Vous êtes sur la page 1sur 125

LAWS ON CHILDS RIGHTS AND PROTECTION

CHILD ABUSE AND EXPLOITATION 1. Identify and learn the rights of children 2. Identify the responsibilities of children to their families, their communities and their country; 3. Identify the States undertaking to protect them

4. Increase awareness on law on child sexual abuse (R.A No. 7610); 5. Learn what constitutes child abuse and how it is committed; 6. Know the penalties of the crime;

SIGNIFICANCE
Child Abuse and Exploitation of Women and their children are not only a national concern but a global one. Under the 1987 Constitution, Article 15, Section 3,the State ensures 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 is in fact a recognition of the vulnerability and special needs of children.

SITUATIONER: FACTS ABOUT FILIPINO CHILDREN

Filipino children and education


For every 100 Filipino children who enter Grade 1, only 67 will graduate from elementary school. Only 49 will complete high school. Participation rates in public elementary schools have decreased to 90% since 2000. 4 out of 10 children (12-15 years old) are not in school. The net enrollment ratio in public secondary education in 2002 was only 57%. The average class size across Philippine regions ranges from 33 to 50 students per class Only 3 out of every 10 Filipino children has early childhood education, formal or non-formal.

Filipino children and health:


22% of children under the age of five are underweight There is a lack of knowledge about HIV with only 21% of the population having an understanding of what HIV is and how it can be prevented. Only 70% of children are fully immunized.

Filipino children and poverty:


26.5% of the Philippines population lives below the poverty line. The number of poor Filipino families has gone up from 4.36 million in 1985 to 5.14 million in 2000.

Filipino children and abuse & exploitation:


Between 1999 and 2008 12% of Filipino children took part in child labor Children in the Philippines are engaged in the worst forms of child labor, particularly in agriculture, domestic work, home based industries, prostitution, trafficking and pornography Throughout urban settings in the Philippines children live and work on the streets, scavenging, begging and engaging in other income generating activities

Filipino children and abuse & exploitation:


Corporal punishment is illegal but still widely practiced in Filipino schools, homes and other settings Physical and sexual abuse of children in the Philippines is widespread and of concern

WHO IS CONSIDERED A CHILD?


A PERSON WHO IS BELOW 18 YEARS OLD; and A PERSON WHO IS 18 OR ABOVE BUT CANNOT TAKE CARE OF HIMSELF DUE TO CERTAIN CIRCUMSTANCES.

1. TO BE BORN. TO HAVE NAME AND NATIONALITY; 2. TO BE FREE. TO BE HAVE A FAMILY WHO WILL TAKE CARE OF ME; 3. TO HAVE A GOOD EDUCATION. 4. TO DEVELOP MY POTENTIALS. 5. TO HAVE ENOUGH FOOD, SHELTER, A HEALTHY AND ACTIVE BODY;

RIGHTS OF EVERY FILIPINO CHILD

RIGHTS OF EVERY FILIPINO CHILD


6. TO BE GIVEN THE OPPORTUNITY TO PLAY AND LEISURE; 7. TO BE GIVEN PROTECTION AGAINST ABUSE, DANGER AND VIOLENCE BROUGHT BY WAR AND CONFLICT; 8. TO LIVE IN A PEACEFUL COMMUNITY. 9. TO BE DEFENDED AND ASSISTED BY THE GOVERNMENT. 10. TO BE ABLE TO EXPRESS MY VIEWS.

Laws Protecting Children in the Philippines


Philippine Constitution (1987) Child and Youth Welfare Code Presidential Decree No. 603 (1974) Special Protection of Children Against Abuse, Exploitation and Discrimination Act R. A. No. 7610 (1992) Anti-Sexual Harassment Act of 1995 R. A. No. 7877 Anti-Rape Law of 1997 R. A. No. 8353 Relevant Provisions from the Revised Penal Code - Act No. 3815 (1930) Anti-Trafficking in Persons Act of 2003 R. A. No. 9208 Anti-Violence Against Women and their Children Act of 2004 R.A. No. 9262

Laws Protecting Children in the Philippines


- R.A. No 9165 -Comprehensive Dangerous Drugs Act of 2002 Comprehensive Dangerous Drugs Act with respect to minor offenders - R.A. 7658, "An Act Prohibiting the Employment of Children Below 15 Years of Age in Public and Private Undertakings" was passed into law in October, 1993, thereby restoring the erstwhile prohibition on the employment of children below 15 years of age.

