Laws on children rights and protection


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Laws on children rights and protection

  2. 2. CHILD ABUSE AND EXPLOITATION1.Identify and learn the rights of children2.Identify the responsibilities of children totheir families, their communities and theircountry;3.Identify the State’s undertaking to protectthem
  3. 3. 4. Increase awareness on law on child sexualabuse (R.A No. 7610);5.Learn what constitutes child abuse and howit is committed;6. Know the penalties of the crime;
  4. 4. SIGNIFICANCEChild Abuse and Exploitation of Womenand their children are not only anational concern but a global one.Under the 1987 Constitution, Article 15,Section 3,the State ensures the rightof children to assistance includingproper care and nutrition, andspecial protection from all forms ofneglect, abuse, cruelty, exploitationand other conditions prejudicial totheir development. This is in fact arecognition of the vulnerability andspecial needs of children.
  6. 6. Filipino children and education• For every 100 Filipino children who enter Grade 1,only 67 will graduate from elementary school. Only49 will complete high school.• Participation rates in public elementary schoolshave decreased to 90% since 2000.• 4 out of 10 children (12-15 years old) are not inschool. The net enrollment ratio in public secondaryeducation in 2002 was only 57%.• The average class size across Philippine regionsranges from 33 to 50 students per class• Only 3 out of every 10 Filipino children has earlychildhood education, formal or non-formal.
  7. 7. Filipino children and health:• 22% of children under the age of five areunderweight• There is a lack of knowledge about HIV withonly 21% of the population having anunderstanding of what HIV is and how it canbe prevented.• Only 70% of children are fully immunized.
  8. 8. Filipino children and poverty:• 26.5% of the Philippines population lives belowthe poverty line.• The number of poor Filipino families has gone upfrom 4.36 million in 1985 to 5.14 million in 2000.
  9. 9. Filipino children and abuse &exploitation:• Between 1999 and 2008 12% of Filipino children tookpart in child labor• Children in the Philippines are engaged in the worstforms of child labor, particularly in agriculture,domestic work, home based industries, prostitution,trafficking and pornography• Throughout urban settings in the Philippines childrenlive and work on the streets, scavenging, begging andengaging in other income generating activities
  10. 10. Filipino children and abuse &exploitation:• Corporal punishment is illegal but still widely practicedin Filipino schools, homes and other settings• Physical and sexual abuse of children in the Philippinesis widespread and of concern
  14. 14. Laws Protecting Childrenin the Philippines• Philippine Constitution (1987)• Child and Youth Welfare Code – Presidential Decree No.603 (1974)• Special Protection of Children Against Abuse, Exploitationand 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 of2004 – R.A. No. 9262
  15. 15. Laws Protecting Childrenin the Philippines- R.A. No 9165 -Comprehensive Dangerous DrugsAct of 2002 Comprehensive Dangerous DrugsAct – with respect to minor offenders- R.A. 7658, "An Act Prohibiting the Employmentof Children Below 15 Years of Age in Public andPrivate Undertakings" was passed into law inOctober, 1993, thereby restoring the erstwhileprohibition on the employment of childrenbelow 15 years of age.
  16. 16. Laws Protecting Children inthe Philippines- R.A No. 9344 "Juvenile Justice and Welfare Act of2006.- R.A. No. 9231 - N ACT PROVIDING FOR THEELIMINATION OF THE WORST FORMS OF CHILDLABOR AND AFFORDING STRONGERPROTECTION FOR THE WORKING CHILD, (2003)- Republic Act No. 9775 AN ACT DEFINING THECRIME OF CHILD PORNOGRAPHY of 2009,- Republic Act No. 10175 Cybercrime PreventionAct of 2012 - on Cyber Child Pornography″
  17. 17. IMPORTANCE OF THE CHILD• The child is one of the mostimportant assets of the nation.Every effort should be exerted topromote a child’s well-being andenhance his/her opportunities for auseful and happy life.• The child is also a citizen of ourcountry. His/her traits andcapabilities should be developed forthe betterment of society.
  18. 18. CHILD’S DEVELOPMENTThe child’s character developmentstarts at home. Each family membershould try to make the home awholesome and harmonious place tolive in. This is because whateverhappens at home greatly influencesthe child’s development. Attachmentto the home and strong family tiesshould be encouraged.
  19. 19. CHILD’S DEVELOPMENTIt is the right and duty of parentsto raise their children. Parentsshould receive the aid and supportof the government in rearing thechild. Other institutions shouldassist the home and the nation inpreparing the child for responsibleadulthood. These institutionsInclude the school, the church,social organizations and thecommunity.
