Replies to Lists of Issues - CRC - Philippines

Reply to List of Issues : Philippines. 10/10/94.

. (Reply to List of Issues)

COMMITTEE ON THE RIGHTS
OF THE CHILD

WRITTEN REPLIES FROM THE GOVERNMENT OF THE PHILIPPINES
TO THE QUESTIONS RAISED BY THE COMMITTEE IN THE LIST OF ISSUES
(CRC/C.7/WP.3)
RELATING TO THE INITIAL REPORT OF THE PHILIPPINES
(CRC/C/3/Add.23)

/Received on 10 October 1994/

IMPLEMENTATION OF THE CONVENTION ON THE RIGHTS OF THE
CHILD

List of issues to be taken up in connection with the
consideration of the initial report of the Philippines

General measures of implementation
(Arts. 4, 42 and 44 para. 6 of the Convention)

1. Please provide further clarification on the ways in which the national Council for the Welfare of Children intends to coordinate with all agencies, both governmental and non-governmental, for monitoring the implementation of the Convention. (Paras. 17-19 of the report)

a. To monitor implementation of the Convention on the Rights of the Child, the national Council for the Welfare of Children (CWC) will be using the system which is currently in place to monitor the Philippine Plan of Action for Children. Monitoring the Philippine Plan of Action for Children will mean monitoring most of the Convention on the Rights of the Child provisions in as much as the Philippine Plan of Action for Children was formulated with the Convention on the Rights of the Child as its framework.

b. The member agencies of the national Council for the Welfare of Children ---government as well as non--government --- have submitted their work plans for working towards the Philippine Plan of Action for Children goals and targets given their respective mandate, in compliance with Memorandum Order No. 40 which was issued by His Excellency President Fidel V. Ramos on September 22, 1992. These agencies are required to submit to the national Council for the Welfare of Children progress resorts on the implementation of their Philippine Plan of action for Children work plans.

c. In addition, at the national level, the Council for the Welfare of Children has 6 task forces and 6 sub task forces which will be monitoring Philippine Plan of Action for Children implementation by area of child rights. These include: the Task force on Legal Protection whose main task is to review and propose policies related to the protection of children in terms of adequacy, consistency and responsiveness to children's needs and formulate strategies and guidelines for the effective coordination between and among the five pillars of the criminal justice system. Each of these sectors will conduct a regular review of progress in Philippine Plan of Action for Children implementation of all concerned government agencies and selected Non-Government Organizations working to promote the welfare of children at both the national and sub-national levels.

d. At the regional level, continuing monitoring of PPAC implementation will be done through the Regional Sub-Committee on the Welfare of Children, which will consolidate reports submitted to it by the different provinces within each region. Monitoring reports will, as in the case of the national level, be based on previously submitted Philippine Plan of Action for Children work plans. A Regional Coordinator of the Council for the Welfare of Children will meet regularly with the Regional Sub-Committee to gather monitoring updates and discuss concerns/issues relevant to the welfare of children.

e. A similar approach will be utilized at the provincial and municipal levels. Monitoring reports will be submitted to the local Council for the Welfare of Children based on the work and financial plans for implementing Philippine Plan of Action for Children formulated at the city and municipal levels in compliance with Memorandum Order No. 39, issued by the President on September 21, 1994.

f. To enhance and update data gathered through the abovementioned processes, Council staff will also conduct independent monitoring visits to selected areas. To strengthen its monitoring activities, the Council for Welfare of Children will coordinate with the National Statistical Coordination Board on the further development of child-related indicators and the improvement of existing monitoring systems so that weaknesses and data gaps may be adequately addressed.

g. The Council for the Welfare of Children will be assisted in its monitoring tasks by the Child Rights Center of the Commission on Human Rights. The Center will focus on monitoring progress of Convention on the Rights of the Child implementation with regard to violation of children's civic rights and freedoms and their right to special protection measures.

h. At the end of each year, in addition to its Report on Philippine Plan of Action for Children implementation, the Council for the Welfare of Children will prepare an update on Convention on the Rights of the Child implementation.

