2-Child Protection Policies-DO 40-2012- Ms. Glydiza E. Gochoco.pptx

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1. The Journey to the man that you are today

2. What is your happiest moment when you where a child?

3. What was your favorite food as a child?

4. What scared you when you was a child?

5. What was your childhood dream?

6. T he Child is the Father of the Man

7. Child Protection DepEd Child Protection Policy Implementing Rules and Regulations of Republic Act No. 10627 Guidelines and Procedures on the Management of Children-at-risk (CAR) and Children in Conflict with the Law (CICL) Capacity-Building Training-Workshop on Child Protection Concerns April 26 – 29, 2022 Overview

8. DepEd Child Protection Policy

9. DepEd Child Protection Policy 1. Child abuse; 2. Discrimination against children; 3. Child Exploitation; 4. Violence Against Children in School; 5. Corporal Punishment; and 6. Any analogous or similar acts. ***Bullying is also a prohibited act, but it is defined under DepEd Order No. 55, s. 2013 Capacity-Building Training-Workshop on Child Protection Concerns Prohibited Acts under DO 40, s. 2012

10. Child Protection refers to the maltreatment, whether habitual or not, of the child which includes Psychological, Physical, neglect deprivation of basic needs, failure to provide medical treatment, sexual abuse, and emotional maltreatment. (Sec 3(b). Republic Act 7610) Psychological or physical abuse, neglect, cruelty, sexual abuse, and emotional maltreatment; Any act by deeds or words which debases, degrades or demeans the intrinsic worth and dignity of a child as a human being; Unreasonable deprivation of the child’s basic needs for survival; and Failure to immediate medical treatment. Capacity-Building Training-Workshop on Child Protection Concerns Child Abuse

11. Child Protection Discrimination against children refers to any unjust or prejudicial treatment based on: Age Ethnicity Sexual orientation and Gender identity Language Religion Political or Other opinion National or Social origin (Sec. 3(J) DepEd Order 40, s. 2012) Capacity-Building Training-Workshop on Child Protection Concerns Discrimination against children

12. Child Protection Discrimination against children refers to any unjust or prejudicial treatment based on: Property Birth Being infected or affected of Sexually Transmitted Disease Being pregnant (Sec. 3(J) DepEd Order 40, s. 2012) Capacity-Building Training-Workshop on Child Protection Concerns Discrimination against children

13. Child Protection Discrimination against children refers to any unjust or prejudicial treatment based on: Being a Child at Risk or Child in Conflict with the Law Being a child with disability Other discriminatory action.  (Sec. 3(J) DepEd Order 40, s. 2012) Capacity-Building Training-Workshop on Child Protection Concerns Discrimination against children

14. Child Protection It refers to the use of children for someone else’s advantage, gratification or profit often resulting in unjust, cruel and harmful treatment of the child.  There are two recognized main forms of child exploitation, namely: sexual exploitation ; and economic exploitation . ( Sec 3(K) D. O. 40 s. 2012) Capacity-Building Training-Workshop on Child Protection Concerns Child Exploitation

15. Child Protection sexual exploitation refers to the abuse of position of vulnerability, differential power, or trust for sexual purposes.  ( Sec 3(K) D. O. 40 s. 2012) Economic exploitation refers to the use of child in work or other activities for the benefit of others. ( Sec 3(K) D. O. 40 s. 2012) Capacity-Building Training-Workshop on Child Protection Concerns Child Exploitation

16. Child Protection Refers to any act committed by any school personnel against a child, which results in physical, sexual, psychological harm or suffering or other abuses. (Sec. 3(L) DepEd Order 40, s. 2012) Capacity-Building Training-Workshop on Child Protection Concerns Violence Against Children in School

17. Child Protection Violence Against Children in School includes the following: Physical Violence Sexual Violence Psychological Violence Other Acts of Violence. (Sec. 3(L) DepEd Order 40, s. 2012) Capacity-Building Training-Workshop on Child Protection Concerns Violence Against Children in School

18. Child Protection Corporal Punishment refers to any kind of punishment or penalty imposed for an alleged or actual offense. Purpose: discipline, training, or control,  (Sec. 3(O) DepEd Order 40,  s. 2012) Capacity-Building Training-Workshop on Child Protection Concerns Corporal Punishment

19. Child Protection May be committed by: Teacher School administrator An adult Or any other child who has been given or has assumed authority or responsibility or punishment or discipline. (Sec. 3(O) DepEd Order 40, s. 2012) Capacity-Building Training-Workshop on Child Protection Concerns Corporal Punishment

