CHILDREN’S EMERGENCY RELIEF AND PROTECTION ACT

Case Overview and Summary

Summary of Republic Act No. 10821 (Children's Emergency Relief and Protection Act)

Comprehensive Emergency Program for Children (Section 4)
• The Department of Social Welfare and Development (DSWD) shall formulate a Comprehensive Emergency Program for Children to protect children, pregnant and lactating mothers, and support their immediate recovery during disasters and emergencies.
• The program shall be gender-sensitive and have the following components:

- Establishment of Evacuation Centers (Section 4a, 5)
• Local government units (LGUs) shall establish safe evacuation centers for children and families.
• Schools or child development centers may only be used as evacuation centers as a last resort, and their use shall be as brief as possible, not exceeding 15 days without proper documentation.

- Establishment of Transitional Shelters (Section 4b)
• The National Housing Authority, in coordination with other agencies, shall immediately establish transitional shelters prioritizing vulnerable groups like orphaned, separated, and unaccompanied children, and pregnant and lactating mothers.
• New transitional shelters shall have gender-specific facilities, child-friendly spaces, and provisions for maternal and newborn care.

- Assurance for Immediate Delivery of Basic Necessities and Services (Section 4c)
• The program shall ensure immediate delivery of basic necessities like food, water, medicines, clothing, and other emergency needs for affected children, prioritizing specific needs of pregnant women, lactating mothers, newborns, children under 5, and children with special needs.

- Stronger Measures to Ensure Safety and Security of Affected Children (Section 4d)
• The Philippine National Police, Armed Forces, DSWD, and other agencies shall monitor and ensure the safety and security of affected children, and protect them from abuse and exploitation.
• Heightened measures shall be implemented to prevent child trafficking, labor, prostitution, and domestic and sexual violence.
• All agencies providing assistance shall adopt a child protection policy.
• Barangay violence against women and children (VAWC) desks shall be prioritized for reporting and referral.
• Children shall be given priority during evacuation and accompanied by responsible persons.

- Delivery of Health, Medical, and Nutrition Services (Section 4e)
• The Department of Health, in coordination with DSWD, LGUs, and civil society organizations, shall provide health, medical, and nutritional needs of children, including psychosocial interventions.

- Plan for Prompt Resumption of Educational Services (Section 4f)
• The Department of Education, DSWD, DILG, and LGUs shall ensure prompt resumption of educational services for all children, including early childhood care and development.

- Establishment of Child-friendly Spaces (Section 4g)
• LGUs shall set up child-friendly spaces in every area declared under a state of calamity, based on DSWD guidelines.
• If LGUs cannot respond immediately, DSWD and other agencies shall provide necessary child care services.

- Promotion of Children's Rights (Section 4h)
• The program shall include activities to promote and uphold children's rights, such as child-centered training for responders, providing age-appropriate information to children, ensuring meaningful participation of children in disaster risk reduction programs, and consulting with affected children on their needs and priorities.

Orphaned, Unaccompanied, or Separated Children (Section 6)
• DSWD shall develop standards and guidelines for the Family Tracing Reunification System of orphaned, unaccompanied, and separated children.
• Children whose families cannot be found or assessed as incapable of providing care shall be placed in licensed residential care facilities, foster families, or community-based centers, with case management by a registered social worker.

System of Restoring Civil Registry Documents (Section 7)
• The Philippine Statistics Authority shall develop a system for restoring and reconstructing civil registry documents destroyed or lost during disasters, and for registering children born during a state of calamity.

Training of Emergency Responders on Child Protection (Section 8)
• The National Disaster Risk Reduction and Management Council shall promote and conduct child-responsive training for all responders, including proper procedures to assess, safeguard, and protect affected children, and appropriate psychosocial interventions.

Data Gathering, Monitoring, and Reporting (Section 9)
• Mandated agencies shall monitor and report annually to Congress on the implementation of services under the program, including a specific section on pregnant women and children under 5.
• Data collection and reporting shall be disaggregated by age, gender, ethnicity, and special needs.
• Within 5 days of declaring a national state of calamity, DSWD and DILG shall submit written documentation and report on their surveillance and monitoring to the Senate and House of Representatives.

Appropriations (Section 10)
• The initial implementation shall be charged against current appropriations of DSWD, Office of Civil Defense, DepED, DOH, DND, and PSA.
• Subsequent implementation shall be included in the annual General Appropriations Act and Local Disaster Risk Reduction and Management Fund for LGUs.

Implementing Rules and Regulations (Section 11)
• Within 90 days from the effectivity of this Act, DSWD, in consultation with other agencies and child-focused civil society organizations, shall promulgate the necessary rules and regulations for effective implementation.

Interpretation Clause (Section 12)
• The provisions of this Act and its implementing rules and regulations shall be liberally construed in favor of the best interest of the child.

Separability Clause (Section 13)
• If any provision is declared invalid or unconstitutional, the remaining provisions shall remain in full force and effect.

Repealing Clause (Section 14)
• All laws, executive orders, presidential decrees, rules and regulations inconsistent with any provision of this Act are hereby repealed, amended, or modified accordingly.

Effectivity (Section 15)
• This Act shall take effect 15 days after its publication in the Official Gazette or a newspaper of general circulation.