R.A.7610 PDF

Receiving services from a child iii. In a sauna parlor or batch, massage clinic, health club, etc. Any person who shall engage in b. Trading and dealing with children including, but not limited to, the act of buying and selling a child for money, and for any other consideration, or barter. Cesar Jose Francisco Mr. Person, agency, establishment, or child-caring institution recruits women or couples to be children for the purpose of child trafficking; or c.

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Declaration of State Policy and Principles. 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. The best interests of children shall be the paramount consideration in all actions concerning them, whether undertaken by public or private social welfare institutions, courts of law, administrative authorities, and legislative bodies, consistent with the principle of First Call for Children as enunciated in the United Nations Convention of the Rights of the Child.

Every effort shall be exerted to promote the welfare of children and enhance their opportunities for a useful and happy life. Definition of Terms. Formulation of the Program. Child Prostitution and Other Sexual Abuse. The penalty of reclusion temporal in its medium period to reclusion perpetua shall be imposed upon the following: a Those who engage in or promote, facilitate or induce child prostitution which include, but are not limited to, the following: 1 Acting as a procurer of a child prostitute; 2 Inducing a person to be a client of a child prostitute by means of written or oral advertisements or other similar means; 3 Taking advantage of influence or relationship to procure a child as prostitute; 4 Threatening or using violence towards a child to engage him as a prostitute; or 5 Giving monetary consideration goods or other pecuniary benefit to a child with intent to engage such child in prostitution.

Attempt To Commit Child Prostitution. There is also an attempt to commit child prostitution, under paragraph b of Section 5 hereof when any person is receiving services from a child in a sauna parlor or bath, massage clinic, health club and other similar establishments. A penalty lower by two 2 degrees than that prescribed for the consummated felony under Section 5 hereof shall be imposed upon the principals of the attempt to commit the crime of child prostitution under this Act, or, in the proper case, under the Revised Penal Code.

Child Trafficking. The penalty shall be imposed in its maximum period when the victim is under twelve 12 years of age. Attempt to Commit 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. Obscene Publications and Indecent Shows. For purposes of this Act, the penalty for the commission of acts punishable under Articles , , , paragraph 2, and , paragraph 1 of Act No.

The penalty for the commission of acts punishable under Articles , , and of Act No. The victim of the acts committed under this section shall be entrusted to the care of the Department of Social Welfare and Development. A sign with the words "off limits" shall be conspicuously displayed outside the establishments or enterprises by the Department of Social Welfare and Development for such period which shall not be less than one 1 year, as the Department may determine.

The unauthorized removal of such sign shall be punishable by prision correccional. An establishment shall be deemed to promote or facilitate child prostitution and other sexual abuse, child trafficking, obscene publications and indecent shows, and other acts of abuse if the acts constituting the same occur in the premises of said establishment under this Act or in violation of the Revised Penal Code, as amended.

An enterprise such as a sauna, travel agency, or recruitment agency which; promotes the aforementioned acts as part of a tour for foreign tourists; exhibits children in a lewd or indecent show; provides child masseurs for adults of the same or opposite sex and said services include any lascivious conduct with the customers; or solicits children or activities constituting the aforementioned acts shall be deemed to have committed the acts penalized herein.

Employment of Children. In the above exceptional cases where any such child may be employed, the employer shall first secure, before engaging such child, a work permit from the Department of Labor and Employment which shall ensure observance of the above requirement. The Department of Labor and Employment shall promulgate rules and regulations necessary for the effective implementation of this Section.

Non-formal Education for Working Children. Such course design shall integrate the learning process deemed most effective under given circumstances.

Prohibition on the Employment of Children in Certain Advertisements. Duty of Employer. Survival, Protection and Development. System of and Access to Education. The Department of Education, Culture and Sports shall also accredit and support non-formal but functional indigenous educational programs conducted by non-government organizations in said communities.

Health and Nutrition. Hospitals and other health institution shall ensure that children of indigenous cultural communities are given equal attention. In the provision of health and nutrition services to children of indigenous cultural communities, indigenous health practices shall be respected and recognized. Any person who discriminate against children of indigenous cultural communities shall suffer a penalty of arresto mayor in its maximum period and a fine of not less than Five thousand pesos P5, Indigenous institution shall also be recognized and respected.

Children 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 this objective, the following policies shall be observed. 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 of the Philippines of its civilian units or other armed groups, 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 services 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 ensured.

They shall not be subjected to undue harassment in the performance of their work; e Public infrastructure such as schools, hospitals and rural health units shall not be utilized for military purposes such as command posts, 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. Evacuation of Children During Armed Conflict. Existing community organizations shall be tapped to look after the safety and well-being of children during evacuation operations.

Measures shall be taken to ensure that children evacuated are accompanied by persons responsible for their safety and well-being. Family Life and Temporary Shelter. In places of temporary shelter, expectant and nursing mothers and children shall be given additional food in proportion to their physiological needs. Whenever feasible, children shall be given opportunities for physical exercise, sports and outdoor games.

If after hearing the evidence in the proper proceedings the court should find that the aforesaid child committed the acts charged against him, the court shall determine the imposable penalty, including any civil liability chargeable against him.

However, instead of pronouncing judgment of conviction, the court shall suspend all further proceedings and shall commit such child to the custody or care of the Department of Social Welfare and Development or to any training institution operated by the Government, or duly-licensed agencies or any other responsible person, until he has had reached eighteen 18 years of age or, for a shorter period as the court may deem proper, after considering the reports and recommendations of the Department of Social Welfare and Development or the agency or responsible individual under whose care he has been committed.

The aforesaid child shall subject to visitation and supervision by a representative of the Department of Social Welfare and Development or any duly-licensed agency or such other officer as the court may designate subject to such conditions as it may prescribe. The aforesaid child whose sentence is suspended can appeal from the order of the court in the same manner as appeals in criminal cases. Who May File a Complaint.

Protective Custody of the Child. In the regular performance of this function, 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. It shall be unlawful for any editor, publisher, and reporter or columnist in case of printed materials, announcer or producer in case of television and radio broadcasting, producer and director of the film in case of the movie industry, to cause undue and sensationalized publicity of any case of violation of this Act which results in the moral degradation and suffering of the offended party.

Special Court Proceedings. Any provision of existing law to the contrary notwithstanding and with the exception of habeas corpus, election cases, and cases involving detention prisoners and persons covered by Republic Act No.

DIETA AMUCOSA DE ARNOLD EHRET PDF

RA 7610: Anti Child Abuse Law

Ninth Congress Republic Act No. Declaration of State Policy and Principles. 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. The best interests of children shall be the paramount consideration in all actions concerning them, whether undertaken by public or private social welfare institutions, courts of law, administrative authorities, and legislative bodies, consistent with the principle of First Call for Children as enunciated in the United Nations Convention of the Rights of the Child. Every effort shall be exerted to promote the welfare of children and enhance their opportunities for a useful and happy life. Section 3.

ARTICLE 371D OF INDIAN CONSTITUTION PDF

Republic Act 7610

Declaration of State Policy and Principles. 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. The best interests of children shall be the paramount consideration in all actions concerning them, whether undertaken by public or private social welfare institutions, courts of law, administrative authorities, and legislative bodies, consistent with the principle of First Call for Children as enunciated in the United Nations Convention of the Rights of the Child. Every effort shall be exerted to promote the welfare of children and enhance their opportunities for a useful and happy life. Definition of Terms. Formulation of the Program.

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