13.07.2015 Views

eng - World Organisation Against Torture

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Committee is concerned about childrenborn abroad to Philippine migrant workers.Due to the non-registration of thesechildren, they are deprived of their rightto name, nationality and identity as wellas basic services.37. The Committee recommends to the Stateparty that it encourage and facilitate parents,irrespective of their residence status,to register their children bornabroad. The Committee also recommendsthat the State party ensure thatunregistered children without officialdocumentation are allowed access tobasic services, such as health and education,while waiting to be properly registered.In addition, the Committeerecommends to the State party that itraise awareness among parents about theneed and value of birth registration.<strong>Torture</strong> and other cruel, inhuman or degradingtreatment or punishment38. The Committee notes that theConstitution of the Philippines prohibitstorture and that the provisions of theChild and Youth Welfare Code(Presidential Decree No. 603) provideprotection for children against tortureand ill-treatment and that all hospitals,clinics, related institutions and privatephysicians are obliged to report in writingall cases of torture and ill-treatmentof children. Nevertheless, theCommittee is deeply concerned at anumber of reported cases of torture,inhuman and degrading treatment ofchildren, particularly for children in detention.The Committee reiterates its previousrecommendation on prohibitingand criminalizing torture by law and itis of the view that existing legislationdoes not provide children with an adequatelevel of protection against tortureand illtreatment.39. As regards torture and other cruel, inhumanor degrading treatment or punishment,the Committee urges the Stateparty to review its legislation in order toprovide children with better protectionagainst torture and ill-treatment in thehome and in all public and private institutionsand to criminalize torture bylaw. The Committee recommends thatthe State party investigate and prosecuteall cases of torture and ill-treatment ofchildren, ensuring that the abused childis not victimized in legal proceedings68

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