Law Summary
Declaration of State Policy
- Special protection for children in armed conflict from abuse, violence, neglect, discrimination.
- Compliance with UNCRC, Optional Protocols, ILO conventions, Geneva Conventions, CEDAW, and other international treaties.
- Respect children’s dignity and human rights.
- Prioritize best interest of children as victims.
- Prevent recruitment and use in armed conflict.
- Address root causes like poverty, injustice.
- Uphold State role in protection and ending impunity.
- Ensure children’s participation in rescue and reintegration.
Scope of Application
- Applies to all children involved, affected, or displaced by armed conflict.
- Does not affect legal status of parties to armed conflict.
Interpretation
- Does not preclude more favorable provisions from other laws and international instruments.
Definition of Terms
- Comprehensive terms defined including: abduction, gender-based violence, armed conflict, child, child protection, recruitment, grave child rights violations, and more.
- Clarifies inclusion of persons under 18 and persons with disabilities unable to protect themselves as children.
Children as Zones of Peace
- Children are declared Zones of Peace beyond geographic boundaries.
- Requires respect, nonviolence, and peace promotion by community, government, and religious leadership.
Rights of Children in Armed Conflict
- Rights to life, protection from abuse and recruitment, health, education, liberty, privacy, nondiscrimination, family unity, access to justice, and participation.
- Protection from grave violations including killing, torture, rape, maiming, and abduction.
Prevention
- State to take measures preventing recruitment, re-recruitment, displacement, and grave violations.
- Prioritize peace programs incorporating children’s concerns.
- Mainstream peace education and respect for human rights.
- Provide education, livelihood, health services.
- Ensure functional child protection mechanisms.
- Establish monitoring and response systems.
Prohibited Acts and Penalties
- Grave child rights violations including killing, torture, maiming, rape attract imprisonment and hefty fines (up to 20 years, fines up to 5 million pesos).
- Other violations such as abduction, recruitment, attacks on schools, food blockade attract imprisonment (6-20 years) and fines.
- Criminal penalties also for false reporting, hamleting, and wrongful detention.
- Parental accountability only where involvement is linked to parental action or supervision.
Non-implementation and Other Violations
- Public officers refusing or preventing implementation face imprisonment (6-12 years) and disqualification.
- Lesser negligence penalties and administrative liabilities also imposed.
Forfeiture and Nonprescription
- Forfeiture of assets derived from crimes.
- Crimes under the Act are imprescriptible.
Criminal Liability Principles
- Official capacity does not exempt from liability.
- Superiors liable if they knew or should have known of crimes and failed to act.
- Obedience to unlawful orders is not a defense unless conditions of duress, ignorance, and legal obligation apply.
Investigation and Prosecution
- Family Courts have exclusive jurisdiction.
- Training for officials on child rights and humanitarian law mandated.
Age Verification and Presumption of Minority
- Children enjoy presumption of minority unless proven 18 or older.
- Age determination based on documents or physical evidence, resolved in favor of the child.
- Courts to expedite age verification.
Protection of Victims and Witnesses
- Measures to protect safety, privacy, dignity, and psychological well-being.
- Confidentiality addressed particularly in sexual or gender-based violence cases.
Reparation to Victims
- Courts order restitution, compensation, and rehabilitation.
- All reparations must consider nature and extent of harm.
Immunity for Assistance Providers
- Persons providing custody or assistance to children involved in armed conflict are exempt from liability, provided timely reporting is done.
Rehabilitation and Reintegration
- State programs for rescue, rehabilitation, reintegration of children.
- Services include psychosocial support, health, education, livelihood.
- Respect for culture, family involvement, legal assistance, and security emphasized.
Release of Children Involved in Armed Conflict (CIAC)
- Guaranteed demobilization and formal release independent of peace negotiations.
- Child-specific release programs without requiring arms surrender.
- Data sharing, legal assistance, and advocacy for release implemented.
Treatment of Rescued or Surrendered CIAC
- Child-friendly treatment, confidentiality, and protection from media exposure.
- Immediate reporting to authorities and handover to social welfare within prescribed time.
- Medical assessment, family tracing, and reintegration support.
Inter-Agency Committee on Children in Situations of Armed Conflict (IAC-CSAC)
- Multi-agency committee with government bodies and civil society.
- Develops policies, guidelines, monitoring, training, and advocacy.
Monitoring and Reporting System
- Continuous data collection and reporting to President and Congress.
- Disaggregated data by sex, age, disability, ethnicity maintained.
Transitory Provisions
- Dismissal of criminal cases against children involved in armed conflict.
- Inventory submission of children in custody by various agencies.
- Retroactive benefit of this Act to convicted persons below 18 at offense time.
Appropriations
- Initial funding charged to current budgets; subsequent funding via General Appropriations Act.
Implementing Rules and Regulations
- CWC with member agencies and NGOs to promulgate rules within 90 days.
Congressional Oversight Committee
- Created committee for oversight including government and NGO representatives.
Suppletory Application
- Other laws including Penal Code, Child Welfare Code, Anti-Trafficking laws to apply suppletorily.
Separability, Repealing and Effectivity Clauses
- Invalid provisions do not affect the whole Act.
- Repeals inconsistent laws and orders.
- Effectivity 15 days after publication.