Protecting Children from all forms of violence

Article 19 of un crc
All children have the right to be protected from violence, exploitation and
abuse. Yet, millions of children worldwide from all socio-economic
backgrounds, across all ages, religions and cultures suffer violence,
exploitation and abuse every day. Millions more are at risk.
Violence, exploitation and abuse are often practiced by someone known to
the child, including parents, other family members, caretakers, teachers,
employers, law enforcement authorities, state and non-state actors and other
children. Only a small proportion of acts of violence, exploitation and abuse
are reported and investigated, and few perpetrators are held accountable.
Violence, exploitation and abuse occur in the homes, families, schools, care
and justice systems, workplaces and communities across all contexts,
including as a result of conflict and natural disasters. Many children are
exposed to various forms of violence, exploitation and abuse,
including sexual abuse and exploitation, armed violence, trafficking ,child
labour, gender-based violence, bullying (see UNICEF, Too often in silence,
2010), cyber-bullying, gang violence, female genital mutilation/cutting, child
marriage, physically and emotionally violent child discipline, and other
harmful practices.
Article 19
1. States Parties shall take all appropriate legislative, administrative, social and
educational measures to protect the child from all forms of physical or mental
violence, injury or abuse, neglect or negligent treatment, maltreatment or
exploitation, including sexual abuse, while in the care of parent(s), legal guardian(s)
or any other person who has the care of the child.
2. Such protective measures should, as appropriate, include effective
procedures for the establishment of social programmes to provide necessary
support for the child and for those who have the care of the child, as well as
for other forms of prevention and for identification, reporting, referral,
investigation, treatment and follow-up of instances of child maltreatment
described heretofore, and, as appropriate, for judicial involvement.
This requires States to take all appropriate legislative, administrative, social
and educational measures to protect the child from all forms of physical or
mental violence, injury or abuse, neglect or negligent treatment,
maltreatment or exploitation, including sexual abuse, while in the care of
parent(s), legal guardian(s) or any other person who has the care of the
child. There is no ambiguity: all forms of physical or mental violence does
not leave room for any level of legalized violence against children. Corporal
punishment and other cruel or degrading forms of punishment are forms of

violence and States must take all appropriate legislative, administrative,

social and educational measures to eliminate them.
RA 9262, RA 7610
This law also deals with violations of Article 19 of the CRC
Domestic Law
Anti-Corporal Punishment Bill
House Bill 4455, or the Anti-Corporal Punishment Bill, is an act which
promotes positive and non-violent discipline of children.
The bill, which was passed in the House of Representatives on the first
quarter of 2012 and is still pending at the Senate, could be the first in Asia.
Article 33
States Parties shall take all appropriate measures, including legislative,
administrative, social and educational measures, to protect children from the
illicit use of narcotic drugs and psychotropic substances as defined in the
relevant international treaties, and to prevent the use of children in the illicit
production and trafficking of such substances.
Domestic Law
RA 7624
AN ACT INTEGRATING DRUG PREVENTION AND CONTROL IN THE
INTERMEDIATE AND SECONDARY CURRICULA AS WELL AS IN THE NONFORMAL, INFORMAL AND INDIGENOUS LEARNING SYSTEMS AND FOR
OTHER PURPOSES.
Case: Bagajo v Marave (1978)
Facts
In the afternoon of April 1, 1970, at about 2 o'clock, petitioner who was a
teacher, left her classroom to go to the principal's office. While the teacher
was thus out of the room, complainant Wilma Alcantara, one of her pupils, left
her desk and went to chat with Lilibeth Purlas, a classmate, while leaning
over the desk of Ponciano Navarro, another classmate. At that juncture, a
fourth classmate, Benedicta Guirigay passed near Wilma, who suddenly
raised her leg causing the former to stumble on it and fall down, her head
hitting the edge of the desk, her stomach a sharp pointed umbrella and her
knee a nail of the desk. She fainted. At that precise moment, petitioner was
entering the room. She asked Wilma what happened but the latter denied
having anything to do with what had just taken place. Petitioner thereupon
became angry and, with a piece of "bamboo stick" which she was using as a
pointer whipped Wilma behind her legs and her thigh, thereby causing the
following injuries, according to the medical certificate presented in evidence:

