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Legal Framework: Laws & Issuances on
Child Protection
Who is a
Child?
A person below 18 y/o, or
A person above 18 y/o but is unable to fully
take care or protect himself/herself because
of a physical or mental disability or condition
(RA 7610)
What is
Child
Abuse?
It is the maltreatment of the child:
1. Psychological & sexual abuse, neglect, cruelty,
sexual abuse, 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 &
development or in his permanent
incapacity or death.
(RA7610)
Violence
Against Women
& Children
What is violence against women & children?
• Any act or a series of acts committed by any person
against a woman who is his wife, former wife, or against
a woman with whom the person has or had a sexual or
dating relationship, or with whom he has a
common child, or against her child whether
legitimate or illegitimate, within or without the family
abode, which result in or is likely to result in physical,
sexual, psychological harm or suffering, or economic
abuse including threats of such acts, battery, assault,
coercion, harassment or arbitrary deprivation of liberty.
Violence
Against Women
& Children
What is violence against women & children?
• Any act or a series of acts committed by any person
against a woman who is his wife, former wife, or against
a woman with whom the person has or had a sexual or
dating relationship, or with whom he has a
common child, or against her child whether
legitimate or illegitimate, within or without the family
abode, which result in or is likely to result in physical,
sexual, psychological harm or suffering, or economic
abuse including threats of such acts, battery, assault,
coercion, harassment or arbitrary deprivation of liberty.
A single sexual act
which may or may
not result in the
bearing of a
common child.
a situation wherein the parties live as
husband and wife without the benefit of
marriage or are romantically involved over
time and on a continuing basis during the
course of the relationship. A casual
acquaintance or ordinary socialization
between two individuals in a business or
social context is not a dating relationship.
Violence
Against Women
& Children
What acts are included?
① Physical Violence
② Sexual Violence
③ Psychological
Violence
④ Economic abuse
Bodily or physical harm
Acts sexual in nature, committed
against a woman or her child:
1. Rape, sexual harassment, acts of
lasciviousness, treating a woman or her
child as a sex object, making demeaning
and sexually suggestive remarks,
physically attacking the sexual parts of the
victim's body, forcing her/him to watch
obscene publications and indecent shows
or forcing the woman or her child to do
indecent acts and/or make films thereof,
forcing the wife and mistress/lover to live
in the conjugal home or sleep together in
the same room with the abuser;
2. Acts causing or attempting to
cause the victim to engage in any
sexual activity by force, threat of
force, physical or other harm or
threat of physical or other harm or
coercion;
3. Prostituting the woman or child.
Acts or omissions causing or likely
to cause mental or emotional
suffering of the victim such as:
Intimidation, harassment, stalking,
damage to property, public ridicule
or humiliation, repeated verbal
abuse and mental infidelity.
It includes causing or allowing the
victim to witness the physical,
sexual or psychological abuse of a
member of the family to which the
victim belongs, or to witness
pornography in any form or to
witness abusive injury to pets or to
unlawful or unwanted deprivation
of the right to custody and/or
visitation of common children.
Acts that make or attempt to make
a woman financially dependent.
Bullying
What is bullying?
Any severe or repeated use by one or more
students of a written, verbal or electronic
expression, or a physical act or gesture, or any
combination thereof, directed at another student
that has the effect of actually placing the latter in
reasonable fear of physical or emotional harm or
damage to his property.
Creating a hostile environment at school for the
other student.
Infringing on the rights of the other student at
school.
Materially and substantially disrupting the education
process or the orderly operation of a school; such as,
but not limited to, the following:
a. Any unwanted physical contact between the bully and the victim
b. Any act that causes damage to a victim’s psyche and/or emotional
well-being
c. Any slanderous statement or accusation that causes the victim
undue emotional distress
d. Cyber-bullying or any bullying done through the use of technology
(RA10627)
Bullying also includes:
① Social bullying: Any deliberate, repetitive and aggressive
social behavior intended to hurt others or to belittle another
individual or group; and
② Gender-based bullying: Any act that humiliates or excludes
a person on the basis of perceived or actual sexual orientation
and gender identity (SOGI).
Bullying
Who is a bully?
Any student who commits acts of bullying
Who is the bullied? Who is the victim?
Any student who experiences the acts of bullying
or retaliation
Who is a bystander?
