Philippine Guidelines on Human Rights Standards for

the Trafficked Child

Who is the Child?Who is the Child?

A child is any person under eighteen (18) years of age or A child is any person under eighteen (18) years of age or one who is over eighteen (18) but is unable to fully take one who is over eighteen (18) but is unable to fully take care of or protect himself/herself from abuse, neglect, care of or protect himself/herself from abuse, neglect, cruelty, exploitation or discrimination because of physical cruelty, exploitation or discrimination because of physical or mental disability or condition.or mental disability or condition.

What is Child Trafficking?What is Child Trafficking?

Child trafficking is the:Child trafficking is the:Recruitment, transportation, transfer, Recruitment, transportation, transfer,

harbouring or receipt of a child harbouring or receipt of a child use in illicit or illegal activities use in illicit or illegal activities

participation in armed conflict participation in armed conflict adoption adoption marriage that ends in the exploitation marriage that ends in the exploitation

of the childof the child

for the purpose offor the purpose of exploitation, within or outside a country, exploitation, within or outside a country, child prostitution, child prostitution, child pornography and other forms of child pornography and other forms of

sexual exploitation sexual exploitation

child labour, child labour, forced labour or services, forced labour or services, slavery or practices similar to slavery or practices similar to

slavery,slavery, servitude, servitude, removal and sale of organsremoval and sale of organs

What is a Trafficked Child EntitledWhat is a Trafficked Child EntitledTo?To?

A trafficked child has the right to full respect and exercise A trafficked child has the right to full respect and exercise of his/her survival, protection and participation, as of his/her survival, protection and participation, as recognized under the Convention on the Rights of the Child. recognized under the Convention on the Rights of the Child. The best interests of the child shall be the primary The best interests of the child shall be the primary consideration in all actions concerning a trafficked child.consideration in all actions concerning a trafficked child.

““Best interests” of the child means…Best interests” of the child means…

The totality of the circumstances and conditions most The totality of the circumstances and conditions most favourable to the survival, protection and feelings of favourable to the survival, protection and feelings of security of the child, and are most encouraging to his/her security of the child, and are most encouraging to his/her physical and emotional development. It also means finding physical and emotional development. It also means finding and adopting the least detrimental alternative for protecting and adopting the least detrimental alternative for protecting and supporting the child.and supporting the child.

A trafficked child has rights, tooA trafficked child has rights, too

Right to Non-discriminationRight to Non-discrimination

a trafficked child has the right to the same protection and a trafficked child has the right to the same protection and the rights in the country or place of origin, transit and the rights in the country or place of origin, transit and destination regardless of status, nationality, race, color, destination regardless of status, nationality, race, color, gender, language and cultural ethnic and religious gender, language and cultural ethnic and religious beliefs.beliefs.

o A trafficked child can and should be A trafficked child can and should be allowed to freely express his/her views in allowed to freely express his/her views in all matters affecting him or her. all matters affecting him or her.

Right to self-expressionRight to self-expression

Right to InformationRight to Information

A trafficked child has to have access to information A trafficked child has to have access to information about all matters affecting him or her.about all matters affecting him or her.

Right to ConfidentialityRight to Confidentiality

The privacy and identity of the trafficked child shall The privacy and identity of the trafficked child shall always be protected.always be protected.

Respect for the Child’s Ethnic, Respect for the Child’s Ethnic, Cultural and Faith or Religious Cultural and Faith or Religious

IdentityIdentity

Measures shall be undertaken to have Measures shall be undertaken to have an enabling environment for the an enabling environment for the practice or exercise of the child’s practice or exercise of the child’s ethnic, cultural and religious beliefs.ethnic, cultural and religious beliefs.

