Child Abuse or Neglected Child

It is the physical and mental injury or maltreatment of a child by a person who is responsible for the childs welfare, under circumstances which will indicate that the childs health or welfare is harmed or threatened thereby. The infliction must be willful and not accidental.

 The

victim is of tender age It occurs in all levels of the economic strata Usually, only one child is involved Parents are frequently immature, selfcentered, impulsive and with poorly controlled aggression

Battered

Child Battered Child Syndrome Maltreatment Syndrome Maltreated Child Physically Abused Child Ill-treated Syndrome

Art. 46, The Child and Youth Welfare Code General Duties Parents shall have the following general duties toward their children: (1) To give him affection, companionship and understanding; (2) To extend to him the benefits of moral guidance, self-discipline and religious instruction; (3) To supervise his activities, including his recreation;

Duties of Parents

 (4)

To inculcate in him the value of industry, thrift and self-reliance; (5) To stimulate his interest in civic affairs, teach him the duties of citizenship, and develop his commitment to his country; (6) To advise him properly on any matter affecting his development and well-being; (7) To always set a good example;

 (8)

To provide him with adequate support, as defined in Article 290 of the Civil Code; and (9) To administer his property, if any, according to his best interests, subject to the provisions of Article 320 of the Civil Code.

Rights of Parents
Under

the Child and Youth Welfare

Code: Art. 45. Right to Discipline Child. Parents have the right to discipline the child as may be necessary for the formation of his good character, and may therefore require from him obedience to just and reasonable rules, suggestions and admonitions.

Under the Civil Code: Art. 316 The father and the mother have, with respect to their unemancipated children: 1. The duty to support them, to have them in their company, educate and instruct them in keeping with their means, and to represent them in all actions which may redound to their benefit; 2. The power to correct them and to punish moderately.

The Family Code

Title IX Parental Authority Art. 209. Pursuant to the natural right and duty of parents over the person and property of their unemancipated children, parental authority and responsibility shall include the caring for and rearing them for civic consciousness and efficiency and the development of their moral, mental and physical character and well-being.

Chapter 3. Effect of Parental Authority Upon the Persons of the Children Art. 220. The parents and those exercising parental authority shall have with the respect to their unemancipated children on wards the following rights and duties: (1) To keep them in their company, to support, educate and instruct them by right precept and good example, and to provide for their upbringing in keeping with their means; (2) To give them love and affection, advice and counsel, companionship and

(3) To provide them with moral and spiritual guidance, inculcate in them honesty, integrity, self-discipline, self-reliance, industry and thrift, stimulate their interest in civic affairs, and inspire in them compliance with the duties of citizenship; (4) To furnish them with good and wholesome educational materials, supervise their activities, recreation and association with others, protect them from bad company, and prevent them from acquiring habits detrimental to their health, studies and morals;

(5) To represent them in all matters affecting their interests; (6) To demand from them respect and obedience; (7) To impose discipline on them as may be required under the circumstances; and (8) To perform such other duties as are imposed by law upon parents and guardians. (316a)

Art. 221. Parents and other persons exercising parental authority shall be civilly liable for the injuries and damages caused by the acts or omissions of their unemancipated children living in their company and under their parental authority subject to the appropriate defenses provided by law. (2180(2)a and (4)a )

Four Main Types of Child Abuse

Physical Abuse
Sexual Abuse

Psychological Abuse
Neglect

Physical Abuse
involves

physical aggression directed at a child by an adult The injury may be the result of:
Beating, slapping, or hitting Pushing, shaking, kicking, or throwing Pinching, biting, choking, or hair-pulling Burning with cigarettes, scalding water, or other hot objects Severe physical punishment

Physical Punishment

Physical Abuse

-the use of physical -an injury resulting force with the intent from physical of inflicting bodily aggression pain, but not injury, for the purpose of correction or control.

Typical Types of Physical Child Abuse

Shaken Baby Syndrome - Shaking a baby or toddler can cause serious head injuries Munchausen by Proxy Syndrome Inducing medical illness in a child or wrongly convincing others that a child is sick is both dangerous and abusive. Drug use during pregnancy - Drug and alcohol use during pregnancy or lactation can be harmful to your child, leading to problems such as Fetal Alcohol Syndrome

Sexual Abuse
any

sexual act between an adult and a child, including penetration, intercourse, incest, rape, oral sex, and sodomy

Other Examples
Fondling - Touching or kissing a child's genitals, making a child fondle an adult's genitals Violations of bodily privacy - Forcing a child to undress, spying on a child in the bathroom or bedroom. Exposing children to adult sexuality Performing sexual acts in front of a child, exposing genitals, telling "dirty" stories, showing pornography to a child. Commercial exploitation - Sexual

Sexual Child Abusers:

Fathers, mothers, siblings, or other relatives Childcare professionals or babysitters Clergy, teachers, or athletic coaches Foster parents or host families of foreign-exchange students Neighbors or friends Strangers

Effects:
Guilt and self-blame Flashbacks Nightmares Insomnia Post-traumatic stress disorder Self-esteem issues Depression Suicidal ideation Other mental illnesses

Psychological Abuse
any attitude, behavior, or failure to act that interferes with a child's mental health or social development. It can range from a simple verbal insult to an extreme form of punishment. almost always present when another form of abuse is found. can have more long-lasting negative psychiatric effects than either physical abuse or sexual abuse.

