Special Protection Against Child Abuse, Exploitation and Discrimination, and for Other Purposes Overview It seeks to provide special protection for children from all forms of abuse, neglect, cruelty, exploitation, and discrimination, and other conditions that may hamper the childs development. This law also includes programs for prevention and intervention in situations of child abuse, exploitation, and discrimination. Article I Sec. 2. Declaration of State Policy and Principles
.The State is responsible for the child when the
parent, guardian, teacher or person having care or custody to the child is unable to protect the child against abuse, exploitation, and discrimination. More so, when such act is committed by the parents, teachers or guardians, the state will also intervene The State is responsible for the children who are endangered by these circumstances. Every effort should be done to promote the well being of the children, and the best interest of the child should be the utmost priority whether it would be undertaken by the public or private social welfare institutions Sec. 3, Art. I - Definition of Terms Children - Refer to persons below 18 years of age or those who are over 18 but are unable to fully take care of themselves or protect themselves from abuse, neglect, cruelty, exploitation and discrimination because of a physical and mental disability or condition. 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. Circumstances that threatens or hampers the development of the child include:
(1) Working under hazardous conditions;
(2) Living in a community where there is armed conflict (3) Living in or fending for themselves in the streets of urban or rural areas without the care of parents or guardians (4) Victims of man-made or natural calamity (5) Being a member of an indigenous community and/or living under condition of extreme poverty (6) Circumstances analogous to those abovestated Comprehensive Programs against child abuse exploitation ad discrimination include:
(1) Child Prostitution
(2) Child Trafficking (3) Obscene publications and indecent shows Article III Child Prostitution and Other Sexual Abuse
Children who are exploited in prostitution or
other sexual abuse are those individuals who for money, profit, or any other consideration or due to coercion or influence of any adult or syndicate or group, indulge in sexual intercourse or lascivious conduct. This applies to both males and females. Penalties Reclusion Temporal or Reclusion Perpetua will be imposed to those people who:
- Act as a procurer of a child prostitute
- Induce a person to be a client of a child prostitute - Take advantage of influence or relationship to procure a child as a prostitute - Use violence to force a child to engage in prostitution - Give monetary consideration or other benefits to convince a child to engage in prostitution Article 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 of any other consideration, or barter. Penalties Any person in Child Trafficking shall suffer the penalty of Reclusion Temporal to Reclusion Perpetua. However, if the child is under 12 years of age, the penalty shall be imposed in its maximum period. Article V Obscene Publications and Indecent Shows
Any person who shall hire, employ, use or
persuade or coerce a child to perform in obscene exhibitions and indecent shows whether live or in video, pose, or model in obscene publications or pornographic materials or to sell or distribute the said materials. Penalties
Any person who shall be guilty of committing
such act shall suffer the penalty of prison mayor in its medium period. However, if the child is below 12 years old, the penalty should be imposed on its maximum period. Guardians who allow their child to perform obscene exhibitions and indecent shows will also be given prison mayor as punishment. Article VI Other Acts of Abuse Sec. 10(e) Any person who shall use, coerce, force or intimidate a street child or any 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 Article VII Sanctions for Establishments or Enterprises
.shall be immediately closed and their
authority or license to operate cancelled, without prejudice to the owner or manager thereof being prosecuted under this Act and/or the Revised Penal Code, as amended, or special laws. A sign with the words Off Limits shall be conspicuously displayed outside the establishments or enterprises Article VIII Working Children Children below fifteen (15) years of age may be employed given that:
(1) The child works directly under the sole
responsibility of his parents or legal guardian and where only members of the employers family are employed. (2) The childs employment or participation in public & entertainment or information through cinema, theater, radio or television is essential. Article VIII Working Children (1) The employer shall secure a work permit for the child from the Department of Labor and Employment (2) The employer should ensure the morals, safety, protection and health of the child. And provide measures to prevent exploitation. (3) Formulate and implement a continuous program for training and skills acquisition for the child Children are also not allowed to appear in advertisements that promote alcoholic beverages, intoxicating drinks, tobacco and its by products and violence. Article X Children in Situations of Armed Conflict
Sec. 22 Children as Zones of Peace
(b) Children shall not be recruited to become members
of the Armed Forces of the Philippines of its civilian units or other armed groups, nor be allowed to take part in the fighting, or used as guides couriers, or spies. Sec. 26 Rights of Children Arrested for Reasons Related to Armed Conflict
(a) Separate detention from adults except where
families are accommodated as family units (b) Immediate free legal assistance (c) Immediate notice of such arrest to the parents or guardians of the child (d) Release of the child on recognizance within 24hrs to the custody of the DSWD Article XI Remedial Procedure Sec. 27 Who May File a Complaint.
(a) Offended Party
(b) Parents or Guardians (c) Ascendant or collateral relative w/in the 3rd degree of consanguinity (d) Officer, social worker or representative of a licensed child-caring institution (e) Officer or social worker of DSWD (f) Barangay Chairman (g) At least 3 concerned responsible citizens where the violation occurred.