Special Protection of Children Against Child Abuse, Exploitation and Discrimination Act Republic Act 7610

COMMISSION ON HUMAN RIGHTS Republic of the Philippines COMMISSION ON HUMAN RIGHTS Child Rights Center Region VI

The Rights of a Child

¿ When do Rights Begin? Philippine Constitution, Article II, Sec. 12 - “The State recognizes the sanctity of family life and shall protect and strengthen the family as a basic and autonomous social institution. It shall equally protect the life of the mother and the life of the unborn from conception…….”.

¿ When do Rights Begin ? PD 603, Article 3, # 1: “ A child is endowed with the dignity and worth of a human being from the moment of conception, as generally accepted in medical parlance, and is therefore entitled with the right to be born well”.

Definition Children - persons below 18 years of age or those over but are unable to to fully take care of themselves or protect themselves from abuse, neglect, cruelty, exploitation or discrimination because of a physical or mental disability or condition.

Definition CHILD ABUSE -Refers to maltreatment, whether habitual or not, of the child which includes any of the following; Psychological and physical abuse, neglect, cruelty, sexual abuse and emotional maltreatment;   Any act by deeds or words which debases, degrades or demeans the intrinsic worth and dignity of a child as a human being;

Definition CHILD ABUSE -Refers to maltreatment, whether habitual or not, of the child which includes any of the following; Unreasonable deprivation of his basic needs for survival, such as food and shelter 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

Offenses Against Children under RA 7610 Child Prostitution and other sexual abuse Attempt to commit child prostitution Child Trafficking Attempt to commit child trafficking Child pornography and indecent shows and publication Other Acts of Neglect, Abuse, Cruelty or Exploitation and Other Conditions Prejudicial to the Child’s Development

Child Prostitution and Other Sexual Abuse Who are deemed to be children exploited in prostitution and other sexual abuse? Children, whether male or female, Who for money, profit, or other consideration or due to coercion or influence of adult, syndicate or group Indulge in sexual intercourse or lascivious conduct

Child Prostitution and Other Sexual Abuse What is lascivious conduct? Means the intentional touching, either directly or through clothing, of the genitalia, anus, groin, breast, inner thigh, or buttocks; or any act of lewdness; Done with force or intimidation, fraudulent machination or grave abuse of authority; or where the offended party is deprived of reason or otherwise unconscious; With intent to abuse, humiliate, harass, degrade the child, or arouse or gratify the sexual desire of any person Bestiality, masturbation, lascivious exhibition of the genitals or pubic area of a person

Child Prostitution and Other Sexual Abuse Who may be liable? Those who engage in, or promote, facilitate or induce child prostitution which includes, but are not limited to, the following: acting as a procurer of a child prostitute inducing a person to be a client of a child prostitute taking advantage of influence or relationship to procure a child as a prostitute threatening or using violence towards a child to engage him as a prostitute giving monetary consideration/pecuniary benefit Penalty- Reclusion Temporal med-Reclusion Perpetua

Child Prostitution and Other Sexual Abuse Those who commit the act of sexual intercourse or lascivious conduct with a child exploited in prostitution or subjected to other sexual abuse. Penalty-same with Art. 335 and 336 of RPC except if victim is under 12 yrs (Rec.Temp. med) Those who derive profit or advantage therefrom -as manager or owner of the establishment where the prostitution takes place/establishment serving as cover or which engages in prostitution other than activity it was licensed for. Penalty-Reclusion Temporal med-Reclusion Perpetua

Attempt to Commit Child Prostitution Any person, not being a relative of a child, is found alone with the said child inside the room or cubicle of a house, an inn, hotel, motel, pension house, apartelle or other similar establishment, vessel, vehicle or any other hidden or secluded area which would lead a reasonable person to believe that the child is about to be exploited in prostitution and other sexual abuse. Any person, receiving services from a child in a sauna parlor or bath, massage clinic, health club and other similar establishments. Penalty- 2 deg.lower than that prescribed for the consummated felony

Child Trafficking Any person who shall engage in trading and dealing with children including, but not limited to, the act of buying and selling of a child for money, or for any other consideration or barter. Penalty-Reclusion Temporal-Reclusion Perpetua. If victim is under 12 years, maximum period