  20. 20. Children do not grow up tobe responsible adults bythemselves. They need thesupport and guidance of thedifferent sectors of society. Themost important institution thatguides children is the family. Thefamily, especially parents, haveduties to perform. Otherinstitutions that haveresponsibilities to every child areschools and the community. Eachof these institutions must worktogether to guide every child.Remember that the future of ourcountry rests on our children.
  21. 21. Parents have the following dutiestoward their children:– To give them affection, companionship andunderstanding;– To provide them with moral guidance, instilin them self discipline and religious instruction;
  22. 22. Parents have the following dutiestoward their children:– To supervise their activities, including theirrecreation;– To teach them the value of thrift and self-reliance;– To encourage them to participate in socio-civic affairs, teach them the duties of a goodcitizen, and develop the commitment to one’scountry;
  23. 23. Parents have the following dutiestoward their children• To advise them properly on any matteraffecting their development and well-being;• To always set a good example; and• To provide them with enough support.
  24. 24. The school also has duties to thechild. These include the following:• No child is to be refused admissionin public schools.• Public nursery and kindergartenschools should be maintainedwhenever possible.• There should be special classes inevery province and special schoolsfor the physically handicapped,mentally retarded, emotionallydisturbed, and gifted children.
  25. 25. The school also has duties to thechild. These include the following:• School children and students should beprovided with enough classrooms andfacilities, including playground, space andfacilities for recreation.• The school environment should be free fromdangers to the health and safety of thechildren.
  26. 26. It should be the duty of thecommunity to:• Bring about a healthy environmentnecessary to the normal growth ofchildren and the development of theirphysical, mental and spiritual well-being;• Help institutions of learning, whetherpublic or private, achieve thefundamental objectives of education;• Organize or encourage activities forthe cultivation of the interests ofchildren;
  27. 27. It should be the duty of thecommunity to:• Promote the establishment andmaintenance of adequatelyequipped playgrounds, parks andother recreational facilities;• Support parent education programsby encouraging its members toattend and actively participate inthem;• Assist the government in fightingjuvenile crimes and rehabilitatingyoung lawbreakers;
  28. 28. It should be the duty of thecommunity to:• Aid in carrying out special projects for thebetterment of children who live in theremote areas, belong to cultural minorities,or are out-of-school. They should cooperatewith private and public child welfareagencies in providing care, training andprotection to poor, abandoned, neglected,abused and handicapped children;
  29. 29. It should be the duty of thecommunity to:• And Barangay councils, socio-civicassociations and youth associations shouldbe developed and maintained in thecommunity to guide and train children interms of education, social responsibility andcare for the environment.
  30. 30. United Nations Conventionon the Rights of the Child
  31. 31. The United Nations Convention on theRights of the Child (commonlyabbreviated as the CRC, CROC,or UNCRC) is a human rightstreaty setting out the civil, political,economic, social, health and culturalrights of children. The Conventiondefines a child as any human beingunder the age of eighteen, unlessunder states own domestic legislationmajority is attained earlier.The Philippines became a signatory ofthe convention on January 26, 1990.
  32. 32. Nations that ratify this convention arebound to it by international law.Compliance is monitored by theUN Committee on the Rights of theChild, which is composed of membersfrom countries around the world.Once a year, the Committee submits areport to the Third Committee ofthe United Nations General Assembly,which also hears a statement from theCRC Chair, and the Assembly adopts aResolution on the Rights of the Child.
  33. 33. The UN General Assembly adoptedthe Convention and opened it forsignature on 20 November 1989(the 30th anniversary of itsDeclaration of the Rights of theChild). It came into force on 2September 1990, after it wasratified by the required number ofnations. Currently, 193 countries areparty to it, including every memberof the United Nationsexcept Somalia, South Sudan andthe United States. Somalias cabinetministers had announced plans inlate 2009 to ratify the treaty.
  34. 34. Two optional protocols wereadopted on 25 May 2000. The FirstOptional Protocol restricts theinvolvement of children in militaryconflicts, and the Second OptionalProtocol prohibits the sale ofchildren, childprostitution and childpornography. Both protocolshave been ratified by more than140 states.
  35. 35. Guiding PrincipleThe guiding principles of theConvention include non-discrimination; adherence to thebest interests of the child; theright to life, survival anddevelopment; and the right toparticipate. They represent theunderlying requirements for anyand all rights to be realized.
  36. 36. Classification of Rights underthe ConventionSURVIVAL AND DEVELOPMENT RIGHTSThese are rights to the resources, skills andcontributions necessary for the survival and fulldevelopment of the child. They include rights toadequate food, shelter, clean water, formaleducation, primary health care, leisure andrecreation, cultural activities and information abouttheir rights. These rights require not only theexistence of the means to fulfill the rights but alsoaccess to them. Specific articles address the needs ofchild refugees, children with disabilities and childrenof minority or indigenous groups. Arts. 4, 11,19,20,21,22 and 32.