Laws Protecting Children in the Philippines


- R.A No. 9344 "Juvenile Justice and Welfare Act of 2006. - R.A. No. 9231 - N ACT PROVIDING FOR THE ELIMINATION OF THE WORST FORMS OF CHILD LABOR AND AFFORDING STRONGER PROTECTION FOR THE WORKING CHILD, (2003) - Republic Act No. 9775 AN ACT DEFINING THE CRIME OF CHILD PORNOGRAPHY of 2009, - Republic Act No. 10175 Cybercrime Prevention Act of 2012 - on Cyber Child Pornography

IMPORTANCE OF THE CHILD


The child is one of the most important assets of the nation. Every effort should be exerted to promote a childs well-being and enhance his/her opportunities for a useful and happy life. The child is also a citizen of our country. His/her traits and capabilities should be developed for the betterment of society.

CHILDS DEVELOPMENT
The childs character development starts at home. Each family member should try to make the home a wholesome and harmonious place to live in. This is because whatever happens at home greatly influences the childs development. Attachment to the home and strong family ties should be encouraged.

CHILDS DEVELOPMENT
It is the right and duty of parents to raise their children. Parents should receive the aid and support of the government in rearing the child. Other institutions should assist the home and the nation in preparing the child for responsible adulthood. These institutions Include the school, the church, social organizations and the community.

Children do not grow up to be responsible adults by themselves. They need the support and guidance of the different sectors of society. The most important institution that guides children is the family. The family, especially parents, have duties to perform. Other institutions that have responsibilities to every child are schools and the community. Each of these institutions must work together to guide every child. Remember that the future of our country rests on our children.

Parents have the following duties toward their children:


To give them affection, companionship and understanding; To provide them with moral guidance, instil in them self discipline and religious instruction;

Parents have the following duties toward their children:


To supervise their activities, including their recreation; To teach them the value of thrift and selfreliance; To encourage them to participate in sociocivic affairs, teach them the duties of a good citizen, and develop the commitment to ones country;

Parents have the following duties toward their children


To advise them properly on any matter affecting their development and well-being; To always set a good example; and To provide them with enough support.

The school also has duties to the child. These include the following:
No child is to be refused admission in public schools. Public nursery and kindergarten schools should be maintained whenever possible. There should be special classes in every province and special schools for the physically handicapped, mentally retarded, emotionally disturbed, and gifted children.

The school also has duties to the child. These include the following:
School children and students should be provided with enough classrooms and facilities, including playground, space and facilities for recreation. The school environment should be free from dangers to the health and safety of the children.

It should be the duty of the community to:


Bring about a healthy environment necessary to the normal growth of children and the development of their physical, mental and spiritual wellbeing; Help institutions of learning, whether public or private, achieve the fundamental objectives of education; Organize or encourage activities for the cultivation of the interests of children;

It should be the duty of the community to:


Promote the establishment and maintenance of adequately equipped playgrounds, parks and other recreational facilities; Support parent education programs by encouraging its members to attend and actively participate in them; Assist the government in fighting juvenile crimes and rehabilitating young lawbreakers;

It should be the duty of the community to:


Aid in carrying out special projects for the betterment of children who live in the remote areas, belong to cultural minorities, or are out-of-school. They should cooperate with private and public child welfare agencies in providing care, training and protection to poor, abandoned, neglected, abused and handicapped children;

It should be the duty of the community to:


And Barangay councils, socio-civic associations and youth associations should be developed and maintained in the community to guide and train children in terms of education, social responsibility and care for the environment.

United Nations Convention on the Rights of the Child

The United Nations Convention on the Rights of the Child (commonly abbreviated as the CRC, CROC, or UNCRC) is a human rights treaty setting out the civil, political, economic, social, health and cultural rights of children. The Convention defines a child as any human being under the age of eighteen, unless under states own domestic legislation majority is attained earlier. The Philippines became a signatory of the convention on January 26, 1990.

Nations that ratify this convention are bound to it by international law. Compliance is monitored by the UN Committee on the Rights of the Child, which is composed of members from countries around the world. Once a year, the Committee submits a report to the Third Committee of the United Nations General Assembly, which also hears a statement from the CRC Chair, and the Assembly adopts a Resolution on the Rights of the Child.