2. To what extent and in what ways are non-governmental organizations involved in implementing the Philippine plan of action for children and in monitoring the implementation of the Convention on the Rights of the Child?

a. Memorandum Order No. 39 calls upon (requires) local government executives to encourage and mobilize Non-Government Organizations participation in PPAC implementation. Participation of Non-Government Organizations is considered an inherent feature of the inter-agency approach to promoting child survival, protecting and development.

b. In 1992, more than 40 NGOs participated in an orientation and planning workshops on PPAC which was convened by the National Council of Social Development. This resulted in the integration of children's concerns in their agency's plans. In 1993, the Bureau of Child and Youth Welfare of the Department of Social Welfare and Development brought together duly-licensed and accredited Non-Government Organizations involved in promoting child welfare to refine, and plan for the attainment of, the Philippine Plan of Action for Children goals on special protection measures.

c. Included as members of the Board of the Council for the Welfare of Children are three heads of Non-Government Organizations, two serving children and the third, a head of a youth organization. The Non-Government Organizations which these individuals represent are fully committed to work towards successful Philippine Plan of Action for Children implementation.

d. Non-Government Organization contributions to Philippine Plan of Action for Children implementation are reflected in their respective work plans, those of local governments, as well as in a number of projects under the Government of the Philippine-UNICEF Country Programme of Cooperation.

3. In view of the information contained in paragraph 26 of the report, please provide details of any measures taken to make the report widely available to the public at large and to initiate briefings and discussions on the major findings and conclusions of the report.

a. The Council for Welfare of Children has conducted two press briefings, led by the Secretary of the Department of Social Welfare and Development, to bring the Report to the attention of the mass media. Findings and priorities outlined in the Report were presented and discussed.

b. The Council for the Welfare of Children in cooperations with the Commission on Human Rights also conducted a multi-sectoral consultation to discuss further monitoring of Convention on the Rights of the Child implementation.

c. Agencies in all three branches of Government were furnished copies of the Report for their information and dissemination to their constituencies and affiliate agencies. Copies were also provided to the Regional Sub-Committee for the Welfare of Children, as well as to local and international Non-Government Organizations.

d. Plans are currently being formulated for further briefings and discussions on the Convention on the Rights of the Child, the Philippines' report on its initial implementation, and on further progress achieved as part of the activities in October which has been declared as National Children's Month.

4. Has a nationwide mass medica campaign been launched to enhance public awareness of rights of the child and the Convention? (See para. 26 of the report)

There has been no nationwide mass media campaign launched to enhance public awareness of the rights of the child and the convention. However, the Council for the Welfare of Children has launched the search for children's pool of advocates. This search is to select children who can be advocates for their own rights.

The pool of advocates has two categories. The first group is the theater type of presentation of the rights of children as per the Convention on the Rights of the Child and implemented as stated in the Philippine Plan of Action for Children. The second group is the speakers' bureau. This group shall select children who can effectively put forward the message on their rights. This search will be done yearly so as to multiply the number of child advocates. Through these, the Council envisions these children to be strong advocates for their own rights.

5. What measures have been taken to train professions groups about the Convention?

a. The Department of Education, Culture and Sports together, with the Commission of Human Rights, has conducted trainings on human rights among educators. These have incorporated training on child rights as one of the main topics. To date, 80 educators have been trained.

b. The Commission on Human Rights has trained officers of the three branches of the military, the Philippine National Police, and of the Bureau of Jail Management and Penology on human rights and international humanitarian law, incorporating the right of the child to special protection measures. So far, a total of 30, 270 military and police officers have been trained, broken down as follows: training 656, advocacy course 10,022 and orientation course 19,592.

c. The National Council of Social Development has conducted trainings of 40 social workers on the Convention on the Right of the Child. Further, the National Council of Social Development members conduct regular briefings among their staff and service providers on the Convention.

6. What is the status of the Convention in relation to national law? Can the provisions of the Convention be invoked in court?

Under the present Constitution, Section 2, Article II, thereof, "the Philippines renounces war as an instrument of national policy, adopts the generally accepted principles of international law as part of the law of the land and adheres to the policy of peace, equality, justice, freedom, cooperation, and amity with all nations. For the validity of the treaty or international agreement, the votes of at least two-thirds of all members of the Senate are necessary to concur in said treaty or international agreement without such concurrence, a treaty or international agreement is not valid nor effective. (Section 21, Art. VII, Constitution.)