  37. 37. Classification of Rights under theConventionProtection rights : These rights includeprotection from all forms of child abuse,neglect, exploitation and cruelty, includingthe right to special protection in times of warand protection from abuse in the criminaljustice system.Arts. 4,11,19,20,21,22,32,33,34,35,36,37,38,39,40,41
  38. 38. Classification of Rightsunder the ConventionParticipation rights :Children are entitled to the freedom toexpress opinions and to have a say inmatters affecting their social, economic,religious, cultural and political life.Participation rights include the right toexpress opinions and be heard, the rightto information and freedom ofassociation. Engaging these rights as theymature helps children bring about therealization of all their rights and preparesthem for an active role in society.
  39. 39. Classification of Rights under theConventionThe equality and interconnection of rights arestressed in the Convention. In addition togovernments’ obligations, children and parentsare responsible for respecting the rights ofothers—particularly each other. Children’sunderstanding of rights will vary depending onage and parents in particular should tailor theissues they discuss, the way in which theyanswer questions and discipline methods to theage and maturity of the individual child. Arts.4,12,13,14,15,16,17
  40. 40. Article 1 - Everyone under 18 years of age has allthe rights in this Convention.Article 2 - The Convention applies to everyone, whatevertheir race, religion, abilities; whatever they think or say,whatever type of family they come from.Article 3 - All organizations concerned with children shouldwork towards what is best for each child.Article 4 - Governments should make these rightsavailable to children.
  41. 41. Article 5 - Governments should respect the rights andresponsibilities of families to direct and guide theirchildren so that, as they grow, they learn to usetheir rights properly.Article 6 – All children have the right to life.Governments should ensure that children surviveand develop healthily.Article 7 - All children have the right to a legallyregistered name, and nationality. Also the right toknow and, as far as possible, to be cared for bytheir parents.
  42. 42. Article 8 – Governments should respect children’s right to aname, a nationality and family ties.Article 9 - Children should not be separated from theirparents unless it is for their own good. For example, if aparent is mistreating or neglecting a child. Children whoseparents have separated have the right to stay in contactwith both parents, unless this might hurt the child.Article 10 - Families who live in different countries should beallowed to move between those countries so that parentsand children can stay in contact, or get back together as afamily.
  43. 43. Article 11 - Governments should takesteps to stop children being takenout of their own country illegally.Article 12 - Children have the right tosay what they think should happen,when adults are making decisionsthat affect them, and to have theiropinions taken into account.
  44. 44. Article 13 - Children have the right to get and toshare information, as long as the information is notdamaging to them or to others.Article 14 - Children have the right to think and believewhat they want, and to practice their religion, aslong as they are not stopping other people fromenjoying their rights. Parents should guide theirchildren on these matters.Article 15 - Children have the right to meet togetherand to join groups and organizations, as long as thisdoes not stop other people from enjoying theirrights.
  45. 45. Article 16 - Children have a right to privacy. Thelaw should protect them from attacks againsttheir way of life, their good name, their familiesand their homes.Article 17 - Children have the right to reliableinformation from the mass media. Television,radio, and newspapers should provideinformation that children can understand, andshould not promote materials thatcould harm children.
  46. 46. Article 18 - Both parents shareresponsibility for bringing up theirchildren, and should always considerwhat is best for each child.Governments should help parents byproviding services to support them,especially if both parents work.
  47. 47. Article 19 - Governments should ensurethat children are properly cared for,and protect them from violence,abuse and neglect by their parents, oranyone else who looks after them.Article 20 - Children who cannot belooked after by their own family mustbe looked after properly, by peoplewho respect their religion, cultureand language.
  48. 48. Article 21 - When children are adopted the firstconcern must be what is best for them. Thesame rules should apply whether the childrenare adopted in the country where they wereborn, or if they are taken to live in anothercountry.
  49. 49. Article 22 - Children who come into a country asrefugees should have the same rights as childrenborn in that country.Article 23 - Children who have any kind ofdisability should have special care andsupport, so that they can lead full andindependent lives.
  50. 50. Article 24 - Children have theright to good quality healthcare, to clean water,nutritious food, and a cleanenvironment, so that theywill stay healthy. Richcountries should help poorercountries achieve this.
  51. 51. Article 25 - Children who are looked afterby their local authority, rather thantheir parents, should have theirsituation reviewed regularly.Article 26 - The Government shouldprovide extra money for the childrenof families in need.
  52. 52. Article 27 - Children have a right to a standardof living that is good enough to meet theirphysical and mental needs. TheGovernment should help families whocannot Afford to provide this.Article 28 - All children and young people havea right to a primary education, which shouldbe free. Wealthy countries should helppoorer countries achieve this. Discipline inschools should respect children’s humandignity. Young people should beencouraged to reach the highest level ofeducation they are capable of.
