Global Progress Towards Ending the Sexual Exploitation of Children
A global problem requires truly global solutions to address the sexual exploitation of children.
Indicators
Age of Consent
No
The age of sexual consent is 12 years, for both girls and boys. The national legislation does not provide for a close-in-age exemption.
DH Legal Analysis Philippines, 2020
Extraterritoriality & Extradition
Partial
Active extraterritoriality is provided for OCSEA offences and there is NO double criminality requirement. No information is provided on extraterritoriality for other SEC crimes. Passive extraterritoriality is not provided.
Extradition may be granted only pursuant to a treaty, requires a minimum gravity of on year of imprisonment as well as double criminality
DH Legal Analysis Philippines, 2020
CSAM Definition
No
The national legislation does not provide a definition of CSAM which is in line with international standards. The definition provided does not include depictions of the sexual parts of a child’s body for primarily sexual purposes. Positively, the definition includes material depicting a person appearing to be a child as well as computer/digitally generated CSAM.
DH Legal Analysis Philippines, 2020
Background Check Required
Not Yet Assessed
National Commitments
Partial
Philippines has ratified the CRC, the OPSC, the Trafficking Protocol and the ILO Convention No. 182.
Philippines has also ratified the Council of Europe's Budapest Convention.
Philippines has not ratified the OPIC, the UNWTO Framework Convention on Tourism Ethics nor the Council of Europe's Budapest Convention.
DH Legal Analysis Philippines, 2020
Child Advocacy Centers
Not Yet Assessed
SEC Police Unit
Partial
There are several police units including SEC in their mandate, mainly the Philippine National Police Women’s and Children’s Protection Centre (PNP WCPC) which deals with cases of violence against women and children including SEC and includes the Internet Crimes against Children Office which deals with cases of online child sexuale xploitation. Additionally the National Bureau of Investigation’s Anti-Human Trafficking Division (NBI-AHTRAD) deals with cases of human trafficking. Since 2019 there is also a Internet Crimes Against Children Centre that enhances collaborative efforts by different law enforcement units in Philippines, UK and Australia to combat online child sexual exploitation. Although these offices are effectively functioning a lack of funds, human resources, skills and training and sufficient equipment has been reported among other challenges. It is unclear whether both offences under national and extra-territorial jurisdiction are able to be addressed by these units.
DH Desk-based research Philippines, Jul-05
Protection Standards Travel and Tourism
Partial
Philippines has partially established obligatory child protection standards for the tourism industry
SECTT Legal Checklist ASEAN, 2020
Public SEC Case Data
Partial
The Philippine Internet Crimes Against Children Centre reports case data on online child sexual exploitation and abuse since its creation in 2019. No information has been found on public case data for other manifestations.
DH Desk-based research Philippines, 2020
Age of Consent Law is Appropriate
The age of sexual consent for both males and females is 18 and a close in age exemption (up to 3 years) is provided for consensual sexual relationships between adolescents.
The age of sexual consent is the legally defined age at which a person is considered mature enough to agree to sexual activity. The age of sexual consent varies across jurisdictions around the world and there is no international legal instrument establishing it, however various forms of advocacy have encouraged States to establish a minimum age under which engaging in sexual contact is considered a criminal offence. This is intended to prevent sexual contact with children and to prevent argument that the child consented as a defence.
Often national provisions related to the age of sexual consent include an exception, known as a close-in-age exemption, making consensual sexual activities between young people lawful if the partners are of similar ages and the age difference is not higher than a certain number of years.
To ensure that cases of child sexual exploitation do not go unpunished, ECPAT advocates for the age of sexual consent to be set at 18 for both males and females with a close-in-age exemption of 2-3 years provided in order to ensure young people are not penalised for consensual sexual acts with peers. The age from which the exemption applies should be established by States but may begin for young people somewhere between 12 and 16 years of age.
Yes The national legislation explicitly indicates that the age of sexual consent unequivocally is 18 for both males and females, with a close-in-age exemption for sexual acts between peers (of up to 3 years) is provided by law.