION AGAINST CHILD ABUSE, EXPLOITATION AND DISCRIMINATION, PROVIDING PENALTIES FOR ITS VIOLATION, AND FOR OTHER PURPOSES Section 2, R.A. 7610 It is hereby declared to be the policy of the State to provide special protection to children from all forms of abuse, neglect, cruelty exploitation and discrimination and other conditions, prejudicial to their development; provide sanctions for their commission and carry out a program for prevention and deterrence of and crisis intervention in situations of child abuse, exploitation and discrimination. The State shall intervene on behalf of the child when the parent, guardian, teacher or person having care or custody of the child fails or is unable to protect the child against abuse, exploitation and discrimination or when such acts against the child are committed by the said parent, guardian, teacher or person having care and custody of the same. 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. The best interests of children shall be the paramount consideration in all actions concerning them, whether undertaken by public or private social welfare institutions, courts of law, administrative authorities, and legislative bodies, consistent with the principle of First Call for Children as enunciated in the United Nations Convention of the Rights of the Child. Every effort shall be exerted to promote the welfare of children and enhance their opportunities for a useful and happy life. Republic Act No. 7610 is a measure geared towards the implementation of a national comprehensive program for the survival of the most vulnerable members of the population, the Filipino children, in keeping with the Constitutional mandate under Article XV, Section 3, paragraph 2, that The State shall defend the right of the 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 piece of legislation supplies the inadequacies of existing laws treating crimes committed against children, namely, the Revised Penal Code and Presidential Decree No. 603 or the Child and Youth Welfare Code. As a statute that provides for a mechanism for strong deterrence against the commission of child abuse and exploitation, the law has stiffer penalties for their commission, and a means by which child traffickers could easily be prosecuted and penalized (Araneta versus Pp. as quoted in Sanchez versus PP) FOUR PRINCIPLES OF CHILD RIGHTS: •NON-DISCRIMINATION •BEST INTERESTS OF THE CHILD •RIGHT TO SURVIVAL AND DEVELOPMENT •RIGHT TO EXPRESS VIEWS -ratified by the Philippines on July 1990 Article II, Section 2. The Philippines renounces war as an instrument of national policy, adopts the generally accepted principles of international law as part of the law of the land and adheres to the policy of peace, equality, justice, freedom, cooperation, and amity with all nations Article II, Section 5. The maintenance of peace and order, the Article II, Section protection of life, liberty, 11. The State values and property, and the dignity of every promotion of the general human person and welfare are essential for guarantees full the enjoyment by all the respect for human people of the blessings of rights. democracy. Article II, Section 12. The State recognizes the sanctity of family life and shall protect and strengthen the family as a basic autonomous social institution. It shall equally protect the life of the mother and the life of the unborn from conception. The natural and primary right and duty of parents in the rearing of the youth for civic efficiency and the development of moral character shall receive the support of the Government. Declaration of Policy. - The Child is one of the most important assets of the nation. Every effort should be exerted to promote his welfare and enhance his opportunities for a useful and happy life. The child is not a mere creature of the State. Hence, his individual traits and aptitudes should be cultivated to the utmost insofar as they do not conflict with the general welfare. The molding of the character of the child start at the home. Consequently, every member of the family should strive to make the home a wholesome and harmonious place as its atmosphere and conditions will greatly influence the child's development. Attachment to the home and strong family ties should be encouraged but not to the extent of making the home isolated and exclusive and unconcerned with the interests of the community and the country. The natural right and duty of parents in the rearing of the child for civic efficiency should receive the aid and support of the government. Other institutions, like the school, the church, the guild, and the community in general, should assist the home and the State in the endeavor to prepare the child for the responsibilities of adulthood Obectives.- These Rules and Regulations seek to encourage the reporting of cases of physical or psychological injury, sexual abuse or exploitation, or negligent treatment of children and to ensure early and effective investigation of cases of child abuse towards the prosecution of the offender consistent with the need to promote the best interests of the child victim.
Prescribes mandatory duty to report
and fines for failure to do so Speedy trial of child abuse case DepEd shall ensure that schools are a safe place for the education of children. The best interest of the child shall be the paramount consideration in all decisions and actions involving children. • DepEd’s zero tolerance policy for any act of child abuse, exploitation, violence, discrimination, bullying and other forms of abuse. AN ACT PROVIDING FOR THE ELIMINATION OF THE WORST FORMS OF CHILD LABOR AND AFFORDING STRONGER PROTECTION FOR THE WORKING CHILD AN ACT TO INSTITUTE POLICIES TO ELIMINATE TRAFFICKING IN PERSONS ESPECIALLY WOMEN AND CHILDREN, ESTABLISHING THE NECESSARY INSTITUTIONAL MECHANISMS FOR THE PROTECTION AND SUPPORT OF TRAFFICKED PERSONS, PROVIDING PENALITES FOR ITS VIOLATIONS, AND FOR OTHER PURPOSES The recruitment, transportation, transfer, harboring or receipt of a child for purposes of exploitation shall be considered as “trafficking in persons” •person below eighteen (18) years of age
•or those over 18 but are
unable to fully take care of themselves or protect themselves from abuse, neglect, cruelty, exploitation or discrimination because of a physical or mental disability or condition Article 3, Title I of the Child and Youth Welfare Code PD 603 All children shall be entitled to the rights herein set forth without distinction as to legitimacy or illegitimacy, sex, social status, religion, political antecedents, and other factors.
