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Child and the law


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Child and the law

  2. 2. Who is a Child? A CHILD refers to a person below eighteen (18) years of age or one over said age and who, upon evaluation of a qualified physician, psychologist or psychiatrist, is found to be incapable of taking care of herself fully because of a physical or mental disability or condition or of protecting himself from abuse (IRR of R.A. 7610).
  4. 4. What is child abuse? Refers to the maltreatment, whether habitual or not, of the child which includes any of the following: – Cruelty – Physical Abuse – Psychological Abuse – Child Neglect – Child Sexual Abuse – Child Exploitation
  5. 5. What is Prostitution?A form of child exploitation. When children, whether male or female are, for money, profit, or any other consideration or due to coercion or influence of any adult, syndicate or group, indulge in sexual intercourse or lascivious conduct.
  6. 6. Who are punished for prostitution? Acting as a procurer of a child prostitute Inducing a person to be a client of a child prostitute by means of advertisement Taking advantage of influence of relationship to procure a child as a prostitute Giving monetary consideration, goods or other pecuniary benefit to a child with the intent to engage such child in prostitution
  7. 7. Who are punished for prostitution(cont’d)? Threatening or using violence towards a child to engage him as a prostitute Those who have sexual intercourse or lascivious conduct with a prostituted child Those who derive profit or advantage there from : ex : takes place, sauna, disco, bar, resort, place of entertainment serving as “covers” for prostituted children
  8. 8. What else is child exploitation? Hiring, employment, persuasion, inducement, or coercion of a child to perform obscene exhibitious and indecent shows, whether live or in video or film, or to pose or act as a model in obscene publications or pornographic materials, or to sell or distribute said materials
  9. 9. What else is child exploitation? – Using child, directly or indirectly, for begging – Using child as conduit or middleman in drug trafficking – Using child for other illegal activities – Employing child below 15 years of age, except:  Under sole responsibility of parents/legal guardian  Child employed in public entertainment
  10. 10. What else is child exploitation?– Attempt to commit prostitution – when any person who, not being a relative of a child, is found alone with the child inside a room or cubicle of a house, an inn, hotel, motel, pension house, apartelle or other similar places; vessels, vehicles or any other hidden or secluded area under suspicious circumstances.– When any person is receiving services from a child in a sauna parlor or bath, massage clinic, health club and similar places
  11. 11. What else is child exploitation? – Any person who shall keep or house in his company a minor, twelve (12) years or under or who is ten (10) years or more his junior in any public or private place, hotel etc. – Inducing or delivering or offering a minor to any person prohibited in law to keep or have in his company a minor – Any person, owner or manager or one entrusted with the operation of any public or private place of accommodation, who allows a person to take with him a minor to such place
  12. 12. Who must report child abuse? Head of any public/private hospital, medical clinic or similar institution Attending physician or nurse All public school teachers/administrators, probation officers, government lawyers, law enforcement officers, Barangay officials, other Govt employees whose work involves children
  13. 13. REMEMBER!!!! Failureof a mandatory reporter to report a case of suspected child abuse will result in monetary fines. – (Section 6 – IRR)
  14. 14. Where to report child abuse The nearest local office of the DSWD The nearest PNP station The National Bureau of Investigation Barangay Council for the Protection of Children Commission on Human Rights Department of Justice Task Force on Child Protection
  16. 16. RAPE IS A PUBLIC CRIME!  REMEMBER! Rape is now considered a public crime. This means that any person who has knowledge of the crime may file a complaint; consequently, even if the victim withdraws her complaint, the government (i.e. the police, prosecutor, fiscal, etc.) may proceed with the case.
