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Legal Framework: Laws & Issuances on

Child Protection
Who is a
Child?
RA 7610: Special Protection of Children
Against Abuse, Exploitation, and
Discrimination Act

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
What is
Child Abuse?
RA 7610: Special Protection of Children
Against Abuse, Exploitation, and
Discrimination Act

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;
What is
Child Abuse?
RA 7610: Special Protection of Children
Against Abuse, Exploitation, and
Discrimination Act

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.
Violence
Against Women
& Children (VAWC)
RA 9262: Anti-Violence Against
Women and Their Children Act
What is violence against women & children?
A single sexual act which may
Any act or a series of acts committed by any person
or may not result in the
against
bearing a woman
of a common who is his wife, former wife, or
child.
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 ora situation wherein
illegitimate, the parties
within live asthe
or without husband and
family abode,wife
which without theor benefit
result in is likelyofto result
marriage
in or are
romantically
physical, sexual, involved
psychological harmover time and
or suffering, or on a
continuing
economic abuse basis
including during
threats theacts,
of such course of the
relationship.
battery, assault, coercion,Aharassment
casual acquaintance
or arbitrary or ordinary
deprivation ofsocialization
liberty. between two individuals in a business
or social context is not a dating relationship.
Violence
Against Women
& Children (VAWC)
RA 9262: Anti-Violence Against
Women and Their Children Act
What acts are included?

① Physical Violence Bodily or physical harm

② Economic abuse Acts that make or attempt


to make a woman
financially dependent.
③ Sexual Violence Acts sexual in nature,
committed against a
woman or her child
Violence
Against Women
& Children (VAWC)
RA 9262: Anti-Violence Against
Women and Their Children Act
③ Sexual Violence
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; and
3. Prostituting the woman or child.
Violence
Against Women
& Children (VAWC)
RA 9262: Anti-Violence Against
Women and Their Children Act

④ Psychological Violence

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.
Violence
Violence
Against
Against Women
Women
& Children
& Children
(VAWC)
RA 9262: Anti-Violence Against
Women and Their Children Act
The crime of violence against children is committed through:

Attempting Threatening to
Causing
to cause cause physical
physical harm
physical harm to the
to the child;
harm; child;
Violence
Against Women
& Children (VAWC)
RA 9262: Anti-Violence Against
Women and Their Children Act

Engaging in Causing mental or


purposeful, or reckless emotional anguish, public
conduct, personally or ridicule or humiliation to
through another, that the child, including
alarms or causes repeated verbal &
substantial emotional emotional abuse, and
or psychological denial of financial
distress to the child. support
Violence
Against Women
& Children (VAWC)
RA 9262: Anti-Violence Against
Women and Their Children Act

Causing or attempting to
cause the child to engage Attempting to restrict
in any sexual activity the child’s freedom or
which does not constitute movement or conduct
rape, by force or threat of by force or threat of
force, physical harm, or force;
through intimidation;
Violence
Against Women
& Children (VAWC)
RA 9262: Anti-Violence Against
Women and Their Children Act

Attempting to
Placing the child compel the child to
in fear of engage in conduct
imminent which the child has
physical harm; the right to desist
from conduct
Sexual Violence
Against Children
RA 9262: Anti-Violence Against
Women and Their Children Act
Child
Trafficking
RA 9208: Anti-Trafficking In
Persons Act
What is human trafficking?

• The recruitment, transportation, transfer or harboring, or receipt


of persons with or without the victim's consent or knowledge,
within or across national borders by means of threat or use of
force and other forms of coercion, abduction, fraud, deception,
and abuse of power or position

• Taking advantage of the vulnerability of the person, or, the giving


or receiving of payments or benefits to achieve the consent of a
person having control over another person for the purpose of
exploitation which includes the exploitation or the prostitution of
others or other forms of sexual exploitation, forced labor or
services, slavery, servitude or the removal or sale of organs.
Child
Trafficking
RA 9208: Anti-Trafficking In
Persons Act

AAA,

AAA,

According to AAA,

Philippine Coast Guard


Bullying
RA 10627: Anti-Bullying Act

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.
Bullying
RA 10627: Anti-Bullying Act
What is bullying?
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
Bullying
RA 10627: Anti-Bullying Act
What is bullying?

It 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 and expression
(SOGIE).
Bullying
RA 10627: Anti-Bullying Act

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
Bombo Radyo Naga
Child
Pornography
RA 9775: Anti-Child
Pornography Act
What is Child Pornography?