 1. Linear bruises at the middle half of the dorsal surface of both legs. it is
about four inches in length and 1/4 centimeter in width. There are three on
the right leg and two on the left leg.
2. Two linear bruises of the same width and length as above at the lower third of the
dorsal surface of the right thigh.
The above lessions, if without complication, may heal in four to six days.
Issue:
Whether respondent judge Marave erred in convicting Bagajo
Whether the act of the teacher of doing corporal punishment is considered as
criminal offense and that she is liable criminally
Held
In the school premises and during school activities and affairs, the teacher
exercises substitute parental authority over the students. (Article 349, Civil
Code.) More specifically, according to Article 352, "The relations between
teacher and pupil, professor and student, are fixed by government
regulations and those of each school or institution. In no case shall corporal
punishment be countenanced. The teacher or professor shall cultivate the
best potentialities of the heart and mind of the pupil or student." And
pursuant to this provision, Section 150 of the Bureau of Public Schools Service
Manual forbids corporal punishment
But as a matter of law, petitioner did not incur any criminal liability for her act
of whipping her pupil, Wilma, with the bamboo-stick-pointer, in the
circumstances proven in the record.
Independently of any civil or administrative responsibility for such act she
might be found to have incurred by the proper authorities, We are persuaded
that she did not do what she had done with criminal intent. That she meant to
punish Wilma and somehow make her feel such punishment may be true, but
We are convinced that the means she actually used was moderate and that
she was not motivated by ill-will, hatred or any malevolent intent. The nature
of the injuries actually suffered by Wilma, a few linear bruises (at most 4
inches long and cm. wide) and the fact that petitioner whipped her only
behind the legs and thigh, show, to Our mind, that indeed she intended
merely to discipline her. And it cannot be said, that Wilma did not deserve to
be discipline. In other words, it was farthest from the thought of petitioner to
commit any criminal offense. Actus non facit reum, nisi mens sit rea.
Petitioner is hereby acquitted, with costs de oficio, without prejudice to her
being dealt with administratively or in a civil case for damages not resulting
exdelicto.
RA 7610 a Response to Article 34 of the CRC: Addressing Prostitution and
Pornography in the Philippine Setting

 Human Trafficking
The act of forcefully transporting or recruiting persons for the purpose of
exploitation, which may include prostitution or sexual exploitation, forced
labor, slavery or removal of organs.
Global Statistics
United Nations Office on Drugs and Crime
There are at least 2.5 million victims of human trafficking worldwide at any
given period.
79 percent of which involves sexual exploitation 18 percent, forced labor,
while 2 percent involves organ removal, forced marriage, exploitation in
begging or warfare.
Philippine Statistics
Department of Social Welfare and Development
Estimated 1,376 victims of human trafficking nationwide and an increase of
about 645 more victims in the first semester of 2013
Many crimes involving human trafficking go unreported because:
a) Victims lack information on human trafficking
b) Crimes are concealed by victims and violators
c) Families of victims accept the situation as normal
Factors that Contribute to the rise of Human Trafficking
Poverty
Lack of economic development
Unemployment
Gender Inequality
Lack of Education
Sex Tourism
Place with the Highest Incidents of Human Trafficking
Manila
Cebu
Angeles City
Cities of Mindanao

