Philippines: National Laws
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Date: 29 November 2011
General overview of the Philippines' national legal provisions on children's rights, including guidance on how to conduct further research.
National laws on children's rights
Status of CRC in national law
Constitution: the Constitution of the Republic of the Philippines contains a number of rights provisions, and a small number of provisions that directly address the rights of children:
Legislation: Philippine law does not have a comprehensive Code or Act that addresses the rights of children, but it does have a number of broad, thematic Codes and a range of legislation that address those rights. Relevant legislation includes, but is by no means limited to:
In addition, the GlobaLex initiative at New York University has published a guide to legal research in the Philippines (http://www.nyulawglobal.org/Globalex/Philippines1.htm), and both the U.S. Law Library of Congress (http://www.loc.gov/law/help/guide/nations/philippines.php) and World Legal Information Institute (http://www.worldlii.org/catalog/247.html) have assembled a selection of relevant government and legal research links.
Case Law Research
Compliance with the CRC
In depth analysis:
The Committee has welcomed legislation prohibiting torture and other cruel, inhuman or degrading treatment, but it has expressed concern that the legislation prohibiting such treatment does not apply in all settings. A high number of cases of torture affecting children have been reported, particularly children in detention. The Committee does not consider national legislation in this area sufficient to protect children against torture and ill-treatment, and it has urged the State to enact anti-torture legislation, investigate complaints of torture, and prosecute and adequately punish those who commit the crime. There is also no law explicitly prohibiting corporal punishment in the home, and such violence is widespread and socially acceptable.
Children continue to be involved in armed conflict in the Philippines, and though there is legislation prohibiting the recruitment of children, this legislation does not provide for sanctions for the crime. The Committee has called on the State to take appropriate legislative measures to ensure that the recruitment of children for armed conflict is prohibited and that those involved in the practice are prosecuted and adequately punished.
Current legal reform projects
In addition, an initiative to lower the age of criminal responsibility from 15 years to 9 years resulted in a Bill before Parliament in 2008, and was still under discussion as recently as December 2010.
Last updated: 29 November 2011
Date: 14 August 2013
[14 August 2013] -
Lowering the criminal age for children will not solve the problem of more children being used for crime but will only worsen matters, Senator Maria Lourdes “Nancy” Binay has said.Senator Binay said that the proposal to lower the minimum age for criminal liabil
Date: 2 April 2013
Lawmakers are seeking the passage of a measure in the next Congress that would slap a penalty of life imprisonment and a fine of up to P5 million against those who would encourage, compel or influence children to be part of an armed group.
Date: 22 March 2013
[21 March 2013, Manila] - After a publicly contentious 14-year battle, legislators quietly signed the Philippines’ first reproductive health law in late December 2012. It was expected to take effect by the end of March, but on 21 March the Supreme Court halted its implementation, issuin
Date: 31 May 2012
Español / Français / العربية Developments on the use of the death penalty in 2011 confirmed the global trend towards abolition. The number of countries that were known to have carried out death sentences decreased c
Date: 10 February 2012
[9 February 2012] - The Optional Protocol to the Convention on the Rights of the Child on a communications procedure which was adopted at the sixty-sixth session of the General Assembly of the United Nations, will be open for signature at a signing ceremony to be held in Geneva, Switzerland, on 28 F
Date: 13 April 2011
Following recent allegations of child abuse on prime-time television, the Senate committee on youth, women and family relations will review existing anti-child abuse laws in the Philippines.
Date: 26 November 2009
[PUERTO GALERA, 23 November 2009] - The Philippine government is providing greater protection for children against child pornography with the signing into law of Republic Act 9775, also known as the Anti-Child Pornography Act of 2009, by Philippine President Gloria Macapagal-Arroyo last week. This l