Untitled Quiz

Laws on Child's Rights and Protection

• Laws protect children from abuse, exploitation, and discrimination.
• The Philippines has a constitutional right of children to assistance, including proper care and nutrition.
• Specific laws in the Philippines protect children from various abuses.
• The 1987 Philippine Constitution, Article 15, Section 3 ensures children's right to assistance, proper care and nutrition.
• The laws protecting children in the Philippines include:
  • Philippine Constitution (1987)
  • Child and Youth Welfare Code (Presidential Decree No. 603, 1974)
  • Special Protection of Children Against Abuse, Exploitation and Discrimination Act (R.A. No. 7610, 1992)
  • Anti-Sexual Harassment Act (R.A. No. 7877, 1995)
  • Anti-Rape Law (R.A. No. 8353, 1997)
  • Relevant Provisions from the Revised Penal Code (Act No. 3815, 1930)
  • Anti-Trafficking in Persons Act (R.A. No. 9208, 2003)
  • Anti-Violence Against Women and their Children Act (R.A. No. 9262, 2004)
  • Comprehensive Dangerous Drugs Act (R.A. No 9165, 2002)
  • An Act Prohibiting the Employment of Children Below 15 Years of Age in Public and Private Undertakings" (R.A. 7658, 1993)
  • Juvenile Justice and Welfare Act (R.A No. 9344, 2006)
  • Republic Act No. 9231 (2003)
  • Republic Act No. 9775 (2009)
  • Republic Act No. 10175 (2012)

Facts about Filipino Children

• Education: For every 100 Filipino children who enter Grade 1, only 67 graduate from elementary school. Only 49 complete high school. Participation rates in public elementary schools have decreased to 90% since 2000. 4 out of 10 children (12-15 years old) are not in school. The net enrollment ratio in public secondary education in 2002 was only 57%. The average class size ranges from 33 to 50 students per class. Only 3 out of every 10 Filipino children has early childhood education, formal or non-formal.
• Health: 22% of children under the age of five are underweight. Only 70% of children are fully immunized. There's a lack of knowledge about HIV with only 21% of the population having an understanding.
• Poverty: 26.5% of the Philippines population lives below the poverty line. The number of poor Filipino families has gone up from 4.36 million in 1985 to 5.14 million in 2000.
• Abuse & Exploitation: Between 1999 and 2008, 12% of Filipino children took part in child labor. Children are engaged in worst forms of child labor particularly in agriculture, domestic work, home based industries, prostitution, trafficking and pornography. Throughout urban settings, children live and work on the streets, scavenging, begging and engaging in other income-generating activities. Corporal punishment is illegal but still widely practiced in Filipino schools, homes, and other settings. Physical and sexual abuse of children is widespread and of concern.

Who is Considered a Child?

• A person below 18 years old
• A person 18 or older but cannot care for themselves due to circumstances.

Rights of Every Filipino Child

• Be born, have a name and nationality.
• Be free and have a family who will take care of them.
• Have a good education.
• Develop their potentials.
• Have enough food, shelter, a healthy and active body
• Be given the opportunity to play and leisure.
• Be given protection against abuse, danger, and violence brought by war and conflict.
• Live in a peaceful community.
• Be defended and assisted by the government.
• Be able to express their views.

United Nations Convention on the Rights of the Child

• A treaty setting out civil, political, economic, social, health, and cultural rights of children.
• Defines a child as any human being under 18, unless domestic legislation allows for majority earlier.
• The Philippines became a signatory in January 26, 1990.
• Nations that ratify the Convention are bound by international law.
• Compliance is monitored by the UN Committee on the Rights of the Child.
• The Committee submits a report to the United Nations General Assembly annually.
• The UN General Assembly adopted the Convention in 1989.
• Ratified by 193 countries, except Somalia, South Sudan, and the United States
• Two optional protocols were adopted in 2000.
  • First Optional Protocol restricts children's involvement in military conflicts.
  • Second Optional Protocol prohibits the sale of children, child prostitution, and child pornography.
• Guiding principles of the Convention include non-discrimination, best interests of the child, right to life, survival, development, and participation.
• Rights are classified into survival and development, protection, and participation.

