Region (April 6-8) , Legaspi-Sorsogon (April 12-13), Zamboanga City (April 13-15), TaclobanLeyte-Samar (April 22-25), and Cagayan de Oro-Bukidnon (April 27-29).
The Committee on the Elimination of Discrimination against Women (“Committee ”)
welcomes written submission from national human rights institutions, 4 not to exceed 10 pages in
length,5 to be transmitted “3 weeks before the beginning of the session” of the Committee. 6
Consideration of the Philippine periodic report is scheduled for the 64th session on 5 July 2016,
so the deadline for submission by the CHRP is on 10 June 2016.7
The CHRP submits this report to the secretariat for distribution to the Committee and
uploading on the official website of the Office of the High Commissioner for human Rights. It
discusses developments in relation to the latest Concluding Observations of the Committee, as
well as replies of the State Party to the list of issues.
COMMENTS ON CEDAW/C/PHL/CO/5-6
On systematically reviewing and revising all legislation to achieve full compliance with the
provisions of the Convention. (para. 12)
1. Within three (3) years of the effectivity of the Magna Carta of Women (“MCW”), the State
Party is required to “take steps to review and, when necessary, amend and/or repeal existing
laws that are discriminatory”.8 This notwithstanding, aberrations in law still exist.
2. The Commission regrets the insistence of the State Party that there is no conflict
between the MCW, which “respects the cultural identity and integrity of women”, and
the Code of Muslim Personal Laws, which “the Muslim population views […] as having
primacy over civil law due to its basis in the Qu’ran.”9
3. Even though the State Party asserts that “[p]ractices such as polygamy and child marriages
are now strongly discouraged”,10 the Code of Muslim Personal Laws allows Muslim men
to have, legally, up to four (4) wives at a time,11 and to marry girls as young as 12 years of
age.12 This has already been a matter of concern to this Committee.13
4
5
6
7
8
9
10
11
12
13
See Committee on the Elimination of Discrimination against Women, Rules of Procedure, Rule 47, reprinted in
HRI/GEN/3/ Rev.3 at 109.
Committee on the Elimination of Discrimination against Women, Participation by NHRIs, Part. IV.
Id., Part V.
Id.
MCW, Republic Act. No. 9710 (August 14, 2009), sec. 12.
CEDAW/C/PHL/Q/7-8/Add.1, para. 2.1.
Id.
Presidential Decree No. 1083 (February 4, 1977), art. 27.
See id., art. 16(2).
See CEDAW/C/PHL/Q/6, para. 2. See also CEDAW/C/SR.747(A), para. 18 (Schöpp-Schilling). See, further,
CEDAW/C/SR.748(A), para. 38 (Bokpé-Gnacadja) and para. 43 (Gaspard).
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