List of issues : Philippines. 06/05/94.
CRC/C.7/WP.3. (List of Issues)
COMMITTEE ON THE RIGHTS OF THE CHILD
Seventh session
Pre-sessional Working Group
25-29 April 1994

IMPLEMENTATION OF THE CONVENTION ON THE RIGHTS OF THE CHILD
(CRC/C/3/Add.23)


List of issues to be taken up in connection with the
consideration of the initial report of the Philippines
General measures of implementation
(Arts. 4, 42 and 44 para. 6 of the Convention)

1. Please provide further clarification the ways in which the National Council for the welfare of Children intends to coordinate with all agencies, both governmental and non-governmental, for monitoring the implementation of the Convention. (Paras. 17-19 of the report)

2. To what extent and in what ways are non-governmental organizations involved in implementing the Philippine plan of action for children and in monitoring the implementation of the Convention on the Rights of the Child?

3. In view of the information contained in paragraph 26 of the report, please provide details of any measures taken to make the report widely available to the public at large and to initiate briefings and discussions the major findings and conclusions of the report.

4. Has a nationwide mass media campaign been launched to enhance public awareness of the rights of the child and the Convention? (See para. 26 of the report)

5. What measures have been taken to train professional groups about the Convention?

6. What is the status of the Convention in relation to national law? Can the provisions of the Convention be invoked in court?

7. To what extent is international cooperation designed to enhance implementation of the Convention on the Rights of the Child?


Definition of the child
(Art. 1 of the Convention)

8. Please explain the reasons for the differences between the cut-off age for statutory rape which is less than 12 years of age wherein elements of force or intimidation and consent need not be present (para. 30 of the report) and the minimum age for marriage which is 18.

9. In paragraph 29 of the report it is stated that any marriage where either party is less than 18 years old is considered null and void from the beginning even with the consent of parents and guardians. Please provide further information on any difficulties encountered in the implementation of this provision of the Family Code.

10. Please provide information on the minimum age of sexual consent as well as the minimum age for legal and medical counselling without parental consent.

11. Please indicate whether any steps are foreseen to set an age for completion of compulsory education which would be in line with the minimum age for employment. (See paras. 33-34 of the report)


General principles
(Arts. 2, 3, 6 and 12)

12. Information in paragraph 43 of the report, indicates the difficulties involved in realizing the implementation of article 2 of the Convention. In this regard please provide details of any measures, other than those of a legislative nature, undertaken to eliminate and prevent discriminatory attitudes and prejudices against the girl child, children born out of wedlock, disabled children, and indigenous and minority children.


Civil rights and freedoms
(Arts. 7, 8, 13-17 and 37 (a) of the Convention)

13. Information in paragraph 62 of the report indicates that only about 70 per cent of total births are registered officially. Please explain the effect, if any, on the enjoyment of the rights of the child for the children that remain officially unregistered.

14. Are any measures envisaged to remove the requirement of entering information on the civil status of parents from a child's birth certificate? (See para. 56 of the report)

15. Please provide information on the progress achieved with regard to measures being taken to improve birth registration particularly by a of cultural cities. (See para. 61 of the report)

16. Is corporal punishment allowed in schools or other institutions for children? What specific legal provisions exist to protect children from being ill-treated? Are there complaint procedures which can be used by children themselves against such violations?


Family environment and alternative care
(Arts. 5, 18 paras. 1 and 2, 9, 10, 27 para. 4, 20, 21, 11, 19, 39 and 25 of the Convention)

17. Please provide information on the number, if any, of reported cases of statutory rape of children under 12 years of age and of a I abuses committed against children over the age of 12. In the light of article 39 of the Convention, please provide details of the progress achieved in the implementation of measures and priorities for the recovery and rehabilitation of children who have suffered from such violations. (Para. 245 of the report)

18. Table 9 on page 26 of the report shows the number of families served by different kinds of programmes. What percentage do these figures represent of the total number of families in need of such programmes?

19. What percentage do the number of children served by the type of intervention shown in table 7 represent in terms of the total need for such services?