The UN General Assembly adopted the Convention and opened it for signature on 20 November 1989 (the 30th anniversary of its Declaration of the Rights of the Child). It came into force on 2 September 1990, after it was ratified by the required number of nations. Currently, 193 countries are party to it, including every member of the United Nations except Somalia, South Sudan and the United States. Somalia's cabinet ministers had announced plans in late 2009 to ratify the treaty.

Two optional protocols were adopted on 25 May 2000. The First Optional Protocol restricts the involvement of children in military conflicts, and the Second Optional Protocol prohibits the sale of children, child prostitution and child pornography. Both protocols have been ratified by more than 140 states.

Guiding Principle
The guiding principles of the Convention include nondiscrimination; adherence to the best interests of the child; the right to life, survival and development; and the right to participate. They represent the underlying requirements for any and all rights to be realized.

Classification of Rights under the Convention


SURVIVAL AND DEVELOPMENT RIGHTS These are rights to the resources, skills and contributions necessary for the survival and full development of the child. They include rights to adequate food, shelter, clean water, formal education, primary health care, leisure and recreation, cultural activities and information about their rights. These rights require not only the existence of the means to fulfill the rights but also access to them. Specific articles address the needs of child refugees, children with disabilities and children of minority or indigenous groups. Arts. 4, 11, 19,20,21,22 and 32.

Classification of Rights under the Convention


Protection rights : These rights include protection from all forms of child abuse, neglect, exploitation and cruelty, including the right to special protection in times of war and protection from abuse in the criminal justice system. Arts. 4,11,19,20,21,22,32,33,34,35,36, 37,38,39,40,41

Classification of Rights under the Convention


Participation rights : Children are entitled to the freedom to express opinions and to have a say in matters affecting their social, economic, religious, cultural and political life. Participation rights include the right to express opinions and be heard, the right to information and freedom of association. Engaging these rights as they mature helps children bring about the realization of all their rights and prepares them for an active role in society.

Classification of Rights under the Convention


The equality and interconnection of rights are stressed in the Convention. In addition to governments obligations, children and parents are responsible for respecting the rights of othersparticularly each other. Childrens understanding of rights will vary depending on age and parents in particular should tailor the issues they discuss, the way in which they answer questions and discipline methods to the age and maturity of the individual child. Arts. 4,12,13,14,15,16,17

Article 1 - Everyone under 18 years of age has all the rights in this Convention. Article 2 - The Convention applies to everyone, whatever their race, religion, abilities; whatever they think or say, whatever type of family they come from. Article 3 - All organizations concerned with children should work towards what is best for each child. Article 4 - Governments should make these rights available to children.

Article 5 - Governments should respect the rights and responsibilities of families to direct and guide their children so that, as they grow, they learn to use their rights properly.
Article 6 All children have the right to life. Governments should ensure that children survive and develop healthily. Article 7 - All children have the right to a legally registered name, and nationality. Also the right to know and, as far as possible, to be cared for by their parents.

Article 8 Governments should respect childrens right to a name, a nationality and family ties. Article 9 - Children should not be separated from their parents unless it is for their own good. For example, if a parent is mistreating or neglecting a child. Children whose parents have separated have the right to stay in contact with both parents, unless this might hurt the child. Article 10 - Families who live in different countries should be allowed to move between those countries so that parents and children can stay in contact, or get back together as a family.

Article 11 - Governments should take steps to stop children being taken out of their own country illegally. Article 12 - Children have the right to say what they think should happen, when adults are making decisions that affect them, and to have their opinions taken into account.

Article 13 - Children have the right to get and to share information, as long as the information is not damaging to them or to others. Article 14 - Children have the right to think and believe what they want, and to practice their religion, as long as they are not stopping other people from enjoying their rights. Parents should guide their children on these matters. Article 15 - Children have the right to meet together and to join groups and organizations, as long as this does not stop other people from enjoying their rights.

Article 16 - Children have a right to privacy. The law should protect them from attacks against their way of life, their good name, their families and their homes. Article 17 - Children have the right to reliable information from the mass media. Television, radio, and newspapers should provide information that children can understand, and should not promote materials that could harm children.

Article 18 - Both parents share responsibility for bringing up their children, and should always consider what is best for each child. Governments should help parents by providing services to support them, especially if both parents work.

Article 19 - Governments should ensure that children are properly cared for, and protect them from violence, abuse and neglect by their parents, or anyone else who looks after them.
Article 20 - Children who cannot be looked after by their own family must be looked after properly, by people who respect their religion, culture and language.