(1) Every child is endowed with the
dignity and worth of a human being from the moment of his conception, as generally accepted in medical parlance, and has, therefore, the right to be born well. (2) Every child has the right to a wholesome family life that will provide him with love, care and understanding, guidance and counseling, and moral and material security. The dependent or abandoned child shall be provided with the nearest substitute for a home. (3)Every child has the right to a well-rounded development of his personality to the end that he may become a happy, useful and active member of society. The gifted child shall be given opportunity and encouragement to develop his special talents. The emotionally disturbed or socially maladjusted child shall be treated with sympathy and understanding, and shall be entitled to treatment and competent care. The physically or mentally handicapped child shall be given the treatment, education and care required by his particular condition. (4) Every child has the right to a balanced diet, adequate clothing, sufficient shelter, proper medical attention, and all the basic physical requirements of a healthy and vigorous life.
(5) Every child has the right to be
brought up in an atmosphere of morality and rectitude for the enrichment and the strengthening of his character. (6) Every child has the right to an education commensurate with his abilities and to the development of his skills for the improvement of his capacity for service to himself and to his fellowmen.
(7) Every child has the right to
full opportunities for safe and wholesome recreation and activities, individual as well as social, for the wholesome use of his leisure hours. (8) Every child has the right to protection against (9) Every child has the right to exploitation, live in a community and a improper society that can offer him an influences, environment free from hazards, and other pernicious influences and conditions or conducive to the promotion circumstances of his health and the prejudicial to his cultivation of his desirable physical, mental, traits and attributes. emotional, social and moral development. (10) Every child has the right to the care, assistance, and protection of the State, particularly when his parents or guardians fail or are unable to provide him with his fundamental needs for growth, development, and improvement.
(11) Every child has the right to an efficient and
honest government that will deepen his faith in democracy and inspire him with the morality of the constituted authorities both in their public and private lives. (12) Every child has the right to grow up as a free individual, in an atmosphere of peace, understanding, tolerance, and universal brotherhood, and with the determination to contribute his share in the building of a better world. •Article II, Section 12 of the 1987 Philippine Consitution. The State recognizes the sanctity of family life and shall protect and strengthen the family as a basic autonomous social institution. It shall equally protect the life of the mother and the life of the unborn from conception. •Article 3(1), Title I of PD 603: Every child is endowed with the dignity and worth of a human being from the moment of his conception, as generally accepted in medical parlance, and has, therefore, the right to be born well. "Child abuse" refers to the maltreatment, whether habitual or not, of the child which includes any of the following: (1) Psychological and physical abuse, neglect, cruelty, sexual abuse and emotional maltreatment; (2) Any act by deeds or words which debases, degrades or demeans the intrinsic worth and dignity of a child as a human being; (3) Unreasonable deprivation of his basic needs for survival, such as food and shelter; or (4) Failure to immediately give medical treatment to an injured child resulting in serious impairment of his growth and development or in his permanent incapacity or death. DEFINITION UNDER THE RULES AND REGULATIONS ON THE REPORTING AND INVESTIGATION OF CHILD ABUSE CASES
Child abuse refers to the
infliction of physical or psychological injury, cruelty to or neglect, sexual abuse, or exploitation of a child CRUELTY- any act by word or deed which debases, degrades or demeans the intrinsic worth and dignity of a child as a human being ***Discipline administered by a parent or legal guardian to a child does NOT constitute cruelty provided it is reasonable in manner and moderate in degree and does not consitute physical or psychological injury as defined by the rules.
