Sherluck Jun C.

Villegas

May 25, 2015

Childrens Rights
Final Paper
Prevalence of Child Pornography in the Philippines
The treatment of children as sexual objects, production of erotic literature, and
drawings involving children has existed in ages. However, pornography only began
with the invention of the camera. Child pornography is one of the most common sexual
abuse that children face in the Philippines. Child pornography is one of the most
common sexual abuse that children face in the Philippines. According to the
Department of Social Welfare and Development (DSWD), there are a total of 150 cases of
child pornography and cyber pornography from 2010 to 2013. According to PNP AntiCyber Crime Group (ACG), online child sex tourism in trade in the Philippines is
flourishing. Most pornographic activities are in Metro Manila, Pampanga, Cebu,
Cagayan De Oro, and Mindanao regions.
Children most vulnerable sector of every country. According to DSWD, sexual
abuse, including child pornography, is one of the most common type of abuse among
children. It can happen to any child, yet the problem is often overlooked, excused, or
denied. Child pornography generally refers to pornography that exploits children for
sexual stimulation and may be produced with the direct involvement or sexual assault
of a child. Under the Philippine Laws, child pornography refers to any representation,
whether visual, audio, or written combination thereof, by electronic, mechanical,
digital, optical, magnetic or any other means, of child engaged or involved in real or
simulated explicit sexual activities. While e Crimes Against Children Research Center
defines child pornography as the visual depiction of sexually explicit conduct includes
acts such as intercourse, bestiality and masturbation as well as lascivious exhibition of
the genitals or pubic area.
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The Philippine have local laws that protect children. The country has PD 603
Child and Youth Welfare Code which considers the child is one of the most important
assets of the nation and every effort should be exerted to promote his welfare and
enhance his opportunities for a useful and happy life. The country also has RA 7658 or
the Special Protection of Children against Child Abuse, Exploitation and

Discrimination Act which prohibits the employment of children below 15 years of age
in public and private undertakings.
The country also has RA 10364 Expanded Anti-Trafficking in Persons Act of
2012 which give highest priority to the enactment of measures that will protect the
people from any threat of violence and exploitation. On the other hand, RA 9165
Comprehensive Dangerous Drugs Act of 2002 aims to have a balance in the national
drug control program so that children will be protected from drug abuse.
When it comes to child pornography, children are protected by RA 9775 or the
Anti-Child Pornography Act of 2009, and RA 10175 or Cybercrime Prevention Act of
2012. The aim of RA 9775 is to protect the dignity of women and children and
guaranty full respect for human rights. This law guarantees the fundamental rights of
every child from all forms of exploitation and abuse including, but not limited to the
use of a child in pornographic performances and materials; and the inducement or
coercion of a child to engage or be involved in pornography through whatever means.
RA 10175 aims to address legal issues concerning online interactions. Among the
cybercrime offenses, child pornography is included. This law also reaffirms existing
laws against child pornography (the Anti-Child Pornography Act of 2009).
The Philippines also ratified international instruments relative to child
pornography for the protection of children such as the Convention on the Rights of the
Child and the Optional Protocol to the Childs Rights Convention, concerning the sale
of children, child prostitution and child pornography. These international conventions
focus on protecting children against all forms of sexual abuse and discrimination.
The Convention on the Rights of the Child is the first legally binding
international instrument of Childrens Rights protection. The four principles of this
Convention that governs the implementation of its laws are non-discrimination, best
interest of the child, respect for the views of the child and right to life, survival and
development of the child.
Under Article 2 of the Optional Protocol to the Childs Rights Convention,
concerning the sale of children, child prostitution and child pornography, child
pornography is defined as pornographic depiction of children, or any representation
produced in whatever medium and by whatever means of a child engaging in explicit
sexual activities, real or simulated, or of a childs sexual organs, for purposes that are
primarily sexual. This protocol requires that governments take immediate measures
against child pornography and are held responsible for pursuing the authors of such