Article 21 - When children are adopted the first concern must be what is best for them. The same rules should apply whether the children are adopted in the country where they were born, or if they are taken to live in another country.

Article 22 - Children who come into a country as refugees should have the same rights as children born in that country. Article 23 - Children who have any kind of disability should have special care and support, so that they can lead full and independent lives.

Article 24 - Children have the right to good quality health care, to clean water, nutritious food, and a clean environment, so that they will stay healthy. Rich countries should help poorer countries achieve this.

Article 25 - Children who are looked after by their local authority, rather than their parents, should have their situation reviewed regularly.
Article 26 - The Government should provide extra money for the children of families in need.

Article 27 - Children have a right to a standard of living that is good enough to meet their physical and mental needs. The Government should help families who cannot Afford to provide this.
Article 28 - All children and young people have a right to a primary education, which should be free. Wealthy countries should help poorer countries achieve this. Discipline in schools should respect childrens human dignity. Young people should be encouraged to reach the highest level of education they are capable of.

Article 29 - Education should develop each child's personality and talents to the full. It should encourage children to respect their parents, and their own and other cultures. Article 30 - Children have a right to learn and use the language and customs of their families, whether these are shared by the majority of people in the country or not. Article 31 - All children have a right to relax and play, and to join in a wide range of activities.

Article 32 - The Government should protect children from work that is dangerous, or might harm their health or their education. Article 33 -The Government should provide ways of protecting children from dangerous drugs. Article 34 - The Government should protect children from sexual abuse.

Article 35 - The Government should make sure that children are not abducted or sold. Article 36 - Children should be protected from any activities that could harm their development.
Article 37 - Children who break the law should not be treated cruelly. They should not be put in prison with adults and should be able to keep in contact with their families.

Article 38 - Governments should not allow children under 16 to join the army.

Article 39 Children who have been neglected or abused should receive special help to restore their selfrespect.
Article 40 - Children who are accused of breaking the law should receive legal help. Prison sentences for children should only be used for the most serious offences.

Article 41 - If the laws of a particular country protect children better than the articles of the Convention, then those laws should stay.
Article 42 - The Government should make the Convention known to parents and children. The Convention on the Rights of the Child has 54 articles in all. Articles 43-54 are about how adults and governments should work together to make sure all children get all their rights.

REPUBLIC ACT NO. 7610 SPECIAL PROTECTION OF CHILDREN AGAINST CHILD ABUSE, EXPLOITATION AND DISCRIMINATION ACT

WHAT IS CHILD ABUSE, EXLOITATION AND DISCRIMINATION?


Child Abuse is now defined specifically under Republic Act No. 7610 otherwise known as the SPECIAL PROTECTION OF CHILDREN AGAINST CHILD ABUSE, EXPLOITATION AND DICRIMINATION ACT which took effect on August 1992.

WHAT IS CHILD ABUSE, EXLOITATION AND DISCRIMINATION?


This was passed promoting the policy of the state to protect and rehabilitate children gravely threatened and endangered by circumstances that will affect their survival and normal development and over which they have no control. CHILD ABUSE as defined in this law is a form of MALTREATMENT of the child, whether habitual or not, and which may be committed in various forms.

WHAT IS CHILD ABUSE, EXLOITATION AND DISCRIMINATION?


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;

WHAT IS CHILD ABUSE, EXLOITATION AND DISCRIMINATION?


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 and in his permanent incapacity or death;

CHILD ABUSE
R.A. No.7610 does not limit child abuse to offenses perpetrated by persons under whose care the victim is committed. The definition covers all abusive acts of ANY PERSON.

CHILD ABUSE
By this reason, child abuse under R.A. No. 7610 per se is not punished as distinct and separate crime but is subsumed by ordinary crimes. Hence, sexual abuse of the father is covered under the crime of rape. The relationship of the offender to the victim serves merely as a circumstance that aggravates the act.

PENAL LAWS
Some forms of child abuse are punishable under the Revised Penal Code. Child battering may be punished under Physical injuries. Sexual abuse is punished under RAPE, Acts of Lasciviousness, Rape and Seduction. Verbal or physical assault which debase the dignity of the child may be basis for prosecution under Libel and Slander by Deed.