Any person who witnesses or has personal
knowledge of any actual or perceived acts or
incidents of bullying or retaliation
Child Labor
(RA 9231)
No child should be engaged in the worst forms of child labor
• All forms of slavery, or practices similar to slavery such as sale and
trafficking of children, debt bondage and serfdom and forced or
compulsory labor, including recruitment for armed conflict.
• The use, procuring, offering/exposing of a child for prostitution, for
the production of pornography or for pornographic performances;
• The use, procuring or offering of a child for illegal or illicit
activities, including the production or trafficking of dangerous
drugs or volatile substances prohibited under existing laws; or
• 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.
Special
Parental
Authority
Family Code: Art 218 & 219
DepEd Efforts to
Protect Children
Child Protection
Policy
Child Protection
Committee
Guidelines on
CAR & CICL
Anti-Bullying
Act
Protection of Children
in Armed Conflict
DepEd Order
No. 40, 2012
Child Protection Policy
The Department of Education (“DepEd”)
shall ensure that schools are a safe place
for the education of children.
The best interest of the child shall
be the paramount consideration in
all decisions and actions involving
children.
DepEd Order
No. 40, 2012
This is a zero-tolerance policy for any act of child
abuse, exploitation, violence, discrimination,
bullying and other related offenses
Child Protection Policy
DepEd Order
No. 40, 2012
• Child abuse
• Discrimination against children;
• Child exploitation;
• Violence against children in school;
• Corporal punishment;
• Any analogous or similar acts; and
• Bullying or peer abuse
Prohibited Acts:
Child Protection Policy
Administrative
Disciplinary
Measures
Protective & Remedial Measures to Address
Corporal Punishment & Other Acts of
Violence by School Personnel
Conduct of
investigation &
reporting of
cases
SH/SDS shall forward
the complaint to
disciplining authority
w/in 48 hours
Disciplining authority
shall conduct a fact-
finding investigation
w/in 72 hours of report
Disciplining authority
shall impose
administrative sanctions
DepEd Order
No. 55, 2013
IRR Anti-Bullying Act 2013
IMMEDIATE
RESPONSE
DepEd Order
No. 55, 2013
IRR Anti-Bullying Act 2013
Attention of any
school personnel
(SP) shall be
immediately called
SP shall
intervene
*Interventions involve:
• Stopping the bully/retaliation immediately
• Separating students involved
• Removing the victim or bully from the site
• Ensuring the victim’s safety
• Bring the bully to the guidance counselor/ SP
Management of
Bullying & Other
Acts of Abuse
Protective & Remedial Measures to Address
Bullying and Other Acts of Abuse by a
Pupil, Student or Learner
All bullying
incidents must be
reported to the
School Head (SH)
The intake sheet,
provided in DO 40 s.
2012, shall be filled up
Student shall
be referred
to the CPC
Psychosocial support;
Punitive measures
as last resort
SHs shall inform
parents &
hold a meeting
DepEd Order
No. 18, s. 2015
The Policy aims to ensure that children are
respected & their rights protected
Guidelines on CAR & CICL
To prevent them from
being in conflict with the
law
Children-at-Risk
• To facilitate their
reintegration to the school
& community
• To prevent them from re-
offending
with the Law
Children in Conflict
MANDATOR
Y
REPORTERS
BARANGAY
DSWD or
C/MSWDO
PNP/NBI
ANYBODY
JOINT
INTERVIEW
SW &
POLICE
SINUMPAAN
G
SALAYSAY,
OTHER
EVIDENCE
FILING OF
COMPLAINT
PRELIMINARY
INVESTIGATIO
N
INQUEST
DISMISSED
FILING OF
INFO TO
COURT
TRIAL
WARRANT
OF ARREST
MOTION FOR
RECONSIDERATION
COURT
GUILTY
INTAKE
INVESTIGAT
E HOME
VISIT NOT SAFE
SAFE PYSCHOSOCIA
L AND OTHER
SUPPPORT
HEALING,
RECOVERY, AND
REINTEGRATION (OR
INDEPENDENT
LIVING OR LOOK
FOR A NEW
COMMUNITY FOR
REINTEGRATION)
MEDICO-
LEGAL
EXAM
PROTECTIVE
CUSTODY
(X PERIOD)
INVOLUNTAR
Y
RA 7610
official acceptors of reports
Who can report?