PHYSICAL INJURY- includes but is not
limited to lacerations, fractured bones, burns, internal injuries, severe injury, or serious bodily harm suffered by a child PSYCHOLOGICAL INJURY –means harm to a child’s psychological or intellectual functioning which may be exhibited by severe anxiety, depression, withdrawal, or outward agrressive behavior, or a combination of said behaviors, which may be demonstrated by a change in behavior, emotional response, or cognition NEGLECT –means failure to provide, for reasons other than poverty, adequate food, clothing, shelter, basic education, or medical care so as to seriously endanger the physical, mental, social, and emotional growth and development of the child SEXUAL ABUSE- includes the employment, use, persuasion, inducement, enticement, or coercion of a child to engage in, or assist another person to engage in sexual intercourse or lascivious conduct or the molestation, prostitution, or incest with children LASCIVIOUS CONDUCT means the intentional touching, either directly or through clothing, of the genitalia, anus, groin, breast, inner thigh, or buttocks, or the introduction of any object into the genitalia, anus, or mouth, of any person, whether of the same or opposite sex, with intent to abuse, humiliate, harass, degrade, or arouse or gratify the sexual desire of any person, bestiality, masturbation, lascivious exhibition of the genitals or private are of a person. EXPLOITATION- means hiring, employment, persuasion, inducement, or coercion of a child to perform in obscene exhibitions and indecent shows , whether live or in video or film, or to pose or act as a model in obscene publications or pornographic materials, or to sell or distribute said materials. Child prostitution and other sexual abuse; Attempt to commit child prostitution; Child trafficking; Attempt to commit child trafficking; Obscene Publications and indecent shows; Other acts of abuse, neglect, cruelty or exploitation and other conditions prejudicial to the child; Child labor; Discrimination of Children belonging to indigenous cultural communities OFFENSES UNDER RA 7610
Sections 5 and 6, Article III, RA 7610
WHO IS DEEMED TO BE A CHILD EXPLOITED IN PROSTITUTION AND OTHER SEXUAL ABUSE?
A child, whether male or female;
Who, for money, profit, or any other consideration, or due to the coercion or influence of any adult, syndicate or group; Indulge in sexual intercourse or lascivious conduct WHO CAN BE LIABLE? 1. Those who engage in or promote, facilitate or induce child prostitution; 2. Those who commit the act of sexual intercourse or lascivious conduct with a childexploited in prostitution or subjected to other sexual abuse; 3. Those who derive profit on advantage therefrom PENALTY: Reclusion temporal medium to reclusion perpetua (14 years 4months 1 day to 40 years) PENALTY: Two degrees lower
1. Any person who, not being a relative of a child,
is found alone with the said child inside the room of a cubicle of a house, an inn, hotel, motel, pension house, apartelle or other similar establishments, vessel, vehicle or any other hidden or secluded area under circumstances which would lead a reasonable person to believe that the child is about to be exlpoited;
2. Any person receiving services from a child in
a sauna parlor or bath, massage clinic, health club and other establishments OFFENSES UNDER RA 7610
Sections 7 and 8, Article IV, RA 7610
WHO IS LIABLE: Any person who shall: Engage in trading and dealing with children For money or for any other consideration
includes the act of buying and selling of a child
PENALTY: Reclusion temporal to reclusion perpetua
(12 years 1 day to 40 years) ATTEMPT TO COMMIT CHILD TRAFFICKING
1. When a child travels alone to a foreign country
without valid reason therefor, and no clearance from DSWD, or written permit or justification from the child’s parents or legal guardian;
2. When a pregnant mother executes an affidavit of
consent for adoption for a consideration
PENALTY: Two degrees lower
ATTEMPT TO COMMIT CHILD TRAFFICKING
3. When the doctor, hospital or clinic official or employee,
Nurse, midwife, local civil registrar or any other person simulates birth for the purpose of child trafficking;
4. When a person engages in the act of finding children
among low income families, hospitals, clinics, nurseries, day-care centers, or other child-caring institutions who can be offered for the purpose of child trafficking
PENALTY: Two degrees lower
OFFENSES UNDER RA 7610
Section 9, Article V, RA 7610
Obscene Publications and Indecent Shows WHO IS LIABLE? HIRE PERSUADE Any person EMPLOY OR INDUCE A who USE COERCE shall TO Perform ; Obscene exhibitions Pose or model; or IN and indecent shows, Sell or distribute whether live or in video; PENALTY: Prision mayor medium Obscene publications or (8years 1 day to 10 years) pornographic materials *if victim is < 12y/o: maximum period (10yrs 1 day to 12 years) OFFENSES UNDER RA 7610
Section 10, Article VI, RA 7610
WHO ARE LIABLE A. Any person who shall commit any other acts of child abuse, cruelty or exploitation or to be responsible for other conditions prejudicial to the child's development including those covered by Article 59 of Presidential Decree No. 603, as amended, but not covered by the Revised Penal Code, as amended INTENT: to debase, degrade, or demean the intrinsic worth or dignity of the child (Bongalon vs. PP) PENALTY: prision mayor minimum (6 years 1 day to 8 years) WHO ARE LIABLE B. Any person who shall keep or have in his company a minor, twelve years or under who is 10 years or more his junior in any public or private place, hotel, motel, beer joint, discotheque, cabaret, pension house, sauna or massage parlor, beach and/or other tourist resort or similar places Exception: person related within the 4th degree of consanguinity or affinity or any bond recognized by law, local custom and tradition or acts in the performance of a social, moral or legal duty PENALTY: prision mayor maximum period (10 years 1 day to 12 years) AND fine of not less than P 50, 000.00 WHO ARE LIABLE