The Philippines Supreme Court in Abbas vs. COMELEC (179 SCRA 287) hold that a binding treaty or international agreement would then constitute part of the law of the land, but as an internal law, it cannot be superior to an enactment of Congress of the Philippines, rather it would be on the same class as the latter.

The Convention on the Rights of the Child pursuant to the above said constitutional provision, was concurred in by the Senate on July 26, 1990. Hence it become part of the law of the land.

The Constitutional provisions can be invoked in Court.

7. To what extent is international cooperation designed to enhance implementation of the Convention on the Rights of the Child?

a. Official Development Assistance provided by multi-lateral and bi-lateral sources is being tapped for special projects for children. The present Country Program of Cooperation between the government of the Philippines and the UNICEF uses the Philippine Plan of Action for Children as its framework. The Philippine Plan of Action for Children is the country's national plan of action to implement the Convention on the Rights of the Child and the World Summit Declaration on the Survival, Protection and Development of Children.

b. In December 1993, The Third Meeting of the Association of South East Asian Nations (ASEAN) Ministers Responsible for Social Welfare, which was held in Manila, adopted a Resolution on an Association of South East Asian Nations Plan of Action for Children, which provides the framework for promoting regional cooperation for the survival, protection and development of the ASEAN child.

c. Earlier in January 1992, the Fourth Association of South East Asian Nations Summit, which was held in Singapore, decided to extend Association of South East Asian Nations functional cooperation to include efforts to work towards the development of children so that they may realize their full potential.

Definition of the Child
(Art. 1 of the Convention)

8. Please explain the reasons for the difference between the cut-off age for statutory rape which is less than 12 years of age wherein elements of force or intimidation and consent need not be present (para. 30 of the report) and the minimum age for marriage which is 18.

In statutory rape, what is presumed is that a twelve-year old, being of tender age, is utterly innocent of the ways of the world, that she cannot give voluntary consent and does not have a will of her own with regard to the sexual act. On the other hand, the reason why the law does not allow those below 18 years of age to enter into marriage is that they are considered as being too young to understand what marriage is.

9. In paragraph 29 of the report it is stated that any marriage where either party is less than 18 years old is considered null and void from the beginning even with the consent of parents and guardians. Please provide further information on any difficulties encountered in the implementation of this provision of the Family Code.

Persons authorized to solemnize marriages who are located in remote ares may not have been reached by this information, and hence, may still be continuing to solemnize marriages where one, or more, of the parties is less than 18 years old.

10. Please provide information on the minimum age of sexual consent as well as the minimum age for legal and medical counselling without parental consent.

a. There has been no specification of a minimum age at which an individual is deemed as being qualified to give sexual consent. Implicitly, the minimum age for sexual consent is deemed to be 18 years, i.e., the age at which an individual may contract marriage.

b. Neither is there any specification of a minimum age, other than the age of majority, at which an individual may avail of legal or medical counselling without parental consent.

11. Please indicate whether any steps are foreseen to st an age for completion of compulsory education which would be in line with the minimum age for employment. (See paras. 33-34 of the report)

The minimum age for employment is specified as 15 years old, although children less than 15 years old may be allowed to work under the direct responsibility of their parents or guardians in any non-hazardous undertaking where the work will not in any way interfere with their schooling. The usual age for completing compulsory (elementary) education is 12 years. However, there are no steps yet to set an age for completion of compulsory education in line with the minimum age for employment.

General principles
(Arts. 2, 3, 6 and 12)

12. Information in paragraph 43 of the report, indicates the difficulties involved in realizing the implementation of article 2 of the Convention. In this regard please provide details of any measures, other than those of a legislative nature, undertaken to eliminate and prevent discriminatory attitudes and prejudices against the girl child, children born out of wedlock, disabled children, and indigenous and minority children.

a. The social welfare sector has undertaken the following measures: information and educational programs on gender legislation; policies, programs and services for the girls child, children with disabilities, and children in cultural communities (CICC); gender sensitivity training programs; and advocacy and training activities to change language/terms (labeling) which are discriminatory against children born out of wedlock.

b. In the school setting, special efforts are made to encourage female children, children born out of wedlock, and CICC to participate in student activities. Some modifications are made in school activities to take into account the capabilities of disabled children. Innovating teaching strategies are geared towards closer camaraderie not only to special categories of children but also to all school children. Pleasant but instructive experiences are also provided to nurture the feeling of importance to the individual child. The vision is to transform each one of them to be somebody capable of contributing to the well being of their own selves, family, community and of the larger group where they belong.

