CEDAW/C/PHI/5-6
qualified witness, (b) appointment of special persons to assist the child witness in and out of the
courtroom, (c) changes in courtroom procedure and environment, (d) use of link television
testimony and other devices to avoid face-to-face confrontation with the accused, (e) certain
hearsay testimonies of child abuse victims made admissible; and (f) child records made
confidential and subject to protective order.
534. As discussed in paragraph 180, the Supreme Court promulgated The Rule on Juveniles in
Conflict with the Law that took effect on 15 April 2002 to protect and fulfill the right of
juveniles in conflict in accordance with the Convention on the Rights of the Child (CRC) and
relevant UN standards; and directed trial judges to check on the welfare of prisoners, especially
minor detainees, by holding regular dialogues with relevant government officials and visiting
jails.
535. The Supreme Court launched its gender mainstreaming campaign in 2003 by creating its
Committee for a Gender-Responsive Judiciary, sponsoring a series of workshops to prepare the
committee and the program management office to undertake GAD advocacy in the judiciary,
and preparing its gender mainstreaming plan. In a related development, the University of the
Philippines had completed a policy action research on the gender sensitivity in the Philippine
court system.
536. As discussed in paragraph 199, the justice department issued in 1998 the Guidelines on the
Handling of Rape Cases Involving Adult Victims to ensure, among others, the fair and
respectful treatment of the adult rape victim and protection of the victim-survivor from further
victimization.
537. In Department Order 22 series of 1998, the social welfare department sets the guidelines for
media coverage of victims of abuse and exploitation.
C.
REMAINING ISSUES AND CHALLENGES
538. There have been various efforts of government to promote equal rights of women before the
law and in civil matters and to expand their rights on property relations and treatment in court
procedures. However, inequality in the legal capacity of women is found within marriage and
family relations which affects their rights over concluding contracts, land ownership and
property administration.
539. There are provisions in some laws that serve to nullify women’s equality rights. An example is
Article 39 of the Civil Code which states: "A married woman, 21 years of age or over is
qualified for all acts of civil life except in cases specified by law." Another is the Philippine
Passport Act of 1996 with its additional requirement in applying for passports for women to
submit proof of marriage, divorce or annulment. Presenting documentary proof is demanded
only from women, but not from male applicants. Said laws must be amended so that equal
rights of women in all areas are promoted.
540. Government must ensure that concerned government and non-government entities implement
the provisions of laws concerning contracts and property administration, as certain gaps are
surfacing. For instance, some banks are reportedly violating the provision on the capacity of
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