QuestionsQuestions (Republic Act No. 10821)
RA 10821 is the “Children’s Emergency Relief and Protection Act.” It mandates emergency relief and child protection before, during, and after disasters and other emergency situations, to safeguard children and pregnant and lactating mothers against violence, neglect, abuse, exploitation, and other acts prejudicial to their interests, survival, development, and well-being.
The State protects children’s fundamental rights before, during, and after disasters by adopting a comprehensive and strategic program guided by principles on survival and development, child participation, consistency with the UN Convention on the Rights of the Child and the Children’s Charter for Disaster Risk Reduction, and minimum standards for children in humanitarian action.
A “Child” is a person below 18 years old, or those over but unable to fully take care of themselves or protect themselves from abuse/neglect/exploitation/discrimination due to a physical or mental disability/condition, as defined in RA 7610.
It refers to a child with a developmental or physical disability as defined in RA 10165 (Foster Care Act of 2012).
The DSWD must formulate the Program. It must be used as the basis for disaster handling and is implemented immediately after the declaration of a national or local state of calamity or occurrence of any other emergency situation.
LGUs must integrate the Program in their development and Local Disaster Risk Reduction and Management (LDRRM) plans and budget.
Key components include: (a) establishment of evacuation centers; (b) establishment of transitional shelters for orphaned, separated, and unaccompanied children, prioritizing vulnerable groups including pregnant and lactating mothers, with child- and gender-sensitive features; (c) assurance of immediate delivery of basic necessities and services; (d) stronger measures for safety and security, including monitoring by PNP with DSWD/other agencies and measures against trafficking/violence; (e) delivery of health/medical/nutrition services; (f) plan for prompt resumption of educational services; (g) establishment of child-friendly spaces; and (h) promotion of children’s rights.
The PNP, in coordination with the AFP and the DSWD, DILG, LGUs, DepED, CHED, and CSOs in the community, is mandated to monitor and ensure safety and security of affected children.
PNP and DSWD, with assistance of AFP operating units and local councils against trafficking and violence against women and their children, must immediately heighten comprehensive measures and monitoring to prevent child trafficking, labor, prostitution, including domestic and sexual violence, in areas declared under state of calamity.
They must adopt a child protection policy that includes measures to deter and effectively respond to cases of violence, abuse, and exploitation of children.
All LGUs must prioritize establishing and ensuring functionality of barangay Violence Against Women and Children (VAWC) desks. These desks serve as key reporting and referral mechanisms for cases of violence, abuse, and exploitation of children during all phases of emergency response and recovery.
Only if there is no other available place/structure. If used: utilize gymnasiums, learning/activity centers, auditoriums, and open spaces first; classrooms only as last resort; use should be as brief as possible.
The LGU must provide written documentation to DepED and DILG stating: (a) name and location of the school; (b) alternative sites and proposal for final site selection; (c) measures to prevent interference/disruption of school and educational activities; and (d) other particulars as required by the IRR.
After a disaster, DepED (with DPWH) must continuously monitor temporary learning spaces/classrooms. If use exceeds six (6) months after the declaration of a state of calamity, the regional DepED office conducts regular site inspections and certifies to the Secretary of Education that spaces are in good physical condition and sufficient to ensure children’s safety and their environment.
DSWD must develop minimum standards and guidelines for the Family Tracing and Reunification System. If families cannot be found or assessed incapable: the children are placed in a licensed/accredited residential care facility or with foster family in accordance with Article 140 of the Child and Youth Welfare Code, or in a community-based center, with case management/intervention by a registered social worker.
PSA must develop a system to restore/reconstruct destroyed or lost civil registry documents and submit reports on restored/reconstructed documents to appropriate agencies to ensure access to social services and facilitate reunification. PSA must also develop a system for registering children born during a national or local state of calamity.
The NDRRMC must promote and conduct a child-responsive training program for responders in the calamity area (community/barangay leaders, community members, school personnel, rescuers). Training includes procedures to assess the situation and safeguard children, and psychosocial interventions for children victims in different stages of development; each member agency must mainstream child protection in its emergency training.
Agencies mandated by the Act monitor and report services under the Program jointly to Congress annually, including a section on pregnant women and children under five (5) for post-disaster nutrition strategy. After a calamity, data for the DRRM Information System must be disaggregated by age, gender, ethnicity, and special needs.
Initial implementation is charged against current appropriations of DSWD, OCD, DepED, DOH, DND, and PSA. Continued implementation is included in the annual General Appropriations Act; for LGUs, implementation is charged against the LDRRM Fund.