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THE SPECIAL PROTECTION OF
CHILDREN AGAINST ABUSE,
EXPLOITATION AND DISCRIMINATION ACT
REPUBLIC ACT NO. 7610
[as amended by Republic Act Nos. 7658 and 9231] Purpose of the Law
Republic Act No. 7610 was enacted
to provide special protection to children from all forms of abuse, neglect, cruelty, exploitation, discrimination, and other conditions prejudicial to their development, including child labor and worst forms of child labor. It supplies the inadequacies of existing laws treating crimes committed against children, namely, the Revised Penal Code, and the Child Youth Welfare Code. Meaning of Children
The term children refers to persons
who are:
(a) below eighteen (18) years of age; or
(b) over (18) years of age, but unable to
fully take care or protect themselves from abuse, neglect, cruelty, exploitation or discrimination due to physical or mental disability or condition. Employment of Children
General Rule: Children below fifteen (15) years
old cannot be employed, permitted or suffered to work in any public or private establishment.
Exceptions: Children below fifteen (15) years of
age may be employed under the following circumstances:
(a) When a child works directly
under his parents or legal guardian, subject to the following conditions: Employment of Children
(i) Only members of his family are employed
thereat; (ii) The employment does not endanger the childs life, safety, health, and morals, or impair his normal development; (iii) The parent or legal guardian provides the child with the prescribed primary or secondary education; and (iv) A work permit is first obtained from the Department of Labor and Employment. Employment of Children
(b) When the employment of the child is
essential in public entertainment or information such as cinema, theater, radio, television or other forms of media, subject to the following conditions:
(i) An employment contract, duly
approved by the Department of Labor and Employment, must be executed by the parents or legal guardian of the child; Employment of Children (ii) The employer must ensure the protection, health, safety, morals, and normal development of the child; (iii) The employer must institute measures to prevent the childs exploitation or discrimination; (iv) The employer must formulate and implement a continuing program for training and skills acquisition of the child, subject to the approval and supervision of competent authorities; and (v) A work permit must be obtained from the Department of Labor and Employment. Employment of Children NOTE: 1. Work permit is not necessary for spot extras or those cast outright on the day of the filming or taping. Instead, the employer shall file a notice with the Regional Office where the work is to be performed that it will undertake activities involving child work. The notice shall be in the form prescribed by the Department and shall state the approximate number of child workers to be employed, the date, place and time the work is to be performed, and an undertaking that the employment shall be in conformity with Republic Act No. 9231 and these Rules. Employment of Children
NOTE: 2. The work permit is valid for a maximum
period of one (1) year. Suspension or Cancellation of the Work Permit
The Regional Director of the Department
of Labor and Employment may cancel the work permit of the child on the following grounds:
(a) Fraud or misrepresentation in the application
for work permit; (b) Violation of the terms and conditions of the childs employment contract; Suspension or Cancellation of the Work Permit
(c) Failure to institute measures to ensure the
protection, health, safety, morals, and normal development of the child; (d) Failure to formulate and implement a program for the education, training and skills acquisition of the child; or (e) Depriving the child of access to formal, non- formal or alternative learning system of education. Hours of Work of Working Children
BELOW 18 YEARS OLD - Not more than four (4)
hours/day - Not more than twenty (20) hours/week - No work between 8:00 p.m. and 6:00 a.m. 15-18 YEARS OLD - Not more than eight (8) hours/day - Not more than forty (40) hours/week - No work between 10:00 p.m. and 6:00 a.m. Prohibited Child Employment Children cannot be employed in any of the following: (a) As a model in any advertisement which directly or indirectly promote: (i) alcoholic beverages or intoxicating drinks; (ii) tobacco and its by-products; (iii) gambling; (iv) violence; or (v) pornography. Prohibited Child Employment
(b) In worst forms of labor, particularly:
(i) Slavery or acts similar to slavery,
such as sale and trafficking of children, debt bondage and serfdom, forced labor, or for use in armed conflict; (ii) Prostitution, pornographic performance, or production of pornography; Prohibited Child Employment
(iii) Illegal or illicit activities, including
the production and trafficking of dangerous drugs and volatile substances prohibited under existing laws; (iv) Jobs which degrade or demean the intrinsic worth and dignity of a child as a human being; (v) Jobs which are highly stressful psychologically, or which expose the child to physical, emotional or sexual abuse; Prohibited Child Employment (vi) Jobs which are performed underground, underwater or at dangerous heights; (vii) Jobs which involve the use of dangerous machinery, equipment and tools such as power-driven or explosive power-actuated tools; or (viii) Jobs which expose 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; Prohibited Child Employment
(ix) Jobs which expose 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; (x) Jobs performed under particularly difficult conditions; Prohibited Child Employment
(xi) Jobs which expose the child to
biological agents such as bacteria, fungi, viruses, protozoans, nematodes and other parasites; or (xii) Jobs which involve the manufacture or handling of explosives and other pyrotechnic products. Handling of Childs Income or Property
The income of the working child
belongs to him alone. It shall be used primarily for his support, education or skills acquisition and secondarily to the collective needs of the family to the extent of 20% of the income. Child Abuse a criminal offense
To ensure that children are protected, child
abuse and other acts of child exploitation are declared as criminal offenses. Such criminal offenses can refer to: (a) Child prostitution or sexual abuse; (b) Attempt to commit child prostitution; (c) Child trafficking; (d) Attempt to commit child trafficking; (e) Obscene publication and indecent shows; (f) Cruelty, physical abuse, neglect, psychological and emotional maltreatment; Child Abuse a criminal offense
(g) Any act by deeds or words which
debases, degrades or demeans the intrinsic worth and dignity of a child as a human being; (h) Unreasonable deprivation of his basic needs for survival, such as food and shelter; or (i) 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. THANK YOU!!!!