The situation of child abuse, exploitation, and discrimination in Asia remain severe, and the extent of the problem in the Philippines is alarming. The study was conducted to assess the implementation of Child Abuse Act RA in Manila as a basis for policy advocacy. The data were gathered utilizing a validated self-constructed questionnaire which was supplemented by interview sessions.
Results showed that the implementing rules and regulations of RA are not totally enforced as assessed by the five groups of respondents composed of samples. Failure by the responsible person is an offence of child cruelty on the grounds of failing to protect the child in circumstances consistent with the provision of safe and effective care.
A parent, person with parental responsibility for a child, has an express liability, whoever is responsible for the child at the time s. Just as in employment health and safety, the powers of parenthood can be delegated but not the duties. Parents should make arrangements for suitable and properly informed others to have responsibility for their children see also s.
For the product to be safely consumed by a child means that the responsible person must fully understand the product's safe use for its intended purpose. Miss-selling in the law of contract, suggesting the product does something it doesn't or selling products to those that do not fully understand what they are getting is potentially hazardous to the child as the ultimate consumer. Health and medical treatment may involve some form of physical contact in which case lack of proper consent is a potential battery , or even assault, of the person. The procurer must be placed in a position to assess any potential risk to the child in the reliable use of the product.
Just as in all of life, the likely benefits of a procured product come with possible non-beneficial qualities. Procurement is a careful activity attempting to achieve the best value for money. The benefits of the product must be satisfactorily delivered as specified for performance in the law of contract.
Just as in food intolerances and consent to examination and treatment, the procurer must be made aware of any potential hazards in their circumstances of a product that performs reliably. Welfare defines the process by which proper consent or agreement is given when procuring products that will be beneficial and safe in the procurer's particular circumstances. If a child is the ultimate consumer of a procured product then the child's welfare health, safety and happiness is the paramount consideration when coming to the decision see s.
A balance must be struck between the obligations of the producer and the obligations of the procurer for the child's safe consumption of the product. The calculus of negligence is a legal approach, in the spirit of procurement efficiency, that attempts to strike that balance on economic grounds. This is most easily understood in terms of insurance liability. Should a car driver have a duty of care towards until cyclists at night or should the cyclist have a duty of care to properly illuminate his bicycle at night?
The costs of bicycle illumination are considerably less than the cost of driving with a duty of care to unlit cyclists. A parent must also procure obtain all necessary products, environments, accommodation, goods and services to be provided for the child's safe consumption. Failure to do so is, again, an offence of child cruelty under s. The outcome is a CAF Action Plan to safeguard and promote the child's welfare with the specified outcomes of the services that best serve the child's needs to be delivered under the terms of proper consent see 1.
Decisions made on all the necessary products: environments, accommodation, goods and services procured to be provided for the child's safe consumption must be in the best interests of the child. A child is a person, not an object of concern who simply lacks the capacity to give consent on her own behalf until Gillick Competent to do so.
Failure of the responsible person to so is an offence on the grounds of emotional neglect see, Part 2 B, 24, sentencing guidance, Overarching Principles: Overarching Principles: Assaults on children Assaults on children and Cruelty to a child ; and Introduction, Working Together to Safeguard Children HMG the governmental child protection guidance. Working Together to Safeguard Children extends mental capacity to parental capacity for a person with parental responsibility and the best interests consideration under s.
Just as in employment health and safety, these are the risks of the present care environment. There is both a business and social imperative to give all the opportunity for safely and satisfactorily consuming the offerings of producers. Some, may not have the capacity to be capable of giving proper consent or agreement for the products that best serve their needs to use those products safely.
In the case of parents, their children's needs to keep their children safe. This is called Legal Disability. Disability is the difference between capacity and capability. In the case of parents parental capacity of Working Together and parental capability of s. Disability is defined as a mental or physical impairment with and adverse effect on normal day-to-day activities.
A person without the use of their legs lacks the physical capacity to walk. They are not capable of carrying out the normal day-to-day activity of, say, shopping without some corrective measure such as a mobility scooter see s. Mental capacity is the ability to make decisions in a best interests determination on a particular issue so as to be mentally capable of giving proper consent or agreement.
Determining mental capacity requires the information on which the decision to be made to safeguard the person's welfare. A lack of mental capacity to process the information and make decisions is a legal disability leaving the person incapable of instructing a solicitor s. Physical and moral health refer to the faculties of the mind used in making decisions. Physical health is the mental capacity to understand the effects of matter and energy on both self and others.
That is, to understand how a person may be physically harmed which is called causality in the law of negligence. Moral health is the mental capacity to recognise the persons and environment that may be damaged by the acts and omissions in the law of negligence, the neighbour and neighbourhood. The offence of child cruelty under s. Again, the manner of the exposure endangers the child's physical and moral health as faculties of the mind. It means nothing more than setting a bad example in either behaviour towards others moral health or carelessness with potentially dangerous items, e.