Attempt to Commit Child Trafficking Allowing a child to travel alone to a foreign country Pregnant woman’s execution of affidavit of consent to adoption of unborn child for consideration Recruitment of women or couples for child bearing for purposes of child trafficking Simulation of birth by doctor, hospital, clinic official, etc. for the purpose of child trafficking Finding children among low-income families, hospitals etc. to sell Penalty- 2 deg. Lower from the consummated felony

Obscene Publication and Indecent Shows hire obscene exhibitions live or employ perform indecent shows in video use pose/model Obscene publications pornographic materials Person persuade child induce sell pornographic materials coerce distribute Penalty- Prision Mayor. If under 12 years, maximum period.

Obscene Publications and Indecent Shows: Any ascendant, guardian, or person entrusted in any capacity with care of a child who shall cause and/or allow such child to be employed or to participate in an obscene play, scene, act, movie or show or in any other acts covered by this section shall suffer the penalty correspondents to the Philippine law.

Other Acts of Abuse Any person who shall commit any other acts of child abuse, cruelty or exploitation or be responsible for other conditions prejudicial to the child’s development including those covered by Art. 59 of PD 603, but not covered by the Revised Penal Code Penalty- Prision Mayor Minimum

Other Acts of Abuse 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, discotheque, 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. Penalty- Prision Mayor maximum and fine of not less than Php 50,000.00.

Other Acts of Abuse Any person who shall induce or deliver or offer a minor to anyone prohibited under R.A. 7610 as above described. Penalty-Prision Mayor Medium and fine of not less than Php 50,00.00. 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. Penalty-Prision Mayor Medium and fine of not less than Php 50,000.00

Other Acts of Abuse Any person who shall use, coerce, force or intimidate a street child or any other child to: beg or use begging as a means of living act as conduit or middleman in drug trafficking or pushing conduct any illegal activities. Penalty- Prision Correccional Medium-Reclusion Perpetua

Penalties for Specific Crimes When victim is under 12 years and for purposes of this act, the penalties for Murder, Homicide, other intentional mutilation, Serious Physical Injuries-Reclusion Perpetua. For Qualified Seduction, acts of lasciviousness with consent, corruption of minors, white slave trade- one degree higher than that imposed by law.

Reporting and Investigation of Child Abuse Cases

Reporting A person who learns of facts or circumstances that gives rise to the belief that a child has suffered abuse may report the same, either orally or in writing, to the Department, Police or any other law enforcement agency or to the BCPC.

Mandatory Reporting The head of any private or public hospital, medical clinic and similar institution, as well as the attending physician and nurse, shall report, either orally or in writing, to the Department the examination and/or treatment of a child who appears to have suffered abuse within 48 hours from knowledge of the same.

Duty of Government Workers to Report It shall be the duty of all teachers and administrators in public schools, probation officers, government lawyers, law enforcement officers, barangay officials, corrections officers and other government officials and employees whose work involves dealing with children to report all incidents of possible child abuse to the Department.

Failure to Report Failure of the individuals mandatorily required to report, and the administrator or head of the hospital, clinic or similar institution concerned to report a possible case of child abuse shall be punishable with a fine of not more than two thousand pesos (P2,000.00)

Immunity for Reporting A person who, acting in good faith, shall report a case of child abuse shall be free from any civil or administrative liability arising therefrom. There shall be a presumption that any such person acted in good faith.

Investigation Department to act within 48 hours upon the receipt of a reported incidence of child abuse If the investigation discloses sexual abuse, serious physical injury or life threatening neglect of the child, immediate removal of the child from his/her home and putting him/her under protective custody will be the immediate action of the Department’s representative.

Remedial Procedures Who may file a complaint? Offended Party 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 Barangay Chairman, or Three (3) concerned, responsible citizens where the offense was committed

If you know of an incident….. Report it to: The CHR DSWD PNP Women and Children’s Desk NBI DOJ Barangay Captain Commission on Human Rights 2F DBP Building De la Rama Street, Iloilo City Tel No. 337-8019

Thank you !!!