Question & AnswerQ&A (Republic Act No. 11188)
Republic Act No. 11188 is known as the "Special Protection of Children in Situations of Armed Conflict Act."
The State's primary policy is 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, considering their gender, cultural, ethnic, and religious background.
It applies to all children involved in, affected by, or displaced by armed conflict.
A child is defined as (1) a person below eighteen (18) years of age; or (2) a person eighteen (18) years of age or older but who is unable to fully take care of oneself or protect oneself from abuse, neglect, cruelty, exploitation, or discrimination due to physical or mental disability or condition.
Children involved in armed conflict (CIAC) are those forcibly, compulsorily recruited, or who voluntarily joined a government force or any armed group in any capacity, either as combatants or in support roles such as scouts, spies, or sexual objects.
Any person found guilty of such acts shall be punished with imprisonment and a fine of not less than Two million pesos (P2,000,000.00) but not more than Five million pesos (P5,000,000.00).
The Act prohibits cruel, inhuman and degrading treatment, abduction of children, causal maiming, taking children as hostages or human shields, recruitment of children into armed groups, acts of gender-based violence, refusal of humanitarian access, use of children in armed conflict, and attacks on schools, hospitals, and other public places.
Rights include the right to life, special respect and protection, to be treated as victims, protection from recruitment and violence, access to food, shelter, health services, education, freedom of thought and expression, privacy, family unity, nondiscrimination, access to justice, and participation in matters affecting them.
The IAC-CSAC formulates guidelines, monitors and reports cases of children in armed conflict, conducts human rights training and advocacy, and coordinates the implementation of programs and monitoring systems related to these children.
They must be treated in a child-friendly and sensitive manner, their identity protected, custody reported to social welfare offices, medically assessed, integrated into reintegration programs, and reunited with family or placed in conflict-free communities.