CHR: Dignity of all
VISION: A just and humane Philippine society of
persons equal in opportunity, living a life of
dignity, and forever vigilant against abuses
and oppression.
MISSION: As conscience of government and the people, we seek truth in human
rights issues. As beacon of truth, we make people aware of their
rights, and guide government and society towards actions that respect
the rights of all, particularly those who cannot defend themselves—
the disadvantaged, marginalized, and vulnerable.
CHR: Dignity of all
 NATIONAL LAWS PROTECTING CSAC
RA "Special Protection of Article X. Children in Situations of Armed Conflict (Sections
7610 Children Against 22-26)
(1992) Abuse, Exploitation
and Discrimination Section 22. Children as Zones of Peace. – Children are hereby
Act." declared 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.
RA “The Indigenous SECTION 22. Rights During Armed Conflict. — IPs have the
9371 Peoples’ Rights Act of right to special protection and security in periods of armed
(1997) 1997”. conflict.

The State shall observe international standards xx xx for the

protection of civilian populations in circumstances of
emergency and armed conflict, and shall not recruit members
of the ICCs/IPs against their will into the armed forces, and in
particular, for use against other ICCs/IPs; nor recruit children
of ICCs/IPs into the armed forces under any circumstance; nor
force indigenous individuals to abandon their lands, territories
and means of subsistence, or relocate them in special centers
for military purposes under any discriminatory condition.
CHR: Dignity of all
 RA 9231 “An Act Providing Sec. 2. Employment of Children - Children below fifteen (15) years of age
(2003) For The Elimination shall not be employed
Of The Worst Forms
Of Child Labor” Sec. 12-D. Prohibition Against Worst Forms of Child Labor. - No child shall be
engaged in the worst forms of child labor.

"(1) All forms of slavery, as defined under the "Anti-trafficking in Persons Act
of 2003", or practices similar to slavery such as sale and trafficking of
children, debt bondage and serfdom and forced or compulsory labor,
including recruitment of children for use in armed conflict;
xxx xxxx
"(4) Work which, by its nature or the circumstances in which it is carried out,
is hazardous or likely to be harmful to the health, safety or morals of
children, such that it:
"b) Exposes the child to physical, emotional or sexual abuse, or is
found to be highly stressful psychologically or may prejudice morals; or
"g) Is performed under particularly difficult conditions; or
"i) Involves the manufacture or handling of explosives and other
pyrotechnic products."

RA 9344, as “Juvenile Justice (d) "Child at Risk" refers to a child who is vulnerable to and at the risk of
amended and Welfare Act of committing criminal offenses because of personal, family and social
by RA 2006” circumstances, such as, but not limited to, the following:
xxx xxx
10630
(9) living in situations of armed conflict.
(2006)

CHR: Dignity of all

RA 9851 "Philippine Act on Section 4. War Crimes
(2009) Crimes Against (24) Commiting any of the following acts:
International (i) Conscripting, enlisting or recruiting children under
Humanitarian Law, the age of fifteen (15) years into the national armed
Genocide, and forces;
Other Crimes (ii) Conscripting, enlisting or recruiting children under
Against the age of eighteen (18) years into an armed force or
Humanity". group other than the national armed forces; and
(iii) Using children under the age of eighteen (18) years
to participate actively in hostilities; and
RA "Expanded Anti- SEC. 4. Acts of Trafficking in Persons. – It shall be unlawful
10364 Trafficking in for any person, natural or juridical, to commit any of the
(2012) Persons Act of following acts:
2012″. Trafficking for purposes of exploitation of children shall
include:
"(1) All forms of slavery or practices similar to slavery,
involuntary servitude, debt bondage and forced labor,
including recruitment of children for use in armed conflict;
Section 17. Legal Protection to Trafficked Persons. -
Trafficked persons shall be recognized as victims of the act
or acts of trafficking and as such shall not be penalized for
crimes directly related to the acts of trafficking.
CHR: Dignity of all
 Republic Act 11188
“Special Protection of
Children in Situations of
Armed Conflict Act”

CHR: Dignity of all

The salient points of the law are:
• Recognition of rights of children in situations of
armed conflict.
• Prevention of recruitment, re-recruitment and
use of, displacement of children involved in
armed conflict.
• Defined prohibited acts and penalties
• Processes of investigation and prosecution
giving utmost consideration of the best interest
of the child.
• Provision for the protection of victims and
witnesses.
CHR: Dignity of all
• Provision for the reparation to victims.
• Procedure for rescue, rehabilitation and
reintegration.
• Procedure for release of children involved in
armed conflict.
• Strengthening IAC CIAC, now IAC CSAC.
• Appropriations for the implementation of the
law.
• Participation of civil society organizations in the
IAC CSAC and in the drafting of the IRR.