  53. 53. Article 29 - Education should develop each childspersonality and talents to the full. It should encouragechildren to respect their parents, and their own andother cultures.Article 30 - Children have a right to learn and usethe language and customs of their families, whetherthese are shared by the majority of people in thecountry or not.Article 31 - All children have a right to relax and play,and to join in a wide range of activities.
  54. 54. Article 32 - The Government should protectchildren from work that is dangerous, or mightharm their health or their education.Article 33 -The Government should provide waysof protecting children from dangerous drugs.Article 34 - The Government should protectchildren from sexual abuse.
  55. 55. Article 35 - The Government should make surethat children are not abducted or sold.Article 36 - Children should be protected fromany activities that could harm theirdevelopment.Article 37 - Children who break the law shouldnot be treated cruelly. They should not be putin prison with adults and should be able tokeep in contact with their families.
  56. 56. Article 38 - Governments should notallow children under 16 to join thearmy.Article 39 – Children who have beenneglected or abused should receivespecial help to restore their self-respect.Article 40 - Children who are accused ofbreaking the law should receive legalhelp. Prison sentences for childrenshould only be used for the mostserious offences.
  57. 57. Article 41 - If the laws of a particular countryprotect children better than the articles oftheConvention, then those laws should stay.Article 42 - The Government should make theConvention known to parents and children.The Convention on the Rights of the Child has54 articles in all. Articles 43-54 are abouthow adults and governments should worktogether to make sure all children get alltheir rights.
  59. 59. WHAT IS CHILD ABUSE,EXLOITATION ANDDISCRIMINATION?Child Abuse is now definedspecifically under Republic ActNo. 7610 otherwise known asthe SPECIAL PROTECTION OFCHILDREN AGAINST CHILDABUSE, EXPLOITATION ANDDICRIMINATION ACT which tookeffect on August 1992.
  60. 60. WHAT IS CHILD ABUSE,EXLOITATION ANDDISCRIMINATION?This was passed promoting thepolicy of the state to protect andrehabilitate children gravelythreatened and endangered bycircumstances that will affect theirsurvival and normal developmentand over which they have nocontrol.CHILD ABUSE as defined in this law isa form of MALTREATMENT of thechild, whether habitual or not, andwhich may be committed invarious forms.
  61. 61. WHAT IS CHILD ABUSE, EXLOITATIONAND DISCRIMINATION?1. Psychological and physicalabuse, neglect, cruelty, sexualabuse and emotionalmaltreatment;2. Any act by deeds or wordswhich debases, degrades ordemeans the intrinsic worthand dignity of a child as ahuman being;
  62. 62. WHAT IS CHILD ABUSE, EXLOITATIONAND DISCRIMINATION?3. Unreasonable deprivation of hisbasic needs for survival, such asfood and shelter; or4. Failure to immediately givemedical treatment to an injuredchild resulting in seriousimpairment of his growth anddevelopment and in his permanentincapacity or death;
  63. 63. CHILD ABUSER.A. No.7610 does not limitchild abuse to offensesperpetrated by personsunder whose care thevictim is committed. Thedefinition covers allabusive acts of ANYPERSON.
  64. 64. CHILD ABUSEBy this reason, child abuseunder R.A. No. 7610 per seis not punished as distinctand separate crime but issubsumed by ordinarycrimes. Hence, sexualabuse of the father iscovered under the crime ofrape. The relationship ofthe offender to the victimserves merely as acircumstance thataggravates the act.
  65. 65. PENAL LAWSSome forms of child abuseare punishable under theRevised Penal Code.Child battering may bepunished under Physicalinjuries. Sexual abuse ispunished under RAPE, Actsof Lasciviousness, Rape andSeduction.Verbal or physical assaultwhich debase the dignity ofthe child may be basis forprosecution under Libel andSlander by Deed.
  66. 66. PENAL LAWSPersons in charge of thecustody of children below7 years old of age whoabandons him to put hislife in danger as to resultin his death are guilty ofabandoning a minorunder Article 276 of theRevised Penal Code (RPC).
  67. 67. PENAL LAWSA person upon whose carea child is entrusted,delivers said child to aninstitution without theconsent of the personwho entrusted the childshall be guilty ofAbandonment of a Minorby a Person EntrustedWith His Custody (Art.277, RPC)
  68. 68. OTHER FORMS OFCHILD ABUSECriminal Liability of Parents1.Abandon the child under suchcircumstances as to deprivehim of the love, care andprotection he needs.2.Neglect the education of thechild or to give him theeducation which the family’sstatus permits.3.Fails or refuses to enrol thechild without justifiablegrounds;
  69. 69. OTHER FORMS OFCHILD ABUSE4. Causes, abates or permitsthe truancy of a child fromschool where he is enrolled.Truancy means absencewithout cause for morethan twenty school days,not necessarily consecutive.5. Improperly exploit the childby using him, directly orindirectly, such as, forpurposes of begging andother acts which areinimical to his interest andwelfare; or
  70. 70. OTHER FORMS OFCHILD ABUSE6. Inflict cruel and unusualpunishment or subject himdeliberately to indignationand other excessivechastisements thatembarrass or humiliate;7. Cause or encourage thechild to lead an immoral ordissolute life;
  71. 71. OTHER FORMS OFCHILD ABUSE8. Permits the child to possesshandle or carry a deadlyweapon regardless ofownership;9. Allows or requires the childto drive without license orwith a license which theparent knows to have beenillegally possessed.
