Special Protection of Children in Situations of Armed Conflict Act
Download as PDF
Download as Word
Collections
Create new Collection
Overview
Full Text
Details
Case
Agency Issuance Number
Published Date
Special Protection of Children in Situations of Armed Conflict Act
Republic Act No. 11188
January 10, 2019
Case Overview and Summary
Summary of Republic Act No. 11188 (Special Protection of Children in Situations of Armed Conflict Act)Declaration of State Policy (Section 2)
- Provide special protection to children in armed conflict from abuse, violence, neglect, cruelty, discrimination
- Implement UN treaties like UNCRC, protect rights of children based on human rights treaties
- Consider best interests of children as paramount, treat them as victims
- Address root causes of armed conflict like poverty, injustice
- Prosecute those responsible for grave child rights violations
- Ensure children's participation in policies concerning them
Rights of Children in Armed Conflict (Section 7)
- Right to life, survival, development, special protection from abuse
- Right to be treated as victims, accorded special respect
- Protection from recruitment, torture, maiming, abduction, rape, killing
- Access to food, shelter, health services, education, psychosocial support
- Freedom of thought, religion, expression, association
- Humane treatment without discrimination
- Rights of injured, disabled, unaccompanied, expectant mothers
- Family reunification, privacy, non-discrimination, freedom of movement
- Right to documents, access to justice, protection of properties
- Right to participation in matters affecting them
Prevention (Section 8)
- Prioritize children's issues in peace program, include in negotiations
- Promote peace education, culture of peace and non-violence
- Provide education assistance, capacity building on local governance
- Establish livelihood programs, basic health services, child protection mechanisms
- Monitoring, reporting and response system for violations
Prohibited Acts and Penalties (Section 9)
- Grave violations: killing, torture, maiming, rape of children (life imprisonment, P2-5M fine)
- Other violations: cruel treatment, abduction, hostage, recruitment, gender violence, denial of aid, involvement in armed conflict, attacks on civilian areas (14-20 years, P1-2M fine)
- If violations result in killing, torture, etc., penalty is life imprisonment
- Other unlawful acts: hamleting, food blockade, false reporting/branding of children, arbitrary detention (6-12 years, P500k-1M fine)
Principles of Criminal Liability (Sections 13-16)
- Applies equally regardless of official capacity
- Responsibility of superiors for acts of subordinates
- Following unlawful orders is not a defense except under specific conditions
- Liability extends to those acting on behalf of armed groups
Investigation, Prosecution, Court (Sections 17-21)
- Family Courts have jurisdiction over crimes in the Act
- Specialized prosecutors, investigators to be designated and trained
- Procedures for age verification, presumption of minority
- Protection of victims/witnesses, privacy, participation
- Reparations to victims, orders against convicted persons
- Immunity for those providing assistance to rescued children
Rehabilitation, Reintegration, Rescue, Release (Sections 22-24)
- Rescue, rehabilitation, reintegration programs for children by civilian agencies, NGOs
- Psychosocial, health, education, livelihood services respecting culture
- Protocol: rescue, rehabilitation through counseling, security, education, livelihood; reintegration to families/communities
- Measures to ensure release of children from armed groups
- Procedures for rescued, surrendered children: reporting, handover, assessment, services
Roles of Government and NGOs (Sections 25-26)
- Inter-Agency Committee on Children in Situations of Armed Conflict (IAC-CSAC) led by CWC
- IAC-CSAC functions: guidelines, programs, training, advocacy, monitoring system
Monitoring and Reporting (Section 27)
- IAC-CSAC to monitor implementation, submit annual report
- CWC to maintain database on children in armed conflict
Transitory Provisions (Sections 28-31)
- Dismissal of criminal cases against children, referral to LSWDO
- Inventory of children in custody to be submitted within 90 days
- Provisions for children turning 18 during proceedings or serving sentences
Appropriations, Implementing Rules, Oversight (Sections 32-34)
- Funding from current appropriations, future budgets of agencies
- CWC to issue implementing rules within 90 days in consultation with agencies, NGOs
- Congressional Oversight Committee to be created
Other Provisions
- Suppletory application of other laws like Revised Penal Code, RA 7610, etc. (Section 35)
- Separability clause for invalid provisions (Section 36)
- Repealing of inconsistent laws like EO 138 (Section 37)
- Effectivity 15 days after publication (Section 38)
Amends
n/a
Amended by
n/a
Tags
Statutes
Republic Acts
children in armed conflict
child soldiers
child protection
human rights
humanitarian law
grave child rights violations
rehabilitation
reintegration
rescue
release
prevention
monitoring
reporting
penalties
criminal liability
armed groups
government forces
torture
maiming
rape
abduction
recruitment
gender violence
attacks on civilians
Inter-Agency Committee
Council for the Welfare of Children
implementing rules
congressional oversight
Law
Special Protection of Children in Situations of Armed Conflict Act
Republic Act No. 11188
•January 10, 2019
REPUBLIC ACT NO. 11188
AN ACT PROVIDING FOR THE SPECIAL PROTECTION OF CHILDREN IN SITUATIONS OF ARMED CONFLICT AND PROVIDING PENALTIES FOR VIOLATIONS THEREOF
CHAPTER I
General Provisions
SECTION 1. Short Title. — This Act shall be known as the "Special Protection of Children in Situations of Armed Conflict Act."
SECTION 2. Declaration of State Policy. — It shall be the policy of the State to provide special protection to children in situations of armed conflict from all forms of abuse, violence, neglect, cruelty, discrimination and other conditions prejudicial to their development, taking into consideration their gender, cultural, ethnic and religious background. For this purpose, the State shall:
(a) Fully implement the protection guaranteed under the United Nations Convention on the Rights of the Child (UNCRC), its Optional Protocol on the involvement of children in armed conflict and all other core human rights treaties, particularly, the International Covenant on Civil and Political Rights and the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment; other pertinent international instruments such as the International Labor Organization Convention...
Login to see full content
Amends
n/a
Amended by
n/a