CRPD/C/PHL/CO/1
Equal recognition before the law (art. 12)
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.
25.
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.
Access to justice (art. 13)
26.
The Committee is concerned about the barriers that persons with disabilities face in
access to justice, including attitudinal barriers and the prejudices of court personnel, as well
as securing the services of well-trained sign language interpreters to assist throughout the
proceedings. It is also concerned about the lack of implementation of Executive Order No.
709 establishing the Subcommittee on Access to Justice and Anti-Discrimination.
27.
The Committee recommends that the State party adopt measures to provide
age-appropriate or procedural accommodations, including physical access to
courtrooms, accessible legal services, qualified sign language and tactile sign
interpreters in courtrooms and police stations, and legal and procedural information
in Easy Read. It also recommends that the State party conduct capacity-building
programmes for the legal profession, and police and prison officers concerning the
rights enshrined in the Convention.
Liberty and security of the person (art. 14)
28.
The Committee is concerned that rule 101 of the Rules of Court (Civil Procedure) on
proceedings for the hospitalization of “insane” persons and the provisions of the Mental
Health Act maintain procedures for involuntary detention on the basis of impairment.
29.
The Committee recommends that the State party, in line with the Committee’s
guidelines on the right to liberty and security of persons with disabilities:
(a)
Repeal rule 101 of the Rules of Court on proceedings for the
hospitalization of “insane” persons, conduct a review of its Mental Health Act and
withdraw provisions that allow for detention in psychiatric hospitals and other types
of institutions;
(b)
Stop processes aimed at the institutionalization of persons with
disabilities in psychiatric hospitals on the basis of actual or perceived impairment.
7