Civil rights and freedoms
(Arts. 7, 8, 13-17 and 37 (a) of the Convention)

13. Information in paragraph 62 of the report indicates that only about 70 per cent of total births are registered officially. Please explain the effect, if any, on the enjoyment of the rights of the child for the children that remain officially unregistered.

a. The rights of the child, such as his/her right to have a name, are not diminished by his/her not being recorded in the civil registrar.

b. However, a child who is not officially registered (or his/her parents) may experience difficulties in proving his/her civil status (i.e., filiation, legitimacy, citizenship, and others) in the future is he/she has not certificate of live birth. Further, other major aspects in which a child would need a birth certificate is when he/she starts schooling and later as an adult, a prerequisite for marriage.

14. Are any measures envisaged to remove the requirement of entering information on the civil status of parents from a child's birth certificate? (See para. 56 of the report)

There is no intention at this time to exclude from the certificate of live birth information as to whether or not the child's parents are married. This information is a legal necessity as it is used as a basis in determining the civil status of the child (i.e., whether legitimate or illegitimate. Under the Family Code of the Philippines, legitimate children do not have the same rights as the illegitimate children do not have the same rights as the illegitimate children, especially in terms of support, inheritance, name, and parental authority.

15. Please provide information on the progress achieved with regard to the measures being taken to improve birth registration particularly by members of cultural communities. (See para. 61 of the report)

The following measures have been undertaken to improve birth registration among cultural communities:

a. Establishment of civil registration system for Muslim Filipinos. Administrative Order No. 2, Series of 1993 was issued by the President in February 1993 establishing a civil registration system for Muslim Filipinos. Administrative Order No. 2 supplements Administrative Order No. 1 focusing on the Filipino Muslims. Trainings of the Civil Registrars on these orders had been conducted already. Forms for the use of the Muslims in relation to Administrative Order No. 2 has been printed and distributed to concerned Civil Registrars has started. Furthermore, manuscripts on Administrative Order No. 2 is being prepared.

b. Advocacy on free registration of vital events. Presidential Proclamation No. 326 was issued on February 14, 1994 declaring free registration of births, deaths, marriages and foundlings as a State policy and encouraging local government units to eliminate existing registration fees. The Office of the Civil Registrar- General believes that having free registration is one way of encouraging the people, especially those in the rural and depressed areas, to register vital events.

c. Conduct of information dissemination. This is being undertaken by the field offices of the Office of the Civic Registrar-General and by local civil registry offices, particularly among members of ethnic cultural communities.

16. Is corporal punishment allowed in schools or other institutions for children? What specific legal provisions exist to protect children from being ill-treated? Are there complaint procedures which can be used by children themselves against such violations?

a. Corporal punishment is not allowed in schools or other institutions for children.

b. Legal provisions exist to protect children from being ill-treated. These include the following;

(1). The Child and Youth Welfare Code specifies that criminal liability shall attach to any parent who inflicts cruel and unusual punishment upon a child or deliberately subjects him/her to indignities and other excessive chastisement that embarrass or humiliate him/her.

(2). The Special Protection of Children Act also states that criminal liability shall attach to any person who shall commit any other acts of neglect, abuse, cruelty or exploitation or be responsible for other conditions prejudicial to the child's development including those covered by Article 59 of the Presidential Decree No. 603, as amended.

(3). The Revised Penal Code described the crimes of serious physical injuries, less serious physical injuries, and slight physical injuries and prescribes the penalties therefore.

c. Procedures exist which can be used by the children themselves in cases of violations. The Special Protection Act states that complaints on cases of unlawful acts committed against children as enumerated therein may be filed by the children themselves, among others. Children are encouraged to report any abuses done against them through the "Bantay Bata Hotline", the Crisis Intervention Centers of the Department of Social Welfare and Development field offices, the Philippine National Police, and/or the Baranguay Councils for the Protection of Children.

d. The Bureau of Public Schools Service Manual, under the topic of School Discipline, specifies that the use of corporal punishment by a teacher (slapping, jerking or pushing a pupil about), imposing tasks as penalty, and meeting out cruel and unusual punishment of any nature, are forbidden, and constitute a cause for dismissal.

e. Corporal punishment is not allowed in institutions for children. The Department of Social Welfare and Development child/youth caring institutions strictly enforce this policy. This policy is also complied with by Non-Government Organizations which operate institutions for children/youth, as this is a part of the criteria for their accreditation by Department of Social Welfare and Development.

