CEDAW/C/PHI/CO/6
12. The Committee urges the State party to give high priority to strengthening
the legal framework for the promotion of gender equality and women’s
enjoyment of their human rights and, to that end, to expedite the adoption of
pending bills in order to promptly bring the relevant national laws into line
with the Convention. The Committee recommends that the State party
undertake a systematic review of all legislation and initiate all necessary
revisions so as to achieve full compliance with the provisions of the Convention.
It also encourages the State party to intensify dialogue with the Muslim
community in order to remove discriminatory provisions from the Code of
Muslim Personal Laws. The Committee also calls upon the State party to
increase its efforts to sensitize parliamentarians and public opinion regarding
the importance of these reforms.
13. While recognizing the efforts of the State party to integrate a gender
perspective into all fields and to collect statistical data for gender and development
indicators, the Committee is concerned that the national machinery for the
advancement of women, i.e., the National Commission on the Role of Filipino
Women, lacks the necessary institutional authority, capacity and resources to
effectively promote implementation of the Convention and support gender
mainstreaming across all sectors and levels of Government to bring about equality
for women and men in all fields.
14. The Committee calls on the State party to give urgent priority to the
strengthening of the national machinery for the advancement of women and to
provide it with the authority, decision-making power and human and financial
resources that are necessary to work effectively for the promotion of gender
equality and the enjoyment of women’s human rights. The Committee
recommends that the national machinery take a more proactive role in the
formulation of laws, policies and programmes for the effective implementation
of the Convention, as well as in monitoring the Philippine Plan for GenderResponsive Development and the use of the gender mainstreaming strategy in
all sectoral departments to realize the equality of women with men.
15. While welcoming the establishment of family courts in major cities all over
the country to foster an active approach to protecting the rights of women and
children against domestic violence and incest, the Committee remains concerned
about the prevalence of violence against women. The Committee notes with
appreciation the Anti-Rape Law of 1997, which redefines and expands rape from a
crime against chastity to a crime against the person and implicitly recognizes
marital rape. However, the Committee is concerned that the subsequent possibility
for the wife, as the offended party, to forgive the crime extinguishes the criminal
dimension of the action and the consequent severity of the penalty.
16. The Committee recommends that the State party undertake measures to
increase awareness of all forms of violence against women, including domestic
violence, marital rape and incest, and the unacceptability of all such violence. It
recommends that the Anti-Rape Law of 1997 be reviewed with a view to
repealing the provision pertaining to the extinguishing of the criminal action. It
calls on the State party to enhance data collection on various forms of violence
against women, especially domestic violence. It urges the State party to conduct
research on the prevalence, causes and consequences of domestic violence to
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