crimes. In effect, participating governments must establish within their internal laws
heavy penalties for the authors of such activities.
The existence of these laws, policies and conventions are of great help in
protecting the right of children. However, there are still existing challenges that must be
addressed by the Philippine Government as well as the International Bodies concerned.
One of the challenges is that our laws and legal frameworks are insufficient. The
provisions are outdated and inconsistent and enforcement of laws are weak that only
few cases of sexual exploitation, particularly child pornography, on children have been
reported and prosecuted. There is also limited data and research on the current
situation of children in the country. There is a lack of sufficient information on the
numbers of children workers that suffer sexual exploitation. There are available survey
data but it underestimates the incidence of sexual abuse on children.
Another problem is lack of government outreach to children within the country.
Although government agencies are aware of children with problems, filing of
complaints and legal cases is generally the last resort of the parents of the children and
the children as well. This is because many of the cases filed takes months to make it to
court and factors such as cultural and social stigmatization and pressure, fear of
retaliation and lack of confidence in the justice system discourages them to pursue the
cases they filed. Moreover, ignorance of the proper reporting procedures and, inability
to withstand the rigors of severe examination and a public trial are also factors that
discourage them. Children also lack awareness of their rights and also lack voice and
insufficient laws on the rights of children greatly contribute to this problem.
The Philippine government must create more laws and policies to strengthen the
legal and policy framework for childrens rights. Law-makers should form laws that
will uphold the rights of child to international human rights standards.
The
government must also increase their efforts to understand more the situation of children
in the country. Research on local situations of children through national survey is
highly recommended to determine the factors that may render them to abuse.
The Philippine government must also intensify their efforts in raising awareness
among parents, and also the children, of the childrens rights. Parents and their
children must be conscious that childrens rights include protection from sexual abuse
including child pornography and prostitution. Awareness campaigns should be
undertaken, which will target not only parents and their children, but also government
agencies, non-governmental organization and the public. Increasing public awareness

of the risks posed by childrens activities online will be of great help. In the overseas,
the government should also create alliances across International Agencies for the
promotion of childrens rights especially on countries where large numbers of Filipinos
have migrated.
Sexual exploitation, particularly pornography, against children persists in every
country in the world. Such violence is unacceptable, as children are critical in the
Philippine economy as they are the future of the country. According to DSWD,
Children are our legacy for the future. It is time we develop a clearer idea of the
direction our society is headed because the future of our children depends on it. That is
the reason why Philippines shall improve the situation of children in the country.
The promotion of equality and the fight against all forms of discrimination must
be the guiding principle of the law-makers in drafting legal frameworks. The current
legal frameworks of the Philippines provide insufficient protection for the rights of
children. They must create legal frameworks that will allow governmental agencies to
monitor the situation of children in their households in order to ensure safe and decent
conditions. It must also include a mandatory provision that requires the parents,
relatives and guardians of the children to be aware of their obligation to treat children
appropriately and in accordance with existing children rights laws.
Philippines must recognize the significance of developing a sound knowledge
base on the current situation of children in the country in order to create a policy that
will promote their development. Governments have an obligation to provide assistance
to children and they must come to the aid of child victims and support them until their
lives have returned to normal. If the children are on their own, the government must do
all that it can to find their family or, failing that, place them in an adoptive family.
It must also increase the capacity of the government entities to assist and protect
children and build stronger alliances among non-governmental organizations.
Moreover, the government must implement more laws and statutes that combat
violence against children, particularly sexual exploitation and child pornography.
Efforts to identify victims, and ensuring that they receive the necessary assistance,
support and protection must be enhanced. Moreover, there must be advanced efforts to
investigate and prosecute cases of child sexual abuse online and reduce the availability
of child pornography online and the re-victimization of children.
Increase government funding will also aid in the furtherance of research and
development of law that will enhance laws on children. Additional funding is needed

to support government agencies and non-governmental organization that support such

cause. Government agencies should be assisted in developing a more proactive
approach to support and protect children. Through this, they can implement the local
laws and those conventions ratified by the Philippines, not only for the protection from
sexual exploitation and other forms of abuse but also to aid domestic helpers to improve
their situation.