Philippine Laws -Simplified | Free Legal Advice

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Children in Zones of Armed Conflict

Thursday, September 6, 2012

Under RA 7610, children are declared "Zones of Peace" in areas where armed conflict takes place. The following policies are laid down by RA 7610 in order to attain that objective:

1.) Children shall not be the object of attack and are entitled to special respect. They are to be protected from threats, assaults, torture or other cruel, inhumane or degrading treatment.

2.) Children shall not be recruited into the Armed Forces of the Philippines or its civilian units (CAFGU, etc.) or other armed groups (NPA, MILF, etc.) They also can't be allowed to take part in the fighting or to be used as guides, spies or couriers.

3.) Basic social services like education, primary health and emergency relief shall not be hampered.

4.) The safety of those who provide the services in #3 as well as those involved in fact-finding missions must be ensured, regardless of whether they're government or non-government. The can't be subjected to undue harassment in the performance of their work.

5.) Public infrastructure like schools, hospitals and rural health units can't be used for military purposes (command posts, barracks, detachments, supply depots, etc.)

6.) All appropriate steps should be taken to facilitate the reunion of families separated by armed conflict.

In areas of armed conflict, children are to be given priority in evacuation. Existing community organizations (like NGOs) will be tapped to ensure the safety of children in evacuation operation. Evacuated children are to be accompanied by persons responsible for their safety and well-being.

Members of the same family are to be housed in the same premises and accommodated separately from other families. Facilities are to be provided to ensure a normal family life. Expectant mothers in places of temporary shelter are to be given additional food in proportion to their physiological needs. If possible, children are to be given opportunities for physical exercise, sports and outdoor games.

In case a child is arrested for reasons related to armed conflict, either as a combatant, spy, courier or guide, he is entitled to the following rights:

1.) Separate detention from adults except where families are accommodated for family units
2.) Immediate free legal assistance
3.) Immediate notice of the arrest to the parents or guardians of the child
4.) To be released on recognizance within 24 hours to the custody of the DSWD or any responsible member of the community as determined by the court

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