PENAL LAWS
Persons in charge of the custody of children below 7 years old of age who abandons him to put his life in danger as to result in his death are guilty of abandoning a minor under Article 276 of the Revised Penal Code (RPC).

PENAL LAWS
A person upon whose care a child is entrusted, delivers said child to an institution without the consent of the person who entrusted the child shall be guilty of Abandonment of a Minor by a Person Entrusted With His Custody (Art. 277, RPC)

OTHER FORMS OF CHILD ABUSE


Criminal Liability of Parents 1. Abandon the child under such circumstances as to deprive him of the love, care and protection he needs. 2. Neglect the education of the child or to give him the education which the familys status permits. 3. Fails or refuses to enrol the child without justifiable grounds;

OTHER FORMS OF CHILD ABUSE


4. Causes, abates or permits the truancy of a child from school where he is enrolled. Truancy means absence without cause for more than twenty school days, not necessarily consecutive. 5. Improperly exploit the child by using him, directly or indirectly, such as, for purposes of begging and other acts which are inimical to his interest and welfare; or

OTHER FORMS OF CHILD ABUSE


6. Inflict cruel and unusual punishment or subject him deliberately to indignation and other excessive chastisements that embarrass or humiliate; 7. Cause or encourage the child to lead an immoral or dissolute life;

OTHER FORMS OF CHILD ABUSE


8. Permits the child to possess handle or carry a deadly weapon regardless of ownership; 9. Allows or requires the child to drive without license or with a license which the parent knows to have been illegally possessed.

OTHER FORMS OF CHILD ABUSE


The acts are punishable by imprisonment from two to six months and a fine not exceeding five hundred pesos or both at the discretion of the court.

SEXUAL ABUSE AND EXPLOITATION


Sexual Abuse 1. Where children are victims of Rape and Sexual Assault; 2. Child Prostitution, which refers to the commercial activity where children are used to offer their bodies to satisfy the lust and desires of clients; and 3. Pornography where children are used in shows, movies, prints and commercial advertisements as object of sex without physical contact.

SEXUAL ABUSE AND EXPLOITATION RAPE as defined and

punished under Article 266-A and 266-B of the Revised Penal Code pursuant To R.A. No. 8353. Rape: When And How Committed. - Rape is committed: 1) By a man who shall have carnal knowledge of a woman under any of the following circumstances:

SEXUAL ABUSE a) Through force, threat, or AND EXPLOITATION

intimidation; b) When the offended party is deprived of reason or otherwise unconscious; c) By means of fraudulent machination or grave abuse of authority; and d) When the offended party is under twelve (12) years of age or is demented, even though none of the circumstances mentioned above be present.

SEXUAL ABUSE AND EXPLOITATION


2) By any person who, under any of the circumstances mentioned in paragraph 1 hereof, shall commit an act of sexual assault by inserting his penis into another person's mouth or anal orifice, or any instrument or object, into the genital or anal orifice of another person.

SEXUAL ABUSE AND EXPLOITATION


PENALTY for Rape by sexual assault is reclusion perpetua. Whenever the rape is committed with the use of a deadly weapon or by two or more persons, the penalty shall be reclusion perpetua to death. "When by reason or on the occasion of the rape, the victim has become insane, the penalty shall become reclusion perpetua to death.

SEXUAL ABUSE AND EXPLOITATION


"When the rape is attempted and a homicide is committed by reason or on the occasion thereof, the penalty shall be reclusion perpetua to death.

"When by reason or on the occasion ofthe rape, homicide is committed, the penalty shall be death.

SEXUAL ABUSE The death penalty shall also AND EXPLOITATION be imposed if the crime of

rape is committed with any of the following aggravating/qualifying circumstances: "l) When the victim is under eighteen (18) years of age and the offender is a parent, ascendant, step-parent, guardian, relative by consanguinity or affinity within the third civil degree, or the common-law spouse of the parent of the victim;

SEXUAL ABUSE AND EXPLOITATION

"2) When the victim is under the custody of the police or military authorities or any law enforcement or penal institution; "3) When the rape is committed in full view of the spouse, parent, any of the children or other relatives within the third civil degree of consanguinity;

SEXUAL ABUSE AND EXPLOITATION

"4) When the victim is a religious engaged in legitimate religious vocation or calling and is personally known to be such by the offender before or at the time of the commission of the crime; "5) When the victim is a child below seven (7) years old;

