Child protection-FINAL

TOPIC 1: ALL ABOUT CHILDREN & ABUSE/SPECIAL LAWS ON PROTECTION

ABIGAIL ORESTE BARRERA-RAYALAPolice Officer 2WCPD INVESTIGATOR

• "There is no more fundamental test of a society than how it treats its children."-RONALD RAEGAN

DEFINITION OF TERMSWHO IS A CHILD? [The Legal Definition . . . RA 7610]• CHILD- Refers to a person below 18 years of

age. Person over 18 years of age unable to care for or protect self from abuse, neglect, cruelty or exploitation due to mental or physical disability.

• Child Abuse - Consists of any act, or failure to act, that endangers a child’s physical or emotional health and development Whether habitual or not, regardless of intention, regardless of “cooperation” by child, which includes the following:

•

DEFINITION OF TERMS• Also sometimes called child

maltreatment• child abuser - is any person regardless of age,

sex, race, creed or color who deliberately commits or perpetuates any acts defined as constituting child abuse. A child abuser is usually a person known or trusted by the child--can be a family member, a relative, neighbor, friend, teacher, baby sitter or caregiver. He or she may also be a stranger to the child. Study shows that most child abusers have been victims of child abuse.

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”.

RIGHTS OF A CHILD• * It is my right to be born, to have a name and

nationality• * To have a family who will and care for me• * To live in a peaceful community and a

wholesome environment.• * To have adequate food and a healthy and

active body• To obtain a good education and develop my

potential.

RIGHTS OF A CHILD• * To be given opportunities for play and leisure• * To be protected against abuse, exploitation,

neglect, violence and danger.• * To be defended and given assistance by the

government.• * To be able to express my own views

FORMS OF ABUSE• 4 major categories of Child Abuse

• PHYSICAL ABUSE• EMOTIONAL/PSYCHOLOGICAL ABUSE• SEXUAL ABUSE• NEGLECT

FORMS OF ABUSE• Physical Abuse - Includes but is not

limited to laceration, fractured bones, internal injuries, severe injury or serious bodily harm.

• Psychological Abuse-Harm to child’s psychological or intellectual functioning exhibited by a change in behavior, emotional response or cognition

•

FORMS OF ABUSE• Neglect- Failure to provide, for reasons

other than poverty, adequate food, clothing, shelter, basic education or medical care so as to endanger the physical, mental, social and emotional growth and development of the child.

• Endangerment can be considered a form of neglect (or goes even beyond neglect because it may have such immediate tragic consequences).

•

FORMS OF ABUSE• Sexual Abuse- Includes the use of a child to engage in

sexual intercourse or lascivious conduct, molestation or prostitution of, or incest with, regardless of consent.

• Lascivious Conduct- Includes intentional touching of the genitalia, anus, groin, breast inner thigh or buttocks of a child, directly or through clothing- Introduction of any object into the genitalia, anus or mouth of a child

• Exploitation- Includes the performance or posing of any child in obscene exhibition and indecent shows-.Selling or distribution of child pornography materials.(RA 7610 Sec. 2(i) Rules and Regulations on Reporting and Investigation of Child Abuse Cases)

•

FORMS OF ABUSE• Cruelty - Any act by word or deed which

debases, degrades or demeans the intrinsic worth and dignity of a child.

Theories of Child Abuse

RECOGNIZING SUSPECTED ABUSE AND POTENTIAL PERPETRATORS

• Common Types of injuries(not all inclusive)


• unexplained injuries; • poor hygiene; • inadequate nutrition; • failure to thrive; • lack of supervision or abandonment


• Warning signs of emotional abuse in children

• Excessively withdrawn, fearful, or anxious about doing something wrong.

• Shows extremes in behavior (extremely compliant or extremely demanding; extremely passive or extremely aggressive).

• Doesn’t seem to be attached to the parent or caregiver.• Acts either inappropriately adult (taking care of other

children) or inappropriately infantile (rocking, thumb-sucking, throwing tantrums).


