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TOPIC 1: ALL ABOUT CHILDREN &

ABUSE/SPECIAL LAWS ON PROTECTION

ABIGAIL ORESTE BARRERA-RAYALA


Police Officer 3
WCPD INVESTIGATOR
• "There is no more fundamental test of a
society than how it treats its children."
-RONALD RAEGAN
A Child cannot wait…

All they ask for

is for us to take
action.
CHILD
SEXUAL ABUSE AND
EXPLOITATION
AWARENESS
DEFINITION OF TERMS
WHO 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
• 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)

Theories of Child Abuse
RECOGNIZING SUSPECTED ABUSE AND
POTENTIAL PERPETRATORS
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
RECOGNIZING SUSPECTED ABUSE AND
POTENTIAL PERPETRATORS
Parents;
Relatives
Care givers
Person/s that the child trust
RECOGNIZING SUSPECTED ABUSE AND
POTENTIAL PERPETRATORS
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
SPECIAL LAWS ON PROTECTION OF CHILDREN
AGAINST ABUSE
[LEGISLATION ON CHILD ABUSE/LEGAL BASIS]

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

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

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


of 2003 as amended
• *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
SPECIAL LAWS ON PROTECTION OF CHILDREN
AGAINST ABUSE
[LEGISLATION ON CHILD ABUSE/LEGAL BASIS

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

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

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

• RA 10267- The Anti-Bullying Act of 2013


signed last September 12, 2013 by Pres
Benigno Simeon Cojuanco Aquino

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