 Article 34 Convention on the Rights of a Child

States Parties undertake to protect the child from all forms of sexual
exploitation and sexual abuse.
For these purposes, State Parties shall in particular take all appropriate
national, bilateral and multilateral measures to prevent:
(a) The inducement or coercion of a child to engage in any unlawful sexual
activity;
(b) The exploitative use of children in prostitution or other unlawful sexual
practices;
(c) The exploitative use of children in pornographic performances and
materials.
Optional Protocol to the CRC on the sale of children, child prostitution and
child pornography
Article 1
States Parties shall prohibit the sale of children, child prostitution and child
pornography as provided for by the present Protocol.
Article 2
Child prostitution
The use of a child in sexual activities for remuneration or any other form of
consideration;
Child pornography
Any representation, by whatever means, of a child engaged in real or
simulated explicit sexual activities or any representation of the sexual parts
of a child for primarily sexual purposes.
Article 9
States Parties shall adopt or strengthen, implement and disseminate laws,
administrative measures, social policies and programs to prevent the
offences referred to in the present Protocol.
Particular attention shall be given to protect children who are especially
vulnerable to such practices.
RA 7610 Anti- Child Abuse Law
Elements of Child Prostitution and other Sexual Abuse
a) Children whether male or female
b) For money, profit or any other consideration or due to coercion or influence

 c) Of any adult, syndicate or group

d) Indulge in sexual intercourse or lascivious conduct
Attempt to Commit Child Prostitution Paragraph A
a) Any person not a relative of a child
b) Found alone with the child
c) In a room, cubicle of a house, inn, hotel, motel, etc
d) Under circumstances which would lead a reasonable person to believe that
the child is about to be exploited in prostitution and other sexual abuse
Attempt to Commit Child Prostitution Paragraph B
a) Any person
b) Receiving services from a child
c) In a sauna parlor or bath, massage clinic, health club, etc.
Obscene Publications and Indecent Shows
Elements:
a) A child is employed, used, persuaded, induced or coerced
b) To perform in obscene exhibitions and indecent shows, whether live or in
video, or model in obscene publications or pornographic materials
c) Such materials are distributed
Children
a) Any person below 18 years of age or
b) Any person over 18 years of age but are unable to fully take care of
themselves or protect themselves from abuse, neglect, cruelty, exploitation
or discrimination because of a physical or mental disability or condition.
Penalties
Child Prostitution
Procurer
Reclusion Temporal in its medium period to reclusion perpetua
a) Acting as a procurer of a child prostitute
b) Inducing a person to be a client of a child prostitute by means of written or
oral advertisements or other similar means

 c)Taking advantage of influence or relationship to procure a child as a

prostitute
d) Threatening or using violence against the child to engage him or her a s a
prostitute
e) Giving money or other pecuniary benefit to a child with intent to engage
such child in prostitution
Client
Reclusion Temporal in its medium period to reclusion perpetua for those who
engage in the act of sexual intercourse or lascivious conduct with a child
exploited in prostitution.
If the child is under 12 years old, sexual intercourse shall be considered rape
and shall be punished by reclusion perpetua.
If the child is under 12 years old, lascivious conduct shall be punishable by
reclusion temporal in its medium period.
Manager/Owner of Establishment;
Reclusion temporal in its medium period to reclusion perpetua to those who
are found to have derived profit or advantage from child prostitution.
Attempt to Commit Child Prostitution;
Shall be punishable by a penalty two degrees lower than the prescribed
penalty for its consummated counterpart.
Obscene Publications and Indecent Shows
Procurer
Any person who shall hire, employ, use persuade, induce or coerce a child to
perform in obscene exhibitions or indecent shows shall be punishable by
prision mayor in its medium period.
If the child is under 12 years old, the penalty shall be imposed in its
maximum period.
Ascendant/Guardian of the Child
Shall be punishable by prision mayor in its medium period if found to have
caused or allowed the child to be employed or to participate in obscene
plays, scenes, acts, movies or shows.
Who May File the Complaint
a) Offended party
b) Parents or guardians of the child

 c) Ascendants or collateral relative within the third degree of consanguinity

d) Officer, social worker or representative of a licensed child-caring institution
e) Officer or social worker of the DSWD
f) Barangay Chairman
g) At least 3 concerned responsible citizens where the violation occured

Child Trafficking and Abduction

Convention on the Rights of the Child

Article 35
The government should take all measures possible to make sure that children
are not abducted, sold or trafficked. This provision in the Convention is augmented
by the Optional Protocol on the sale of children, child prostitution and child
pornography.