20. Child Protection It includes physical, humiliating or degrading punishment, including, but not limited to the following: Blows such as, beating, kicking, hitting, slapping, or lashing, of any part of a child’s body, with or without the use of an instrument such as, a cane, broom, stick, whip or belt; Capacity-Building Training-Workshop on Child Protection Concerns Corporal Punishment

21. Child Protection Striking of a child's face or head, such being declared as a "no contact zone"; - Pulling hair, shaking, twisting joints, cutting or piercing skin, dragging, pushing or throwing of a child. Capacity-Building Training-Workshop on Child Protection Concerns Corporal Punishment

22. Child Protection Forcing a child to perform physically painful or damaging acts; Deprivation of a child's physical needs as a form of punishment; Deliberate exposure to fire, ice, water, smoke, sunlight, rain, pepper, alcohol, or forcing the child to swallow substances, dangerous chemicals, and other materials; Capacity-Building Training-Workshop on Child Protection Concerns Corporal Punishment

23. Child Protection Tying up a child; Confinement, imprisonment or depriving the liberty of a child Verbal abuses or assaults Forcing a child to perform physically painful or damaging acts Permanent confiscation of personal property of pupils, students or learners, except when such pieces of property pose a danger to the child or to others; and Other analogous acts. Capacity-Building Training-Workshop on Child Protection Concerns Corporal Punishment

24. Implementing Rules and Regulations of Republic Act No. 10627

25. Implementing Rules and Regulations of Republic Act No. 10627 Bullying . Cyber-Bullying. Social Bullying. Gender-based Bullying. Capacity-Building Training-Workshop on Child Protection Concerns Definition of terms

26. Implementing Rules and Regulations of Republic Act No. 10627 Bullying is committed when a student commits an act or a series of acts directed towards another student, or a series of single acts directed towards several students in a school setting or a place of learning, which results in physical and mental abuse, harassment, intimidation, or humiliation. Cyber-Bullying Is any conduct defined in the preceding paragraph, as resulting in harassment, intimidation, or humiliation, through electronic means or other technology, such as, but not limited to texting, email, instant messaging, chatting, internet, social networking websites or other platforms or formats.  Capacity-Building Training-Workshop on Child Protection Concerns Definition of terms

27. Implementing Rules and Regulations of Republic Act No. 10627 The Term Bullying shall also include: Social Bullying – refers to any deliberate, repetitive and aggressive social behavior intended to hurt others or to belittle another individual or group. Gender-based Bullying – refers to any act that humiliates or excludes a person on the basis of perceived or actual sexual orientation and gender identity. Capacity-Building Training-Workshop on Child Protection Concerns Definition of terms

28. Implementing Rules and Regulations of Republic Act No. 10627 Bullying . Cyber-Bullying. Capacity-Building Training-Workshop on Child Protection Concerns Prohibited Acts

29. Implementing Rules and Regulations of Republic Act No. 10627 Bullying is prohibited in the following: School Grounds; Property immediately adjacent to school grounds; School-sponsored activities or School-related activities, functions or programs whether on or off school grounds; School bus stops; School buses or vehicle owned, leased or used by a school. Capacity-Building Training-Workshop on Child Protection Concerns Prohibited Acts

30. Implementing Rules and Regulations of Republic Act No. 10627 School buses or school services privately-owned but accredited by the school. Bullying through the use of technology or an electronic device or other forms of media owned, leased or used by a school. Bullying at a location, activity, function or program that is not school-related and through the use of technology leased or used by a school. Retaliation against a person who reports bullying, who provides information during an investigation of bullying, or who is a witness to or has reliable information about bullying. (Rule IV, D. O. s. 2013) Capacity-Building Training-Workshop on Child Protection Concerns Prohibited Acts

31. Guidelines and Procedures on the Management of Children-at-risk (CAR) and Children in Conflict with the Law (CICL)

32. Children-at-risk (CAR) and Children in Conflict with the Law (CICL) Children in Conflict with the Law (CICL) Children-at-Risk (CAR) Bahay Pag-asa Capacity-Building Training-Workshop on Child Protection Concerns Definition of terms

33. Implementing Rules and Regulations of Republic Act No. 10627 Children in Conflict with the Law (CICL) refers to a child who is alleged as, accused of, or adjudged as, having committed an offense under Philippine Laws (Sec. 4. (e) R.A. No 9344, as amended). Capacity-Building Training-Workshop on Child Protection Concerns Definition of terms

