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THE SPECIAL PROTECTION OF

CHILDREN AGAINST ABUSE,


EXPLOITATION AND
DISCRIMINATION ACT

REPUBLIC ACT NO. 7610


[as amended by Republic Act Nos. 7658 and 9231]
Purpose of the Law

Republic Act No. 7610 was enacted


to provide special protection to children
from all forms of abuse, neglect, cruelty,
exploitation, discrimination, and other
conditions prejudicial to their
development, including child labor and
worst forms of child labor. It supplies the
inadequacies of existing laws treating
crimes committed against children,
namely, the Revised Penal Code, and the
Child Youth Welfare Code.
Meaning of Children

The term children refers to persons


who are:

(a) below eighteen (18) years of age; or

(b) over (18) years of age, but unable to


fully take care or protect themselves
from abuse, neglect, cruelty, exploitation
or discrimination due to physical or
mental disability or condition.
Employment of Children

General Rule: Children below fifteen (15) years


old cannot be employed, permitted or suffered
to work in any public or private establishment.

Exceptions: Children below fifteen (15) years of


age may be employed under the
following circumstances:

(a) When a child works directly


under his parents or legal guardian,
subject to the following conditions:
Employment of Children

(i) Only members of his family are employed


thereat;
(ii) The employment does not endanger the
childs life, safety, health, and morals, or
impair his normal development;
(iii) The parent or legal guardian provides the
child with the prescribed primary or
secondary education; and
(iv) A work permit is first obtained from the
Department of Labor and Employment.
Employment of Children

(b) When the employment of the child is


essential in public entertainment or
information such as cinema, theater, radio,
television or other forms of media, subject
to the following conditions:

(i) An employment contract, duly


approved by the Department of
Labor and Employment, must be
executed by the parents or legal
guardian of the child;
Employment of Children
(ii) The employer must ensure the protection,
health, safety, morals, and normal
development of the child;
(iii) The employer must institute measures to
prevent the childs exploitation or
discrimination;
(iv) The employer must formulate and implement
a continuing program for training and skills
acquisition of the child, subject to the
approval and supervision of competent
authorities; and
(v) A work permit must be obtained from the
Department of Labor and Employment.
Employment of Children
NOTE: 1. Work permit is not necessary for spot
extras or those cast outright on the day of
the filming or taping. Instead, the employer
shall file a notice with the Regional Office
where the work is to be performed that it
will undertake activities involving child work.
The notice shall be in the form prescribed
by the Department and shall state the
approximate number of child workers to be
employed, the date, place and time the work
is to be performed, and an undertaking that
the employment shall be in conformity with
Republic Act No. 9231 and these Rules.
Employment of Children

NOTE: 2. The work permit is valid for a maximum


period of one (1) year.
Suspension or Cancellation of the Work Permit

The Regional Director of the Department


of Labor and Employment may cancel the work
permit of the child on the following grounds:

(a) Fraud or misrepresentation in the application


for work permit;
(b) Violation of the terms and conditions of the
childs employment contract;
Suspension or Cancellation of the Work Permit

(c) Failure to institute measures to ensure the


protection, health, safety, morals, and normal
development of the child;
(d) Failure to formulate and implement a program
for the education, training and skills
acquisition of the child; or
(e) Depriving the child of access to formal, non-
formal or alternative learning system of
education.
Hours of Work of Working Children

BELOW 18 YEARS OLD - Not more than four (4)


hours/day
- Not more than twenty
(20) hours/week
- No work between 8:00
p.m. and 6:00 a.m.
15-18 YEARS OLD - Not more than eight (8)
hours/day
- Not more than forty (40)
hours/week
- No work between 10:00
p.m. and 6:00 a.m.
Prohibited Child Employment
Children cannot be employed in any of the
following:
(a) As a model in any advertisement
which directly or indirectly
promote:
(i) alcoholic beverages or
intoxicating drinks;
(ii) tobacco and its by-products;
(iii) gambling;
(iv) violence; or
(v) pornography.
Prohibited Child Employment

(b) In worst forms of labor, particularly:

(i) Slavery or acts similar to slavery,


such as sale and trafficking of
children, debt bondage and
serfdom, forced labor, or for use
in armed conflict;
(ii) Prostitution, pornographic
performance, or production of
pornography;
Prohibited Child Employment

(iii) Illegal or illicit activities, including


the production and trafficking of
dangerous drugs and volatile
substances prohibited under existing
laws;
(iv) Jobs which degrade or demean the
intrinsic worth and dignity of a child
as a human being;
(v) Jobs which are highly stressful
psychologically, or which expose the
child to physical, emotional or sexual
abuse;
Prohibited Child Employment
(vi) Jobs which are performed
underground, underwater or at
dangerous heights;
(vii) Jobs which involve the use of
dangerous machinery, equipment
and tools such as power-driven or
explosive power-actuated tools; or
(viii) Jobs which expose the child to
physical danger such as, but not
limited to the dangerous feats of
balancing, physical strength or
contortion, or which requires the
manual transport of heavy loads;
Prohibited Child Employment

(ix) Jobs which expose the child to


hazardous working conditions,
elements, substances, co-agents or
processes involving ionizing,
radiation, fire, flammable
substances, noxious components and
the like, or to extreme
temperatures, noise levels, or
vibrations;
(x) Jobs performed under particularly
difficult conditions;
Prohibited Child Employment

(xi) Jobs which expose the child to


biological agents such as bacteria,
fungi, viruses, protozoans,
nematodes and other parasites; or
(xii) Jobs which involve the manufacture
or handling of explosives and other
pyrotechnic products.
Handling of Childs Income or Property

The income of the working child


belongs to him alone. It shall be used
primarily for his support, education or
skills acquisition and secondarily to the
collective needs of the family to the
extent of 20% of the income.
Child Abuse a criminal offense

To ensure that children are protected, child


abuse and other acts of child exploitation are
declared as criminal offenses. Such criminal
offenses can refer to:
(a) Child prostitution or sexual abuse;
(b) Attempt to commit child prostitution;
(c) Child trafficking;
(d) Attempt to commit child trafficking;
(e) Obscene publication and indecent shows;
(f) Cruelty, physical abuse, neglect,
psychological and emotional maltreatment;
Child Abuse a criminal offense

(g) Any act by deeds or words which


debases, degrades or demeans the
intrinsic worth and dignity of a child
as a human being;
(h) Unreasonable deprivation of his basic
needs for survival, such as food and
shelter; or
(i) 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.
THANK YOU!!!!

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