Source: Save the Children Philippines

CHR: Dignity of all
DECLARATION OF STATE
POLICY
(Section 2)

CHR: Dignity of all

Declaration of the State Policy
“to provide special protection to the CSAC from
all forms of violence, neglect, cruelty,
discrimination and other conditions prejudicial to
their development, taking into consideration their
gender, cultural, ethnic and religious
background.”
• Respect the human rights of children at all
times.
• Consider as paramount the best interest of
children.
• Ensure the right to participation of children
affected by armed conflict.
CHR: Dignity of all
DEFINITION OF TERMS

CHR: Dignity of all

 CHILDREN
1. A person below 18 years; or
2. A person 18 years of age of older but
who is unable to fully take care of one
self; or protect one’s self from abuse,
neglect, cruelty, exploitation or
discrimination; and unable to act
discernment because of physical or
mental disability or condition.

CHR: Dignity of all

Children Affected by Armed Conflict (CAAC)
Refer to all children population who
experiencing or who have experienced armed
conflict.
Children Involved in Armed Conflict (CIAC)
Children who joined a government force
or any armed group in any capacity.
Internally Displaced Children
Children who have been forced or obliged
to leave their homes as a result of or in order to
avoid the effect of armed conflict.
CHR: Dignity of all
Children in Situations of
Armed Conflict (CSAC)
Children Affected by Armed
Conflict (CAAC)
Children Involved in Armed
Conflict (CIAC)
Internally Displaced Children

CHR: Dignity of all

 PARENTS
1. Biological parents
2. Adoptive parents
3. Individuals who have
custody of the child
4. Duly licensed foster parents

CHR: Dignity of all

ARMED CONFLICT
Armed confrontations
occurring between government
forces and one or more armed
groups, or between such groups
arising in the Philippine territory.

CHR: Dignity of all

 ARMED GROUP
Armed non-State actor or non-
State entity engaged in armed
violence against the State or
against other non-State groups.

CHR: Dignity of all

GOVERNMENT FORCES
Armed Forces of the
Philippines (AFP), Philippines
National Police (PNP), paramilitary
and other law enforcement
agencies.

CHR: Dignity of all

HUMANITARIAN ACCESS
Right of vulnerable populations
to receive international protection
and assistance from an impartial
humanitarian relief operation to
complement efforts of national
authorities.

CHR: Dignity of all

 HUMANITARIAN
ASSISTANCE
Any aid that seeks to save lives
and alleviate suffering of a crisis-
affected population.

CHR: Dignity of all

 SCHOOL
Refers to any structure or
space, with or without marked
visible boundaries, which is either
recognized by the government or
known by the community as a
learning space for children.
CHR: Dignity of all
 ZONE OF PEACE
Refers to a site with sacred, religious,
historic, educational, cultural, geographical
or environmental importance, which is
protected and preserved by its own
community.
It is not merely a “Demilitarized Zone” but a
sanctuary that operates within the
principles of nonviolence, free from
weapons, injustice and environmental
degradation.
CHR: Dignity of all
CHR: Dignity of all
RIGHTS OF CHILDREN IN
SITUATIONS OF ARMED
CONFLICT
(Section 7)