Responsibility of the StateResponsibility of the State

Take positive action to combat child Take positive action to combat child trafficking and protect and assist trafficked trafficking and protect and assist trafficked childrenchildren

Put in place appropriate legislative, judicial Put in place appropriate legislative, judicial and other measures to protect and assist and other measures to protect and assist trafficked childrentrafficked children

Allocate the necessary annual budget to Allocate the necessary annual budget to ensure support for trafficked children to ensure support for trafficked children to protect them from traffickers’ reprisal and protect them from traffickers’ reprisal and their access to health/psychosocial their access to health/psychosocial supportsupport

Provide necessary resources to implement Provide necessary resources to implement capacity building programs for service capacity building programs for service providers and launch public information providers and launch public information campaigns.campaigns.

Take pro-active measures to protect service Take pro-active measures to protect service providers.providers.

Establish practicable measures to protect Establish practicable measures to protect children during and after emergency children during and after emergency situations that increase their vulnerability.situations that increase their vulnerability.

Exert effort to enter into extradition treaties Exert effort to enter into extradition treaties and other bilateral or multilateral and other bilateral or multilateral agreements to enhance prevention of agreements to enhance prevention of trafficking and protection of trafficked trafficking and protection of trafficked children.children.

Specific guidelinesSpecific guidelines

Upon identification of a trafficked child or even possibly trafficked Upon identification of a trafficked child or even possibly trafficked child, any person should immediately contact the:child, any person should immediately contact the: Department of Social Welfare and Development (including any of Department of Social Welfare and Development (including any of

its office in your local area);its office in your local area); Non-government Organization (NGO) licensed or accredited by Non-government Organization (NGO) licensed or accredited by

the DSWD to assist a trafficked child;the DSWD to assist a trafficked child; Parents or guardian of the child.Parents or guardian of the child.

Determine whether the person is a Determine whether the person is a child through the following:child through the following:

His/her birth documentsHis/her birth documents Biometric dataBiometric data Baptismal certificateBaptismal certificate Identification cards (including school ID)Identification cards (including school ID) School records, medical or dental records acquired School records, medical or dental records acquired

with the child’s consentwith the child’s consent A statement from the person affirming he/she is a A statement from the person affirming he/she is a

childchild Physical appearance Physical appearance

Other legally recognized documents attesting Other legally recognized documents attesting to the birth or age of the trafficked person, to the birth or age of the trafficked person, including documentation of cultural or including documentation of cultural or religious practice reflecting his/her agereligious practice reflecting his/her age

If the age of the person can’t be verified If the age of the person can’t be verified immediately, he/she shall be considered a immediately, he/she shall be considered a child and given special protection stated in the child and given special protection stated in the Philippine GuidelinesPhilippine Guidelines

Specific guidelines on initial Specific guidelines on initial contact/actioncontact/action

Always ensure that the right to privacy of the trafficked child is Always ensure that the right to privacy of the trafficked child is protected; there should always be caution against media exposure and protected; there should always be caution against media exposure and interviews.interviews.

To ensure his/her security, the trafficked child whereabouts should be To ensure his/her security, the trafficked child whereabouts should be kept confidential.kept confidential.

Immediately removed the trafficked child from the place where he/she Immediately removed the trafficked child from the place where he/she has been found and bring him/her to a safe location, preferably with a has been found and bring him/her to a safe location, preferably with a social worker.social worker.

The police station or detention center is not the safe place The police station or detention center is not the safe place for the child.for the child.

At no time should the trafficked child be placed in the same At no time should the trafficked child be placed in the same room or in direct contact with the suspected traffickers.room or in direct contact with the suspected traffickers.

The law enforcement officer should assist the trafficked The law enforcement officer should assist the trafficked child in retrieving his/her personal belongingschild in retrieving his/her personal belongings

Conducting an interview with the Conducting an interview with the trafficked childtrafficked child

A law enforcer interviewing a trafficked child has to ensure that the A law enforcer interviewing a trafficked child has to ensure that the following special protection measures are given to the child:following special protection measures are given to the child:

Conduct the interview in a language easily understood by the Conduct the interview in a language easily understood by the child;child;

Provide a qualified interpreter/translator if the child needs one;Provide a qualified interpreter/translator if the child needs one; Talk to the child in the presence of a social worker, Talk to the child in the presence of a social worker,

parent/guardian or trusted adult he/she chose;parent/guardian or trusted adult he/she chose;