within 48 hours
DSWD or LGU
The Flowchart on the Management of Cases of Child Abuse, Neglect, and Exploitation

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Child Protection discussion.pptx

  • 1. Legal Framework: Laws & Issuances on Child Protection
  • 2. Who is a Child? A person below 18 y/o, or A person above 18 y/o but is unable to fully take care or protect himself/herself because of a physical or mental disability or condition (RA 7610)
  • 3. What is Child Abuse? It is the maltreatment of the child: 1. Psychological & sexual abuse, neglect, cruelty, sexual abuse, 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 & development or in his permanent incapacity or death. (RA7610)
  • 4. Violence Against Women & Children What is violence against women & children? • Any act or a series of acts committed by any person against a woman who is his wife, former wife, or against a woman with whom the person has or had a sexual or dating relationship, or with whom he has a common child, or against her child whether legitimate or illegitimate, within or without the family abode, which result in or is likely to result in physical, sexual, psychological harm or suffering, or economic abuse including threats of such acts, battery, assault, coercion, harassment or arbitrary deprivation of liberty.
  • 5. Violence Against Women & Children What is violence against women & children? • Any act or a series of acts committed by any person against a woman who is his wife, former wife, or against a woman with whom the person has or had a sexual or dating relationship, or with whom he has a common child, or against her child whether legitimate or illegitimate, within or without the family abode, which result in or is likely to result in physical, sexual, psychological harm or suffering, or economic abuse including threats of such acts, battery, assault, coercion, harassment or arbitrary deprivation of liberty. A single sexual act which may or may not result in the bearing of a common child. a situation wherein the parties live as husband and wife without the benefit of marriage or are romantically involved over time and on a continuing basis during the course of the relationship. A casual acquaintance or ordinary socialization between two individuals in a business or social context is not a dating relationship.
  • 6. Violence Against Women & Children What acts are included? ① Physical Violence ② Sexual Violence ③ Psychological Violence ④ Economic abuse Bodily or physical harm Acts sexual in nature, committed against a woman or her child: 1. Rape, sexual harassment, acts of lasciviousness, treating a woman or her child as a sex object, making demeaning and sexually suggestive remarks, physically attacking the sexual parts of the victim's body, forcing her/him to watch obscene publications and indecent shows or forcing the woman or her child to do indecent acts and/or make films thereof, forcing the wife and mistress/lover to live in the conjugal home or sleep together in the same room with the abuser; 2. Acts causing or attempting to cause the victim to engage in any sexual activity by force, threat of force, physical or other harm or threat of physical or other harm or coercion; 3. Prostituting the woman or child. Acts or omissions causing or likely to cause mental or emotional suffering of the victim such as: Intimidation, harassment, stalking, damage to property, public ridicule or humiliation, repeated verbal abuse and mental infidelity. It includes causing or allowing the victim to witness the physical, sexual or psychological abuse of a member of the family to which the victim belongs, or to witness pornography in any form or to witness abusive injury to pets or to unlawful or unwanted deprivation of the right to custody and/or visitation of common children. Acts that make or attempt to make a woman financially dependent.
  • 7. Bullying What is bullying? Any severe or repeated use by one or more students of a written, verbal or electronic expression, or a physical act or gesture, or any combination thereof, directed at another student that has the effect of actually placing the latter in reasonable fear of physical or emotional harm or damage to his property. Creating a hostile environment at school for the other student. Infringing on the rights of the other student at school. Materially and substantially disrupting the education process or the orderly operation of a school; such as, but not limited to, the following: a. Any unwanted physical contact between the bully and the victim b. Any act that causes damage to a victim’s psyche and/or emotional well-being c. Any slanderous statement or accusation that causes the victim undue emotional distress d. Cyber-bullying or any bullying done through the use of technology (RA10627) Bullying also includes: ① Social bullying: Any deliberate, repetitive and aggressive social behavior intended to hurt others or to belittle another individual or group; and ② Gender-based bullying: Any act that humiliates or excludes a person on the basis of perceived or actual sexual orientation and gender identity (SOGI).
  • 8. Bullying Who is a bully? Any student who commits acts of bullying Who is the bullied? Who is the victim? Any student who experiences the acts of bullying or retaliation Who is a bystander? Any person who witnesses or has personal knowledge of any actual or perceived acts or incidents of bullying or retaliation
  • 9. Child Labor (RA 9231) No child should be engaged in the worst forms of child labor • All forms of slavery, or practices similar to slavery such as sale and trafficking of children, debt bondage and serfdom and forced or compulsory labor, including recruitment for armed conflict. • The use, procuring, offering/exposing of a child for prostitution, for the production of pornography or for pornographic performances; • The use, procuring or offering of a child for illegal or illicit activities, including the production or trafficking of dangerous drugs or volatile substances prohibited under existing laws; or • 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.