Any representation, whether visual, audio,


or written combination, by electronic,
mechanical, digital, optical, magnetic or any
other means, of child engaged or involved
in real or simulated explicit sexual
activities.
Child
Pornography
RA 9775: Anti-Child
Pornography Act
What are the unlawful / prohibited acts?

a) To hire, employ, use, persuade, induce or coerce a


child to perform in the creation or production of any
form of child pornography;
b) To produce, direct, manufacture, or create any form
of child pornography;
c) To publish, offer, transmit, sell, distribute,
broadcast, advertise, promote, export, or import any
form of child pornography;
Child
Pornography
RA 9775: Anti-Child
Pornography Act
What are the unlawful / prohibited acts?

d) To possess any form of child pornography with the


intent to sell, distribute, publish, or broadcast:
Provided, That possession of three (3) or more articles
of child pornography of the same form shall be prima
facie evidence of intent to sell, distribute, publish, or
broadcast;
e) To knowingly, willfully, and intentionally provide a
venue for the commission of prohibited acts such as,
but not limited to, dens, private rooms, cubicles,
cinemas, houses, or in establishments purporting to be
a legitimate business;
Child
Pornography
RA 9775: Anti-Child
Pornography Act
What are the unlawful / prohibited acts?

f) For film distributors, theaters, and


telecommunication companies, by themselves or in
cooperation with other entities, to distribute any
form of child pornography;

g) For a parent, legal guardian, or person having


custody or control of a child to knowingly permit
the child to engage, participate, or assist in any form
of child pornography;
Child
Pornography
RA 9775: Anti-Child
Pornography Act
What are the unlawful / prohibited acts?

h) To engage in the luring or grooming of a child;

i) To engage in pandering of any form of child


pornography;

j) To willfully access any form of child


pornography;
Child
Pornography
RA 9775: Anti-Child
Pornography Act
What are the unlawful / prohibited acts?

k) To conspire to commit any of the prohibited acts


stated in this Section. Conspiracy to commit any
form of child pornography shall be committed
when two (2) or more persons come to an
agreement concerning the commission of any of the
said prohibited acts and decide to commit it; and

l) To possess any form of child pornography.


Child
Pornography
RA 9775: Anti-Child
Pornography Act

Philippine Star
Children in
Conflict with
the Law
RA 9344 (Juvenile Justice and
Welfare Act), as amended

Who is a Child in Conflict with the Law?

A child who is alleged as, accused of, or


adjudged as, having committed an
OFFENSE under Philippine Laws
Section 4 of RA No . 9344, as amended
Children in
Conflict with
the Law
RA 9344 (Juvenile Justice and
Welfare Act), as amended
What is the minimum age of criminal liability?
A child fifteen (15) years of age or under at the time of
the commission of the offense shall be exempt from
criminal liability.

A child above fifteen (15) years but below eighteen (18) years
of age shall likewise be exempt from criminal liability and be
subjected to an intervention program, unless he/she has acted
with discernment, in which case, such child shall be subjected
to the appropriate proceedings in accordance with this Act.
*The exemption from criminal liability established does not include exemption from civil
liability, which shall be enforced in accordance with existing laws.
Children in
Conflict with
the Law
RA 9344 (Juvenile Justice and
Welfare Act), as amended

What is an intervention program?


“Intervention” refers to a series of activities which
are designed to address issues that caused the child
to commit an offense.

It may take the form of an individualized treatment


program which may include counseling, skills
training, education, and other activities that will
enhance his/her psychological, emotional and
psycho-social well-being.
Children in
Conflict with
the Law
RA 9344 (Juvenile Justice and
Welfare Act), as amended

Bagong Aurora
Children in
Situations of
Armed Conflict
Executive Order No. 138, s. 2013

Children are zones of peace

Children shall not be the Children shall not be


object of attack and shall recruited to become
members of the Armed
be entitled to special
Forces of the Philippines
respect. They shall be
of its civilian units or
protected from any form other armed groups, nor
of threat, assault, torture be allowed to take part in
or other cruel, inhumane the fighting, or used as
or degrading treatment; guides, couriers, or spies;
Children in
Situations of
Armed Conflict
Executive Order No. 138, s. 2013

Children are zones of peace

Public infrastructure such as


schools, hospitals and rural Delivery of basic social
health units shall not be services such as
utilized for military education, primary
purposes such as command health and emergency
posts, barracks, relief services shall be
detachments, and supply
depots; and
kept unhampered;
Children in
Situations of
Armed Conflict
Executive Order No. 138, s. 2013

Children are zones of peace

All appropriate steps shall be taken to


facilitate the reunion of families temporarily
separated due to armed conflict.
Child Labor
RA 9231: Section 2 of RA 7610,
as amended

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;
Child Labor
RA 9231: Section 2 of RA 7610,
as amended

No child should be engaged in the worst forms of child labor

• 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 and 219

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