The Special Protection of Children Against Child Abuse

The Special Protection of Children Against care, abandonment, inadequate supervision and Child Abuse, Exploitation and Discrimination Act or Republic Act 7610 (Art.1 Sec. 3) expulsion from home or refusing to allow a runaway to return home. defines child abuse as maltreatment, whether Educational Neglect habitual or not. • A person who is below 18 years old Failure to enroll a child of mandatory school or those over but are unable to fully age and inattention to a special educational take care of themselves from abuse, need. neglect, cruelty, exploitation or discrimination because of physical or mental disability or condition. • Emotional Neglect Includes such action as chronic or extreme By a person who is responsible for the spouse abuse in the child's presence, permission of drug abuse or alcohol use by the child's welfare. Under circumstances child and refusal or failure to provide needed which gravely threaten or endanger the survival and normal development psychological care. of children. Sexual Abuse Includes wide range of behavior; fondling of a Operational Definition child's genitals, intercourse, rape, sodomy, Physical Abuse exhibitionism and commercial exploitation through prostitution or the production of Is characterized by physical injury (e.g. bruises and fractures) resulting from punching, pornographic materials. beating, kicking, biting, or otherwise harming Sexual Exploitation a child. The injury may have resulted from over discipline or physical punishment that is Children whether male or female, who for money, profit or any other consideration or due inappropriate to the child's age or condition. The injury may be the results from over to the coercion or influence of any adult, syndicate or group, indulge in sexual discipline or physical punishment that is intercourse or lascivious conduct, are deemed inappropriate to the child's age or condition. to be children exploited in prostitution and other sexual abuse. An injury resulting from physical punishment that requires medical treatment is considered Emotional abuse outside the realm of normal disciplinary Includes acts or omissions by the parents or measures. other persons responsible for the child's care and that have caused or could cause serious Neglect behavioral, cognitive, emotional or mental Child neglect is characterized by failure to disorder. It is the most difficult form of child provide for the child's basic needs. Neglect can maltreatment. be physical, educational or emotional. Child trafficking The act of trading or dealing with children, Physical Neglect including but not limited to, the buying and Includes refusal of or delay in seeking health selling children for money, or for any other consideration, or barter. Who can file a complaint for child abuse? 1. The child victim 2. The parent or legal guardian of the Child Labor The employment of children below 15 years of age who force, suffer to work for money or any other consideration. victim 3. The grandparent, or relative of the child victim up to a first cousin The condition of employment endangers the life, safety, health and normal development of the child. 4. The Barangay Chairman 5. One of a group of 3 or more persons who have personal knowledge of the abuse. Abandoned The failure to provide for the care and support of a child for at least six (6) continuous months PUNISHABLE ACTS for no valid reason shall be presumed as an CHILD PROSTITUTION AND intent to abandon the child unless said failure is due to reasons beyond the control of the OTHER SEXUAL ABUSE • reclusion temporal in its medium • if victim is under twelve (12) years of parent or is due to financial reasons. period to reclusion perpetua The failure to report to a law enforcement age: reclusion temporal in its medium agency or to the Department of Social Welfare and Development (DSWD) that the child is period missing within seventy-two (72) hours after his disappearance is discovered. ATTEMPT TO COMMIT CHILD PROSTITUTION • Persons required by law to report child than that prescribed for the consummated felony under Section 5 abuse cases The following must report child abuse case: 1. The head of a public or private hospital, medical clinic or similar institution, as well as the physician and A penalty lower by two (2) degrees CHILD TRAFFICKING • reclusion temporal perpetua. The to penalty reclusion shall be nurse who attended to the needs of the imposed in its maximum period when abused child. 2. Teachers and administrators of public the victim under twelve (12) years of age. schools 3. Parole and probation officers ATTEMPT TO COMMIT 4. Government lawyers CHILD TRAFFICKING 5. 6. Law enforcement officers Barangay officials 7. Correction officers such as jail guards 8. Other government • that prescribed for the consummated officials employees whose work dealing with children A penalty lower two (2) degrees than and felony under Section 7 shall be imposed upon the principals of the attempt involves OBSCENE PUBLICATIONS AND INDECENT SHOWS • • prision mayor in its medium period. If the child used as a performer, subject or seller/distributor is below twelve (12) years of age, the penalty shall be imposed in its maximum period. • Any ascendant, guardian, or person entrusted in any capacity with the care of a child who shall cause and/or allow such child to be employed or to participate: prision mayor in its medium period