eng - World Organisation Against Torture

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(e) Pay particular attention to existingrisk factors, such as the growing sextourism in the region and continue tocollaborate with the Department ofTourism and tourism service providers inthis respect;(f) Launch awareness-raising campaignsfor children, parents and other caregivers,in order to prevent trafficking,sexual exploitation and pornographyinvolving children, and sensitize officialsworking with and for victims of trafficking.88. With regard to the trafficking of childrenin the Philippines, within the countryand across its borders, the Committeeendorses the recommendation adoptedby the Human Rights Committee at itsseventy-ninth session in 2003(CCPR/CO/79/PHL, para. 13) on takingappropriate measures to combat traffickingin all its forms, by ensuring effectiveenforcement of the relevantlegislation and imposing sanctions onthose found responsible.Administration of juvenile justice89. The Committee is seriously alarmed atthe high level of crime and the highnumber of persons below 18 years of agein detention in the State party, the persistentviolations of the rights of childrenin conflict with the law, the alleged casesof torture, abuse, including sexual abuseand other forms of degrading treatmentof persons below 18 years of age in detention,and the overall deficiencies inthe administration of the Philippine juvenilejustice system. The Committeenotes with deep concern that adequatelegislation governing juvenile justice islacking and that a proposed bill on theComprehensive Juvenile JusticeSystem and Delinquency PreventionProgramme has been pending inCongress since 1999. While noting thatan Administrative Order issued inFebruary 2000 designated Regional TrialCourts as Family Courts, theCommittee is concerned about the lackof child-sensitive and adequately trainedjuvenile courts.90. Furthermore, the Committee is concernedabout the very low minimum ageof criminal responsibility (9 years).90
Referring to the provisions on youthdetention homes of the Child and YouthWelfare Code and the Rules andRegulations on the Apprehension,Investigation, Prosecution andRehabilitation of Youth Offenders(Presidential Decree No. 603), theCommittee is concerned about the inadequateimplementation of these provisionsand the placement of personsbelow 18 years of age together withadults in detention. Unlawful detentionof children, street children for instance,for the extended period of time and limited,or lacking access to appropriate legalaid and assistance and adequatesocial and health services give cause forserious concern. In addition, theCommittee is concerned about unreasonableamounts requested for bail,which cause insurmountable financialobstacles for children and their parents,limitations as regards the suspension ofsentences and poor detention conditions,including socalled secret cells.91. The Committee urges the State party toensure that its legislation and practiceconcerning juvenile justice is in fullcompliance with the provisions of theConvention, in particular articles 37, 39and 40, as well as other relevant internationalstandards in this area, such asthe United Nations Standard MinimumRules for the Administration of JuvenileJustice (The Beijing Rules) (GeneralAssembly resolution 40/33), theUnited Nations Guidelines for thePrevention of Juvenile Delinquency (TheRiyadh Guidelines) (GeneralAssembly resolution 45/112), the UnitedNations Rules for the Protection ofJuveniles Deprived of their Liberty(General Assembly resolution 45/113)and the Guidelines for Action onChildren in the Criminal Justice System(annexed to Economic and SocialCouncil resolution 1997/30 of 21 July1997). In this regard, the Committee recommendsto the State party in particularthat it:(a) Adopt, as a matter of urgency, a proposedbill on Comprehensive JuvenileJustice System and DelinquencyPrevention Programme and raise theminimum age of criminal responsibilityto an internationally acceptable level;(b) Ensure that deprivation of liberty isused only as a measure of last resort,for the shortest possible time and in91
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Rights of the Child inthe Philippin
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Table of contentsI. INTRODUCTION ..
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COMMITTEE ON THE RIGHTS OF THE CHIL
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1.2. Participation to the Conventio
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II. DEFINITION OF THE CHILDThe Fami
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3.2. Practice - Cases of tortureThe
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In addition, some witnesses linked
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In 1998, the Philippines ratified t
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everse flow- the out-migration of u
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have no idea about the effects, tra
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4.2.1.Recruitment of children intoa
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Protection of Children Against Abus
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scribed by law for persons over 18
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RA No. 7438 defines certain rights
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following the conduct of a prelimin
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estraint should only be used on chi
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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 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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