20. Please provide further information on the ways and means by which the priorities, set out in paragraph 101 of the report, as regards parental guidance and responsibilities are to be implemented.

21. Have programmes been adopted to prevent and reduce the abandonment of children and, if so, are such programmes adequate?

22. Is research undertaken into the problem of ill-treatment and 9 abuse of children, including into any social factors which may influence such violations?

23. Please provide more details of the Bantay-Bata (Childwatch) Hotline project referred to in paragraph 122 of the report.

24. In view of the information contained in paragraphs 123 and 124 of the report concerning implementation priorities to address the problem of child abuse and neglect. please indicate any progress made in this area and whether there is a need for technical assistance or international cooperation in this regard.


Basic health and welfare
(Arts. 6, para. 2, 23, 24, 26, and 16 para. 3, 27 paras. 1-3 of the Convention)

25. Please provide information on the family planning measures taken and the beneficiaries of such measures and the occurrence and treatment of HIV infection among children and parents as well as measures to prevent AIDS.

26. Please provide further details of the steps being taken to expand the reach of existing health programmes to the most disadvantaged groups and to develop mechanisms for the regular monitoring of the health and nutrition status of children in the country. (See para. 144 of the report)

27. With reference to information contained in paragraph 149 of the report, please indicate the measures being taken to establish day care centres in a further 23,752 barangays.

28. Now is the Government planning to overcome the problems of a lack of data on the disabled (para. 160 of the report)? What measures are being taken to develop programmes at the city level for the prevention of disabilities?


Education, leisure and cultural activities
(Arts. 26, 29 and 31 of the Convention)

29. Table 5 (see page 3-S of the report) indicates a reduction in participation rate for elementary education from 87.9 in 1980 to 64.61 in 1990. What are the reasons for this reduction?

30. what is being done to facilitate school attendance in remote areas? What has been the result of measures taken to prevent children from dropping out of school or engaging in employment? Has the double/triple shift school system shown success in providing working children with the possibility of continuing their education? Is education given to working children of a formal or a non-formal nature? What is the proportion of working children who do not benefit from any form of education?

31. Please indicate whether children may be taught in local/indigenous languages.

32. In view of the information contained in paragraph 25 of the report that the Department of Education, Culture and Sports has developed instructional materials for teaching children's rights, please indicate to what extent school curricula have been adjusted to give room for education about the Convention. In addition, what steps have been taken to integrate the subject of human rights into non-formal education programmes?


Special protection-measures
(Arts. 22, 30, 32-40 of the Convention)

33. In paragraph 6 it is mentioned that the Special Protection Act provides for the protection of children in difficult situations including those under armed conflict. Please explain why there is no reference to this Act in the information contained in table 3 of the report. (See pages 10 to 12 of the report)

34. Please indicate the progress, if any, achieved in implementing the Philippines Plan of Action for Children as it relates to children in situations of armed conflict. (See para. 210 of the report)

35. Please provide further information an the system of the administration of juvenile justice and, in particular, on the following matters:

- What are the measures taken to ensure that the deprivation of liberty is used as a measure of last resort and for the shortest period of time?

- What opportunities are there for young law offenders in custody to contact their relatives?

- How are the conditions in institutions for young law offenders monitored and what complaints procedures exist in case of the ill-treatment of children in such institutions?

- What further measures are being taken to develop programmes and services for the physical and psychological recovery and social reintegration of juvenile offenders and for training personnel providing such services? Is there a need for international cooperation in this regard?

36. Please provide further information on the effectiveness of measures taken to prevent and protect children who work or live in the streets from being named or exploited.

37. With reference to information contained in paragraph 249 to 251 of the report, please provide details on the number, if any, of repatriated children who had been the victim of trafficking to another country in 1992/1993 and the progress achieved in preventing the sale, trafficking and abduction of children.

38. What measures are being taken to ensure the promotion and protection of the rights of children of Philippine migrant workers?

3.9. with reference to paragraph 240 of the report, please provide further details of the advocacy efforts undertaken to increase awareness of the rights of the child to be protected against a exploitation or abuse.


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