Warning signs of neglect in children• Clothes are ill-fitting, filthy, or inappropriate for

the weather.• Hygiene is consistently bad (unbathed, matted

and unwashed hair, noticeable body odor). • Untreated illnesses and physical injuries. • Is frequently unsupervised or left alone or

allowed to play in unsafe situations and environments.

• Is frequently late or missing from school.

Warning signs of sexual abuse in children• Trouble walking or sitting.• Displays knowledge or interest in sexual acts

inappropriate to his or her age, or even seductive behavior.

• Makes strong efforts to avoid a specific person, without an obvious reason.

• Doesn’t want to change clothes in front of others or participate in physical activities.

• An STD or pregnancy, especially under the age of 14.• Runs away from home


Parents;RelativesCare giversPerson/s that the child trust



Factors Affecting/Influencing perpetrators• Substance abuse• Poverty/Unemployment• Poor coping/parenting skills• Immaturity• Poor Education• History of abuse/domestic violence• Behavioral /Psych/Depression• Social Isolation

• Presidential Decree 603 - The Child& Youth Welfare Act

• Republic Act 7610 - An Act Providing for Stronger Deterrence & Special Protection Against Child Abuse, Exploitation & Discrimination;

SPECIAL LAWS ON PROTECTION OF CHILDREN AGAINST ABUSE[LEGISLATION ON CHILD ABUSE/LEGAL BASIS]

• RA 9231 – “an act providing for the elimination of the worst forms of child labor and affording stronger protection for the working child” (amending republic act no. 7610, as amended)

RA 9262- Anti-Violence Against Women and their Children Act of 2004*Defines , penalizes and provides protective measures against violence against women and their children


• Offense may be committed by any person against a woman who is his wife, former wife, with whom the person has or had a sexual or dating relationship, or with whom he has a common child, or against her child whether legitimate or illegitimate, within or without the family abode

• Includes the prostitution of a woman and her child as a form of sexual violence

• Imposable penalty is prision mayor or 6 years and 1 day to 12 years


SPECIAL LAWS ON PROTECTION OF CHILDREN AGAINST ABUSE

[LEGISLATION ON CHILD ABUSE/LEGAL BASIS

• RA 9344 - Juvenile Justice and Welfare Act of 2006

NOTE* The law covers only CRIMINAL LIABILITY.• The law principally deals with AGE – which is

determinative of the subsequent actions to be taken on the child.

• The law has tasked the Punong Barangay, Law Enforcer, Prosecutor and Judges of determining the age of the child.



• R.A. 9208- Anti-Trafficking in Persons Act of 2003

• *AN ACT TO INSTITUTE POLICIES TO ELIMINATE TRAFFICKING IN PERSONS ESPECIALLY WOMEN AND CHILDREN, ESTABLISHING THE NECESSARY INSTITUTIONAL MECHANISMS FOR THE PROTECTION AND SUPPORT OF TRAFFICKED PERSONS, PROVIDING PENALTIES FOR ITS VIOLATIONS, AND FOR OTHER PURPOSES



RA 9775- "Anti-Child Pornography Act of 2009“

Declaration of Policy: The State recognizes the vital role of the youth in nation building and shall promote and protect their physical, moral, spiritual, intellectual, emotional, psychological and social well-being.

The State shall:



(a)Guarantee the fundamental rights of every child from all forms of neglect, cruelty and other conditions prejudicial to their development;

(b) Protect the child from all forms of exploitation and abuse including, but not limited to:

(1) the exploitative use of a child or children in pornographic performances and materials; and

(2) the inducement or coercion of a child to engage in or perform any sexual activity or practices, through whatever means; and

c) Comply with international treaties to which the Philippines is a signatory or a State party concerning the rights of children which include: Convention on the Rights of the Child; 2nd Optional Protocol to the Convention on the

Rights of the Child on the Sale of Children, Child Prostitution and Child Pornography;

International Labor Organization (ILO) Convention No. 182 on the Elimination of the Worst Forms of Child Labor and the Convention Against Transnational Organized Crime.



• RA 10267- The Anti-Bullying Act of 2013 signed last September 12, 2013 by Pres Benigno Simeon Cojuanco Aquino



THANK YOU SO MUCH!!

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Child protection-FINAL