CHR: Dignity of all

CHILDREN AS ZONES OF PEACE
• “shall extend beyond territorial or geographical
boundaries and shall focus on the person of the
child whose rights shall be promoted and
protected at all times, especially in situations of
armed conflict or violence.”
• The State and all sectors concerned shall have the
responsibility to resolve armed conflict in order to
promote the goal of children as Zones of Peace.
• Preserve peaceful integrity of children, exemplify
mutual respect, and non violent behavior in the
presence of children, and share resources to
further peace and cooperation.
CHR: Dignity of all
Rights of Children in Situations of Armed Conflict
• The right to life, survival and development;
• Right of special respect and protection
against any form of abuse, neglect,
exploitation and violation, especially in the
context of armed conflict;
• To be treated as victims;
• To be protected from any form of direct or
indiscriminate attacks and acts of violence;
• To be protected from recruitment into
government forces or armed groups from
participation in armed conflict;
CHR: Dignity of all
Rights of Children in Situations of Armed Conflict
• Right to be protected from maiming, torture,
abduction, rape and killing, especially
extrajudicial killing;
• Right to be immediately provided and have
safe access to essential, adequate and
culturally appropriate food and nutrition;
basic shelter and housing; culturally
appropriate clothing; water, sanitation and
hygiene; basic health services including
essential drugs, medicines and vaccines,
among others
CHR: Dignity of all
Rights of Children in Situations of Armed
Conflict
• Right to enjoy their freedom of thought,
conscience, religion or belief, opinion and
expression;
• Right to be treated humanely in all
circumstances;
• Right not to be interned or confined in a
camp;
• The right to be with their families, especially
with their mothers, during evacuations and in
evacuation centers;
CHR: Dignity of all
Rights of Children in Situations of Armed
Conflict
• To be reunited with their families in case of
separation due to armed conflict;
• Privacy and confidentiality;
• Non-discrimination;
• Liberty of movement and freedom to choose
their residence;
• Obtain necessary documents to enjoy their
legal rights;
• Access to justice including free legal aid
• Protection of their family’s properties and
possessions in all circumstances. CHR: Dignity of all
PREVENTION
(Section 8)

CHR: Dignity of all

To prevent recruitment, re-recruitment, use,
displacement of, or GCRV against CIAC, the state
shall:
• Prioritize children’s issues in the peace
program;
• Include children’s concerns in the peace
negotiation;
• Pursue mainstreaming of peace education
programs and promotion of culture of peace
and nonviolence;
• Provide educational assistance that is child
and culturally sensitive;
CHR: Dignity of all
• Develop and implement training programs
and campaign towards promoting a culture of
peace and respect for human rights and IHL;
• Establish livelihood programs in affected
areas;
• Make available the basic health services;
• Establish basic facilities and infrastructure
needed;
• Ensure that the child protection mechanisms
are present and functional;
• Establish a comprehensive, effective, efficient
for monitoring, reporting and response for
violations under the law on CSAC. CHR: Dignity of all
PROHIBITED ACTS UNDER
THE CSAC LAW

CHR: Dignity of all

6 Grave Child Rights
Violations (GCRVs)

DAARRK

CHR: Dignity of all

Grave Child Rights Violations
a) Denial of humanitarian access or
assistance
b) Abduction of Children
c) Attack on schools, hospitals, places,
evacuation centers, and settlements, and
other public places such as recreation,
playgrounds and malls
d) Recruitment and use of children
e) Rape and other forms of sexual violence
f) Killing and Maiming
CHR: Dignity of all
Abduction of Children
• seizure, apprehension, taking in
custody, detention or capture of
one or more children either
temporarily or permanently
• by force, threat of force or
coercion or deception
• for the purpose of any form of
exploitation of such children in
situations of armed conflict.
CHR: Dignity of all
Recruitment of Children
compulsory, forced or
voluntary conscription or
enlistment of children into
the governmental armed
forces or forced voluntary
membership into the armed
group.
CHR: Dignity of all
Killing of children
• Acts of all kinds in the context of
armed conflict that result in the death
of one or more children.
• Include the death of children as a
result of direct targeting and indirect
actions,
• They also include murder, homicide
and other similar crimes as defined in
the Revised Penal Code and other
special laws.
CHR: Dignity of all
Maiming of children
• Acts of all kinds in the context of
armed conflict that result in the
serious or permanent or disabling
injury, scarring or defacing, or
mutilation of children.
• Covers intentional maiming
(children are directly targeted) and
causal maiming (result from
indirect actions).
CHR: Dignity of all
• Torture and cruel inhuman degrading or
punishment treatment against children
• Taking children as hostages or human shield
• Acts of Gender-based violence
• Hamletting
• Food blockade
• Intentional delayed reporting of a child in
custody
• False reporting of a child in custody
• False branding of children or labeling of
children as CIAC
• Arrest, arbitrary detention and unlawful
prosecution of children
CHR: Dignity of all
 Acts of gender-based
violence
Physical or sexual violence, other than rape,
and psychosocial harm committed against a
person as a result of power inequities that
based on gender roles.