Child Trafficking

Sale of children means any act or transaction whereby a child is transferred

by any person or group of persons to another for remuneration or any other
consideration

Article 2 (a) Optional Protocol on to the CRC on the Sale of Children

Any person who shall engage in trading and dealing with children including,
but not limited to, the act of buying and selling of a child for money, or for
any other consideration, or barter.

Article 4, Section 7 RA 7610

Obligations

Obligations

Reciprocity and Cooperation

Jurisdiction

Prosecution

Penalty

Recognizing the vulnerability of child victims and adapting procedures to

recognize their special needs, including their special needs as witnesses;

Informing child victims of their rights, their role and the scope, timing and
progress of the proceedings and of the disposition of their cases;

Allowing the views, needs and concerns of child victims to be presented and
considered in proceedings where their personal interests are affected, in a
manner consistent with the procedural rules of national law;

Providing appropriate support services to child victims throughout the legal

process;

Privacy

Safety of child victims, as well as that of their families and witnesses on their
behalf, from intimidation and retaliation;

Avoid unnecessary delay in the disposition of cases and the execution of

orders

Uncertainty as to the actual age of the victim shall not prevent the initiation
of criminal investigations, including investigations aimed at establishing the
age of the victim.

the best interest of the child shall be a primary consideration.

take measures to ensure appropriate training, in particular legal and

psychological training, for the persons who work with victims of the offences
prohibited under the present Protocol.

adopt measures in order to protect the safety and integrity of those persons
and/or organizations involved in the prevention and/or protection and
rehabilitation of victims of such offences.

Nothing in the present article shall be construed to be prejudicial to

or inconsistent with the rights of the accused to a fair and impartial
trial.

Reciprocity and cooperation

Article 6, Optional Protocol

States Parties shall afford one another the greatest measure of assistance in
connection with investigations or criminal or extradition proceedings brought
in respect of the offences, including assistance in obtaining evidence at their
disposal necessary for the proceedings.

States Parties shall carry out their obligations under paragraph 1 of the
present article in conformity with any treaties or other arrangements on
mutual legal assistance that may exist between them. In the absence of such
treaties or arrangements, States Parties shall afford one another assistance in
accordance with their domestic law.

Article 7

a) Take measures to provide for the seizure and confiscation, as appropriate, of:

Goods, such as materials, assets and other instrumentalities used to commit

or facilitate offences under the present protocol;

Proceeds derived from such offences;

c) Execute requests from another State Party for seizure or confiscation of goods or
proceeds referred to in subparagraph (a);
d) Take measures aimed at closing, on a temporary or definitive basis, premises
used to commit such offences.

JURISDICTION

Jurisdiction

1. When the offences are committed in its territory or on board a ship or

aircraft registered in that State
2. When the alleged offender is a national of that State or a person who has
his habitual residence in its territory;
3. When the victim is a national of that State.
4. Each State Party shall also take such measures as may be necessary to establish
its jurisdiction over the aforementioned offences when the alleged offender is
present in its territory and it does not extradite him or her to another State Party on
the ground that the offence has been committed by one of its nationals.
5. The present Protocol does not exclude any criminal jurisdiction exercised in
accordance with internal law.

Article XII, Section 30; RA 7610

Cases involving violations of this Act shall be heard in the chambers of the
judge of the Regional Trial Court duly designated as Juvenile and Domestic
Court.

PROSECUTION

Article 5, Optional Protocol

Child Trafficking is deemed as an extraditable offense in any extradition treaty

existing between State Parties and shall be included in any extradition treaty
subsequently entered into by State Parties
If a State Party that makes extradition conditional on the existence of a treaty
receives a request for extradition from another State Party with which it has no
extradition treaty, it may consider the present Protocol to be a legal basis for
extradition in respect of such offences. Extradition shall be subject to the conditions
provided by the law of the requested State.

States Parties that do not make extradition conditional on the existence of a

treaty shall recognize such offences as extraditable offences between

themselves subject to the conditions provided by the law of the requested

State.