  • 11. DepEd Efforts to Protect Children Child Protection Policy Child Protection Committee Guidelines on CAR & CICL Anti-Bullying Act Protection of Children in Armed Conflict
  • 12. DepEd Order No. 40, 2012 Child Protection Policy The Department of Education (“DepEd”) shall ensure that schools are a safe place for the education of children. The best interest of the child shall be the paramount consideration in all decisions and actions involving children.
  • 13. DepEd Order No. 40, 2012 This is a zero-tolerance policy for any act of child abuse, exploitation, violence, discrimination, bullying and other related offenses Child Protection Policy
  • 14. DepEd Order No. 40, 2012 • Child abuse • Discrimination against children; • Child exploitation; • Violence against children in school; • Corporal punishment; • Any analogous or similar acts; and • Bullying or peer abuse Prohibited Acts: Child Protection Policy
  • 15. Administrative Disciplinary Measures Protective & Remedial Measures to Address Corporal Punishment & Other Acts of Violence by School Personnel Conduct of investigation & reporting of cases SH/SDS shall forward the complaint to disciplining authority w/in 48 hours Disciplining authority shall conduct a fact- finding investigation w/in 72 hours of report Disciplining authority shall impose administrative sanctions
  • 16. DepEd Order No. 55, 2013 IRR Anti-Bullying Act 2013
  • 17. IMMEDIATE RESPONSE DepEd Order No. 55, 2013 IRR Anti-Bullying Act 2013 Attention of any school personnel (SP) shall be immediately called SP shall intervene *Interventions involve: • Stopping the bully/retaliation immediately • Separating students involved • Removing the victim or bully from the site • Ensuring the victim’s safety • Bring the bully to the guidance counselor/ SP
  • 18. Management of Bullying & Other Acts of Abuse Protective & Remedial Measures to Address Bullying and Other Acts of Abuse by a Pupil, Student or Learner All bullying incidents must be reported to the School Head (SH) The intake sheet, provided in DO 40 s. 2012, shall be filled up Student shall be referred to the CPC Psychosocial support; Punitive measures as last resort SHs shall inform parents & hold a meeting
  • 19. DepEd Order No. 18, s. 2015 The Policy aims to ensure that children are respected & their rights protected Guidelines on CAR & CICL To prevent them from being in conflict with the law Children-at-Risk • To facilitate their reintegration to the school & community • To prevent them from re- offending with the Law Children in Conflict
  • 20. MANDATOR Y REPORTERS BARANGAY DSWD or C/MSWDO PNP/NBI ANYBODY JOINT INTERVIEW SW & POLICE SINUMPAAN G SALAYSAY, OTHER EVIDENCE FILING OF COMPLAINT PRELIMINARY INVESTIGATIO N INQUEST DISMISSED FILING OF INFO TO COURT TRIAL WARRANT OF ARREST MOTION FOR RECONSIDERATION COURT GUILTY INTAKE INVESTIGAT E HOME VISIT NOT SAFE SAFE PYSCHOSOCIA L AND OTHER SUPPPORT HEALING, RECOVERY, AND REINTEGRATION (OR INDEPENDENT LIVING OR LOOK FOR A NEW COMMUNITY FOR REINTEGRATION) MEDICO- LEGAL EXAM PROTECTIVE CUSTODY (X PERIOD) INVOLUNTAR Y RA 7610 official acceptors of reports Who can report? within 48 hours DSWD or LGU The Flowchart on the Management of Cases of Child Abuse, Neglect, and Exploitation

Editor's Notes

  1. Who is a child? What is child abuse? What is CICL? What is
  2. Who is a child? What is child abuse? What is CICL? What is
  3. any act or a series of acts committed by any person against a woman who is his wife, former wife, or against a woman with whom the person has or had a sexual or dating relationship, or with whom he has a common child, or against her child whether legitimate or illegitimate, within or without the family abode, which result in or is likely to result in physical, sexual, psychological harm or suffering, or economic abuse including threats of such acts, battery, assault, coercion, harassment or arbitrary deprivation of liberty. It includes, but is not limited to, the following acts:
  4. any act or a series of acts committed by any person against a woman who is his wife, former wife, or against a woman with whom the person has or had a sexual or dating relationship, or with whom he has a common child, or against her child whether legitimate or illegitimate, within or without the family abode, which result in or is likely to result in physical, sexual, psychological harm or suffering, or economic abuse including threats of such acts, battery, assault, coercion, harassment or arbitrary deprivation of liberty. It includes, but is not limited to, the following acts:
  5. . Withdrawal of financial support or preventing the victim from engaging in any legitimate profession, occupation, business or activity, except in cases wherein the other spouse/partner objects on valid, serious and moral grounds as defined in Article 73 of the Family Code; 2. Deprivation or threat of deprivation of financial resources and the right to the use and enjoyment of the conjugal, community or property owned in common; 3. Destroying household property; 4. Controlling the victims' own money or properties or solely controlling the conjugal money or properties.
