Republic Act No.

7610
Special Protection of Children
Against Child Abuse, Exploitation
and Discrimination Act
The State shall intervene on
behalf of the Child when the
parent, guardian, teacher or
person having care or custody of
the child, or fails or unable to
protect the child against abuse,
exploitation and discrimination.





It shall be the policy of the
State to protect and
rehabilitate children gravely
threatened or endangered
by circumstances which
affect or will affect their
survival and normal
development.

The best interests of
the child shall be
paramount
consideration
TERMS DEFINED:

1. CHILDREN

Persons below eighteen (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 physical or mental
disability or conditions; (Section 3 (a), R.A.
7610)

2. CHILD ABUSE
Refers to maltreatment, whether habitual
or not of the child which includes any of the
following;

1. Psychological and physical abuse, neglect,
cruelty, sexual abuse and emotional
maltreatment;
2. Any act by deeds or words which debases,
degrades or demeans the intrinsic worth
and dignity of a child as a human being;





3. Unreasonable deprivation of his
basic needs for survival, such as food
and shelter, or

4. 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;


3. CRUELTY

Discipline administered by a parent
or legal guardian to a child does not
constitute cruelty provided it is
reasonable in manner and moderate in
degree and does not constitute
physical or psychological injury as
defined herein;

4. PHYSICAL INJURY

Includes but is not limited to
lacerations, fractured bones,
burns, internal injuries
5. PSYCHOLOGICAL INJURY

Means harm to a childs psychological or
intellectual/functioning which may be
exhibited by severe anxiety, depression,
withdrawal or outward aggressive behavior
or a combination of said behavior,

May be demonstrated by a change in
behavior, emotional response or cognition;

6. NEGLECT

Means failure to provide, for reasons
other than poverty, adequate food,
clothing, shelter, basic education or
medical care (to seriously endanger
the physical, mental, social and
emotional growth and development of
the child);


7. SEXUAL ABUSE

Includes the employment, use,
persuasion, inducement, enticement or
coercion of a child to engage in, or
assist another person to engage in,
sexual intercourse or lascivious conduct
or the molestation, prostitution or
incest with children;

8. LASCIVIOUS CONDUCT

Intentional touching with malice or
lust, either directly or through
clothing, of the genitalia, anus,
groin, breast, inner thigh, or
buttocks or any part of the body .
9. EXPLOITATION
Hiring, employment, persuasion, inducement
or coercion of a child to perform in obscene
exhibition and indecent shows, whether live
or in video or film, or to pose or act as a
model in obscene publication or
pornographic materials, or to sell or
distribute said materials;

* Hiring and employment for purposes of prostitution
now punishable under R.A. 9208 (Anti-Trafficking
in Persons Act of 2003)
CHILDREN IN INDIGENOUS
CULTURAL COMMUNITIES

Refers to a native community whose
members are bound by a common ethnic
origin, language, culture or religion or
beliefs and whose existence as a distinct
community with its own particular
characteristics;

Entitled to protection, survival and
development consistent with the customs
and traditions of their respective
communities.


CHILDREN IN SITUATIONS
OF ARMED CONFLICT

Armed Conflict- refers to any
conflict between government forces
and organized groups which involves
the actual use of armed force, which
disrupts normal, social, economic,
political and cultural activities in a
specific geographical area.

Children as Zones of Peace

Children shall not be
recruited as combatants or
used as guides, couriers or
spies.

Children shall be given special respect.
They shall not be the object of attacks.
Facilitate reunion of families temporarily
separated due to armed conflict

Rights of children taken into custody by
government forces in an armed conflict
area
-notify parents or guardian immediately


The delivery of basic social services such
as education, primary health care and
emergency relief shall be kept
unhampered and the safety and
protection of service providers ensured;

Children centers such as schools and
health clinics shall not be used for
military purposes such as command
posts, barracks, detachments and supply
depots.
Children arrested for reasons related to
armed conflict are entitled to:
Immediate free legal assistance
Immediate notice of such arrest to the
parents or legal guardians
Release to the custody of the DSWD
within 24 hours
The barangay chairman shall immediately
submit to the municipal social welfare and
development office the names of children
affected by war in their community.