Child Abuse, Exploitation and Discrimination

• Child abuse is maltreatment, whether habitual or not, and can occur in various forms.
  • psychological and physical abuse, neglect, cruelty, sexual abuse, emotional maltreatment.
  • unreasonable deprivation of basic needs such as food and shelter or immediate medical treatment.
• Child abuse is not limited to offenses perpetrated by those under the child's care; offenders can be anyone.
• Some criminal activities are covered under the Revised Penal Code, including child battering, sexual abuse, and assault.
• Other forms of child abuse include Abandonment, Neglect of education, refusal to enroll child without justifiable grounds, causing truancy, Improper exploitation, cruelty, or chastisement, and encouraging child to lead an immoral lifestyle.
• Illegal possession/use/delivery of weapons
• Allowing a child to drive without a license or with an illegally obtained license

Child Prostitution

• Child prostitution is defined as any activity where children indulge in sexual intercourse or lascivious conduct for profit.
• Those who promote, facilitate, or commit child prostitution are penalized.
• Those who exploit the children and benefit from child prostitution are penalized.

Child Pornography

• Child pornography is the use, exhibition, and depiction of children as mere objects of obscenity, immorality, or indecency in various media.
• Hiring, employing, persauding, inducing or forcing a child to participate in obscene exhibitions or conduct is punishable.
• Model in commercials/advertisements promoting tobacco, alcohol, or violence, is illegal.
• Illegal use of children in media/products.

Child Trafficking

• Child trafficking involves the buying and selling of children for money or any consideration.
• Child trafficking is a more habitual trading activity wherein buying and selling becomes a business venture of the trafficker.
• The trafficker acts as a middleman, facilitating the exchange of children.
• The purpose or motive of child trafficking varies. Some sell children for prostitution, adoption, forced labor, or as organ donors.
• Persons attempting child trafficking, or those who exploit or take advantage of a child are penalized under RA 7610.

Special Legal Measures for Children

• Protective Custody: Offended parties are placed under the Department of Social Welfare and Development custody. An officer of this department is immune from liability. Legal custody procedures follow Presidential Decree No. 603.
• Confidentiality: The name of the offended party is protected until the Court takes jurisdiction.
• Special protections include specific reporting mechanisms regarding situations of armed conflict.

Who Can File a Child Abuse Case?

• Offended party
• Parents or guardians
• Ascendants or collateral relatives within the third degree
• Officers, social workers, or representatives of a licensed child-caring institution
• Officers or social workers of the Department of Social Welfare and Development
• Barangay chairman
• At least three responsible concerned citizens of the area where the violation occurred

Importance of the Child

• The child is one of the most important assets of the nation.
• Efforts to promote a child's well-being and opportunities for a useful and happy life are vital.
• The child is a citizen, and traits and capabilities should be developed to improve society.
• Child's character development starts at home, therefore, a family member's role to provide love, care, and protection is very important.

Child's Development

• A child's character development begins at home.
• Family members should create a wholesome home environment.
• The home environment significantly influences the child's development.
• Attachment to the home and strong family ties are important.
• It is parents' right and duty to raise their children and the government should support them.
• Other institutions like schools, churches, and social organizations also have responsibilities in supporting a child's well-being and development for responsible adulthood.
• Children need support and guidance from different sectors of society in order to be responsible adults.
• Parents have the responsibility to care, provide moral guidance, establish self-discipline, and supervision.
• Parents should also encourage children's participation in socio-civic affairs and develop love for country.
• Parents need to advise their children on matters affecting their well-being, and set positive examples.
• Schools also have responsibilities such as providing necessary facilities, classrooms, playground spaces for recreation. Schools must create a safe and caring environment that respects children's dignity