Includes:
Ridicule

Degradation
Torture

or killing of a pet Destruction of personal belongings Excessive criticism Inappropriate or excessive demands Routine labeling or humiliation

Effects:
Abnormal

or disrupted attachment development a tendency for victims to blame themselves (self-blame) for the abuse Learned helplessness Overly passive behavior

Child Neglect
most prevalent form of child abuse or mistreatment takes place when the youth is impeded from receiving adequate care that is delivered as a basic human right to aid in the childs development and growth

Three Basic Types of Neglect

Physical Neglect
Failure to provide food, clothing appropriate for the weather, supervision, a home that is hygienic and safe, and/or medical care, as needed. Failure to enroll a school-age child in school or to provide necessary special education. This includes allowing excessive absences from school.
Failure to provide emotional support, love, and affection. This includes neglect of the child's emotional needs and failure to provide psychological care, as needed.

Educational Neglect

Emotional Neglect

Causes of Child Abuse and Neglect

1.

Unwanted Child Husband disputing the paternity of the child Illegitimacy: a. Child born of unmarried woman b. Wife committed adultery c. Child born as a consequence of rape Congenital or acquired deformity of the child Child allegedly giving bad luck to the family

2.

Abusive Parent

Uncontrollable abuse by psychotic, pervasively angry or temperamental parent Uncontrollable abuse by compulsive disciplinarian or impulsive but generally inadequate parents

3.
-

Child as a Center of a Triangle in a case of a couple or mother livein boyfriend, more often the child is placed in the middle of an emotional triangle When resentment builds between them, the child commonly becomes the target of mans hostility

Classification of Child Abusers

Intermitent

Child Abuser - Parents who periodically batter a child with periods of proper care between battering. One-time Child Abuser - Parents who manhandle their children for a time and never repeat the act.

Constant Child Abuser - Parent who actually hates his or her child and callously and deliberately beats and miscares for it. Ignorant Abuser - The most tragic because the parents mean well, but their attempts at rearing their children result in a permanent injury or death of their children, and they are truly sorry when the child dies.

Medical Evidence Tending to Show Injuries due to Abuse

1.

Skin imprints from forcefully striking objects hand, cord, chain

2.

Multiple bruises and/or scars, particularly on the trunk, head and face

3.

Multiple small burns or emersion burn levels cigarette, iron, boiling water

4.

Multiple fresh healing fractures; twist fractures

Trauma to the mouth, nose, ears and eyes

5.

6.

In case of sexual abuse, injuries to the genitalia, peri-rectal and peri-vaginal may be present. In case of child neglect, signs of malnourishment, poor hygiene, infection, poor growth and development may be observed.

7.

Facts to be Considered to Suspect that a Child is a Victim of Abuse

The

child is emotional, fearful, and with a vague history of injury. The parents present a vague and defensive detail of the childs illness or injury

 Too

many previous unexplained signs of injuries or history of previous illness Parents have extended delay in seeking medical cure Poor growth and development of the child

Other Battered Victims

Battered

Wife Battered Grannies

Jurisprudence
People of the Philippines vs. Cabalquinto GR No. 167693 , September 19, 2006 The victim, AAA an 8 years old minor, stated in her Sinumpaang Salaysay that her father raped her seven(7) times since her mother left for abroad. Dr. Manalo, who conducted the physical examination of AAA, testified that the latter had no injury on her genitalia; that

is quite large and distensible possibly because of penile penetration; and that she recovered a strand of pubic hair inside AAAs vaginal vault which could only have reached the area as a consequence of penile penetration because AAA did not have pubic hair yet. On cross-examination, Dr. Manalo stated that she did not find any traces of bleeding in AAAs vagina but that injury is uncommon in incestuous rape.

Jurisprudence
Roberto De Guzman vs. Hernando Perez, in his capacity as Secretary of Justice, and Shirley Aberde GR No. 156013 , July 25, 2006 Petitioner and private respondent Shirley F. Aberde became sweethearts while studying law in the University of Sto. Tomas. Their studies were interrupted when private respondent became pregnant. She gave birth to petitioners child, Robby Aberde de Guzman, on October 2, 1987.

Private respondent and petitioner never got married. In 1991, petitioner married another woman with whom he begot two children. Private respondent demanded support for Robby who was entering high school that coming school year (June 2000). She explained that, given her financial problems, it was extremely difficult for her to send him to a good school but petitioner ignored private respondents demand

Issue: Whether or not a parent who fails or refuses to do his part in providing his child the education his station in life and financial condition permit, be charged for neglect of child under Article 59(4) of PD 603. Held: The law is clear. The crime may be committed by any parent. Liability for the crime does not depend on whether the other parent is also guilty of neglect. The law intends to punish the neglect of any parent, which neglect corresponds to the failure to give the

child the education which the familys station in life and financial condition permit. The irresponsible parent cannot exculpate himself from the consequences of his neglect by invoking the other parents faithful compliance with his or her own parental duties.