Concluding Obersvation (Non-Discrimination)UNCRPD's Concluding Observations on the initial report of the Philippines
- Concluding Observations
- Equality and non-discrimination (art. 5)
- Rich Text
- The Committee observes with concern that:
(a) Provisions in the Magna Carta for Persons with Disabilities of 1992 (Republic Act No. 7277) and its subsequent amendments in 2007 and 2016 only address disability-based discrimination in employment, transportation and the use of public accommodations and services;
(b) The absence of information and measures to address multiple and intersectional discrimination against indigenous and Muslim persons with disabilities;
(c) The lack of recognition of reasonable accommodation in several areas of life and the denial of reasonable accommodation as a form of disability-based discrimination;
(d) The lack of remedies and complaint procedures available in cases of discrimination on the basis of disability, and the absence of information about redress provided, including compensation.
- The Committee, in line with its general comment No. 6 (2018) on equality and non-discrimination, recommends that the State party:
(a) Recognize disability in its general legislation as a ground for discrimination in all areas of life;
(b) Adopt a comprehensive strategy to prevent all forms of discrimination against persons with disabilities to prevent intersectional and multiple forms of discrimination against persons with disabilities on the grounds of sex, age, origin, religion, ethnicity, sexual orientation and gender identity, impairment, migrant, asylum-seeking or refugee status, and social status;
(c) Establish accessible and effective redress mechanisms, including judicial and administrative procedures, and ensure access to justice, on an equal basis with others, for victims of disability-based discrimination. The State party should provide persons with disabilities with accessible information about complaint procedures through the courts and free legal aid;
(d) Recognize in its legislation the concept of reasonable accommodation in accordance with article 5 (3) of the Convention and the denial of reasonable accommodation as a form of disability-based discrimination;
(e) Take into account article 5 of the Convention in implementing targets 10.2 and 10.3 of the Sustainable Development Goals, in particular multiple and intersectional discrimination on the basis of gender, age, disability and leprosy through anti-discrimination legislation and policies to help address stigma against persons with disabilities.
- Philippine Observatory on the Rights of Persons with Disabilities