  72. 72. OTHER FORMS OFCHILD ABUSEThe acts are punishable byimprisonment from two tosix months and a fine notexceeding five hundredpesos or both at thediscretion of the court.
  73. 73. SEXUAL ABUSE AND EXPLOITATIONSexual Abuse1.Where children are victims ofRape and Sexual Assault;2.Child Prostitution, whichrefers to the commercialactivity where children areused to offer their bodies tosatisfy the lust and desires ofclients; and3.Pornography where childrenare used in shows, movies,prints and commercialadvertisements as object ofsex without physical contact.
  74. 74. SEXUAL ABUSEAND EXPLOITATION RAPE as defined andpunished under Article266-A and 266-B of theRevised Penal Codepursuant To R.A. No.8353.Rape: When And HowCommitted. - Rape iscommitted:1) By a man who shallhave carnal knowledge ofa woman under any of thefollowing circumstances:
  75. 75. SEXUAL ABUSEAND EXPLOITATION a) Through force, threat, orintimidation;b) When the offended party isdeprived of reason orotherwise unconscious;c) By means of fraudulentmachination or grave abuseof authority; andd) When the offended partyis under twelve (12) yearsof age or is demented, eventhough none of thecircumstances mentionedabove be present.
  76. 76. SEXUAL ABUSE AND EXPLOITATION2) By any person who, underany of the circumstancesmentioned in paragraph 1hereof, shall commit an actof sexual assault byinserting his penis intoanother persons mouth oranal orifice, or anyinstrument or object, intothe genital or anal orificeof another person.
  77. 77. SEXUAL ABUSE AND EXPLOITATIONPENALTY for Rape by sexualassault is reclusion perpetua.Whenever the rape iscommitted with the use of adeadly weapon or by two ormore persons, the penalty shallbe reclusion perpetua to death."When by reason or on theoccasion of the rape, the victimhas become insane, the penaltyshall become reclusion perpetuato death.
  78. 78. SEXUAL ABUSE AND EXPLOITATION"When the rape is attemptedand a homicide iscommitted by reason or onthe occasion thereof, thepenalty shall be reclusionperpetua to death."When by reason or on theoccasion ofthe rape,homicide is committed, thepenalty shall be death.
  79. 79. SEXUAL ABUSEANDEXPLOITATIONThe death penalty shall alsobe imposed if the crime ofrape is committed with anyof the followingaggravating/qualifyingcircumstances:"l) When the victim is undereighteen (18) years of ageand the offender is aparent, ascendant, step-parent, guardian, relative byconsanguinity or affinitywithin the third civil degree,or the common-law spouseof the parent of the victim;
  80. 80. SEXUAL ABUSEANDEXPLOITATION "2) When the victim isunder the custody of thepolice or military authoritiesor any law enforcement orpenal institution;"3) When the rape iscommitted in full view ofthe spouse, parent, any ofthe children or otherrelatives within the thirdcivil degree ofconsanguinity;
  81. 81. SEXUAL ABUSEANDEXPLOITATION"4) When the victim is areligious engaged inlegitimate religiousvocation or calling and ispersonally known to besuch by the offenderbefore or at the time ofthe commission of thecrime;"5) When the victim is achild below seven (7)years old;
  82. 82. SEXUAL ABUSE ANDEXPLOITATION "6) When the offender knows thathe is afflicted with the HumanImmuno-Deficiency Virus(HIV)/Acquired Immune DeficiencySyndrome (AIDS) or any othersexually transmissible disease andthe virus or disease is transmittedto the victim;"7) When committed by anymember of the Armed Forces ofthe Philippines or para-militaryunits thereof or the PhilippineNational Police or any lawenforcement agency or penalinstitution, when the offendertook advantage of his position tofacilitate the commission of thecrime;
  83. 83. SEXUAL ABUSE ANDEXPLOITATION"8) When by reason or on theoccasion of the rape, the victimhas suffered permanent physicalmutilation or disability;"9) When the offender knew ofthe pregnancy of the offendedparty at the time of thecommission of the crime; and"10) When the offender knew ofthe mental disability, emotionaldisorder and/or physicalhandicap of the offended partyat the time of the commission ofthe crime.
