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J.D. 3

Juvenile Delinquency Part 3
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0% found this document useful (0 votes)
14 views3 pages

J.D. 3

Juvenile Delinquency Part 3
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as TXT, PDF, TXT or read online on Scribd
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Republic Act 7610 � �SPECIAL PROTECTION OF CHILREN AGAINST CHILD ABUSE,

EXPLOITATION AND DISCRIMINATION ACT�

Approved by: former pres. Corazon C. Aquino on: June 17, 1992

Sec. 2 Declaration of State policy and principles

It is hereby declared to be the policy of the State to provide special


protection to children from all forms of abuse, neglect, cruelty, exploitation and
discrimination, and other conditions prejudicial to 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 are 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 has 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 will affect or will affect
their survival and normal development and over which they have no control.

Sec. 3 Definition of Terms

1.�Children� refers to persons below the age of 18 years or those over 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 condition;

2. �Child abuse� refers to the maltreatment, whether habitual or not, of the child
which includes any of the following:

a) Psychological and physical abuse neglects, cruelty, sexual abuse and


emotional maltreatment;

b) Any act by deeds or words which debases degrades or demeans the intrinsic
worth and dignity of the child as a human being;

c) Unreasonable deprivation of his basic needs for survival, such as food and
shelter; or

d) Failure to immediately give medical treatment to an injured child resulting


in serious impairment of his growth and development or in his permanent incapacity
or death.

3. �circumstances� which gravely threaten or endanger the survival and normal


development of children include, but not limited to the following:

a) Being in a community where there is armed conflict or being affected by armed


conflict-related activities.

b) Hardworking under conditions hazardous to life, safety and morals which


unduly interfere with their normal development;

c) Living in or finding for themselves in the streets or rural areas without the
care of parents, or guardian or any adult supervision needed for their welfare;
d) Being a member of an indigenous culture community and/ or living under
conditions of extreme poverty or an area which is underdeveloped and/or lacks or
has inadequate access basis services needed for their welfare;
e) Being a victim of man-made or natural disaster or calamity

3. �comprehensive program against child abuse, exploitation and discrimination


refers to coordinated program of services and facilities to protect children
against:

a) Child prostitution and other sexual abuse;

b) Child trafficking;

c) Obscene publication and indecent shows;

d) Other acts of abuse; and

e) Circumstances which threaten or endanger the survival and normal development


of children.

Section 7 Child Trafficking

Any persons who shall engage in trading and dealing with children 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, shall
suffer the penalty of reclusion temporal to reclusion perpetua. The penalty shall
be imposed in its maximum period when the victim is under twelve years of age.

Sec. 8 � Attempt to Commit trafficking

a) When a child travels alone to a foreign country without valid reason and
without clearance issued by the DSWD or written permit or justification from the
child�s parents or guardian;
b) When a pregnant mother executes an affidavit of consent for adoption for a
consideration;
c) When a person, agency, establishment or child-caring institution recruits
women or couples to bear children for purpose of child trafficking;
d) 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
e) When a person engages in the act of finding children among low-income
families, hospitals, clinics, nurseries, day-care centers, or other child-caring
institutions who can be offered for the purpose of child trafficking.

WORKING CHILDREN

Section 12 � Employment of Children

Children below fifteen (150 years of age may be employed, provided, that the
following minimum requirements are present:

1. The employer shall secure for the child a work permit from the Department of
Labor and Employment;
2. The employer shall ensure the protection, health, safety and morals of the
child;
3. The employer shall institute measures to prevent exploitation or
discrimination taking into account the system and level of renumeration, and the
duration and arrangement of working time; and
4. The employer shall formulate and implement a continues program for training
and skill acquisition of the child.

Sec. 13 � Non-formal Education for Working Children


The department of Education; Culture and Sports shall promulgate a course
design under its non-formal education program aimed of promoting the intellectual,
moral and vocational efficiency of working children who have not undergone or
finished elementary or secondary education. Such course design shall integrate the
learning process deemed most effective under given circumstances.

Section 22 � Children as Zones of Peace

Children are hereby decided as Zones of Peace. It shall be the responsibility


of the State and all other sectors concerned to resolve armed conflicts in order to
promote the goal of children as zones of peace. To attain these objectives, the
following policies shall be observed:

a) Children shall not be the object of attack and shall be entitled to special
respect. They shall be protected from any form of threat, assault, torture or other
cruel, inhumane or degrading treatment;
b) Children shall not be recruited to become members of the Armed Forces, nor be
allowed to take part in the fighting, or used as guides, couriers, or spies;
c) Delivery of basic social services such as education, primary health and
emergency relief service shall be kept unhampered;
d) The safety and protection of those who provide services including those
involved in fact-finding missions from both government and non-government
institutions shall be insured. They shall not be subjected to undue harassment in
the performance of their work;
e) The public infrastructure such as schools, hospitals and rural health units
shall not be utilized for military purposes such as command post, barracks,
detachments, and supply depots; and
f) All appropriate steps shall be taken to facilitate the reunion of families
temporarily separated due to armed conflict.

Sec. 27 � Who May File a Complaint

Complaints on cases of unlawful acts committed against children as enumerated


herein may be filed by the following:

a) Offended party;
b) Parents or guardian
c) Ascendant or collateral relative within the third degree of consanguinity;
d) Officer or 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,

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