eng - World Organisation Against Torture

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1.2. Participation to the Conventionon the Rights of the Child and otherinternational treaties 6The Republic of the Philippines signed theConvention on the Rights of the Child (CRC)on 26 January 1990 and ratified theConvention on 21 August of the same year.In addition, the Philippines ratified bothOptional Protocols: on the Rights of theChild on the involvement of children inarmed conflict and on the sale of children,child prostitution and child pornography on26 August 2003 and 28 May 2002 respectively.7The Philippines is also party to the followinginternational conventions which directlyor indirectly advance the rights of the child:the Convention for the Elimination of AllForms of Discrimination Against Women(CEDAW) on 5 August 1981, theConvention on the Elimination of RacialDiscrimination (CERD) on 15 September1967, and the International Convention onthe Protection of the Rights of All MigrantWorkers and Members of Their Families, 5July 1995. The Philippines also acceded to6 - First report of the Philippines to the CRC was submitted in1993 after ratification, second report covers 1995-2000(http://www.cia.gov/cia/publications/factbook/geos/rp.html)7 - Both Protocols were signed by the Philippines on 8September 2000. 8the Convention against Torture and othercruel, inhuman or degrading treatment orpunishment (CAT) on 18 June 1986 and theILO Worst Forms of Child Labour Convention1999, ratified by the Philippines on 28November 2000.1.3. Situation of children’s rightsin the PhilippinesAlthough the Republic of the Philippines isstruggling with poor economic conditions andreoccurring political unrest, the country hasbeen actively engaged in law and policymaking to protect children’s rights. The subsequentalternative report aims at providinginformation on the state of affairs of the rightsof Filipino children. The most important observationflowing from the report is the incoherencebetween theory and practice.Unfortunately, in many instances practicedoes not coincide with what the Filipino lawprescribes. A manifest illustration of thisproblem is found with respect to the sex industry.The laws in the Philippines againstcommercial sexual exploitation of children,child prostitution, child sex tourism and traffickingare multiple. Regretfully, these kindof practices have been too often observed and
are clearly in contravention with prescribedPhilippine law and Article 34 of theConvention on the Rights of the Child (CRC).Moreover, the report discerns that childrenhave been affected by reoccurring incidencesof armed conflict in the Philippines. In itsfight against the New People’s Army (NPA),the government has repeatedly unlawfullykilled children and arbitrary detainedthem. Regarding armed conflict in thePhilippines, OMCT is also concerned withthe continuing recruitment of children bynon-State armed groups.denied in all cases. This is a worrisome situationand a clear contravention of theFilipino obligations under Article 37 and 40of the CRC.In January 2004, OMCT, in partnership withWedpro, Task Force Detainees of thePhilippines and Preda Foundation, publishedan alternative report on State Violence in thePhilippines for submission to the HumanRights Committee. The third part of this reportconcerned children’s rights issues.In addition, OMCT is gravely concerned withthe conditions of the Filipino Juvenile JusticeSystem. Although there is ample legislationthat protects children in conflict with the law,implementation so far has been to say theleast meagre. Filipino children languish andare jailed with adult prisoners in crampedpolice jails where a number of them areraped, tortured, tattooed and deprived of accessto legal, medical, social, and psychologicalassistance and services in aninstitutionalized act of unlawful discriminationby the Philippine government againstthe children of the poorest of the poor. Theright of the children to be treated in a mannerconducive to their rehabilitation is9
Page 1 and 2: Rights of the Child inthe Philippin
Page 3 and 4: Table of contentsI. INTRODUCTION ..
Page 5: COMMITTEE ON THE RIGHTS OF THE CHIL
Page 10 and 11: II. DEFINITION OF THE CHILDThe Fami
Page 12 and 13: 3.2. Practice - Cases of tortureThe
Page 14 and 15: In addition, some witnesses linked
Page 16 and 17: In 1998, the Philippines ratified t
Page 19 and 20: everse flow- the out-migration of u
Page 21 and 22: have no idea about the effects, tra
Page 23 and 24: 4.2.1.Recruitment of children intoa
Page 25 and 26: Protection of Children Against Abus
Page 27 and 28: scribed by law for persons over 18
Page 29 and 30: RA No. 7438 defines certain rights
Page 31 and 32: following the conduct of a prelimin
Page 33 and 34: estraint should only be used on chi
Page 35 and 36: Delivery to the Proper Judicial Aut
Page 37 and 38: the laws. Delays of months between
Page 39 and 40: 5.2.4. ImprisonmentMinors in Jail P
Page 41 and 42: eintegrated to their families as th
Page 43 and 44: or their parents/guardian could nev
Page 45 and 46: monly wear rags. There have been re
Page 47 and 48: impossible all together. They have
Page 49 and 50: On 9 August 2004, acting Justice Se
Page 51 and 52: • OMCT also recommends that theCo
Page 53 and 54: judicial authorities within the req
Page 55: COMMITTEE ON THE RIGHTS OF THE CHIL
Page 58 and 59:
Discrimination Act (Republic Act No
Page 60 and 61:
the existing minimum age of crimina
Page 62 and 63:
identify the yearly budgetary amoun
Page 64 and 65:
State party increase its efforts to
Page 66 and 67:
30. In the light of article 12 of t
Page 68 and 69:
Committee is concerned about childr
Page 70 and 71:
of corporal punishment in different
Page 72 and 73:
the factors in the adoption process
Page 74 and 75:
56. In the light of the United Nati
Page 76 and 77:
ing primary consideration to the be
Page 78 and 79:
(a) Implement national policies and
Page 80 and 81:
participation of children. TheCommi
Page 82 and 83:
learning methods tailored for child
Page 84 and 85:
Programme Framework for Children in
Page 86 and 87:
(b) Improve the labour inspection s
Page 88 and 89:
high number of street children, wit
Page 90 and 91:
(e) Pay particular attention to exi
Page 92 and 93:
appropriate conditions, and that pe
Page 94 and 95:
9. Followup and disseminationFollow
Page 96 and 97:
Arrested: 23.02.2002Arrest Warrant:
Page 98 and 99:
under Article 125 of the RPC have b
Page 100:
ANNEX 2PREDA PICTURES ON CONDITIONS
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eng - World Organisation Against Torture

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