SEXUAL ABUSE AND EXPLOITATION

"6) When the offender knows that he is afflicted with the Human Immuno-Deficiency Virus (HIV)/Acquired Immune Deficiency Syndrome (AIDS) or any other sexually transmissible disease and the virus or disease is transmitted to the victim; "7) When committed by any member of the Armed Forces of the Philippines or para-military units thereof or the Philippine National Police or any law enforcement agency or penal institution, when the offender took advantage of his position to facilitate the commission of the crime;

SEXUAL ABUSE AND EXPLOITATION

"8) When by reason or on the occasion of the rape, the victim has suffered permanent physical mutilation or disability;
"9) When the offender knew of the pregnancy of the offended party at the time of the commission of the crime; and "10) When the offender knew of the mental disability, emotional disorder and/or physical handicap of the offended party at the time of the commission of the crime.

SEXUAL ABUSE AND EXPLOITATION

RAPE of children below twelve is considered Statutory Rape, even if done with consent or without using force or intimidation. The underlying reason is children below twelve cannot give valid consent. Penalty is DEATH.

SEXUAL ABUSE AND EXPLOITATION If child is at least 12 of age and

had consented to sexual intercourse with a person in public authority, an ascendant, a descendant, a guardian, a teacher, a priest or any person who had been entrusted with the education and custody of the child will constitute the crime of qualified seduction under Art. 337 of the Revised Penal Code. Reason is there is abuse of confidence and authority by reason of his relationship with the victim.

SEXUAL ABUSE AND If there is no abuse authority but EXPLOITATION there is deceit employed by the
offender, he will be criminally liable for simple seduction. The crime however can only be prosecuted if the victim is a virgin and with good reputation. Rape under paragraph 1 may be committed only on a female except for paragraph 2 aswhich can be committed by any person by inserting his penis into another person's mouth or anal orifice, or any instrument or object, into the genital or anal orifice of another person.

SEXUAL ABUSE AND Acts of Lasciviousness EXPLOITATION

(1) that the offender commits any act of lasciviousness or lewdness; and (2) that it is done under any of the following circumstances: (a) by using force or intimidation; (b) when the offended woman is deprived of reason or otherwise unconscious; or (c) when the offended party is under twelve (12) years of age.

SEXUAL ABUSE AND EXPLOITATION

The term lewd is commonly defined as something indecent or obscene; it is characterized by or intended to excite crude sexual desire. That an accused is entertaining a lewd or unchaste design is necessarily a mental process the existence of which can be inferred by overt acts carrying out such intention, i.e., by conduct that can only be interpreted as lewd or lascivious.

SEXUAL ABUSE AND EXPLOITATION

The presence or absence of lewd designs is inferred from the nature of the acts themselves and the environmental circumstances. What is or what is not lewd conduct, by its very nature, cannot be pigeonholed into a precise definition.

SEXUAL ABUSE AND EXPLOITATION

Acts of lasciviousness can be committed against any sex. THE crime is penalized by prision correctional. In addition if there is consent to the act, girls below 18 but over 12 of age can file cases for acts of lasciviousness with consent under Art. 339 of the Revised Penal Code.

CHILD Child Prostitution as defined PROSTITUTION by R.A. No. 7610 as any


activity whereby children, whether male or female, indulge in sexual intercourse or lascivious conduct for profit or any other consideration of due to coercion or influence of any adult. The law does not penalize those children involved in prostitution only those who exploited the children

CHILD Child Prostitution as defined PROSTITUTION by R.A. No. 7610 as any


activity whereby children, whether male or female, indulge in sexual intercourse or lascivious conduct for profit or any other consideration of due to coercion or influence of any adult. The law does not penalize those children involved in prostitution only those who exploited the children.

CHILD Who are penalized? PROSTITUTION 1. Those who promote or


facilitate child prostitution. Acting as a procurer of a child prostitute; Inducing a person to be a client of a child prostitute by means of written or oral advertisements or other similar means;

CHILD Taking advantage of influence PROSTITUTION or relationship to procure a


child as a prostitute; Threatening or using violence towards a child to engage him as a prostitute; or Giving monetary consideration, goods or other pecuniary benefit to a child with the intent to engage such child in prostitution.

