CEDAW/C/PHI/CO/6
5.
The Committee notes with appreciation the adoption of laws which contribute
to the enhanced implementation of the Convention. They include the AntiTrafficking in Persons Act of 2003, the Anti-Violence against Women and Their
Children Act of 2004, the Family Courts Act of 1997, the Rape Victims Assistance
Act of 1998, the Indigenous People’s Rights Act of 1997 and the Social Reform and
Poverty Alleviation Act of 1997.
6.
The Committee welcomes the Philippine Plan for Gender-Responsive
Development 1995-2025, which intends to translate the Convention and the Beijing
Platform for Action into policies, strategies, programmes and projects for Filipino
women.
7.
The Committee commends the State party for providing pre-departure
information and support services to overseas Filipino workers who migrate on a
legal basis.
Principal areas of concern and recommendations
8.
While recalling the State party’s obligation to systematically and
continuously implement all the provisions of the Convention, the Committee
views the concerns and recommendations identified in the present concluding
comments as requiring the State party’s priority attention until the submission
of the next periodic report. Consequently, the Committee calls upon the State
party to focus on those areas in its implementation activities and to report on
action taken and results achieved in its next periodic report. It calls on the State
party to submit the present concluding comments to all relevant ministries and
to Congress so as to ensure their full implementation.
9.
The Committee notes with regret that it did not receive a fully satisfactory
explanation regarding the status of the Convention in the national legal system. The
Committee is also concerned that there is no definition of discrimination in line with
article 1 of the Convention, encompassing both direct and indirect discrimination, in
national legislation.
10. The Committee requests the State party to clarify, in its next periodic
report, the status of the Convention in the national legal system, including
which provisions would prevail in case of a conflict between the Convention
and a national law. The Committee urges the State party to ensure that the
Convention becomes fully applicable in the national legal system, and that a
definition of discrimination in line with article 1 of the Convention is included
in national law.
11. While the Convention has been in force in the State party for 25 years, the
Committee notes with great concern the lack of progress in undertaking and
completing necessary revisions of discriminatory provisions in national legislation
and in enacting a comprehensive legal framework pertaining to gender equality. In
particular, the Committee is concerned that the Magna Carta for Women Bill, the
Marital Infidelity Bill and several other bills aimed at amending the Family Code,
the Civil Code and the Revised Penal Code are still pending. The Committee is
particularly concerned about existing discriminatory provisions of the Code of
Muslim Personal Laws, which permit marriage of girls under the age of 18,
polygamy and arranged marriages.
2
06-48052