Concluding Observation (Legal Recognition)UNCRPD's Concluding Observations on the initial report of the Philippines
- Concluding Observations
- Legal Recognition
- Equal Recognition Before the Law (art. 12)
- Rich Text
24.The Committee is concerned that:
(a) The State party’s legislation still denies the legal capacity of persons with disabilities to express their will and preferences concerning all aspects of their lives, establishes guardianships and restricts the capacity of persons with intellectual or psychosocial disabilities to exercise their rights;
(b) The ongoing deliberations in Congress on the selective provision of support for decision-making and on “legal representatives” acting virtually as substitute decision makers will result in a lack of equality before the law;
(c) Persons with disabilities face difficulties in gaining access to the legal system due to the absence of legal practitioners able to communicate with persons with disabilities, in particular persons with hearing impairments.
- The Committee recommends that the State party:
(a) Review articles 37 to 39 of its Civil Code (Republic Act No. 386), article III, section 11, of its Constitution and Republic Act No. 9406, and enact legislation recognizing the full legal capacity of persons with disabilities in line with the Committee’s general comment No. 1 (2014) on equal recognition before the law;
(b) Provide training, in consultation and cooperation with persons with disabilities and their representative organizations, at the national, regional and local levels for all actors, including civil servants, judges and social workers, on the recognition of the legal capacity of persons with disabilities and on the principles of supported decision-making;
(c) Establish a system of supported decision-making for persons with disabilities, in line with the freedom of choice of persons with disabilities, including the possibility to stop support.
- Philippine Observatory on the Rights of Persons with Disabilities