CHILD PROSTITUTION

2. Those who actually commit sexual intercourse with the child. Person who commit carnal knowledge with child prostitute below 12 is guilty of RAPE. But in R.A. No. 7610, any person who engages in sexual activity with child below 18 but over 12 is prosecuted for crime of child prostitution. If no sexual intercourse, acts of lasciviousness

CHILD 3. Those who derive or PROSTITUTION advantage therefrom.


Those who promote child prostitution and those who derive profit or advantage thereform as well as those who commit sexual activity.

CHILD Those who derive profit or PROSTITUTION advantage therefrom,


whether as manager or owner of the establishment where the prostitution takes place, or of the sauna, disco, bar, resort, place of entertainment or establishment serving as a cover or which engages in prostitution in addition to the activity for which the license has been issued to said establishment.

Child Pornography refers to the use, exhibition and depiction of children as mere objects of obscenity, immorality and indecency in live shows, movies, television, newspapers, magazines and other forms of media.

R.A. No.7610 penalizes any person who shall hire, employ, use, persuade, induce or coerce a child to perform in obscene exhibitions and indecent shows whether live or video, pose or model in obscene publications or pornographic materials or to sell or distribute the said materials. The law prohibits the employment of children as model in all commercials or advertisement promoting alcohol beverages, intoxicating drinks, tobacco and its by products and violence.

Any person who shall engage in trading and dealing with children including, but not limited to, the act of buying and selling of a child for money, or for any other consideration, or barter, shall suffer the penalty of reclusion temporal to reclusion perpetua. The penalty shall be imposed in its maximum period when the victim is under twelve (12) years of age.

Sale of children involves the actual transfer and delivery of custody or ownership of children by the person who has actual custody over the children into hands of another person and that the other person obligates to pay, in exchange, a certain sum of money.

Child Trafficking involves a more habitual trading of children whereby the buying and selling become more of a business venture. The trafficker is actually a middleman facilitating the barter and exchange of children.

Purpose or motive of sale of children varies. It may be for prostitution as in the case of a provincial lasses are abducted and are brought in prostitution in the urban places. Some children, infants in particular are sold to childless couples and some are adopted to become organ donors. The inter country adoption Act of 1995 or R.A. No. 8043 provides safeguards to prevent child trafficking cloaked with legality through adoption proceedings.

Attempt to Commit Child Trafficking. There is an attempt to commit child trafficking under Section 7 of R.A. No.7610 (a) When a child travels alone to a foreign country without valid reason therefor and without clearance issued by the Department of Social Welfare and Development or written permit or justification from the child's parents or legal guardian; (c) When a person, agency, establishment or childcaring institution recruits women or couples to bear children for the purpose of child trafficking; or

(d) When a doctor, hospital or clinic official or employee, nurse, midwife, local civil registrar or any other person simulates birth for the purpose of child trafficking; or (e) When a person engages in the act of finding children among low-income families, hospitals, clinics, nurseries, day-care centers, or other childduring institutions who can be offered for the purpose of child trafficking.

OTHER FORMS OF CHILD ABUSE


Any person who shall keep or have in his company a minor, twelve (12) years or under or who in ten (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. Any person who shall induce, deliver or offer a minor to any one prohibited by this Act to keep or have in his company a minor as provided in the preceding paragraph

OTHER FORMS OF CHILD ABUSE


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 or places any minor

OTHER FORMS OF CHILD ABUSE


Any person who shall use, coerce, force or intimidate a street child or any other child to; (1) Beg or use begging as a means of living; (2) Act as conduit or middlemen in drug trafficking or pushing. For drug pushers who use minors as runners, couriers and messengers or in any other capacity directly connected to the dangerous drugs and/or ontrolled precursors and essential chemical trade shall be imposed the maximum penalty. (Sec. 5, R.A. 9165)

CHILD LABOR
Under R.A. No. 9231, children below fifteen (15) years of age shall not be employed except: "1) When a child works directly under the sole responsibility of his/her parents or legal guardian and where only members of his/her family are employed: Provided, however, That his/her employment neither endangers his/her life, safety, health, and morals, nor impairs his/her normal development: Provided, further, That the parent or legal guardian shall provide the said child with the prescribed primary and/or secondary education;

CHILD LABOR
Prohibition Against Worst Forms of Child Labor. No child shall be engaged in the worst forms of child labor. The phrase "worst forms of child labor" shall refer to any of the following: "(1) All forms of slavery, as defined under the "Antitrafficking in Persons Act of 2003", or practices similar to slavery such as sale and trafficking of children, debt bondage and serfdom and forced or compulsory labor, including recruitment of children for use in armed conflict;