  17. 17. RA 8353: The Rape Law of1997 Re-classified rape as crime vs. persons 2 ways of committing rape: – man has carnal knowledge of woman under the following circumstances: • Thru force, threat, or intimidation • When offended party is deprived of reason/unconscious • Thru fraudulent machination/grave abuse of authority • When offended party is under 12 yrs or demented
  18. 18. RA 8353: The Rape Law of 1997 (cont’d)– By any person who, under any of circumstances mentioned in paragraph 1, shall commit an act of sexual assault by: • inserting his penis into another persons mouth or anal orifice or • Inserting any instrument or object (including a finger) into the genital or anal orifice of another person
  19. 19. THIS IS WHAT THE SUPREMECOURT HAS SAID ABOUT RAPE!!!NOTE: The slightest penetration of the outer labia is sufficient. The absence of sperm in the vagina does not mean that no rape occurred
  20. 20. What is “consent”?NOTE: There is NO issue of consent for child victims under the age of 12 years old. Children under 12 CANNOT give their consent
  21. 21. WHEN MARRIAGE IS AVAILABLE There can be no valid marriage between an offender and any child victim as the Family Code mandates that marriage may only be entered into when the parties to the marriage are at least 18 years old and have the consent of their parents. Any marriage entered into before a party reaches the age of 18 is void from the beginning. A parent cannot give consent to a child who may want to marry before she turns 18 years old.
  22. 22. THE ANTI-TRAFFICKING IN PERSONS ACT Rep. Act 9208, July 2003
  23. 23. State Policy To support trafficked persons Ensure their recovery Ensure their rehabilitation Ensure their reintegration into society Recognition of UNUDHR, CRC, UN Convention on Protection of Migrant Workers and UN Convention against Transnational Organized Crime
  24. 24. TRAFFICKING OF PERSONS Recruitment, transportation, transfer or harboring, or receipt of persons WITH OR WITHOUT THE VICTIM’S CONSENT OR KNOWLEDGE, within or across national borders by any means for the purpose of exploitation (e.g. prostitution, forced labor, slavery, servitude, removal or sale of organs)
  25. 25. TRAFFICKING vs HUMAN SMUGGLING TRAFFICKING  HUMAN SMUGGLING Usually involves coercion  Usually does not Characterized by involve coercion subsequent exploitation after the illegal entry of a  Characterized by person into a foreign facilitating, for a fee, country the illegal entry of a Considered a human rights person into a foreign issue country  Considered a migration issue
  26. 26. ACTS OF TRAFFICKING To recruit, transport, transfer, harbor, provide, or receive - by any means - for prostitution, pornography, sexual exploitation, forced labor, slavery, involuntary servitude or debt bondage To introduce or match for consideration a Filipino to a foreigner for marriage in order to use her or trade her – for prostitution, pornography, sexual exploitation, forced labor, slavery, involuntary servitude or debt bondage
  27. 27. ACTS OF TRAFFICKING (2) Offer marriage or marry, real or simulated, in order to use or trade ‘spouse’ – for prostitution,pornography, sexual exploitation, forced labor, slavery, involuntary servitude or debt bondage. Adopt or facilitate adoption - for prostitution,pornography, sexual exploitation, forced labor, slavery, involuntary servitude or debt bondage.
  28. 28. ACTS OF TRAFFICKING (3) Organize tours/packages to use or offer person prostitution, pornography or sexual exploitation Maintain/hire a person for prostitution or pornography Recruit, hire, adopt, transport or abduct by any means to remove or sell organs To recruit, transport or adopt a child for armed activities here and abroad
  29. 29. QUALIFIED TRAFFICKING When the trafficked person is a child When adoption is used When crime committed by a syndicate When offender is a relative or a person who exercises authority or is a public officer or a law enforcer/military Prostitution with a military or law enforcement office When victim becomes insane or afflicted with HIV/AIDS
  31. 31. SERVICES AVAILABLE TO THE TRAFFICKEDPERSON Shelter  Medical or Counseling psychological services Freelegal aid  Livelihood and skills Overseas Filipino training Resource Centres  Educational Country Team assistance to a Approach trafficked child