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Lesson 4.4.5: Child Abuse Law and EO No.

56

Special Protection of Children


against Abuse, Exploitation and
Discrimination Act (RA 7610)
and
Children Affected by Armed
Conflict/ Grave Child Rights
Violations (EO No. 56)

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Lesson 4.4.5: Child Abuse Law and EO No. 56

Lesson Goal:

This lesson aims to provide the participants


with knowledge on RA 7610 and EO No. 56 .

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Lesson 4.4.5: Child Abuse Law and EO No. 56

Lesson Objectives:
After this lesson, the participants will be able
to:

Discuss the terms Children and Child


Abuse, as well as enumerate types of
Child Abuse.

Explain the circumstances which gravely


threaten or endanger the survival and
normal development of children.

Define Child Prostitution, attempted child


prostitution their acts and penalties.
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Lesson 4.4.5: Child Abuse Law and EO No. 56

Lesson Objectives: (Cont.)

Explain Child trafficking, attempted


trafficking and its penalty.

Enumerate the acts that constitute to


children in Obscene Publications and
Indecent Shows and their penalties.

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Lesson 4.4.5: Child Abuse Law and EO No. 56

Lesson Objectives: (Cont.)


Enumerate the Other Acts of Neglect,
Abuse, Cruelty or Exploitation and
Other Conditions Prejudicial to the Child's
Development and their penalties.

Cite the conditions for employment of a


child.

State the prohibitions in employment of


children and its corresponding penalty.

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Lesson 4.4.5: Child Abuse Law and EO No. 56

Lesson Objectives: (Cont.)

Enumerate the policies in handling


children in armed conflict.

State the rights of children arrested for


reasons related to armed conflict.

Explain the salient points of Children


Affected by Armed Conflict/ Grave Child
Rights Violations (EO No. 56).

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Lesson 4.4.5: Child Abuse Law and EO No. 56

Scope of Presentation
Background

Definition of Terms

Circumstances which gravely threaten or


endanger children

Child Prostitution and other Sexual Abuse


and Attempt to commit

Child Trafficking and Attempted Trafficking

Obscene Publication and other acts of abuse

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Lesson 4.4.5: Child Abuse Law and EO No. 56

Scope of Presentation
Employment and Prohibition in the
Employment of children

Children in Situations of Armed Conflict

Rights of Children arrested for reasons


related to Armed Conflict

Protective Custody of Child and


Confidentiality

Children as Zones of Peace (EO NO. 56)

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Lesson 4.4.5: Child Abuse Law and EO No. 56

Background:
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.

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.

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Lesson 4.4.5: Child Abuse Law and EO No. 56

Background: (Cont.)
State shall intervene when such acts are
committed by the said parent, guardian,
teacher or person having care and custody
of the same .

Protect and rehabilitate children gravely


threatened or endangered by
circumstances.

The best interests of children shall be the


paramount consideration.

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Lesson 4.4.5: Child Abuse Law and EO No. 56

I. Definition of Terms:
Children
- persons below 18 years of age;

- or those over 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.

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Lesson 4.4.5: Child Abuse Law and EO No. 56

Definition of Terms: (Cont.)


Child abuse
The maltreatment, whether habitual or
not, of the child which includes any of the
following:

A. Psychological and physical abuse, neglect,


cruelty, sexual abuse and emotional
maltreatment;

B. Any act by deeds or words which debases,


degrades or demeans the intrinsic worth
and dignity of a child as a human being;
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Lesson 4.4.5: Child Abuse Law and EO No. 56

Child Abuse (Cont.)


C. Unreasonable deprivation of his basic
needs for survival, such as food and
shelter; or

D. 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.

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Lesson 4.4.5: Child Abuse Law and EO No. 56

II. Circumstances which gravely


threaten or endanger children:
Being in a community where there is
armed conflict or being affected by armed
conflict-related activities;

Working under conditions hazardous to


life, safety and normal which unduly
interfere with their normal development;

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Lesson 4.4.5: Child Abuse Law and EO No. 56

Circumstances which gravely threaten or endanger


children: (Cont.)
Living in or fending for themselves in the
streets without the care of parents or a
guardian or basic services needed for a good
quality of life;

Being a member of a indigenous cultural


community and/or living under conditions of
extreme poverty or in an area which is
underdeveloped and/or lacks or has
inadequate access to basic services needed
for a good quality of life;
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Lesson 4.4.5: Child Abuse Law and EO No. 56

Circumstances which gravely threaten or endanger


children: (Cont.)
Being a victim of a man-made or natural
disaster or calamity; or

Circumstances analogous to those above


stated which endanger the life, safety or
normal development of children.

