Section 12(d)

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Child labour Criminal liability Debt bondage Forced labour Health and safety Human trafficking Poor working conditions Slavery

Section 12(d) prohibits the worst forms of child labor, including slavery, forced labour including all forms of slavery and trafficking of children, debt bondage, serfdom, forced labor,and hazardous work.

Notes

Department Order No.65-04  at Section 5(a) clarifies that ‘slavery’ includes all forms of slavery, as defined by RA 9208 Anti-trafficking in Persons Act of 2003. Section 14 also prohibits the employment of child models in commercials or advertisements promoting alcoholic beverages, intoxicating drinks, tobacco and its by-products and violence.   The penalties for a breach of this section are provided by Section 16(b): a fine of between 100,000 to 1 million pesos; and/or imprisonment of between 1 and 20 years.

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Section 12(d) Prohibition Against Worst Forms of Child Labor.

No child shall be engaged in the worst forms of child labor. The phrase “”worst forms of child labor”” shall refer to any of the following:

(1) All forms of slavery, as defined under the “”Anti-trafficking in Persons Act of 2003″”, or practices similar to slavery such as sale and trafficking of children, debt bondage and serfdom and forced or compulsory labor, including recruitment of children for use in armed conflict; or

(2) The use, procuring, offering or exposing of a child for prostitution, for the production of pornography or for pornographic performances; or

(3) The use, procuring or offering of a child for illegal or illicit activities, including the production and trafficking of dangerous drugs and volatile substances prohibited under existing laws; or

(4) Work which, by its nature or the circumstances in which it is carried out, is hazardous or likely to be harmful to the health, safety or morals of children, such that it:

a) Debases, degrades or demeans the intrinsic worth and dignity of a child as a human being; or

b) Exposes the child to physical, emotional or sexual abuse, or is found to be highly stressful psychologically or may prejudice morals; or

c) Is performed underground, underwater or at dangerous heights; or

d) Involves the use of dangerous machinery, equipment and tools such as power- driven or explosive power-actuated tools; or

e) Exposes the child to physical danger such as, but not limited to the dangerous feats of balancing, physical strength or contortion, or which requires the manual transport of heavy loads; or

f) Is performed in an unhealthy environment exposing the child to hazardous working conditions, elements, substances, co-agents or processes involving ionizing, radiation, fire, flammable substances, noxious components and the like, or to extreme temperatures, noise levels, or vibrations; or

g) Is performed under particularly difficult conditions; or

h) Exposes the child to biological agents such as bacteria, fungi, viruses, protozoans, nematodes and other parasites; or

i) Involves the manufacture or handling of explosives and other pyrotechnic products.

Law / Philippines / Special Protection of Children Against Abuse, Exploitation and Discrimination Act (1992)

The Special Protection of Children Against Child Abuse, Exploitation and Discrimination Act expressly prohibits the worst forms of child labour, including all forms of slavery and trafficking of children, debt bondage, serfdom and forced labor. The Act further establishes the joint liability of the principal for the employment of children in the worst forms of child labour or in hazarduous work by a subcontractor, and determines a penalty of 12 to 20 years imprisonment or a fine ranging from 100,000 to 1 million pesos, or both. The Act was amended in 2003 by Republic Act No. 9231, Providing for the Elimination of the Worst Forms of Child Labor and Affording Stronger Protection for the Working Child, which mandates the Government to protect and remove children from the worst forms of child labor, including forced labor, child trafficking, prostitution, pornography and the use of a child for illicit activities.