  84. 84. SEXUAL ABUSE ANDEXPLOITATIONRAPE of children belowtwelve is consideredStatutory Rape, even ifdone with consent orwithout using force orintimidation. Theunderlying reason ischildren below twelvecannot give valid consent.Penalty is DEATH.
  85. 85. SEXUAL ABUSE ANDEXPLOITATION If child is at least 12 of age andhad consented to sexualintercourse with a person inpublic authority, anascendant, a descendant, aguardian, a teacher, a priestor any person who had beenentrusted with the educationand custody of the child willconstitute the crime ofqualified seduction underArt. 337 of the Revised PenalCode. – Reason is there isabuse of confidence andauthority by reason of hisrelationship with the victim.
  86. 86. SEXUAL ABUSE ANDEXPLOITATIONIf there is no abuse authority butthere is deceit employed by theoffender, he will be criminallyliable for simple seduction. Thecrime however can only beprosecuted if the victim is avirgin and with goodreputation.Rape under paragraph 1 may becommitted only on a femaleexcept for paragraph 2 aswhichcan be committed by anyperson by inserting his penisinto another persons mouth oranal orifice, or any instrumentor object, into the genital oranal orifice of another person.
  87. 87. SEXUAL ABUSE ANDEXPLOITATIONActs of Lasciviousness(1)that the offender commitsany act of lasciviousness orlewdness; and(2) that it is done under any ofthe following circumstances:(a) by using force orintimidation;(b) when the offended womanis deprived of reason orotherwise unconscious; or(c) when the offended party isunder twelve (12) years ofage.
  88. 88. SEXUAL ABUSE ANDEXPLOITATIONThe term “lewd” is commonlydefined as somethingindecent or obscene; it ischaracterized by orintended to excite crudesexual desire. That anaccused is entertaining alewd or unchaste design isnecessarily a mentalprocess the existence ofwhich can be inferred byovert acts carrying out suchintention, i.e., by conductthat can only beinterpreted as lewd orlascivious.
  89. 89. SEXUAL ABUSE ANDEXPLOITATION The presence or absenceof lewd designs is inferredfrom the nature of theacts themselves and theenvironmentalcircumstances. What isor what is not lewdconduct, by its verynature, cannot bepigeonholed into aprecise definition.
  90. 90. SEXUAL ABUSE ANDEXPLOITATIONActs of lasciviousness can becommitted against anysex. THE crime ispenalized by prisioncorrectional. In addition ifthere is consent to the act,girls below 18 but over 12of age can file cases foracts of lasciviousness withconsent under Art. 339 ofthe Revised Penal Code.
  91. 91. CHILDPROSTITUTIONChild Prostitution as definedby R.A. No. 7610 as anyactivity whereby children,whether male or female,indulge in sexual intercourseor lascivious conduct forprofit or any otherconsideration of due tocoercion or influence of anyadult. The law does notpenalize those childreninvolved in prostitution onlythose who exploited thechildren
  92. 92. CHILDPROSTITUTIONChild Prostitution as definedby R.A. No. 7610 as anyactivity whereby children,whether male or female,indulge in sexual intercourseor lascivious conduct forprofit or any otherconsideration of due tocoercion or influence of anyadult. The law does notpenalize those childreninvolved in prostitution onlythose who exploited thechildren.
  93. 93. CHILDPROSTITUTIONWho are penalized?1.Those who promote orfacilitate child prostitution.• Acting as a procurer of a childprostitute;• Inducing a person to be aclient of a child prostitute bymeans of written or oraladvertisements or othersimilar means;
  94. 94. CHILDPROSTITUTION• Taking advantage ofinfluence or relationship toprocure a child as aprostitute;• Threatening or using violencetowards a child to engagehim as a prostitute; or• Giving monetaryconsideration, goods or otherpecuniary benefit to a childwith the intent to engagesuch child in prostitution.
  95. 95. CHILDPROSTITUTION2. Those who actually commitsexual intercourse with thechild.Person who commit carnalknowledge with childprostitute below 12 is guilty ofRAPE. But in R.A. No. 7610,any person who engages insexual activity with childbelow 18 but over 12 isprosecuted for crime of childprostitution.If no sexual intercourse, acts oflasciviousness
  96. 96. CHILDPROSTITUTION3. Those who derive oradvantage therefrom.Those who promote childprostitution and those whoderive profit or advantagethereform as well as thosewho commit sexual activity.
  97. 97. CHILDPROSTITUTIONThose who derive profit oradvantage therefrom,whether as manager orowner of the establishmentwhere the prostitution takesplace, or of the sauna, disco,bar, resort, place ofentertainment orestablishment serving as acover or which engages inprostitution in addition tothe activity for which thelicense has been issued tosaid establishment.