During the interview, the child should be in a child-friendly During the interview, the child should be in a child-friendly environment and his/her privacy should at all times be respected;environment and his/her privacy should at all times be respected;

If a video camera or tape recorder will be used, the trafficked If a video camera or tape recorder will be used, the trafficked child, his/her parent/guardian or social worker should have agreed; child, his/her parent/guardian or social worker should have agreed; andand

When the interview is over, the child has to be immediately turned When the interview is over, the child has to be immediately turned over to the custody of the parent/guardian, social worker or over to the custody of the parent/guardian, social worker or accredited NGO.accredited NGO.

Providing interim care and support Providing interim care and support to trafficked childto trafficked child

Healing and recovery are the primary objective of this interim care.Healing and recovery are the primary objective of this interim care. Immediate counselling and psycho-social services should be made Immediate counselling and psycho-social services should be made

available.available. Additional support such as legal aid and trainings in vocational skills Additional support such as legal aid and trainings in vocational skills

and other forms of education should be provided.and other forms of education should be provided. The trafficked child and his/her family should have access to The trafficked child and his/her family should have access to

appropriate services provided by mandated and relevant government appropriate services provided by mandated and relevant government agencies. agencies.

Trafficked children with special needs, Trafficked children with special needs, such as pregnant children, children with such as pregnant children, children with disabilities and those with mental or disabilities and those with mental or health concerns should receive protection health concerns should receive protection and assistance appropriate for their and assistance appropriate for their conditions.conditions.

What is a safe environment for the What is a safe environment for the trafficked childtrafficked child

A trafficked child should not be placed in detention centers, prison A trafficked child should not be placed in detention centers, prison cells or other detention facilities for children/adults, including within cells or other detention facilities for children/adults, including within military bases. He/ she should not be in the private custody of law military bases. He/ she should not be in the private custody of law enforcement authorities.enforcement authorities.

A shelter, home, or crisis centers should:A shelter, home, or crisis centers should: Not resemble jails or serve as detention centers;Not resemble jails or serve as detention centers;

Improve facilities to suit the trafficked child’s needs;Improve facilities to suit the trafficked child’s needs; Have well-trained, competent staff, including social Have well-trained, competent staff, including social

workers trained in case management and the running of workers trained in case management and the running of facilities for children; andfacilities for children; and

Consider the gender of the staff vis-a-vis the needs and Consider the gender of the staff vis-a-vis the needs and condition of the trafficked child.condition of the trafficked child.

Trafficked children who are not residents or Trafficked children who are not residents or national of the Philippines are also entitled to national of the Philippines are also entitled to

interim care and protectioninterim care and protection

They are not to be treated as illegal migrants.They are not to be treated as illegal migrants. If they do not have legal documentation, they will be If they do not have legal documentation, they will be

assisted by pertinent government agencies to immediately assisted by pertinent government agencies to immediately secure legal status.secure legal status.

Examples of these legal documents are Examples of these legal documents are temporary visa and other visa arrangements.temporary visa and other visa arrangements.

They are to be exempted from all government They are to be exempted from all government fees and charges normally required in fees and charges normally required in obtaining legal statusobtaining legal status

Filipino children trafficked abroad Filipino children trafficked abroad should also receive care and supportshould also receive care and support

In the case of children born abroad to trafficked Filipinos, the In the case of children born abroad to trafficked Filipinos, the Department of Foreign affairs (DFA) will facilitate the issuance of the Department of Foreign affairs (DFA) will facilitate the issuance of the children’s certificate of birth registration. It shall also negotiate with children’s certificate of birth registration. It shall also negotiate with the host country for the regularization of stay of the trafficked the host country for the regularization of stay of the trafficked children and obtain highest possible level of protection for them.children and obtain highest possible level of protection for them.

For a trafficked child in the Philippines who is not a For a trafficked child in the Philippines who is not a resident/national….resident/national….

