“SPECIAL PROTECTION OF

CHILDREN AGAINST CHILD

ABUSE, EXPLOITATION
AND DISCRIMINATION
ACT”
BASIS/STATEMENT OF POLICY
It is hereby declared to be the policy
of the State to 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.
REMEMBER…
D = Discrimination

A = Child Abuse

N = Neglect

C = Cruelty

E = Exploitation
BASIS/STATEMENT OF POLICY
 The State shall intervene on
behalf of the Child when
the parent, guardian,
teacher or person having
care or custody of the
child, or fails or unable to
protect the child against
abuse, exploitation and
discrimination.
BASIS/STATEMENT OF POLICY

The best interests

of the child shall
be paramount
consideration
BASIS/STATEMENT OF POLICY
 “The State shall defend the
right of children to assistance,
including proper care and
nutrition, and special
protection from all forms of
NEGLECT, ABUSE, CRUELTY,
EXPLOITATION and other
CONDITIONS prejudicial to
their development” (Section 3,
Article XV, 1987 Constitution)
 The 1987 Constitution also provides that all
EDUCATIONAL INSTITUTIONS shall inculcate
patriotism and nationalism, foster love and
humanity, respect for human rights….. (Section 3,
Article XV, 1987 Constitution)
 The CONVENTION OF THE
RIGHTS OF THE CHILD (CRC)
aims to protect children from
all forms of physical or mental
violence, injury and abuse,
neglect or negligent treatment,
maltreatment and exploitation,
including sexual abuse.
 The United Nations Convention on the Rights of the
Child is a comprehensive, internationally binding
agreement on the rights of children, adopted by the
UN General Assembly in 1989. It incorporates
children’s:
 Civil and political rights (like their treatment
under the law)

 Social, economic, and cultural rights (like an

adequate standard of living)

 Protection rights
(from abuse and exploitation)
 It refers to any person below
eighteen years of age; OR

 Those over but are unable to fully

take care of themselves from
abuse, neglect, cruelty,
exploitation, or discrimination
because of a physical or mental
disability or condition (R.A. 7610)
 But for purposes of the SCHOOLS, the term also
includes pupils or students who may be eighteen
(18) years of age but are at SCHOOL.
It refers to the maltreatment of a child, whether habitual
or not, which includes any of the following:
1. Psychological or physical abuse, neglect, cruelty,
sexual abuse and emotional maltreatment;
2. Any act by deeds or words which debases,
degrades or demeans the intrinsic worth
and dignity of a child as a human being;
3. Unreasonable deprivation of the child’s basic
needs for survival, such as food and shelter, or
4. Failure to immediately give medical treatment to
an injured child resulting in serious impairment
of his or her growth and development or in the
child’s permanent incapacity or death.
(Section 3, R.A. 7610)
It refers to an act of exclusion, distinction, restriction, or
preference which is based on any ground such as:
 AGE
 ETHNICITY
 SEX
 SEXUAL ORIENTATION AND GENDER IDENTITY
 LANGUAGE
 RELIGION
 BEING A CHILD IN CONFLICT WITH THE LAW (R.A. 9344)
 BEING PREGNANT
 DISABILITY OR OTHER STATUS OR CONDITION
 Which has the purpose or effect of nullifying or
impairing the recognition, enjoyment or exercise
by all persons, ON EQUAL FOOTING, of all rights
and freedoms.
 It refers to the use of children for someone else’s
advantage, gratification, or PROFIT often resulting in
an unjust, cruel and harmful treatment of the child.
 These activities disrupt the child’s normal physical or
mental health, education, moral or social emotional
development.
 SEXUAL EXPLOITATION  ECONOMIC EXPLOITATION
(R.A. 9231)
 Includes the employment, use,
persuasion, inducement, enticement
or coercion of a child to engage in, or
assist another person to engage in,
sexual intercourse or lascivious
conduct or the molestation,
prostitution or incest with children;
Intentional touching with malice or
lust, either directly or through
clothing, of the genitalia, anus, groin,
breast, inner thigh, or buttocks or any
part of the body .
It is any word or action
which debases, degrades
or demeans the dignity of
a child as a human being.
Is discipline
administered by a
parent or legal guardian
on a child considered
cruelty?
Discipline administered by a parent or
legal guardian to a child does not
constitute cruelty provided it is
reasonable in manner and moderate
in degree and does not constitute
physical or psychological injury as
defined herein;
Includes but is not limited to
lacerations, fractured bones,
burns, internal injuries
 Means harm to a child’s psychological or
intellectual/functioning which may be
exhibited by severe anxiety, depression,
withdrawal or outward aggressive behavior
or a combination of said behavior,

 May be demonstrated by a change in

behavior, emotional response or cognition;
A single act or a series of acts committed which
includes:
1. PHYSICAL VIOLENCE
 Acts that inflict bodily or physical harm. It includes
assigning children to perform tasks which are hazardous
to their physical well-being.
2. SEXUAL VIOLENCE
 It includes, but not limited to the
following:
a) Rape, sexual harassment, acts of
lasciviousness, physically attacking the
sexual parts of the victim’s body.
b) Forcing the child to watch obscene
publications and indecent shows;
c) Acts causing or attempting to cause the
child to engage in any sexual activity by
force, threat or force, coercion or through
inducements, gifts, or favors. (R.A. 7877)
3. PSYCHOLOGICAL VIOLENCE
 Acts or omissions causing or likely to cause
mental or emotional suffering of the child