Includes battering, sexual slavery, female

genital mutilation, prostitution, forced
marriage, forced pregnancy or forced
sterilization.

CHR: Dignity of all

 False branding of children
or labelling children as CIAC
Voluntary and intentional act of
referring to, calling, defining,
reporting or any other form of
communication that incorrectly
defines children as CIAC, the status or
condition of such children such that
they are not involved in armed
conflict.
CHR: Dignity of all
False Reporting of a Child in
Custody
refers to the voluntary and
intentional act of any person of
providing false, incorrect, and
mistaken information in relation to
a child in custody in relation to
situations of armed conflict

CHR: Dignity of all

 FOOD BLOCKADE

An armed conflict tactic of forcibly

cutting the entry of food supplies
in a particular area where children
can be found.

CHR: Dignity of all

 HAMLETING

A strategy used by one party

involved in armed conflict that
isolates the community of
importance to the other party
which is inhabited by children.

CHR: Dignity of all

 TORTURE
An act by which severe pain or suffering, whether
physical or mental, is intentionally inflicted on a
person for the following purposes:
• to obtain information or a confession;
• to punish;
• to intimidate or coerce him/her or a third person;
• for any reason based on discrimination of any
kind;
Such pain or suffering is inflicted by or at the
instigation of or with the consent or acquiescence of
a person in authority or agent of a person in
authority.
CHR: Dignity of all
PARENTAL ACCOUNTABILITY
• If the involvement of the child was due
to parental action or inaction; or
• The parent directed or ratified the
involvement of the child; or
• The child acted as the parent’s agent or
servant; or
• The child was entrusted a dangerous
weapon or instrument.

CHR: Dignity of all

NON-IMPLEMENTATION OR VIOLATION OF ANY
OTHER PROVISIONS OF THIS ACT OR THE IRR
• Against any official public officer who has the
duty to implement the law.
• If s/he prevents, prohibits, refuses or
discontinues the implementation ANY
provision of the law or its IRR.
• Whether knowingly and maliciously, or by
reason of inexcusable negligence or
ignorance.
• In addition to imprisonment, s/he shall be
administratively liable.
CHR: Dignity of all
VIOLATION OF ANY OTHER
PROVISIONS OF THIS ACT OR THE IRR
*** Any person who shall deliberately
commit any other act not covered in
Section 9, which shall result in
prejudicing the rights of CSAC shall
suffer the penalty of imprisonment of
not less than six (6) months but not
more than six (6) years.
CHR: Dignity of all
 PUNISHABLE ACTS PENALTY FINE
• Killing Life Imprisonment Not less than 2M
• Intentional Maiming – Not more than
• Torture (Sec. 4 RA 9745) 5M
• Rape
• Cruel 14-20 years Not less than 1M
• Inhuman, Degrading Treatment (Sec – Not more than
5, RA 9745), 2M
• Abduction If act resulted in
• Causal Maiming, killing, torture,
• Taking children are hostages/human maiming or rape
shield, children:
• Recruitment, Enlistment
• Acts of GBV Life Imprisonment Not less than 2M
• Refusal/Denial of Humanitarian – Not more than
Access 5M
• Use/Involvement of Children in
Armed Conflict
• Attacks on schools, hospitals, places
of worship, etc.
 PUNISHABLE ACTS PENALTY FINE

• Hamletting 6 - 12 years Not less than 500t

• Food blockade – Not more than
• Intentional delayed reporting of child in 1M
custody
• False reporting of child in custody
• False branding of children as CIAC
• Arrest, arbitrary detention or unlawful
prosecution

Non-implementation or Violation of any If knowingly and Perpetual

other provision of RA 11188 or its IRR maliciously: Disqualification
6 - 12 years from Public Office
If by reason of
inexcusable negligence Temporary
or ignorance Disqualification
1 – 6 months from Public Office

Any other act not covered in Sec. 9 which 6 months – 6 years

is deliberately done and shall result in
prejudicing the rights of CSAC
NON PRESCRIPTION
• Crimes defined and penalized
under RA 11188. their
prosecution, and the execution
of sentences imposed on their
account shall not be subject to
any prescription.