The DFA will inform the nearest embassy/consulate of the The DFA will inform the nearest embassy/consulate of the trafficked child’s country of origin about the child’s trafficked child’s country of origin about the child’s situation unless he/she wants to claim refugee status in the situation unless he/she wants to claim refugee status in the Philippines.Philippines.

The trafficked child of foreign citizenship is entitled to The trafficked child of foreign citizenship is entitled to appropriate services and other types of assistance from the appropriate services and other types of assistance from the DSWD DSWD

Whenever possible, the country or origin of the Whenever possible, the country or origin of the trafficked child of foreign citizenship will cover the trafficked child of foreign citizenship will cover the costs of repatriation from the Philippines. If it is not costs of repatriation from the Philippines. If it is not financially possible for the country of origin, the financially possible for the country of origin, the Philippines with assistance from international Philippines with assistance from international organizations shall provide assistance.organizations shall provide assistance.

For a Filipino trafficked child in For a Filipino trafficked child in another country…another country…

In coordination with the DfA, the Philippine embassy or In coordination with the DfA, the Philippine embassy or consulate in the country where the Filipino trafficked child is consulate in the country where the Filipino trafficked child is found will facilitate the immediate repatriation of said child.found will facilitate the immediate repatriation of said child.

If it were in the best interest of the child to be returned to the If it were in the best interest of the child to be returned to the Philippines, the embassy or consulate shall immediately Philippines, the embassy or consulate shall immediately provide child travel documents and work with the DSWD for provide child travel documents and work with the DSWD for his/her safe return to the country.his/her safe return to the country.

But if repatriating him/her will put the child at But if repatriating him/her will put the child at greater risk, the DFA shall negotiate with the greater risk, the DFA shall negotiate with the host government for extension of residence host government for extension of residence permits for the child, or the Philippine permits for the child, or the Philippine embassy/consulate will provide the child with embassy/consulate will provide the child with temporary shelter and the assistance he/she temporary shelter and the assistance he/she needs.needs.

It is the continuing responsibility of the It is the continuing responsibility of the Philippine embassy/consulate in the country Philippine embassy/consulate in the country where the Filipino trafficked child is found to where the Filipino trafficked child is found to monitor his/her condition and status, until he/she monitor his/her condition and status, until he/she gets repatriatedgets repatriated

Managing the case of a trafficked Managing the case of a trafficked child child

Case assessment is handled by a social worker Case assessment is handled by a social worker with intensive training in child protection.with intensive training in child protection.

A multi-disciplinary team oversees the A multi-disciplinary team oversees the development of the management intervention development of the management intervention plan for each child. This same team ensures plan for each child. This same team ensures the implementation of the plan.the implementation of the plan.

This plan considers the preservation and This plan considers the preservation and integrity of the trafficked child’s ethnic, integrity of the trafficked child’s ethnic, cultural, faith-based and religious identity.cultural, faith-based and religious identity.

If it were in the child’s best interests, reuniting If it were in the child’s best interests, reuniting him/her with the family in his/her country or place him/her with the family in his/her country or place of origin becomes an important task of the social of origin becomes an important task of the social worker handling the case.worker handling the case.

In the case of cross-border trafficking, the embassy In the case of cross-border trafficking, the embassy or consulate in the Philippines of the trafficked child or consulate in the Philippines of the trafficked child with foreign nationality will be contacted unless the with foreign nationality will be contacted unless the child claims refugee status.child claims refugee status.

To ensure the long-term safety of the trafficked To ensure the long-term safety of the trafficked child, continuous risk management should be put in child, continuous risk management should be put in place.place.

Access to justiceAccess to justice

What to Do During Criminal What to Do During Criminal Proceedings Proceedings

Fully inform the trafficked child at all Fully inform the trafficked child at all times of the risks as well as advantages times of the risks as well as advantages associated with a criminal proceedings; associated with a criminal proceedings; this must be done in a language he/she this must be done in a language he/she understands.understands.

Give the child the time he/she needs in deciding Give the child the time he/she needs in deciding whether to cooperate or not; when he/she decides whether to cooperate or not; when he/she decides to do so, get his/her statement in the soonest to do so, get his/her statement in the soonest possible time.possible time.