Emotional health is firstly intellectual health, the capacity to reason based on the understandings of physical and moral health when making decisions so as not harm a neighbour or neighbourhood.
Parental Verbal Abuse: Culture-Specific Coping Behavior of College Students in the Philippines
It is secondly the competencies to engage in social relationships, personal or business, under the terms of proper consent or agreement following that reasoning and decision making. Thirdly, it is the likely capability of applying those competencies to take opportunities in the cause of growth and well-being and then to perform reliably. The Department of Health Introduction to the Children Act described new notion of parental responsibility as "the authorities conferred by parental responsibility exist only for raising the child to physical, emotional and moral health".
The child's physical and moral health are developed as physical development and behavioural moral development of physical and moral capacities; the child's emotional health is developed as intellectual development for the capacity to reason based on those understandings when making decisions; social development as the competencies to enter into social relationships, both personal and business; and emotional development of likely capability to take opportunities in the cause of growth and well-being and perform reliably see s.
Lady Elizabeth Butler Sloss made this oft quoted remark in her inquiry into the Cleveland child abuse scandal. As a medical discipline, child welfare under s. An animal is a possession whilst a child is a person and this distinction was a central intention of the Children Act Lord McKay also said when introducing the act, "The days when a child was regarded as a possession of his family, indeed to sue on their loss, are today buried forever ". The child is socially and emotionally developed, whilst he lacks capacity, by full involvement in the decision making process in his best interests until he becomes competent as Gillick Competent.
The Department of Work and Pensions disability assessment is a measure of physical and mental capacities under clinical or controlled conditions from occupational health in respect to employment performance. The test for disability is capability as "the mental or physical impairment with an adverse effect on day-to-day activities" as social performance. The assessment of capacity is used in a home based disability assessment under s. For a parent, a parental disability is the mental or physical impairment with the adverse effect on the day-to-day activity of giving the child the care it would be reasonable to expect a parent to give a similar child s.
Whatever their mental or physical impairments parents should be given the necessary disability support to care for their children to maintain a reasonable standard of health and development. For those with parental responsibility mental capacity to make decisions in own best interests is extended to parental capacity to make decisions in the best interests of the child by Working Together to Safeguard Children. The s. The services include advocacy services for advice and assistance in decision making when exercising the authorities of parental responsibility.
This was another clear intention of the act described in the Department of Health Introduction as " In the case a parent who is not capable of meeting the child's needs then the local authority can intervene with a court order under s. To do so they must meet the public law thresholds that the child is suffering, or likely to suffer, significant harm attributable to the care it would be reasonable to expect a parent to give, the same criteria as for parental disability support.
It is assumed that the parent has been given the necessary support for any parental disability under the terms of proper consent, that the welfare of the child has been safeguarded and the risk to the child is parental negligence. The test of parental negligence is, following Donoghue later called the Bolam Test , the same test as for professional negligence. If a care order is made the local authority acquires parental responsibility under s. These thresholds are highly controversial and poorly understood.
The UNCRC Art 19; Article 37 guarantees children's right to protection from abuse and cruel, inhuman or degrading treatment, which the Committee on the Rights of the Child has interpreted as prohibiting corporal punishment Lansford et al. There is variation in studies' findings on the scale of physical abuse in the Philippines. Other research finds physical abuse more prevalent in the Philippines in the form of parental discipline Runyan et al.
In an international study comparing six countries, Runyan et al. The same study found that all types of physical discipline are used by Filipino families; 9. Sanapo and Nakamura found that physical punishment is a common practice in the Philippines with They suggest that high rates of physical punishment in the household are related to Philippine law that allows for parents to physically punish their children.
In a study across nine countries, including the Philippines, the more parents believed corporal punishment to be normative technique to modify children's behaviours, the more likely it was used Lansford et al. While the ramifications of physical abuse of children in the Philippines is not explored in depth in the literature, Lansford et al. The extent and characteristics of child sexual abuse in the Philippines has been identified in the literature.
In Additionally, Maiquilla et al. Similarly, in a qualitative study that investigated the experiences of sexual abuse among girls with intellectual disabilities, it found that most of the perpetrators were familiar people and that detection of abuse came from caregivers Terol Risk factors for child sexual abuse for these girls included low economic status and impoverished conditions, living in crowded urban communities, as well as their mental retardation Terol Highlighting the social and health ramifications for participants who had been sexually abused as children, they were 12 times more likely to engage in early sex, nine times more likely to have an early pregnancy and five times more likely to attempt to commit suicide than those not sexually abused as children Ramiro et al.
There is limited analysis of child protection policies across the literature reviewed, and there is no comprehensive outline of child protection policies or systems in the Philippines. However, Madrid et al. Further, despite laws related to children's protection and rights, they remain largely unfunded Madrid et al.