CHILD LABOR
"(2) The use, procuring, offering or exposing of a child for prostitution, for the production of pornography or for pornographic performances; or "(3) The use, procuring or offering of a child for illegal or illicit activities, including the production and trafficking of dangerous drugs and volatile substances prohibited under existing laws;

CHILD LABOR
"(4) Work which, by its nature or the circumstances in which it is carried out, is hazardous or likely to be harmful to the health, safety or morals of children, such that it: "a) Debases, degrades or demeans the intrinsic worth and dignity of a child as a human being: or

CHILD LABOR
"b) Exposes the child to physical, emotional or sexual abuse, or is found to be highly stressful psychologically or may prejudice morals; or "c) Is performed underground, underwater or at dangerous heights; or "d) Involves the use of dangerous machinery, equipment and tools such as power-driven or explosive power-actuated tools; or

"e) Exposes the child to physical danger such as, but not limited to the dangerous feats of balancing, physical strength or contortion, or which requires the manual transport of heavy loads; or "f) Is performed in an unhealthy environment exposing the child to hazardous working conditions, elements, substances, co-agents or processes involving ionizing, radiation, fire, flammable substances, noxious components and the like, or to extreme temperatures, noise levels, or vibrations;

CHILD LABOR

CHILD LABOR
"g) Is performed under particularly difficult conditions: or "h) Exposes the child to biological agents such as bacteria, fungi, viruses, protozoans, nematodes and other parasites; or "I) Involves the manufacture or handling of explosives and other pyrotechnic products."

Other Provisions
Children of indigenous cultural communities shall not be subjected to any and all forms of discrimination. Children are hereby declared as Zones of Peace. It shall be the responsibility of the State and all other sectors concerned to resolve armed conflicts in order to promote the goal of children as zones of peace. (Child Combatants)

Other Provisions
Any child who has been arrested for reasons related to armed conflict, either as combatant, courier, guide or spy is entitled to the following rights; (a) Separate detention from adults except where families are accommodated as family units; (b) Immediate free legal assistance;

Other Provisions
(c) Immediate notice of such arrest to the parents or guardians of the child; and (d) Release of the child on recognizance within twentyfour (24) hours to the custody of the Department of Social Welfare and Development or any responsible member of the community as determined by the court.

Other Provisions
Section 26. Monitoring and Reporting of Children in Situations of Armed Conflict. The chairman of the barangay affected by the armed conflict shall submit the names of children residing in said barangay to the municipal social welfare and development officer within twenty-four (24) hours from the occurrence of the armed conflict.

WHO CAN FILE THE CASE?


Complaints on cases of unlawful acts committed against the children as enumerated herein may be filed by the following: (a) Offended party; (b) Parents or guardians; (c) Ascendant or collateral relative within the third degree of consanguinity;

WHO CAN FILE THE CASE?


(d) Officer, social worker or representative of a licensed childcaring institution; (e) Officer or social worker of the Department of Social Welfare and Development; (f) Barangay chairman; or (g) At least three (3) concerned responsible citizens where the violation occurred.

Protective Custody of the Child. The offended party shall be immediately placed under the protective custody of the Department of Social Welfare and Development pursuant to Executive Order No. 56, series of 1986. In the regular performance of this function, the officer of the Department of Social Welfare and Development shall be free from any administrative, civil or criminal liability. Custody proceedings shall be in accordance with the provisions of Presidential Decree No. 603.

Special Protective Legal Measures for Children

Special Protective Legal Measures for Children


Confidentiality. At the instance of the offended party, his name may be withheld from the public until the court acquires jurisdiction over the case.

It shall be unlawful for any editor, publisher, and reporter or columnist in case of printed materials, announcer or producer in case of television and radio broadcasting, producer and director of the film in case of the movie industry, to cause undue and sensationalized publicity of any case of violation of this Act which results in the moral degradation and suffering of the offended party. Special Court Proceedings. Cases involving violations of this Act shall be heard in the chambers of the judge of the Regional Trial Court duly designated as Juvenile and Domestic Court.

Special Protective Legal Measures for Children

As quoted from Kenny Guinn: I believe the best service to the child is the service closest to the child, and children who are victims of neglect, abuse, or abandonment must not also be victims of bureaucracy. They deserve our devoted attention, not our divided attention.