  98. 98. Child Pornography refers to the use, exhibitionand depiction of children as mere objects ofobscenity, immorality and indecency in liveshows, movies, television, newspapers,magazines and other forms of media.
  99. 99. R.A. No.7610 penalizes any person who shall hire,employ, use, persuade, induce or coerce a child toperform in obscene exhibitions and indecentshows whether live or video, pose or model inobscene publications or pornographic materials orto sell or distribute the said materials.The law prohibits the employment of children asmodel in all commercials or advertisementpromoting alcohol beverages, intoxicating drinks,tobacco and its by products and violence.
  100. 100. Any person who shall engage in trading anddealing with children including, but not limitedto, the act of buying and selling of a child formoney, or for any other consideration, orbarter, shall suffer the penalty of reclusiontemporal to reclusion perpetua. The penaltyshall be imposed in its maximum period whenthe victim is under twelve (12) years of age.
  101. 101. Sale of children involves the actual transfer anddelivery of custody or ownership of childrenby the person who has actual custody over thechildren into hands of another person andthat the other person obligates to pay, inexchange, a certain sum of money.
  102. 102. Child Trafficking – involves a more habitualtrading of children whereby the buying andselling become more of a business venture.The trafficker is actually a middlemanfacilitating the barter and exchange ofchildren.
  103. 103. Purpose or motive of sale of children varies. It may be forprostitution as in the case of a provincial lasses areabducted and are brought in prostitution in the urbanplaces. Some children, infants in particular are sold tochildless couples and some are adopted to becomeorgan donors. The inter country adoption Act of 1995or R.A. No. 8043 provides safeguards to prevent childtrafficking cloaked with legality through adoptionproceedings.
  104. 104. Attempt to Commit Child Trafficking. – There is anattempt to commit child trafficking under Section 7 ofR.A. No.7610• (a) When a child travels alone to a foreign countrywithout valid reason therefor and without clearanceissued by the Department of Social Welfare andDevelopment or written permit or justification fromthe childs parents or legal guardian;• (c) When a person, agency, establishment or child-caring institution recruits women or couples to bearchildren for the purpose of child trafficking; or
  105. 105. • (d) When a doctor, hospital or clinic official oremployee, nurse, midwife, local civil registrar orany other person simulates birth for the purposeof child trafficking; or• (e) When a person engages in the act of findingchildren among low-income families, hospitals,clinics, nurseries, day-care centers, or other child-during institutions who can be offered for thepurpose of child trafficking.
  106. 106. OTHER FORMS OF CHILD ABUSEAny person who shall keepor have in his company aminor, twelve (12) years orunder or who in ten (10)years or more his junior inany public or private place,hotel, motel, beer joint,discotheque, cabaret,pension house, sauna ormassage parlor, beachand/or other tourist resortor similar places.Any person who shall induce,deliver or offer a minor to anyone prohibited by this Act tokeep or have in his company aminor as provided in thepreceding paragraph
  107. 107. OTHER FORMS OF CHILD ABUSEAny person, owner,manager or oneentrusted with theoperation of any publicor private place ofaccommodation, whetherfor occupancy, food,drink or otherwise,including residentialplaces, who allows anyperson to take alongwith him to such place orplaces any minor
  108. 108. OTHER FORMS OF CHILD ABUSE• Any person who shall use, coerce,force or intimidate a street childor any other child to;• (1) Beg or use begging as a meansof living;• (2) Act as conduit or middlemenin drug trafficking or pushing.For drug pushers who use minors asrunners, couriers and messengersor in any other capacity directlyconnected to the dangerousdrugs and/or ontrolled precursorsand essential chemical trade shallbe imposed the maximumpenalty. (Sec. 5, R.A. 9165)
  109. 109. CHILD LABORUnder R.A. No. 9231, children belowfifteen (15) years of age shall not beemployed except:• "1) When a child works directlyunder the sole responsibility ofhis/her parents or legal guardianand where only members of his/herfamily are employed: Provided,however, That his/her employmentneither endangers his/her life,safety, health, and morals, norimpairs his/her normaldevelopment: Provided, further,That the parent or legal guardianshall provide the said child with theprescribed primary and/orsecondary education;
  110. 110. CHILD LABOR• Prohibition Against Worst Formsof Child Labor. – No child shall beengaged in the worst forms ofchild labor. The phrase "worstforms of child labor" shall referto any of the following:• "(1) All forms of slavery, asdefined under the "Anti-trafficking in Persons Act of2003", or practices similar toslavery such as sale andtrafficking of children, debtbondage and serfdom andforced or compulsory labor,including recruitment of childrenfor use in armed conflict;