Terol provides a brief critique of the way in which the health sector in the Philippines responds to child protection issues via multidisciplinary Child Protection Units CPUs. However, CPUs typically operate in isolation in addressing cases of child sexual abuse Terol For example, Ramiro et al. They also propose that communities could be supported via home visits of health workers and social workers, as well as community support groups and media messaging Ramiro et al. Mandal and Hindin recommend that child maltreatment interventions should focus on the whole of family to reduce intergenerational transmission of family violence.
Terol suggests that protective services for women and children need to be strengthened, while Ladion advocates for spirituality as an impetus for recovery for survivors of child sexual abuse. More specifically, in the criminal justice context, Sana et al. The findings of some studies included in this review offer some important considerations for future child protection responses. They found that as the number of adverse childhood exposures increases, suicide attempts, use of illicit drugs and engaging in sexually risky behaviours become more prevalent Ramiro et al.
This systematic review of the research literature was conducted to ascertain the dimensions and extent of child maltreatment and to investigate what is known about child protection responses in the Philippines. From a database search finding articles, 31 were identified as meeting the search criteria.
Much more than documents.
The literature provides evidence of all four domains of child maltreatment Ramiro et al. While the research varies on the extent and significance, physical violence is commonplace among families. Children experience harsh physical disciplining and corporal punishment, a common cultural and legally accepted practice in the family home Runyan et al. For example, in Lansford et al. For example, across six countries, child discipline in the form of spanking is highest in the Philippines at a rate of 76 per cent among participants Runyan et al.
Lee details that alcohol and drug use is a frequent element in family violence in the Philippines. This review has found limited evidence for experiences of neglect because it is a multifarious and socially constructed concept, and hard to measure in the context of developing countries, where experiences of poverty can influence family's capacities to meet the primary needs of children. Despite this, Ramiro et al.
The literature reviewed also provided limited evidence of child sexual abuse, a surprising result given that a report by ECPAT International finds that the commercial sexual exploitation of children is a substantial problem in the Philippines. It is clear that child sexual abuse requires further investigation in the Philippines. There are limited empirical investigations or assessments of governmental child protection policy, or approaches to child protection within and by organisations, institutions and communities in the Philippines.
In addition, while residential care is a central response to child protection, its extent, outcomes or practices are largely ignored by the literature, as are the experiences of children in this type of care. This represents a major shortcoming of research. The literature does however provide small insights into specific responses. However, CPUs provide a disjointed service Terol and policies and laws relating to child protection suffer from poor monitoring and implementation at the local level Ramiro et al. Some of this literature provides suggestions to address shortcomings in preventing and responding to child maltreatment.
More broadly, Ramiro et al. While research on child protection in prosperous countries has moved to program evaluation, risk assessment and intervention Lachman et al. Research into the complex arrangements of child sexual abuse and exploitation is missing, along with research that investigates the complex arrangements of neglect, and the extensive use of institutional care as a child protection response.
This review has also revealed limited analysis of legislation and policy and a lack of meaningful involvement of children in research. This is important to note as children have emerged over the past few decades as rights holders, and conceptualised as competent social actors with valuable perspectives and knowledge Corsaro ; Qvortrup ; Mayall Studies that do not directly engage children in research may fail to understand young people's lived experiences of maltreatment, nor appreciate some of the impacts and challenges that may not been observed by adults, impacting negatively on policy development Salveron et al.
AIFS Secondary links
The contributions of the grey literature are not part of the systematic review. It does not include possible research conducted in a language other than English.
Because of their age, the contemporary relevance of some of the articles in this review is questionable. Child maltreatment is not a neat or universal concept, but one that incorporates contextual and multiple definitions, operationalised in differing research fields and for differing research purposes.
While they all fit within the broader WHO definition of child maltreatment, this review uncovers a diverse approach to understanding and interpreting child maltreatment. The literature exploring child maltreatment is predominantly epidemiological in nature, concerned with enumerating child maltreatment among children, rather than directly investigating the experiences of child maltreatment.
It has established that multiple types of child maltreatment are prevalent in the Philippines and provides evidence that they impact negatively on the wellbeing of children at the time of maltreatment and later as adults. This research, however, does not investigate broader, structural, social and cultural influences on child maltreatment.
The contexts of child maltreatment outside the home, particularly in institutions, are severely under researched. This is particularly the case for sexual and physical abuse that can occur in a variety of contexts. Significantly, there is a dearth of policy analysis in the literature reviewed. The appraisal of policy approaches and evaluation of programmatic responses to child maltreatment is highly limited and, as this review suggests, should form an important part of further research in this area.