4. Such offences shall be treated, for the purpose of extradition between

States Parties, as if they had been committed not only in the place in which
they occurred but also in the territories of the States required to establish
their jurisdiction in accordance with article 4.

If an extradition request is made with respect to an offence described in

article 3, paragraph 1, and the requested State Party does not or will not
extradite on the basis of the nationality of the offender, that State shall take
suitable measures to submit the case to its competent authorities for the
purpose of prosecution.

Art. XI, Section 27; RA 7610

Complaints on cases of unlawful acts committed against the children as enumerated

herein may be filed by the following:
a) Offended party;
b) Parents or guardians;
c) Ascendant or collateral relative within the third degree of
consanguinity;1awphi1@ITC
d) Officer, social worker or representative of a licensed child-caring institution;
e) Officer or social worker of the Department of Social Welfare and
Development;
f) Barangay chairman; or
g) At least three (3) concerned responsible citizens where the violation occurred.

The offended party shall be immediately placed under the protective custody
of the Department of Social Welfare and Development.

The officer of the Department of Social Welfare and Development shall be

free from any administrative, civil or criminal liability. Custody proceedings
shall be in accordance with the provisions of Presidential Decree No. 603.

RA 7610: Special Protection of Children Against Abuse, Exploitation and

Discrimination Act

Domestic Law Adoption

provide special protection to children from all firms of abuse, neglect, cruelty
exploitation and discrimination and other conditions, prejudicial their
development; provide sanctions for their commission and carry out a program
for prevention and deterrence of and crisis intervention in situations of child
abuse, exploitation and discrimination.

The State shall intervene on behalf of the child when the parent, guardian,
teacher or person having care or custody of the child fails or is unable to protect the
child against abuse, exploitation and discrimination or when such acts against the
child are committed by the said parent, guardian, teacher or person having care and
custody of the same.

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 and over which they have no control.

PENALTY

Penalty for Child Trafficking

The penalty shall be imposed in its maximum period when the victim is under
twelve (12) years of age.

There is an attempt to commit child trafficking:

(a) When a child travels alone to a foreign country without valid reason therefor and
without clearance issued by the Department of Social Welfare and Development or
written permit or justification from the child's parents or legal guardian;
(b) When a person, agency, establishment or child-caring institution recruits women
or couples to bear children for the purpose of child trafficking; or
(c) When a doctor, hospital or clinic official or employee, nurse, midwife, local civil
registrar or any other person simulates birth for the purpose of child trafficking; or
(d) When a person engages in the act of finding children among low-income
families, hospitals, clinics, nurseries, day-care centers, or other child-during
institutions who can be offered for the purpose of child trafficking.

A penalty lower two (2) degrees than that prescribed for the consummated
felony under Section 7 hereof shall be imposed upon the principals of the
attempt to commit child trafficking under this Act.

(a) The penalty provided under this Act shall be imposed in its maximum
period if the offender has been previously convicted under this Act;

(b) When the offender is a corporation, partnership or association, the officer

or employee thereof who is responsible for the violation of this Act shall suffer
the penalty imposed in its maximum period;

(c) The penalty provided herein shall be imposed in its maximum period when
the perpetrator is an ascendant, parent guardian, stepparent or collateral
relative within the second degree of consanguinity or affinity, or a manager
or owner of an establishment which has no license to operate or its license
has expired or has been revoked;

(d) When the offender is a foreigner, he shall be deported immediately after

service of sentence and forever barred from entry to the country;

(e) The penalty provided for in this Act shall be imposed in its maximum
period if the offender is a public officer or employee: Provided, however, That
if the penalty imposed is reclusion perpetua or reclusion temporal, then the
penalty of perpetual or temporary absolute disqualification shall also be
imposed: Provided, finally, That if the penalty imposed is prision correccional
or arresto mayor, the penalty of suspension shall also be imposed; and

(f) A fine to be determined by the court shall be imposed and administered as

a cash fund by the Department of Social Welfare and Development and
disbursed for the rehabilitation of each child victim, or any immediate
member of his family if the latter is the perpetrator of the offense.