4. OTHER ACTS OF VIOLENCE

 Physical, sexual or psychological nature that are
prejudicial to the best interest of the child.
 It refers to a kind of punishment or penalty
imposed for an alleged or actual offense, which is
carried out or inflicted, for the purpose of
DISCIPLINE, training or control, by a teacher,
school administrator, an adult, or any child who
has been given or has assumed authority or
responsibility over the child.
Means failure to provide, for reasons other
than poverty, adequate food, clothing,
shelter, basic education or medical care
(to seriously endanger the physical,
mental, social and emotional growth and
development of the child);
 Hiring, employment, persuasion, inducement or
coercion of a child to perform in obscene
exhibition and indecent shows, whether live or
in video or film, or to pose or act as a model in
obscene publication or pornographic materials,
or to sell or distribute said materials;

* Hiring and employment for purposes of prostitution now

punishable under R.A. 9208 (Anti-Trafficking in Persons
Act of 2003)
LABOR RELATED OFFENSES COMMITTED
AGAINST CHILDREN,

AS AMENDED BY
R.A. 7658,

FURTHER AMENDED BY
R.A. 9231
 General Rule: Children below
fifteen (15) years of age shall not be
employed.

 Exception: When a child works

directly under the sole responsibility
of his parents and legal guardian and
where only members of the
employer’s family are employed
Provided, however, that
his/her employment neither
endangers his/her life, safety,
health, and morals, nor
impairs his/her normal
development:
Provided, further, That the
parent or legal guardian shall
provide the said child with
the prescribed primary
and/or secondary education.
Where a child's employment or
participation in public entertainment
or information through cinema,
theater, radio, television or other
forms of media is essential:
Provided, That the employment
contract is concluded by the child's
parents or legal guardian, with the
express agreement of the child
concerned, if possible, and the approval
of the Department of Labor and
Employment:
Provided, further, That the
following requirements in all
instances are strictly complied with:

"(a) The employer shall ensure the

protection, health, safety, morals
and normal development of the
child;
(b) The employer shall institute measures to
prevent the child's exploitation or
discrimination taking into account the system
and level of remuneration, and the duration and
arrangement of working time; and

(c) The employer shall formulate and

implement, subject to the approval and
supervision of competent authorities, a
continuing program for training and skills
acquisition of the child.
(1) A child below fifteen (15) years
of age may be allowed to work for
not more than twenty (20) hours
a week: Provided, That the work
shall not be more than four (4)
hours at any given day
(2) A child fifteen (15) years of age
but below eighteen (18) shall not
be allowed to work for more than
eight (8) hours a day, and in no
case beyond forty (40) hours a
week
3) No child below fifteen (15) years of age
shall be allowed to work between eight
o'clock in the evening and six o'clock in
the morning of the following day and

no child fifteen (15) years of age but below

eighteen (18) shall be allowed to work
between ten o'clock in the evening and six
o'clock in the morning of the following day
NO CHILD SHALL BE
ENGAGED IN THE
WORST FORMS OF
CHILD LABOR.
THE PHRASE "WORST
FORMS OF CHILD LABOR"
SHALL REFER TO ANY OF
THE FOLLOWING:

"(1) All forms of slavery, as defined under the

"Anti-trafficking in Persons Act of 2003", or
practices similar to slavery such as sale and
trafficking of children, debt bondage and
serfdom and forced or compulsory labor,
including recruitment of children for use in
armed conflict
THE PHRASE "WORST
FORMS OF CHILD LABOR"
SHALL REFER TO ANY OF
THE FOLLOWING:

"(2) The use, procuring, offering or

exposing of a child for prostitution,
for the production of pornography or
for pornographic performances; or
THE PHRASE "WORST
FORMS OF CHILD LABOR"
SHALL REFER TO ANY OF
THE FOLLOWING:

"(3) The use, procuring or offering of a child

for illegal or illicit activities, including the
production and trafficking of dangerous
drugs and volatile substances prohibited
under existing laws
THE PHRASE "WORST
FORMS OF CHILD LABOR"
SHALL REFER TO ANY OF
THE FOLLOWING:

"(4) Work which, by its nature or the

circumstances in which it is carried out,
is hazardous or likely to be harmful to
the health, safety or morals of children,
such that it:

a) Debases, degrades or
demeans the intrinsic
worth and dignity of a
child as a human
being; or
b) Exposes the child to
physical, emotional or
sexual abuse, or is found to
be highly stressful
psychologically or may
prejudice morals; or

"c) Is performed
underground, underwater
or at dangerous heights; or
d) Involves the use of
dangerous machinery,
equipment and tools such as
powerdriven or explosive
power-actuated tools; or

e) Exposes the child to physical

danger such as, but not limited
to the dangerous feats
of balancing, physical strength
or contortion, or which requires
the manual transport of
heavy loads; or
f) Is performed in an unhealthy
environment exposing the child to
hazardous working
conditions, elements, substances,
co-agents or processes involving
ionizing, radiation, fire, flammable
substances, noxious components
and the like, or to extreme
temperatures, noise levels, or
vibrations; or

g) Is performed under particularly

difficult condition
h) Exposes the child to
biological agents such as
bacteria, fungi, viruses,
protozoans, nematodes
and other parasites; or

i) Involves the
manufacture or handling
of explosives and other
pyrotechnic products
No child shall be
employed as a model in
any advertisement
directly or indirectly
promoting alcoholic
beverages, intoxicating
drinks, tobacco and its
by products, gambling
or any form of violence
or pornography.
 Parents or Guardians
 Ascendant or collateral relative within 3rd
degree of consanguinity
 Officer, social worker or representative of a
licensed child-caring institution
 Officer or social worker of the DSWD
 Offended Party
 Barangay Chairman, or
 Three (3) concerned, responsible citizens
where the offense was committed
 Teachers and administrators in public
schools
 Probation Officers
 Government lawyers
 Barangay officials
 Correction officers and other government
officials and employees whose work
involves dealing with children