34. Implementing Rules and Regulations of Republic Act No. 10627 Child-at-Risk (CAR) refers to a child who is vulnerable to and at risk of behaving in a way that can harm himself, herself or others, or vulnerable and at risk of being pushed and exploited to come into conflict with the law because of personal, family and social circumstances such as, but not limited to the following: Being abused by any person through sexual, physical, psychological, mental, economic or any other means, and the parents or guardian refuse, unwilling, or unable to provide protection to the child. Capacity-Building Training-Workshop on Child Protection Concerns Definition of terms

35. Implementing Rules and Regulations of Republic Act No. 10627 b. Being exploited including sexually or economically; c. Being abandoned or neglected, and after diligent search and inquiry, the parents or guardians cannot be found; d. Coming from a broken or dysfunctional family or being without a parent or guardian. e. Being out of school, street child, a member of a gang or living in a community with high level of criminality or drug abuse; f. Living in situations of armed conflict. Capacity-Building Training-Workshop on Child Protection Concerns Definition of terms

36. Implementing Rules and Regulations of Republic Act No. 10627 It may also refer to child who has violate ordinances concerning juvenile status offenses such as, but not limited to, curfew violations, truancy, parental disobedience, anti-smoking and anti-drinking laws, as well as other light offenses or misdemeanors. Capacity-Building Training-Workshop on Child Protection Concerns Definition of terms

37. Implementing Rules and Regulations of Republic Act No. 10627 Bahay Pag-Asa refers to a 24 hour child-caring institution established by the Local Government Units and licensed and/or accredited by Non-Government Organizations providing short-term residential care for CICL who are 15 years old but below 18 years old who are waiting awaiting court disposition of their cases or transfer to other agencies or jurisdiction. Capacity-Building Training-Workshop on Child Protection Concerns Definition of terms

38. Implementing Rules and Regulations of Republic Act No. 10627 Right not to be subjected to torture or other cruel, inhuman or degrading treatment or punishment; Right not to be imposed a sentence of capital punishment or life punishment, without the possibility of release; Right not to be deprived of his/her liberty;  Right to be treated with humanity and respect;  Right to prompt access to legal and other appropriate assistance; Right to bail; Capacity-Building Training-Workshop on Child Protection Concerns Rights of Children in Conflict with the Law

39. Implementing Rules and Regulations of Republic Act No. 10627 7. The right to testify as a witness in his/her own behalf; 8. The right to privacy at all stages of proceedings; 9. The right to diversion is qualified; 10. The right to be imposed a judgement in proportion to the gravity of the offense, and where his/her best interest are; 11. The right to have restrictions on his/her liberty limited to the minimum; 12. The right to automatic suspension of sentence; Capacity-Building Training-Workshop on Child Protection Concerns Rights of Children in Conflict with the Law

40. Data Privacy Act

41. Anti-Photo and Video Voyeurism Act of 2009 Consent of the data subject refers to any freely given, specific, informed indication of will, whereby the data subject agrees to the collection and processing of personal information about and/or relating to him or her. Consent shall be evidenced by written, electronic or recorded means. It may also be given on behalf of the data subject by an agent specifically authorized by the data subject to do so. Capacity-Building Training-Workshop on Child Protection Concerns Definition of Terms

42. Anti-Photo and Video Voyeurism Act of 2009 Personal information refers to any information whether recorded in a material form or not, from which the identity of an individual is apparent or can be reasonably and directly ascertained by the entity holding the information, or when put together with other information would directly and certainly identify an individual. Capacity-Building Training-Workshop on Child Protection Concerns Definition of Terms

43. Anti-Photo and Video Voyeurism Act of 2009 Sensitive personal information refers to personal information: (1) About an individual’s race, ethnic origin, marital status, age, color, and religious, philosophical or political affiliations; (2) About an individual’s health, education, genetic or sexual life of a person, or to any proceeding for any offense committed or alleged to have been committed by such person, the disposal of such proceedings, or the sentence of any court in such proceedings; (3) Issued by government agencies peculiar to an individual which includes, but not limited to, social security numbers, previous or current health records, licenses or its denials, suspension or revocation, and tax returns; and (4) Specifically established by an executive order or an act of Congress to be kept classified. Capacity-Building Training-Workshop on Child Protection Concerns Definition of Terms

44. Anti-Photo and Video Voyeurism Act of 2009 General Data Privacy Principles. – The processing of personal information shall be allowed, subject to compliance with the requirements of this Act and other laws allowing disclosure of information to the public and adherence to the principles of transparency, legitimate purpose and proportionality. Capacity-Building Training-Workshop on Child Protection Concerns Processing of Personal Information

