Republic Act No. 7610: Protecting Children

• Republic Act No. 7610, approved on June 17, 1992, is "An Act Providing for Stronger Deterrence and Special Protection Against Child Abuse, Exploitation and Discrimination, and for Other Purposes."

Title, Policy, Principles and Definitions

• The Act is known as the "Special Protection of Children Against Abuse, Exploitation and Discrimination Act."
• The State's policy is dedicated to the protection of children from all forms of abuse, neglect, cruelty, exploitation, discrimination and other conditions that negatively affect their development.
• The State aims to provide sanctions for offenders and implement programs for prevention, deterrence, and crisis intervention.
• The State should intervene when a child's parent, guardian, teacher, or caregiver fails or is unable to protect the child from abuse, exploitation, and discrimination

Definition of Terms

• "Children" are defined as individuals below eighteen (18) years of age, or those older who cannot fully care for or protect themselves from abuse, neglect, cruelty, exploitation, or discrimination due to physical or mental disability or condition.

• "Child abuse" includes any maltreatment of a child, whether habitually or not; it includes physical, psychological, neglect, sexual abuse and emotional maltreatment as well as any deeds/words that debase a child

• "Circumstances which gravely threaten or endanger the survival and normal development of children" include, but are not limited to armed conflict, hazardous working conditions and inadequate access to basic necessity

• "Comprehensive program against child abuse exploitations and discrimination" refers to the coordinated program of services and facilities to protect children against child prostitution, child trafficking and obscene publications

Program on Child Abuse, Exploitation and Discrimination

• The Department of Justice and the Department of Social Welfare and Development, along with other government agencies and private sector, formulate a comprehensive, coordinated program of services and facilities to protect children against child prostitution and other sexual abuse

Child Prostitution and Other Sexual Abuse

• Children in prostitution or who are exploited for money, profit, or due to coercion are considered victims of child prostitution and other sexual abuse.
• Those who profit or take advantage from child prostitution and abuse, whether is be managers or owners of the establishments where it is taking place are equally guilty.

Child Trafficking

• Child trafficking includes, but is not limited to the act of buying/selling a child for money, or any other consideration or barter, which results in reclusion temporal to reclusion perpetua
• Child trafficking is assumed when children are taken out of the country without valid reason or documentation

Obscene Publications and Indecent Shows

• Hiring, employing, using, persuading, inducing, or coercing a child to perform in obscene exhibitions or indecent shows results in prision mayor
• Ascendants, guardians, or caretakers who allow children to participate in obscene plays, shows, or movies also face prision mayor penalties.

Other Acts of Abuse

• Committing acts of child abuse, cruelty, exploitation, or causing conditions harmful to a child's development not already covered by the Revised Penal Code, results in prision mayor

Sanctions for Establishments or Enterprises

• Establishments, enterprises, and other organizations which promote or facilitate child prostitution, sexual exploitation, child trafficking, obscene publications, and abusive acts will be shut down and their licenses will be revoked
• A visible "off limits" sign must be placed outside the establishments or enterprises as determined and enforced by the Department of Social Welfare and Development for no less than one year

Working Children

• Children below fifteen (15) years of age may be employed only under parental care or if their talent is necessary for public entertainment, under certain strict and controlled conditions

Children working in cultural communities benefit from additional protections, an alternative system of education, prioritize health and nutrition, respect for indigenous health practices, and not be subjected to discrimination

Children in Situations of Armed Conflict

• Children shall not be the object of attack and shall be entitled to special respect.
• Children shall not be recruited to become members of the Armed Forces of the Philippines of its civilian units or other armed groups, nor be allowed to take part in the fighting
• In the event a child is arrested for a crime related to armed conflict, they are granted immediate free legal assistance and must be released within 24 hours to the Department of Social Welfare

Remedial Procedures

• Complaints of unlawful acts committed against a child can be filed by offended party; parents or guardians; Ascendant or collateral relative within the third degree of consanguinity.
• The offended party will immediately be placed under the protective custody of the Department of Social Welfare

Common Penal Provisions

• Penalties are maximal for repeat offenders, corporate perpetrators, and individuals in positions of authority or trust and for foreigners, they are deported
• The court determines a fine, administered by the Department of Social Welfare, for the rehabilitation of child victims and/or their families where applicable

Final Provisions

• The Department of Justice and the Department of Social Welfare and Development will coordinate to introduce new rules to strengthen the implementation of this act.
• RA 7610 will take effect upon completion of its publication in at least two (2) national newspapers of general circulation.