Child pornography

Matthew 18:6 “If any of you should cause one of these little ones, who believe in Me to stumble and fall, it would be better for you to be thrown into the depths of the sea with a great millstone around your neck.”

Kahlil Gibran The Prophet:

And a woman who held a babe against her bosom said, Speak to us of Children and he said:

Your children are not your children. They are the sons and daughters of Life’s longing for itself.

They come through you but not from you.

And though they are with you yet they belong not to you.

On the 30th anniversary of the Declaration of the Rights of the Child and the 10th Anniversary of the International Year of the Child, the UN General Assembly came up with the Convention on the Rights of the Child, on Dec.  12, 1989.

In the preamble of the CRC we learn of their considerations in coming up with the convention:

Bearing in mind that, as indicated in the Declaration of Rights of the Child, “the child, by reason of his physical and mental immaturity needs special safeguards and care, including appropriate legal protection before as well as after birth.”

“Recognizing that in all countries, there are children living in exceptionally difficult conditions, and that such children need special consideration.

Taking due account of the importance of the traditions and cultural values of each people for the protection and harmonious development of the child.”

Article 34.

States Parties shall undertake to protect the child from all forms of sexual exploitation and abuse. For these purposes, States Parties shall in particular take all appropriate national, bilateral and multinational measures to prevent:

(a)The inducement or coercion of a child to engage in any

unlawful activity;

(b)The exploitative use of children in prostitution or other

unlawful sexual practices;

(c)The exploitative use of children in pornographic

performances and materials.

The Philippine legislature passed the Anti-Child Pornography Act in 2009 R.A. 9775 in 2009. Its  Declaration of the Policy states:

“The State recognizes the vital role of the youth in nation building and shall promote and protect their physical, moral, spiritual, intellectual, emotional, psychological and social well-being. Towards this end, the State shall:

(a)Guarantee the fundamental rights of the child to special protection from all forms of neglect, abuse, cruelty, exploitation and other conditions prejudicial to his/her development;

(b)Protect every child from all forms of exploitation and abuse including, but not limited to

(1)the use of the child in pornographic performances and materials; and

(2)the inducement of a child to engage or be involved in pornography through whatever means; and

(c)Comply with international treaties to which the Philippines is a signatory or a State party concerning the Rights of the Child, the Optional Protocol to the Convention on the Rights of the Child on the Sale of Children, Child Prostitution and Child Pornography, the International Labor Organization (ILO) Convention No. 182 on the Elimination of the Worst Forms of Child Labor and the Convention Against Transnational Organized Crime.

With the implementing rules and regulation (IRR) of this law is an annex which lists  offenses or prohibited acts with their penalties. The penalty for persuading or coercing a child “to perform in the creation or production of any form of child pornography” is “Reclusion temporal in its maximum period and a fine of not less than P1 million  but not more than  P2 million.

In the United States child pornography is a federal crime and all states have laws against it.

Why is there a demand for this? “It is important to remember that pictures that are not illegally obscene can be very arousing to a pedophile. For example, an apparently innocent picture of a naked child in the bathtub or even a clothed child in a pose can be used by a pedophile for arousal.”

In the report of  Ofelia Calcetas-Santos, Special Rapporteur of the Commission on Human Rights on the sale of children, child prostitution and child pornography, she declares: “Any kind of sexual exploitation can be devastating to a child.” She cites “a deep feeling of guilt, especially for those who were not kidnapped, forced or coerced but rather lured into prostitution and pornography.”

She brings up matters of general concern.   “Response processes should not further victimize the child.  Multiple victimization can happen at practically all levels of response in the hands of untrained and insensitive assistance,” she said.

The UP Cebu Gender and Development Office gathered this information to assist  students, faculty, and support staff through the GAD committee. As secretariat of the Central Visayas Gender Resource Center-Sidlak, the GAD office wishes to be ready to be of service to Sidlak members on gender-related current concerns.