Republic Act No. Republic Act No. 76107610

Republic Act No. Republic Act No. 76107610

““Special Protection of Children Special Protection of Children Against Child Abuse, Against Child Abuse,

Exploitation and Exploitation and Discrimination Act”Discrimination Act”

• The State shall intervene on behalf of the Child when the parent, guardian, teacher or person having care or custody of the child, or fails or unable to protect the child against abuse,

exploitation and discrimination.

• It shall be the policy of the State to protect and rehabilitate children gravely threatened or endangered by circumstances which affect or will affect their survival and normal development.

•The best interests of the child shall be paramount consideration

TERMS DEFINED:

• 1.   CHILDREN

Persons below eighteen (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 physical or mental disability or conditions; (Section 3 (a), R.A. 7610)

• 2.   CHILD ABUSERefers to 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;

• 3.   CRUELTY

• Discipline administered by a parent or legal guardian to a child does not constitute cruelty provided it is reasonable in manner and moderate in degree and does not constitute physical or psychological injury as defined herein;

• 4.   PHYSICAL INJURY

•Includes but is not limited to lacerations, fractured bones, burns, internal injuries

• 5.   PSYCHOLOGICAL INJURY

• Means harm to a child’s psychological or intellectual/functioning which may be exhibited by severe anxiety, depression, withdrawal or outward aggressive behavior or a combination of said behavior,

• May be demonstrated by a change in behavior, emotional response or cognition;

• 6.   NEGLECT

• Means failure to provide, for reasons other than poverty, adequate food, clothing, shelter, basic education or medical care (to seriously endanger the physical, mental, social and emotional growth and development of the child);

• 7.   SEXUAL ABUSE

• Includes the employment, use, persuasion, inducement, enticement or coercion of a child to engage in, or assist another person to engage in, sexual intercourse or lascivious conduct or the molestation, prostitution or incest with children;

• 8.   LASCIVIOUS CONDUCT

Intentional touching with malice or lust, either directly or through clothing, of the genitalia, anus, groin, breast, inner thigh, or buttocks or any part of the body .

• 9.   EXPLOITATIONHiring, employment, persuasion, inducement or coercion of a child to perform in obscene exhibition and indecent shows, whether live or in video or film, or to pose or act as a model in obscene publication or pornographic materials, or to sell or distribute said materials;

* Hiring and employment for purposes of prostitution now punishable under R.A. 9208 (Anti-Trafficking in Persons Act of 2003)

CHILDREN IN INDIGENOUS CULTURAL COMMUNITIES

• Refers to a native community whose members are bound by a common ethnic origin, language, culture or religion or beliefs and whose existence as a distinct community with its own particular characteristics;

• Entitled to protection, survival and development consistent with the customs and traditions of their respective communities.

CHILDREN IN SITUATIONS OF ARMED CONFLICT

Armed Conflict- refers to any conflict between government forces and organized groups which involves the actual use of armed force, which disrupts normal, social, economic, political and cultural activities in a specific geographical area.

Children as Zones of Peace

•Children shall not be recruited as combatants or used as guides, couriers or spies.

• Children shall be given special respect. They shall not be the object of attacks.

• Facilitate reunion of families temporarily separated due to armed conflict

• Rights of children taken into custody by government forces in an armed conflict area

   -notify parents or guardian immediately

• The delivery of basic social services such as education, primary health care and emergency relief shall be kept unhampered and the safety and protection of service providers ensured;

• Children centers such as schools and health clinics shall not be used for military purposes such as command posts, barracks, detachments and supply depots.

Children arrested for reasons related to armed conflict are entitled to:

• Immediate free legal assistance• Immediate notice of such arrest to the

parents or legal guardians• Release to the custody of the DSWD

within 24 hours• The barangay chairman shall

immediately submit to the municipal social welfare and development office the names of children affected by war in their community.

 

LABOR RELATED OFFENSES COMMITTED AGAINST CHILDREN, AS AMENDED BY

R.A. 7658, FURTHER AMENDED BY R.A. 9231

• General Rule:Children below fifteen (15) years of age shall not be employed.