C. Any person who shall induce, deliver, or offer a
minor to anyone prohibited by this Act to keep or have in his company a minor as provided in the preceding paragraph PENALTY: prision mayor medium period (8years 1 day to 10 years) AND fine of not less than P 50, 000.00 Proviso: if perpetrator is ASCENDANT, STEPPARENT or GUARDIAN, penalty shall be prision mayor in maximum period, fine of not less than P 50, 000.00 and loss of parental authority over the minor. WHO ARE LIABLE D. Any person, owner, manager, or one entrusted with the operation of any public or private place of accommodation, whether for occupancy, food, drink or otherwise, including residential places, who allows any person to take along with him to such place/s any minor herein described
PENALTY: prision mayor medium period; fine of
not less than P50, 000.00 and loss of license to operate WHO ARE LIABLE E. Any person who shall use, coerce, force or intimidate a street child to: 1. Beg or use begging as a means of living; 2. Act as conduit or middlemen in drug trafficking or pushing; 3. Conduct any illegal activities PENALTY: prision correccional medium period to reclusion perpetua (2 years 4 months, 1 day to 40 years) Section 12 to 16, Article VIII, RA 7610 Republic Act No. 9231 Children below 15 years of age shall NOT be employed
1. When child works directly under the sole
responsibility of his/her parents or legal guardian and when only members of the family are employed; 2. In public entertainment or information through cinema, theater, radio or television PENALTY: imprisonment 6months 1 day to six years or fine of p50, 000 to P 300,000 or both All forms of slavery and practices similar to slavery; Prositution, pornography; Illegal or illicit acitivities, dangerous drug trafficking and trafficking of prohibited volatile substances; Work which by its nature or the circumstances by which it is carried out is hazardous or is likely to be harmful to the health, safety or morals of children “No child shall be deprived of formal or non-formal education.” “No child shall be employed as a model in any advertisement directly or indirectly promoting alcoholic beverages, intoxicating drinks, tobacco and its byproducts, gambling or any form of violence or pornography.” Article IX, RA 7610 “Children of indigenous cultural communities shall NOT be subjected to any and all forms of discrimination PENALTY: Arresto mayor maximum (4 months 1 day to 6 months)AND fine of P5, 000.00 to P10, 000.00 •Article XI, RA 7610 (Remedial Procedures) •Rules and Regulations on the Reporting and investigation of Child Abuse Cases “A person who learns of facts or circumstances that give rise to the belief that a child has suffered abuse may report the same, either orally or in writing, to the DSWD, to the police or other law enforcement agency of to the Barangay Council for the Protection of Children.” The head of any public or private hospital, medical clinic and similar institution, as well as the attending physician and nurse, shall report, either orally or in writing, to DSWD the examination or treatment of a child who appears to have suffered abuse within 48 hours from knowledge of the same.
FAILURE TO REPORT Fine of not more
than P 2, 000.00 Teachers and administrators of public schools; Probation officers; Government lawyers; Law enforcement officers; Barangay officials; Employees whose work involves dealing with children A person who, acting in good faith, shall report a case of child abuse shall be free from any civil or administrative liability arising therefrom.
***Presumption of good faith
The duly authorized officer or social worker and assisting police officer or barangay official, if any, who shall take a child under protective custody shall be exempt from any civil, criminal and administrative liability therefor. Offended party; Parent orlegal guardian; Ascendant or collateral relative of the child within the third degree of consaguinity; Duly authorized officer or social worker of the DSWD; Officer, social worker, or representative of a licensed child caring institution; Barangay Chairman; At least 3 concerned responsible citizens of the community where the abuse took place who have personal knowledge of the offense committed The investigation report of the DSWD and/or police or other law enforcement agency, together with the results of the physical/mental examination and/or medical treatment and other relevant evidence, shall be immediately forwarded to the prosecutor for the filing of the appropriate criminal charge •SPEEDY TRIAL OF CHILD ABUSE CASES •CONFIDENTIALITY OF IDENTITY OF VICTIM AND OF THE RECORDS What can be done about this? Parents or soon-to- be-parents should be educated on laws that protect children against exploitation, humiliation and any form of harm. In order that education is driven to as many homes as possible, government must mobilize the barangays in advocating effective parenting. In this aspect, government should strengthen the Barangay Council for the Protection of Children. It should adopt at the barangay level programs and services that can help parents understand more parenting responsibilities. -Gwen Pimentel-Gana, President, Association of Child Caring Agencies of the Philippines; Opinion, “Give our Children Better Lives,” Inquirer; June 13, 2015 LIFETIME EFFECT AND CONSEQUENCE