Special Protection of Children in Situations of Armed Conflict Act

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)