• Exceptions: When a child works directly under the sole responsibility of his parents and legal guardian and where only members of the employer’s family are employed

• Employment must not endanger life, safety, nor impairs normal development.

• Parent or legal guardian shall provide the said child with the prescribed primary and/or secondary education.

When a child’s employment or participation in public entertainment or information through cinema, theater, radio or television is essential;

• Employment contract is included by the child’s parents or legal guardian, with the express agreement of the child concerned, if possible, and the approval of the DOLE.

 

Strict compliance in the following requirements:

• Employer shall ensure the protection, health, safety, morals and normal development of the child

• Employer shall institute measures to prevent the child’s exploitation or discrimination taking into account the system and level of re-numeration and the duration and arrangement of the working time.

• Employer shall formulate and implement, subject to the approval and supervision of competent authorities, a continuing program for training and skills acquisition of the child

OTHER ACTS OF ABUSE

May be committed by:

• Any parent who commits any other acts of child abuse, such as:

• a.  Conceals or abandons the child with intent to make such child lose his civil status.

• b. Abandons the child under such circumstances as to deprive him of the love, care and protection he needs.

• c. Neglects the child by not giving him the education which the family’s situation in life and financial conditions permit.

• d. Fails or refuses, without justifiable ground, to enroll the child as required by Article 72.

• e.   Causes, abates or permits the truancy of the child from the school where he is enrolled. “Truancy” as herein used means absence without cause for more than twenty school days, not necessarily consecutive.It shall be the duty of the teacher in charge to report to the parents the absences of the child the moment these exceed five (5) school days.

• f.  Improperly exploits the child by using him, directly or indirectly, such as for purposes of begging and other acts which are inimical to his interest and welfare.

• g. Inflicts cruel and unusual punishment upon the child or deliberately subjects him to indignations and other excessive chastisement that embarrass or humiliate him.

• h. Causes or encourages the child to lead an immoral or dissolute life

• i.  Permits the child to posses, handle or carry a deadly weapon, regardless of its ownership.

“Parents” as herein used shall include the guardian and the head of the institution or foster home which has custody of the child.

• j.  Allows or requires the child to drive without a license or with license which the parent knows to have been illegally procured. If the motor vehicle driven by the child belongs to the parent, it shall be presumed that he permitted or ordered the child to drive.

I. Any person who shall keep or have 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, motel, beer joint, disco, cabaret, pension house, sauna or massage parlor, beach and/or other tourist resort or similar places.

• Exception: Person related within the fourth degree of consanguinity or affinity or any bond recognized by law, local customs and tradition or acts in the performance of a social, moral or legal duty.

• II. Any person who shall induce or deliver or offer a minor to anyone prohibited under R.A. 7610.

• III. Any person, owner, manager or one trusted with the operation of any public or private place of accommodation, whether for occupancy, food, drink, or otherwise, including residential places, who allows any person to take along with him such place or places any minor herein described.

• IV. Any person who shall use, coerce, force or intimidate a street child or any other child to:

• a. beg or use begging as a means of living;

• b. act as conduit or middleman in drug trafficking or pushing;

• c.  conduct any illegal activities.

Who May File A Complaint?• Parents or Guardians• Ascendant or collateral relative within 3rd

degree of consanguinity• Officer, social worker or representative of a

licensed child-caring institution• Officer or social worker of the DSWD• Offended Party• Barangay Chairman, or• Three (3) concerned, responsible citizens

where the offense was committed

Duty to Report

• Teachers and administrators in public schools

• Probation Officers• Government lawyers• Barangay officials• Correction officers and other

government officials and employees whose work involves dealing with children

Mandatory Reporting (IRR)

• Attending physician and nurse

• Head of public or private hospital, medical clinic and similar institution

*failure to report: fine > P2,000.00

Other Features:• Protective Custody of the Child (DSWD will be free from any

administrative, civil or criminal liability)• Confidentiality

-Protection of victim from undue publicity (IRR)-Unauthorized disclosure of records: Fine>P2,400.00 or imprisonment— >1 yr or both

THANK YOU!THANK YOU!THANK YOU!THANK YOU!