These findings provide new understandings for literature on child protection policy, approaches and Filipino policymaking and can assist the development of future child protection policy development in the Philippines. Cultural context is important in understanding children's interpretations of their parents' behaviour. Qualitative — court proceeding observations and interviews with key informants judges, clerks, social workers, child witnesses, guardians, lawyers. Number not provided. Volume 4 , Issue 1. The full text of this article hosted at iucr.
If you do not receive an email within 10 minutes, your email address may not be registered, and you may need to create a new Wiley Online Library account. If the address matches an existing account you will receive an email with instructions to retrieve your username. Original Article Open Access. Steven Roche Corresponding Author E-mail address: steven.
Tools Request permission Export citation Add to favorites Track citation. Share Give access Share full text access. Share full text access. Please review our Terms and Conditions of Use and check box below to share full-text version of article. Abstract To gain a better understanding of the dimensions, characteristics and phenomenon of child maltreatment and its policy responses in the Philippines, this article provides a systematic review of the peer reviewed literature.
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Child abuse: A classic case report with literature review
Ansara and Hindin Perpetration of intimate partner aggression by men and women in the Philippines Journal of Interpersonal Violence 1. Physical abuse and neglect The three worst forms of child under 18 labour; slavery, prostitution, illicit activities and work that is harmful to health. Child labour Survey, focus groups, observation firms and child workers Abuse, exploitation and the maltreatment of child workers was common among participants.
Estrellado and Loh Factors associated with battered Filipino women's decision to stay in or leave an abusive relationship. Journal of Interpersonal Violence 1. Exposure to family violence Intimate partner violence defined as any form of abuse perpetrated against a person by an intimate partner or spouse.
Home Qualitative interviews 40 female victims of domestic violence Reveals the factors that influence women's decisions to leave or to stay with abusive partners. Fehringer and Hindin Like parent, like child: Intergenerational transmission of partner violence in Cebu, the Philippines Journal of Adolescent Health 3. Exposure to family violence Violence perpetrated by a partner includes: throwing something, pushing, grabbing or shoving, hitting with or without an object, and medical attention required.
Home Analysis of survey data from the Cebu longitudinal health and nutrition survey in Cebu. Figer Looking through the eyes of the child: The phenomenon of child verbal abuse in the Philippines Relational Child and Youth Care Practice NA Childhood studies How children understand and experience verbal abuse from their parents Exposure to family violence Verbal abuse includes; cursing, insulting and disparaging remarks Home Qualitative interviews Ten children aged eight to ten Children in the study experience emotional and psychological effects from verbal abuse.
Gunn and Ostos Dilemmas in tackling child labour: The case of scavenger children in the Philippines International Labour Review 0. An effective program requires research, protection, rehabilitation and long term policy. Hassan et al.
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Injury Control and Safety Prevention 0. Intimate partner violence was common in all communities investigated. Hindin Family dynamics, gender differences and educational attainment in Filipino adolescents Journal of Adolescence 1. Close relationships between children and parents assist educational attainment. Hindin and Gultiano Associations between witnessing parental domestic violence and experiencing depressive symptoms in Filipino adolescents American Journal of Public Health 4. Jeyaseelan et al. Risk factors for intimate partner violence include alcohol consumption of partner, past witnessing of father beating mother, and poor family work status.
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Domestic violence is widespread. Ladion Kiss of heaven: Recovering from the trauma of child sexual abuse among evangelical Christians Philippine Journal of Psychology NA Psychology How evangelical Christian faith can assist survivors of child sexual abuse Sexual abuse Child abuse constitutes: any person below 18 years old on whom the employment, use, persuasion, inducement, enticement or coercion to engage in, or assist another person to engage in, sexual intercourse, or lascivious conduct or the molestation, prostitution, or incest. Home and community Case studies, interviews and focus groups Nine women sexual abuse survivors Spirituality can be an impetus for recovery from child sexual abuse.
International Journal of Behavioural Development 1. Physical abuse and emotional maltreatment Not defined Home Survey child mother dyads. Development and Psychopathology 3. Verbal abuse was also included. Home Focus groups 58 men Domestic violence experienced and perpetrated by all participants, most commonly verbal and physical abuse between men and women and against children. Loh et al. Emotional maltreatment Psychological maltreatment is a repeated pattern of caregiver behaviours of extreme incidents that convey to a child that they are worthless, flawed, unloved, endangered, or only of value in meeting someone else's needs , p2.
Home Open ended questionnaire 30 high school students, 30 parents, and 28 counsellors. Outlines nine categories of parental verbal abuse. Madrid et al Child maltreatment prevention in the Philippines: A situationer. Acta Medical Philippina NA. Health science. An overview of child maltreatment prevention in the Philippines.
All types of child maltreatment. Not provided. Qualitative interviews and focus groups. Health workers, social workers, teachers, parents and government officials. Recommends greater data collection in relation to child maltreatment, the utilisation of evidence —based programs, and information dissemination. Maiquilla et al. International Journal of Legal Medicine 2.