CHR: Dignity of all

 INVESTIGATION,
PROSECUTION AND
COURT

CHR: Dignity of all

• Family Courts have Original and
Exclusive Jurisdiction
• CHR, DOJ, PNP, and other
concerned law enforcement
agencies designate prosecutors
or investigators for cases
involving crimes punishable
under the CSAC law.
CHR: Dignity of all
• Presumption of Minority unless proven
otherwise.
• Evidence of age:
 Birth certificate
 Baptismal certificate
 Testimonies
 Information from the child
 Physical appearance
 Dental records, etc.

CHR: Dignity of all

Immunity from Suit for Persons Providing
Assistance
• Any person who shall take custody of
children involved in armed conflict to
ensure their safety or provide them any
form of assistance shall be exempt from
any civil, criminal and administrative
liability.
• Such person has to report this to the
LSWDO, PNP, or barangay office within 48
hours
CHR: Dignity of all
 REHABILITATION AND
REINTEGRATION, RESCUE
AND RELEASE

CHR: Dignity of all

• Program to be provided by local and
national agencies, in partnership with
nongovernment organizations.
• Families and communities are to be involved
in the process.
• Program shall be designed with due respect
to the culture of the child, family and
community.
• Regardless of the perceived association of
the child, he/she shall benefit from all
available services for the victims of armed
conflict.
CHR: Dignity of all
RESCUE
The state shall provide adequate
measures and mechanism to facilitate
recovery of children from armed
groups or government forces.
Legal assistance and physical
security shall be provided at all times
upon rescue.
Services shall include family
tracing and psychosocial support.
CHR: Dignity of all
REHABILITATION
The government and CSOs shall
facilitate the normal development of
children victims.
Services shall include therapeutic
counseling, security and protection,
educational assistance and livelihood
opportunities for parents/guardians,
or to the victims when they become
of age.
CHR: Dignity of all
REINTEGRATION
The government and CSOs shall
bring the children back to their
families or communities whenever
possible.
This shall involve services
including provision of alternative
parental care and trainings aimed to
enhance community readiness in the
reintegration.
CHR: Dignity of all
RELEASE
The State shall take all feasible
measure to ensure that CIAC are
demobilized, dissociated, or otherwise
release from the government force or
armed group.
This shall involve development of
child-specific release program, monitor
and document status of CIAC, data and
information sharing, and mobilization &
strengthening network for referrals.
CHR: Dignity of all
 PROCEDURE WHEN CIAC ARE RESCUED, TAKEN INTO CUSTODY
OR HAVE SURRENDERED

• The AGENCY in possession of CIAC shall report within

Upon Rescue
24 hours the incident to LSWDO, LCPC and CWC.

• LSWDO or LCPC shall coordinate the handover of

custody of the children to the DSWD. Handover to the
Handover of LSWDO must take place within 24 hours, if not
the child possible within the next 72 hours.

• LSWDO to facilitate family tracing and coordinate with

Family parents/relatives to inform the of the handover
Tracing

CHR: Dignity of all

 • Local Health Office (LHO), in coordination with
LSWDO, shall check and assess the medical and
Medical physical condition of the child.

• LSWDO to assess needs of CIAC and refer to concerned agencies

for provision of immediate assistance or appropriate services.
• Parents to undergo counselling, or any intervention that will
advance welfare of the child.
Assistance to
CIAC and family
• Provision of social welfare and social protection interventions
for parents and children to ensure family support, rehabilitation
and reintegration.

• The LSWDO with other concerned agencies shall enter CIAC into
child-specific reintegration programs.
• CIAC reintegrated into the community and reunited with his/her
Reintegration
family or community setting where they can be cared and
protected.
• If such is not feasible, a conflict-free community or institution
shall be identified.

