Analysis on Child Protection Policy (DepEd Order No. 40, s. 2012)

        DepEd Order No. 40, s. 2012 or DepEd Child Protection policy constitutes the policy and guidelines on protecting children in school from abuse, violence, exploitation, discrimination, bullying, and other forms of abuse. Among its bases are the Philippine 1987 Constitution (Article XV, Section 3 [2]; Article XIV, Section 3 [2]), the UN Convention on the Rights of the Child (CRC), and the Family Code of the Philippines.

            As stipulated further in the Order, the Department recognizes that cases of abuse may arise as a result of the difficult situations faced by teachers and other officials within and outside the school.

DepEd has adopted the policy to provide special protection to children who are gravely threatened or endangered by circumstances which affect their normal development and over which they have no control, and to assist the concerned agencies in their rehabilitation.

Furthermore, the Department aims to ensure such special protection from all forms of abuse and exploitation and care as is necessary for the child’s well-being, taking into account the primary rights and duties of parents, legal guardians, or other individuals who are legally responsible and exercise custody over the child. DepEd recognizes the participatory rights of the child in the formulation and implementation of policies, and in all proceedings affecting them, whether they be victims or aggressors, either directly, or through a representative.

Accordingly, this Department reiterates a zero-tolerance policy for any act of child abuse, exploitation, violence, discrimination, bullying, and other forms of abuse, and hereby promulgates this Department Order.

The above-mentioned policy statement of the DepEd regarding its “landmark” child protection policy, clearly states the objective of the Department in providing special protection and care to children within the school premises. Thus, such policy mandates every school in the country to come up with an adopted version of the said child protection policy to be implemented in the school to assure that every child in school is well-guarded and well-protected.

Child protection (DepEd Order No. 40, s. 2012) refers to programs, services, procedures, and structures that are intended to prevent and respond to abuse, neglect, exploitation, discrimination, and violence.

DepEd’s CPP (deped.gov.ph, 2014), mandates all elementary and secondary schools to create a Child Protection Committee (CPC), composed of school officials, teachers, parents, students, and community representatives. Since its establishment in 2012, 59% of the public schools in the country have created CPCs. 

The Department reminded that under Special Protection of Children against Abuse, Exploitation and Discrimination Act (RA 7610) and CPP, teachers who humiliate students will face administrative sanctions. DepEd continues to equip teachers and school heads with knowledge on child protection policies of the government through a series of forums and consultations.

Though guidelines had been given as accorded in the Order, specifications on strict compliance, monitoring, and evaluation of implementation of the policies should be realized. In an instance that the school is a small one, the number of teachers is insufficient, and teachers had so many students handling, the policy is quite hard to implement and initiate. Also, clear definition and/or identification of cases or instances of child abuse should be clarified since there are some situations where scolding of teacher (at times necessary), could be deemed by students as already a form of abuse.

Also, one possible negative outcome that could appear in the implementation of this policy is that some students may abuse the protection being provided by the policy, especially the abusive ones who will intentionally use the provisions of the policy in terms of personal gains and fight back with the school officials.

On the other hand, the said policy if properly implemented and executed could assure that no form of violence, exploitation, abuse, and other related forms will no longer be happening within the school premises. Also, superb and quality learning process could be realized since students are attending classes in schools where their rights are recognized and their protection is being safeguarded.

In the end, the policy is worth applying for, since it's a measure that could benefit a lot the students and could bolster school's quality services to the clientele.