Query: When is a child considered to be in harm or at risk of harm if they live with a person of bad influence in the Philippines?
In the Philippines, child protection laws are stringently framed to safeguard children from harm, including exposure to negative or harmful influences. Under the "Special Protection of Children Against Abuse, Exploitation and Discrimination Act" (Republic Act No. 7610), a child is considered to be at risk or in harm when their well-being, physical or mental health is jeopardized by their circumstances.
Criteria for Determining Harm or Risk:
Environmental Influence: A child living with or being under the custody of a person known for involvement in activities deemed illegal or morally reprehensible can be considered to be at risk. This includes, but is not limited to, substance abuse, involvement in criminal activities, or association with criminal groups.
Behavioral Impact on the Child: If the child exhibits significant behavioral changes such as aggression, withdrawal, anxiety, or other signs of psychological distress potentially stemming from their living conditions or the influences around them.
Direct Exposure to Harmful Activities: Situations where the child is directly involved in unlawful activities or is being used to facilitate such activities. This also encompasses scenarios where the child’s basic rights to education, health, and safety are compromised due to the influence of the person they are living with.
Legal Mechanisms and Response: The Department of Social Welfare and Development (DSWD) along with local barangay councils play pivotal roles in child protection. Upon suspicion or evidence of a child being at risk:
- Barangay Child Protection Councils can intervene to assess the situation and implement immediate protective measures. They are tasked with monitoring children’s situations and coordinating with appropriate agencies.
- Rescue Operations: Authorized personnel may conduct rescue operations to remove the child from the harmful environment following the legal protocols established for child protection.
- Legal Action: Legal proceedings can be initiated against those responsible for exposing the child to harm or failing to fulfill their duties in protecting the child.
Preventive Measures and Education:
- Awareness Programs: Ongoing community education and awareness programs help in identifying and preventing situations where children might be exposed to harmful influences.
- Parental Guidance and Support: Programs designed to support and educate parents about the consequences of exposure to negative influences and the importance of providing a safe and nurturing environment for children.
Conclusion: Child protection in the Philippines is a critical concern addressed through comprehensive legislation and active involvement of various governmental and non-governmental bodies. Identifying children at risk due to negative influences involves careful observation of their environment, behavior, and the overall impact on their well-being. Prompt action in coordination with local and national authorities ensures that children are removed from harmful influences and are provided with the necessary support and care.