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Lesson 4.4.5: Child Abuse Law and EO No. 56

III. CHILD PROSTITUTION AND


OTHER SEXUAL ABUSE

Children, 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.

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Lesson 4.4.5: Child Abuse Law and EO No. 56

Other Sexual Abuse;


A. Those who engage in or promote, facilitate
or induce child prostitution which include,
but are not limited to, the following:

1. Acting as a procurer of a child prostitute;

2. Inducing a person to be a client of a child


prostitute by means of written or oral
advertisements or other similar means;

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Lesson 4.4.5: Child Abuse Law and EO No. 56

Other Sexual Abuse; (Cont.)


3. Taking advantage of influence or relationship
to procure a child as prostitute;

4. Threatening or using violence towards a child


to engage him as a prostitute; or

5. Giving monetary consideration goods or


other pecuniary benefit to a child with intent
to engage such child in prostitution.

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Lesson 4.4.5: Child Abuse Law and EO No. 56

Other Sexual Abuse; (Cont.)


B. Those who commit the act of sexual
intercourse of lascivious conduct with a
child exploited in prostitution or subject to
other sexual abuse;

C. Those who derive profit or advantage there


from, whether as manager or owner of the
establishment where the prostitution takes
place.

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Lesson 4.4.5: Child Abuse Law and EO No. 56

Attempt To Commit Child


Prostitution:
A. Whereof when any person who, not
being a relative of a child, is found
alone with the said child inside the
room or cubicle of a house, an inn,
hotel, motel, pension house, apartelle
or other similar establishments;
`

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Lesson 4.4.5: Child Abuse Law and EO No. 56

Attempt To Commit Child Prostitution;


(Cont.)
B. When any person is receiving services from
a child in a sauna parlor or bath, massage
clinic, health club and other similar
establishments.

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Lesson 4.4.5: Child Abuse Law and EO No. 56

IV. CHILD TRAFFICKING


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,

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Lesson 4.4.5: Child Abuse Law and EO No. 56

Attempt To Commit Child Trafficking:

A. Child travels alone to a foreign country


without valid reason and without clearance
issued by DSWD or written permit from the
child's parents or legal guardian.

B. Recruitment of women or couples to bear


children for the purpose of child trafficking.

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Lesson 4.4.5: Child Abuse Law and EO No. 56

Attempt To Commit Child Trafficking;


(Cont.)
C. Simulates birth for the purpose of child
trafficking.

D. Engaging in the act of finding children


among low-income families, hospitals,
clinics, nurseries, day-care centers, or
other child-during institutions for the
purpose of child trafficking.

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Lesson 4.4.5: Child Abuse Law and EO No. 56

BREAK.. 15 minutes
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Lesson 4.4.5: Child Abuse Law and EO No. 56

V. OBSCENE PUBLICATIONS
AND INDECENT SHOWS
Hire, employ, use, persuade, induce or
coerce a child to perform in obscene
exhibitions and indecent shows, whether live
or in video, or model in obscene publications
or pornographic materials or to sell or
distribute the said materials.

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Lesson 4.4.5: Child Abuse Law and EO No. 56

Other Acts of Neglect, Abuse,


Cruelty or Exploitation
Other acts of child abuse, cruelty or
exploitation.

Keep or have in his company a minor,


12 years or under or who is 10 years or
more his junior in any public or private
place (hotel, motel, etc.). (Ex: Police
accuse Italian ambassador of human trafficking
and child abuse, Apr 7, 2014)

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Lesson 4.4.5: Child Abuse Law and EO No. 56

Other Acts of Neglect, Abuse, Cruelty


or Exploitation; (Cont.)
Induce, deliver or offer a minor to any
one.

Owner, manager or one entrusted with


the operation of any public or private
place who allows any person to take
along with him to such place or places
any minor.

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Lesson 4.4.5: Child Abuse Law and EO No. 56

Other Acts of Neglect, Abuse, Cruelty


or Exploitation; (Cont.)
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; or

3. Conduct any illegal activities,

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Lesson 4.4.5: Child Abuse Law and EO No. 56

VI. EMPLOYMENT OF CHILDREN


Children below 15 years of age may be
employed under the following
circumstances:

Child works directly under the sole


responsibility of his parents or legal
guardian.

Child's employment in public &


entertainment through cinema, theater,
radio or television is essential.

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Lesson 4.4.5: Child Abuse Law and EO No. 56

Hours of Work of a Working Child


(RA 9231)
Age Total number of Working hours Not be
working hours allowed to
work

Below 15 not more than 20 not more than 4 8:00 PM to


hours a week hours a day 6:00 AM

15 years 40 hours a week not more than 8 10:00 PM to


but below hours a day 6:00 AM
18

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Lesson 4.4.5: Child Abuse Law and EO No. 56

Prohibition on the Employment of


Children
No person shall employ child models in all
commercials or advertisements promoting
alcoholic beverages, intoxicating drinks,
tobacco and its byproducts and violence.