  111. 111. CHILD LABOR• "(2) The use, procuring,offering or exposing of a childfor prostitution, for theproduction of pornography orfor pornographicperformances; or• "(3) The use, procuring oroffering of a child for illegal orillicit activities, including theproduction and trafficking ofdangerous drugs and volatilesubstances prohibited underexisting laws;
  112. 112. CHILD LABOR"(4) Work which, by its natureor the circumstances inwhich it is carried out, ishazardous or likely to beharmful to the health, safetyor morals of children, suchthat it:• "a) Debases, degrades ordemeans the intrinsic worthand dignity of a child as ahuman being: or
  113. 113. CHILD LABOR• "b) Exposes the child tophysical, emotional or sexualabuse, or is found to be highlystressful psychologically ormay prejudice morals; or• "c) Is performed underground,underwater or at dangerousheights; or• "d) Involves the use ofdangerous machinery,equipment and tools such aspower-driven or explosivepower-actuated tools; or
  114. 114. CHILD LABOR• "e) Exposes the child to physicaldanger such as, but not limited tothe dangerous feats of balancing,physical strength or contortion,or which requires the manualtransport of heavy loads; or• "f) Is performed in an unhealthyenvironment exposing the childto hazardous working conditions,elements, substances, co-agentsor processes involving ionizing,radiation, fire, flammablesubstances, noxious componentsand the like, or to extremetemperatures, noise levels, orvibrations;
  115. 115. CHILD LABOR• "g) Is performed underparticularly difficultconditions: or• "h) Exposes the child tobiological agents such asbacteria, fungi, viruses,protozoans, nematodes andother parasites; or• "I) Involves the manufactureor handling of explosivesand other pyrotechnicproducts."
  116. 116. Other Provisions• Children of indigenous cultural communities shallnot be subjected to any and all forms ofdiscrimination.• Children are hereby declared as Zones of Peace.It shall be the responsibility of the State and allother sectors concerned to resolve armedconflicts in order to promote the goal of childrenas zones of peace. (Child Combatants)
  117. 117. Other Provisions• Any child who has beenarrested for reasons relatedto armed conflict, either ascombatant, courier, guideor spy is entitled to thefollowing rights;• (a) Separate detention fromadults except wherefamilies are accommodatedas family units;• (b) Immediate free legalassistance;
  118. 118. Other Provisions(c) Immediate notice ofsuch arrest to the parentsor guardians of the child;and(d) Release of the child onrecognizance within twenty-four (24) hours to the custodyof the Department of SocialWelfare and Development orany responsible member ofthe community as determinedby the court.
  119. 119. Other Provisions• Section 26. Monitoring andReporting of Children inSituations of Armed Conflict.– The chairman of thebarangay affected by thearmed conflict shall submitthe names of children residingin said barangay to themunicipal social welfare anddevelopment officer withintwenty-four (24) hours fromthe occurrence of the armedconflict.
  120. 120. WHO CAN FILE THE CASE?• Complaints on cases of unlawfulacts committed against thechildren as enumerated hereinmay be filed by the following:• (a) Offended party;• (b) Parents or guardians;• (c) Ascendant or collateral relativewithin the third degree ofconsanguinity;
  121. 121. WHO CAN FILE THE CASE?• (d) Officer, social worker orrepresentative of a licensed child-caring institution;• (e) Officer or social worker of theDepartment of Social Welfare andDevelopment;• (f) Barangay chairman; or• (g) At least three (3) concernedresponsible citizens where theviolation occurred.
  122. 122. Special Protective LegalMeasures for Children• Protective Custody of the Child. –The offended party shall beimmediately placed under theprotective custody of theDepartment of Social Welfare andDevelopment pursuant to ExecutiveOrder No. 56, series of 1986. In theregular performance of this function,the officer of the Department ofSocial Welfare and Developmentshall be free from any administrative,civil or criminal liability. Custodyproceedings shall be in accordancewith the provisions of PresidentialDecree No. 603.
  123. 123. Special Protective LegalMeasures for ChildrenConfidentiality. – At the instance ofthe offended party, his name maybe withheld from the public untilthe court acquires jurisdictionover the case.
  124. 124. Special Protective LegalMeasures for Children• It shall be unlawful for any editor,publisher, and reporter or columnist incase of printed materials, announcer orproducer in case of television and radiobroadcasting, producer and director ofthe film in case of the movie industry, tocause undue and sensationalizedpublicity of any case of violation of thisAct which results in the moraldegradation and suffering of theoffended party.• Special Court Proceedings. – Casesinvolving violations of this Act shall beheard in the chambers of the judge ofthe Regional Trial Court duly designatedas Juvenile and Domestic Court.
  125. 125. As quoted from Kenny Guinn:“I believe the best service to the child isthe service closest to the child, and childrenwho are victims of neglect, abuse, orabandonment must not also be victims ofbureaucracy. They deserve our devotedattention, not our divided attention.”