Important information shall be given to the child Important information shall be given to the child that the suspect, arrested without warrant, may be that the suspect, arrested without warrant, may be allowed to go without his/her statement, but this allowed to go without his/her statement, but this should not be used to coerce the child to talk if should not be used to coerce the child to talk if she/he is not ready she/he is not ready

Other Guidelines During Criminal Other Guidelines During Criminal Proceedings Proceedings

The lack of statement from the child victim The lack of statement from the child victim should not prevent the law enforcers from should not prevent the law enforcers from continuing with its investigation, surveillance continuing with its investigation, surveillance and evidence gathering.and evidence gathering.

The filing of case should not be a hindrance to The filing of case should not be a hindrance to the child’s reunification with his/her family.the child’s reunification with his/her family.

At all stages of the criminal proceedings , the At all stages of the criminal proceedings , the trafficked child should be provided with free trafficked child should be provided with free and competent legal representation. The DOJ and competent legal representation. The DOJ shall establish mechanism for this kind of shall establish mechanism for this kind of support in cooperation with the Commission support in cooperation with the Commission on Human Rights (CHR), Integrated Bar of the on Human Rights (CHR), Integrated Bar of the Philippines (IBP), NGOs and other volunteer Philippines (IBP), NGOs and other volunteer groups.groups.

For the part of the State, it shall consider the For the part of the State, it shall consider the confiscation, freezing and forfeiture of the confiscation, freezing and forfeiture of the assets of the trafficker/s so that the proceeds of assets of the trafficker/s so that the proceeds of the sale of such property maybe used for the the sale of such property maybe used for the payment of compensation or outstanding payment of compensation or outstanding liabilities to the trafficked child.liabilities to the trafficked child.

The trafficked child and his/her The trafficked child and his/her parents/guardian should be informed of parents/guardian should be informed of possibilities to claim compensation from the possibilities to claim compensation from the damage resulting from being trafficked damage resulting from being trafficked

Civil actions are impliedly and simultaneously Civil actions are impliedly and simultaneously instituted in the criminal case. In such a case, instituted in the criminal case. In such a case, the prosecutor serves as legal counsel for the the prosecutor serves as legal counsel for the trafficked child.trafficked child.

The victim and witness protectionThe victim and witness protection

Special protection measures should be put in place Special protection measures should be put in place to ensure the safety of the victim-turned-witness and to ensure the safety of the victim-turned-witness and that of his/her family or of other persons significant that of his/her family or of other persons significant to him/her.to him/her.

Social workers, law enforcers and prosecutors must Social workers, law enforcers and prosecutors must inform the trafficked child of the Witness inform the trafficked child of the Witness Protection, Security and Benefit Program and when Protection, Security and Benefit Program and when applicable, assist the child in applying for coverage applicable, assist the child in applying for coverage in the program.in the program.

Social workers, law enforcers and prosecutors Social workers, law enforcers and prosecutors must also inform the trafficked child that he/she must also inform the trafficked child that he/she may apply for compensation with the Board of may apply for compensation with the Board of Claims, within six (6) months from the date of Claims, within six (6) months from the date of the trafficking incident.the trafficking incident.

The right of the trafficked child to privacy should The right of the trafficked child to privacy should be protected and respected at all times during the be protected and respected at all times during the investigation and trial.investigation and trial.

Law enforcers, prosecutors and other judicial Law enforcers, prosecutors and other judicial authorities, and service providers should authorities, and service providers should ensure the confidentiality of the proceedings.ensure the confidentiality of the proceedings.

The media should be informed to strictly The media should be informed to strictly observe the trafficked child’s right to privacy observe the trafficked child’s right to privacy and confidentiality.and confidentiality.