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Lesson 4.4.5: Child Abuse Law and EO No. 56

Children of Indigenous Cultural


Communities
Shall be entitled to protection, survival
and development consistent with the
customs and traditions of their
respective communities.

Shall not be subjected to any and all


forms of discrimination.

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Lesson 4.4.5: Child Abuse Law and EO No. 56

VII. CHILDREN IN SITUATIONS OF


ARMED CONFLICT
A.Children as Zones of Peace
To attain this following policies shall be
observed:

1.Children shall not be the object of attack;


(Except:Doctrine of Self-Defense)

2.Children shall not be recruited to become


members of AFP or other armed groups,
nor be allowed to take part in the fighting,
or used as guides, couriers, or spies;
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Lesson 4.4.5: Child Abuse Law and EO No. 56

A.Children as Zones of Peace (Cont.)


3. Delivery of basic social services and
emergency relief services shall be kept
unhampered;

4. The safety and protection of those who


provide services both government and
non-government institutions shall be
ensured;

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Lesson 4.4.5: Child Abuse Law and EO No. 56

A.Children as Zones of Peace (Cont.)


5. Public infrastructure such as schools,
hospitals and rural health units shall not
be utilized for military purposes;

6. All appropriate steps shall be taken to


facilitate the reunion of families
temporarily separated due to armed
conflict.

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Lesson 4.4.5: Child Abuse Law and EO No. 56

B. Evacuation of Children during Armed


Conflict
. Children shall be given priority during
evacuation as a result of armed conflict.

. Community organizations shall be tapped to


look after the safety and well-being of children
during evacuation operations.

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Lesson 4.4.5: Child Abuse Law and EO No. 56

VIII. RIGHTS OF CHILDREN ARRESTED


DUE TO ARMED CONFLICT
Separate detention from adults;

Immediate free legal assistance;

Immediate notice of such arrest to the


parents or guardians of the child; and

Release of the child on recognizance within


24 hours to the DSWD or any member of
the community as determined by the court.

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Lesson 4.4.5: Child Abuse Law and EO No. 56

IX. PROTECTIVE CUSTODY OF THE CHILD

Shall be immediately placed under the


protective custody of the DSWD pursuant to
Executive Order No. 56, series of 1986.

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Lesson 4.4.5: Child Abuse Law and EO No. 56

PROTECTIVE CUSTODY OF THE CHILD:


(Cont.)
Confidentiality
The offended partys name may be
withheld from the public.

Unlawful to cause undue and


sensationalized publicity which results in the
moral degradation and suffering of the
offended party.

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Lesson 4.4.5: Child Abuse Law and EO No. 56

X. EXECUTIVE ORDER NO. 56


(Children Affected by Armed Conflict/
Grave Child Rights Violations )
Children as zones of peace.

The 1990 United Nations Convention on


the Rights of the Child (UNCRC) prohibits
the recruitment of children in armed conflict
and calls the adoption of measures to
ensure the protection and care of children
affected by armed conflict;

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Lesson 4.4.5: Child Abuse Law and EO No. 56

EXECUTIVE ORDER NO. 56; (Cont.)


Office of the Presidential Adviser on the
Peace Process (OPAPP) is hereby
directed to serve as lead agency in
coordinating and monitoring the
implementation of this Program.

National government agencies shall


develop their respective annual plans,
programs and projects consistent with the
Comprehensive Program Framework and
in accordance with their mandates.

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QUESTIONS????

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Lesson 4.4.5: Child Abuse Law and EO No. 56

Summary
After this lesson, we learned:

Children and Child Abuse

Types of Child Abuse.

Circumstances which gravely threaten or


endanger the survival and normal
development of children.

Child Prostitution, Attempted Child


Prostitution and penalties.

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Lesson 4.4.5: Child Abuse Law and EO No. 56

Summary
Child trafficking, Attempted Trafficking and
its penalty.

Children in Obscene Publications and


Indecent Shows and their penalties.

Other Acts of Neglect, Abuse, Cruelty or


Exploitation and Other Conditions
Prejudicial to the Child's Development.

Conditions and prohibitions for


employment of a child.

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Lesson 4.4.5: Child Abuse Law and EO No. 56

Summary
Policies in handling children in armed
conflict.

Rights of children arrested for reasons


related to armed conflict.

Salient points of Children Affected by


Armed Conflict/ Grave Child Rights
Violations (EO No. 56).

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Lesson 4.4.5: Child Abuse Law and EO No. 56

End of
Presentation
Thank You.

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