CHR: Dignity of all

• Consider the safety and security of the CIAC at
all times.
• Ensure that CIAC are not subjected to tactical
interrogation or any similar investigation,
especially by the police or military.
• Protect the identity of the CIAC. Any
identifying information regarding them shall
remain confidential.
• Rescued CIAC shall not be used for any
political propaganda.
• Do not unnecessarily exposed CIAC to the
media.
CHR: Dignity of all
 INVOLVEMENT OF
GOVERNMENT AND
NONGOVERNMENT
ORGANIZATIONS

CHR: Dignity of all

 INTER-AGENCY COMMITTEE ON CHILDREN IN SITUATIONS OF ARMED
CONFLICT (IAC CSAC)

New Members:
1. Office of Civil Defense (OCD)
2. Philippine Commission on Women (PCW)
3. Local Government Units
4. Two (2) CSOs working in the same field
CHR: Dignity of all
Functions of the IAC CSAC
• Ensure that international instruments
and other related human rights treaties
are considered in actions taken;
• Formulate guidelines and develop
programs for handling children involved
in armed conflict;
• Monitor or document cases of captured,
surrendered, arrested, rescued,
recovered children by government
forces;
CHR: Dignity of all
Functions of the IAC CSAC
• Conduct human rights trainings, advocacy and
information campaigns and capacity building
of LGUs;
• Implement a monitoring, reporting and
response system for GCRVs;
• Work closely with concerned agencies in
coordinating and monitoring the
implementation of the enhanced CSAC
program.
• Ensure implementation of the provisions of
RA 11188.
CHR: Dignity of all
TRANSITORY PROVISIONS

CHR: Dignity of all

Sec. 28. Dismissal of Criminal Cases
Criminal cases against CIAC shall
immediately be dismissed and the child shall
be referred to the LSWDO.
LSWDO shall determine whether or not
to release the child to the custody of the
parents, or refer the child to prevention,
rehabilitation and reintegration.
Those with suspended sentences and
undergoing rehabilitation shall likewise be
released.
CHR: Dignity of all
Sec. 29. Inventory of Custody of
CSAC
AFP, PNP, BJMP, DSWD, NCIP,
NCMF and concerned LGUs shall
submit to CWC, within 90 days
from effectivity of RA 11188, an
inventory of ALL CSAC under
their custody.
CHR: Dignity of all
Sec. 30. Children Who Reach the Age of 18
Pending Court Proceedings or in Suspended
Sentence
The Family Court shall dismiss the case
against the person.
Those with suspended sentences and
undergoing rehabilitation center shall likewise be
released.
The Family Court, in consultation with
concerned agencies, shall determine and order
the appropriate rehabilitation and reintegration
programs.
CHR: Dignity of all
Section 31. Children Who Have Been
Convicted and are Serving Sentence.

Below 18 during commission of the offense

+ serving sentence at the time of effectivity
of RA 11188  entitled to appropriate
dispositions provided under RA 11188 and
their sentences shall be adjusted.

CHR: Dignity of all

FINAL PROVISIONS

CHR: Dignity of all

Section 32. Appropriations
Initial Implementation  charged
against current year’s appropriation of
concerned implementing
departments/agencies.
Succeeding years  include in the
budget of the concerned
departments/agencies.
CHR: Dignity of all
Section 33. Implementing Rules and
Regulations
 shall be promulgated within 90
days from the approval of RA 11188.
Section 34. Congressional Oversight
CSAC
 composed of chairpersons of
Committee on Children in Senate and
HOR, CWC, OPAPP, CHR, DSWD and one
CSO.
CHR: Dignity of all
 Thank you!

Any Questions?

CHR: Dignity of all

 SAAC Bldg., Commonwealth Ave.,
UP Complex, Diliman, Quezon City

Public Assistance and Complaints Desk

(0936) 068 0982 (TM) | (0920) 506 1194 (Smart)
(02) 294 8704

/chrgovph
www.chr.gov.ph

VISION: A just and humane Philippine society of
persons equal in opportunity, living a life of
dignity, and forever vigilant against abuses
and oppression.
MISSION: As conscience of government and the people, we seek truth in human
rights issues. As beacon of truth, we make people aware of their
rights, and guide government and society towards actions that respect
the rights of all, particularly those who cannot defend themselves—
the disadvantaged, marginalized, and vulnerable.