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

Republic Act 7610

17 June 1992

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 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

Forms of Child Abuse

There are four major categories of child abuse:

Physical Abuse Sexual Abuse Emotional Abuse

Neglect

Physical Abuse
Non-accidental physical injury may include severe beatings, burns, biting, strangulation and scalding with resulting bruises, welts, broken bones, scars or serious internal injuries.

Sexual Abuse
Sexual abuse is any sexual
contact with a child or the use of a child for the sexual pleasure of someone else. This may include exposing private parts to the child or asking the child to expose him or herself, fondling of the genitals or requests for the child to do so; Oral sex or attempts to enter the vagina or anus with fingers, objects or penis, although actual penetration is rarely achieved.

Emotional Abuse
Emotional Abuse is a pattern of behavior that attacks a child's emotional development and sense of self-worth. Includes excessive, aggressive or unreasonable demands that place expectations on a child beyond his or her capacity. Constant criticizing, belittling, insulting, rejecting and teasing are some of the forms these verbal attacks can take. Also includes failure to provide the psychological nurturing necessary for a child's psychological growth and development -- providing no love, support or guidance

Neglect
Failure to provide for a child's physical needs. Includes lack of supervision, inappropriate housing or shelter; Inadequate provision of food; Inappropriate clothing for season or weather; Abandonment, denial of medical care; and Inadequate hygiene.

Other 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 Childs 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

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. 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.

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.

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.

Attempt to Commit Child Trafficking

Allowing a child to travel alone to a foreign country Pregnant womans 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

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 the law 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 childs development including those covered by Art. 59 of PD 603, but not covered by the Revised Penal Code

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.

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. 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.

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.

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 BCPC, Police or any other law enforcement agency or to the BHRAC.

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 Police 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.

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
The admitting agency 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 state representative or agent.

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: BCPC DSWD PNP Women and Childrens Desk The CHR NBI DOJ

Thank you !!!