Under the guideline on victim and Under the guideline on victim and witness protection, the following witness protection, the following

shall be the State’s role:shall be the State’s role:

Ensure the proper implementation of special Ensure the proper implementation of special court procedures sensitive to the needs of the court procedures sensitive to the needs of the trafficked child, such as the taking of depositions, trafficked child, such as the taking of depositions, admission of video-taped interviews, testimony admission of video-taped interviews, testimony through closed circuit television, with the aim of through closed circuit television, with the aim of minimizing the child’s physical presence in the minimizing the child’s physical presence in the court room and/or confrontation with the court room and/or confrontation with the trafficker/s during trial.trafficker/s during trial.

Establish more Family Courts with facilities Establish more Family Courts with facilities friendly and/or sensitive to the trafficked friendly and/or sensitive to the trafficked child’s situation.child’s situation.

Work towards resolving and deciding on the Work towards resolving and deciding on the cases as expeditiously as possible. cases as expeditiously as possible.

Identification of long –term solutionsIdentification of long –term solutions

The most appropriate long –term solution from The most appropriate long –term solution from the trafficked child will be identified and the trafficked child will be identified and worked on by the handling social worker, in worked on by the handling social worker, in coordination with the local social welfare and coordination with the local social welfare and development officer in the place of origin, and development officer in the place of origin, and non-government organizations in both places non-government organizations in both places of origin and destination, and in consultation of origin and destination, and in consultation with the child’s family.with the child’s family.

The trafficked child should also be consulted, The trafficked child should also be consulted, including on the decision if he/she wants to be including on the decision if he/she wants to be returned to his/her place of origin or be returned to his/her place of origin or be reunited with his /her family.reunited with his /her family.

Important considerations must be Important considerations must be given to the:given to the:

Child’s age, maturity and evolving Child’s age, maturity and evolving capacities;capacities;

Family background, environment and other Family background, environment and other circumstances, risk of reprisal from circumstances, risk of reprisal from traffickers and security capability in the traffickers and security capability in the place of origin; andplace of origin; and

Presence of suitable care arrangements in the Presence of suitable care arrangements in the place of origin where the child will be place of origin where the child will be returned; in the place of origin, returned; in the place of origin, parents/guardian, relatives, social welfare parents/guardian, relatives, social welfare service providers and the State are responsible service providers and the State are responsible for the care and protection of the trafficked for the care and protection of the trafficked child child

Care and protection for service Care and protection for service providers providers

CompensationCompensation

The State will develop a mechanism for The State will develop a mechanism for providing compensation to service providers providing compensation to service providers who are injured or harmed in the process of who are injured or harmed in the process of protecting and/or assisting a trafficked child, protecting and/or assisting a trafficked child, especially harm resulting from reprisals especially harm resulting from reprisals from traffickers.from traffickers.

Legal AssistanceLegal Assistance

In case a trafficker files a suit against In case a trafficker files a suit against service providers for acts they have done service providers for acts they have done while providing assistance to a trafficked while providing assistance to a trafficked child, the State will provide them legal child, the State will provide them legal protection and free legal assistance, which protection and free legal assistance, which may include, but not limited to, legal may include, but not limited to, legal counselling, preparation of pleadings, counselling, preparation of pleadings, filing of action in courts and legal filing of action in courts and legal representations.representations.

Capacity BuildingCapacity Building

Training programs for service providers will be Training programs for service providers will be developed and implemented. Service providers developed and implemented. Service providers will also be given access to other kinds of will also be given access to other kinds of trainings and education opportunities that will trainings and education opportunities that will help improve their knowledge of and skills in help improve their knowledge of and skills in child protection and rights.child protection and rights.

Service providers will be trained in the use of Service providers will be trained in the use of the Guidelines.the Guidelines.

The State will allocate the necessary fund for The State will allocate the necessary fund for these capability building activities.these capability building activities.

Support SystemSupport System

Awareness, seminars and other Awareness, seminars and other activities/trainings will be conducted to raise activities/trainings will be conducted to raise the awareness of children, families and the awareness of children, families and community leaders and members so that community leaders and members so that they will all participate in the protection of they will all participate in the protection of children and care of trafficked chldren.children and care of trafficked chldren.

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