  6. Bullying” refers to such as, but not limited to, the following: 1. Any unwanted physical contact between the bully and the victim like punching, pushing, shoving, kicking, slapping, tickling, headlocks, inflicting school pranks, teasing, fighting and the use of available objects as weapons; 2. Any act that causes damage to a victim’s psyche and/or emotional well-being; 3. Any slanderous statement or accusation that causes the victim undue emotional distress like directing foul language or profanity at the target, name-calling, tormenting and commenting negatively on victim’s looks, clothes and body; 4. “Cyber- bullying” or any bullying done through the use of technology or any electronic means. The term shall also include any conduct resulting to harassment, intimidation, or humiliation, through the use of other forms of technology, such as, but not limited to texting, email, instant messaging, chatting, internet, social media, online games, or other platforms or formats as defined in DepED Order No. 40, s. 2012; and 5. Any other form of bullying as may be provided in the school’s child protection or anti-bullying policy, consistent with the Act and this IRR. b. 1. The term “bullying” shall also include: 1. “Social bullying” – refers to any deliberate, repetitive and aggressive social behavior intended to hurt others or to belittle another individual or group. 2. “Gender-based bullying” – refers to any act that humiliates or excludes a person on the basis of perceived or actual sexual orientation and gender identity (SOGI). c. “Bully” – refers to any student who commits acts of bullying as defined by the Act or this IRR. d. “Bullied” or “Victim” – refers to any student who experiences the acts of bullying or retaliation as defined by the Act or this IRR.
  7. “Bully” – refers to any student who commits acts of bullying as defined by the Act or this IRR. d. “Bullied” or “Victim” – refers to any student who experiences the acts of bullying or retaliation as defined by the Act or this IRR. e. “Bystander” – refers to any person who witnesses or has personal knowledge of any actual or perceived acts or incidents of bullying or retaliation as defined by this IRR.
  8. ECTION 5. Prohibition on the Employment of Children in 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: (a)  All forms of slavery, as defined under the “Anti-trafficking 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. (b)  The use, procuring, offering or exposing of a child for prostitution, for the production of pornography or for pornographic performances; (c)  The use, procuring or offering of a child for illegal or illicit activities, including the production or trafficking of dangerous drugs or volatile substances prohibited under existing laws; or 3 (d) 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:
  9. Art. 218. The school, its administrators and teachers, or the individual, entity or institution engaged in child are shall have special parental authority and responsibility over the minor child care while under their supervision, instruction or custody. Authority and responsibility shall apply to all authorized activities whether inside or outside the premises of the school, entity or institution. Art. 219. Those given the authority and responsibility under the preceding Article shall be principally and solidarily liable for damages caused by the acts or omissions of the unemancipated minor. The parents, judicial guardians or the persons exercising substitute parental authority over said minor shall be subsidiarily liable. Art. 2176. Whoever by act or omission causes damage to another, there being fault or negligence, is obliged to pay for the damage done. Such fault or negligence, if there is no pre-existing contractual relation between the parties, is called a quasi-delict and is governed by the provisions of this Chapter. Article 2180. The obligation imposed by article 2176 is demandable not only for one's own acts or omissions, but also for those of persons for whom one is responsible. Lastly, teachers or heads of establishments of arts and trades shall be liable for damages caused by their pupils and students or apprentices, so long as they remain in their custody. The responsibility treated of in this article shall cease when the persons herein mentioned prove that they observed all the diligence of a good father of a family to prevent damage.”
  10. Go on twitter, facebook and other social media sites and you would see the hashtags #Kto12Ready and #GoKto12 -these are rightfully so. We should make it clear that as we are approaching 2016, we are gearing towards a successful implementation of Kto12.