November 20, 2009

THE CHR CONGRATULATES THE GOVERNMENT FOR THE PASSAGE OF THE ANTI-CHILD PORNOGRAPHY LAW

Quezon City – The Commission on Human Rights (CHR) congratulates the Philippine Congress and the President for the passage and signing, respectively, of Republic Act No. 9775, or the Anti-Child Pornography Law. Recent developments in technology have made it much easier for predators to victimize our children. Finally, we have a law which offers our children the additional protection that they require.

The enactment of this law is an important step in the right direction for the Philippine government. Its passage is mandated by a number of international human rights law treaties to which we are a party, namely, the U.N. Convention on the Rights of the Child (CRC), and the Optional Protocol to the CRC on the Sale of Children, Child Prostitution and Child Pornography.

These international human rights treaties, which we ratified in 1990 and 2002 respectively, require the government to undertake all appropriate legislative, administrative, social, educational and other measures, in order to implement the human rights of children. The Anti-Child Pornography Law forms a critical part of compliance with this obligation, as it helps to protect the rights of children, to be free from physical or mental violence, injury or abuse, maltreatment or exploitation, including sexual abuse.

“The passage of the Anti-Child Pornography Law will help to ensure that the rights of children, contained in international human rights law, will find strengthened application at the national level. This law will help to close existing gaps, and cover existing loopholes in child protection. And since it has teeth, it has the potential to more effectively deter any would-be child predators, depending on how well it is implemented” said Chairperson Leila M. De Lima.

In a CHR Advisory issued earlier this year (CHR IV-A2009-002), we stated that an ideal law should provide the victim, as well as the victims’s family, access to services aimed at healing the wounds of exploitation. We are, therefore, pleased to note that the enacted law provides for mandatory services such as shelter, counseling, free legal, medical and psychological services, as well as educational assistance.

In relation to the passage of this law, and in keeping with its mandate as found in the Constitution, the CHR will continue to work to ensure that the status, rights and interests of children, as found in national and international human rights law, are respected, protected and promoted.

“The CHR occupies a fairly unique position, as a conduit between the government and non-governmental organizations, as well as between domestic and international bodies and institutions.

“We stand ready to participate in any effort to more effectively implement the Anti-Child Pornography Law, to harmonize existing laws relating to the welfare of children, and to craft a centralized National Policy on Children, so that all government programs and policies, across all agencies, will be in keeping with the best interests of the child, and the human rights of children” said Chairperson De Lima.

The CHR has a Child Rights Center (CRC) which significantly focuses on issues and concerns affecting the human rights of children. Commissioner Ma. Victoria V. Cardona is the Focal Commissioner for CRC.

Article 19, Convention on the Rights of the Child, G.A. res. 44/25, annex, 44 U.N. GAOR Supp. (No. 49) at 167, U.N. Doc. A/44/49 (1989), entered into force Sept. 2 1990; Article 9, Optional Protocol to the Convention on the Rights of the Child on the sale of children, child prostitution and child pornography, G.A. Res. 54/263, Annex II, 54 U.N. GAOR Supp. (No. 49) at 6, U.N. Doc. A/54/49, Vol. III (2000), entered into force January 18, 2002.