Asis, Krizzia Franchesca B.

Cabuhal, Herald Jayne M.

Children’s Right Law

Article 19 of the CRC provides that state parties should take protective
measures to protect the child from all forms of physical or mental violence,
injury or abuse, neglect or negligent treatment, maltreatment or exploitation,
including sexual abuse, while in the care of parent(s), legal guardian(s) or any
other person who has the care of the child.

Children in Prostitution under Republic Act No. 7610 Sec. 5 refers to

children under the age of 181 whether male or female, who for money, profit,
or any other consideration or due to the coercion or influence of any adult,
syndicate, or group, indulge in sexual intercourse or lascivious conduct. The
same law provides for hefty penalties for perpetrators. It also provided for
comprehensive program against child prostitution.

In our country, child prostitution is rampant. Based on the country’s

social welfare department, there are at least 60,000 to 600,000 Filipino street
children who are prostituted annually. According to UNICEF, we rank as the
fourth nation with the most number of prostituted children. One of the effects is
prostituted children can easily contract STDs because of their sensitive and
delicate biological systems. Another danger is the threat to their lives if and
when they decide to quit the trade.2

True enough that numbers do not lie. While the national government is
aware of the increasing number of children involved in prostitution,
implementation remains to be scarce. One of the general recommendations of
the CRC provides States Parties and other stakeholders with a basis on which
to develop a coordinating framework for eliminating violence through
comprehensive child rights-based caregiving. Although R.A. 7610 specified
the formulation of a comprehensive program, its implementation lacks
adequacy. Prostitution is commonly organized by international syndicates and
offenders are usually protected by politicians and police. The law against child

1
UN CRC/Convention 182
2
EPCAT 1994
prostitution is a calm loophole since millions of money is involved coupled with
the feebleness of our justice system.

Moreover, as a stronger deterrence, it is humbly suggested that the

fines provided for in RA 7610 which are imputed on the offender must be
increased because such law was enacted on 1992, which is more than two
decades ago. Thus, the onerosity of the penalty has been considerably
decreased in today’s setting, resulting in the seeming laxity of the law against
the convicts of such unspeakable crime.

Finally, general recommendation no. 13 requires state parties to stretch

adequate budget allocations for the implementation of legislation. However,
budget allocation for execution of the legislation often ends up in corruption.
Our country is faced with the challenge of developing and utilizing safe and
appropriate placement options for youth survivors. With far more survivors
than available therapeutic homes or facilities, states may depend on detention
centres to hold victims until alternative placements are identified, if ever.

In sum, there are numerous factors that contribute to the seemingly

slow and failing enforcement of the international law in the domestic setting in
terms of prevention and controlling the cases of child prostitution. Aside from
the apparent reason of lack of budget, even though efforts were exerted in the
enactment of laws in pursuance to international standards, the deficiency in
updates and revisions in the law also serve as hindrances to the effective
implementation and domestication of international laws. Also, in connection to
the remiss in updating the law, the overwhelming advancement in the
technology becomes one of the biggest loopholes in our laws. Some of the
apparatus used in the commission of child prostitution are unknown to many,
especially in a third world country like the Philippines. Thus, the failure to
completely cover the ever-changing and ever-advancing schemes of child
prostitution.