45. Anti-Photo and Video Voyeurism Act of 2009 Criteria for Lawful Processing of Personal Information. – The processing of personal information shall be permitted only if not otherwise prohibited by law, and when at least one of the following conditions exists: (a) The data subject has given his or her consent; (b) The processing of personal information is necessary and is related to the fulfillment of a contract with the data subject or in order to take steps at the request of the data subject prior to entering into a contract; Capacity-Building Training-Workshop on Child Protection Concerns Processing of Personal Information

46. Anti-Photo and Video Voyeurism Act of 2009 (c) The processing is necessary for compliance with a legal obligation to which the personal information controller is subject; (d) The processing is necessary to protect vitally important interests of the data subject, including life and health; (e) The processing is necessary in order to respond to national emergency, to comply with the requirements of public order and safety, or to fulfill functions of public authority which necessarily includes the processing of personal data for the fulfillment of its mandate; or Capacity-Building Training-Workshop on Child Protection Concerns Processing of Personal Information

47. Anti-Photo and Video Voyeurism Act of 2009 (f) The processing is necessary for the purposes of the legitimate interests pursued by the personal information controller or by a third party or parties to whom the data is disclosed, except where such interests are overridden by fundamental rights and freedoms of the data subject which require protection under the Philippine Constitution. Capacity-Building Training-Workshop on Child Protection Concerns Processing of Personal Information

48. Anti-Photo and Video Voyeurism Act of 2009 The processing of sensitive personal information and privileged information shall be prohibited, except in the following cases: (a) The data subject has given his or her consent, specific to the purpose prior to the processing, or in the case of privileged information, all parties to the exchange have given their consent prior to processing; (b) The processing of the same is provided for by existing laws and regulations: Provided, That such regulatory enactments guarantee the protection of the sensitive personal information and the privileged information: Provided, further, That the consent of the data subjects are not required by law or regulation permitting the processing of the sensitive personal information or the privileged information; Capacity-Building Training-Workshop on Child Protection Concerns Sensitive Personal Information and Privileged Information

49. Anti-Photo and Video Voyeurism Act of 2009 (c) The processing is necessary to protect the life and health of the data subject or another person, and the data subject is not legally or physically able to express his or her consent prior to the processing; (d) The processing is necessary to achieve the lawful and noncommercial objectives of public organizations and their associations: Provided, That such processing is only confined and related to the bona fide members of these organizations or their associations: Provided, further, That the sensitive personal information are not transferred to third parties: Provided, finally, That consent of the data subject was obtained prior to processing; (e) The processing is necessary for purposes of medical treatment, is carried out by a medical practitioner or a medical treatment institution, and an adequate level of protection of personal information is ensured; or Capacity-Building Training-Workshop on Child Protection Concerns Sensitive Personal Information and Privileged Information

50. Anti-Photo and Video Voyeurism Act of 2009 (f) The processing concerns such personal information as is necessary for the protection of lawful rights and interests of natural or legal persons in court proceedings, or the establishment, exercise or defense of legal claims, or when provided to government or public authority. Capacity-Building Training-Workshop on Child Protection Concerns Sensitive Personal Information and Privileged Information

51. Anti-Photo and Video Voyeurism Act of 2009

52. Anti-Photo and Video Voyeurism Act of 2009 (a) To take photo or video coverage of a person or group of persons performing sexual act or any similar activity or to capture an image of the private area of a person/s such as the naked or undergarment clad genitals, public area, buttocks or female breast without the consent of the person/s involved and under circumstances in which the person/s has/have a reasonable expectation of privacy; Capacity-Building Training-Workshop on Child Protection Concerns Prohibited Acts

53. Anti-Photo and Video Voyeurism Act of 2009 (b) To copy or reproduce, or to cause to be copied or reproduced, such photo or video or recording of sexual act or any similar activity with or without consideration; (c) To sell or distribute, or cause to be sold or distributed, such photo or video or recording of sexual act, whether it be the original copy or reproduction thereof; or Capacity-Building Training-Workshop on Child Protection Concerns Prohibited Acts

54. Anti-Photo and Video Voyeurism Act of 2009 (d) To publish or broadcast, or cause to be published or broadcast, whether in print or broadcast media, or show or exhibit the photo or video coverage or recordings of such sexual act or any similar activity through VCD/DVD, internet, cellular phones and other similar means or device. The prohibition under paragraphs (b), (c) and (d) shall apply notwithstanding that consent to record or take photo or video coverage of the same was given by such person/s. Any person who violates this provision shall be liable for photo or video voyeurism as defined herein. Capacity-Building Training-Workshop on Child Protection Concerns Prohibited Acts

55. Thank you