LABOR RELATED OFFENSES COMMITTED
AGAINST CHILDREN, AS AMENDED BY
R.A. 7658, FURTHER AMENDED BY
R.A. 9231


General Rule: Children below fifteen
(15) years of age shall not be employed.
Exceptions: When a child works
directly under the sole responsibility of his
parents and legal guardian and where only
members of the employers family are
employed

Employment must not endanger life,
safety, nor impairs normal
development.

Parent or legal guardian shall provide
the said child with the prescribed
primary and/or secondary education.


When a childs employment or
participation in public entertainment or
information through cinema, theater,
radio or television is essential;

Employment contract is included by the
childs parents or legal guardian, with the
express agreement of the child
concerned, if possible, and the approval
of the DOLE.



Strict compliance in the following
requirements:

Employer shall ensure the protection, health,
safety, morals and normal development of the
child

Employer shall institute measures to prevent the
childs exploitation or discrimination taking into
account the system and level of re-numeration and
the duration and arrangement of the working time.

Employer shall formulate and implement, subject
to the approval and supervision of competent
authorities, a continuing program for training and
skills acquisition of the child


OTHER ACTS OF ABUSE


May be committed by:

Any parent who commits any other acts of child
abuse, such as:

a. Conceals or abandons the child with intent to
make such child lose his civil status.
b. Abandons the child under such circumstances
as to deprive him of the love, care and protection
he needs.

c. Neglects the child by not giving him
the education which the familys
situation in life and financial
conditions permit.

d. Fails or refuses, without justifiable
ground, to enroll the child as required
by Article 72.

e. Causes, abates or permits the truancy of the
child from the school where he is enrolled.
Truancy as herein used means absence without
cause for more than twenty school days, not
necessarily consecutive.
It shall be the duty of the teacher in charge to
report to the parents the absences of the child
the moment these exceed five (5) school days.

f. Improperly exploits the child by using him,
directly or indirectly, such as for purposes of
begging and other acts which are inimical to his
interest and welfare.


g. Inflicts cruel and unusual punishment
upon the child or deliberately subjects
him to indignations and other excessive
chastisement that embarrass or
humiliate him.

h. Causes or encourages the child to lead
an immoral or dissolute life

i. Permits the child to posses, handle or
carry a deadly weapon, regardless of its
ownership.


Parents as herein used shall include the
guardian and the head of the institution or
foster home which has custody of the
child.

j. Allows or requires the child to drive
without a license or with license which the
parent knows to have been illegally
procured. If the motor vehicle driven by
the child belongs to the parent, it shall be
presumed that he permitted or ordered
the child to drive.

I. 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,
disco, 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.
II. Any person who shall induce or deliver
or offer a minor to anyone prohibited
under R.A. 7610.

III. 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.
IV. Any person who shall use,
coerce, force or intimidate a street
child or any other child to:

a. beg or use begging as a means of
living;
b. act as conduit or middleman in
drug trafficking or pushing;
c. conduct any illegal activities.
Who May File A Complaint?
Parents or Guardians
Ascendant or collateral relative within 3
rd

degree of consanguinity
Officer, social worker or representative of a
licensed child-caring institution
Officer or social worker of the DSWD
Offended Party
Barangay Chairman, or
Three (3) concerned, responsible citizens
where the offense was committed
Duty to Report
Teachers and administrators in
public schools
Probation Officers
Government lawyers
Barangay officials
Correction officers and other
government officials and
employees whose work involves
dealing with children
Mandatory Reporting (IRR)

Attending physician and nurse

Head of public or private hospital,
medical clinic and similar institution
*failure to report:
fine > P2,000.00
Other Features:
Protective Custody of the Child
(DSWD will be free from any
administrative, civil or criminal liability)
Confidentiality
-Protection of victim from undue publicity
(IRR)
-Unauthorized disclosure of records:
Fine>P2,400.00 or imprisonment >1 yr or
both
THANK YOU!