Family environment and alternative care
(Art. 5, 18 paras. 1 and 2, 9, 10, 27 para. 4,
20, 21, 11, 19, 39 and 25 of the Convention)

17. Please provide information on the number, if any, of reported cases of statutory rape of children under 12 years of age and of sexual abuses committed against children over the age of 12. In the light of article 39 of the Convention, please provide details of the progress achieved in the implementation of measures and priorities for the recovery and rehabilitation of children who have suffered from such violations. (Para. 245 of the report)

Data available does not specifically state as statutory rape, but in 1993, there were 149 cases of sexual abuse to children with age bracket from 0-12 years. The Department of Social Welfare and Development has institutions wherein children are being rehabilitated according to their needs.

18. Table 6 on page 26 of the report shows the number of families served by different kinds of programmes. What percentage do these figures represent of the total number of families in need of such programmes?

Hereunder is the most recent data on the number of families served by the different kinds of programmes. However, the assessed number of families needing the programmes is constrained by the social worker and outreach team's limitations as to geographical coverage and available resources.

SERVICES TARGET SERVED PERCENTAGE

Family Life 659,428 461,797 70%
Enrichment
Service

Responsible 1,568,411 1,477,926 94%
Parenthood
Service

Rehabilitation 163,102 88,282 54%
Parenting
Service

Solo Parents 147,450 63,924 43%

19. What percentage do the number of children served by the type of interventions shown in table 7 represent in terms of the total need for such services?

There is no available figure on the number of abandoned children and of children in the other categories cited, hence no percentage can be established.

20. Please provide further information on the ways and means by which the priorities, set out in paragraph 101 of the report, as regards parental guidance and responsibilities are to be implemented.

a. Implementation priorities for the next five years will include the following:

Support to the expansion of the outreach of existing programs of implementing agencies:

- Non-Government Organization Interlinking/Technical Assistance regarding the implementation of Parenting programs

- Advocacy, Training, Technical Assistance and Monitoring of Local Government Units implementation of programs

22. Is research undertaken into the problem of ill-treatment and sexual abuse of children, including into any social factors which may influence such violations?

a. A number of Non-Government Organizations have conducted some small studies on sexual abuse of children, as well as on children with psycho-social problems;

b. An attempt is being made by Department of Social Welfare and Development to build up a data profile on child victims of sexual abuse and ill-treatment;

c. The research agenda of the Department of Social Welfare and Development for 1994 - 1995 includes an in-depth study on incest. The research study shall be done in two phases. This first phase is a sort of an exploratory research, wherein activities shall include, demographic profiling, review of related literatures and finding out the factors that lead to the committing of incest. These activities shall serve as guide for the department to have a view on the situation of these victims. The second phase is the conduct of the in-depth research on the impact of incest to the child-victims.

23. Please provide more details of the Bantay-Bata (Child Watch) Hotline project, referred to in paragraph 122 of the report.

a. The Bantay-Bata Hotline Project (Child Watch) was conceived by the Department of Social Welfare and Development in 1990 with the following general objectives:

** To generate public awareness and understanding on the plight of abused, abandoned, neglected and exploited children as well as measures being undertaken to address this problem.

** To enable the public to advocate, promote and protect the rights of children.

** To enable the public to get involved in project/activities designed to prevent child abuse and exploitation.

Under the Project, the Department of Social Welfare and Development has established partnerships with ABS-CBN TV station and UNICEF.

b. In 1992, 2,419 cases were reported to and through the Hotline and acted upon by the Police, the Department of

- Coordination, collaboration and training assistance to field implementors

- Linkages with community organizations through the Local Government Units

- Training of Community Volunteers on parental guidance and responsibilities

Development of Effective Parenting Programs

- Holding of Parent Education Congresses at the Barangay, Municipal, Provincial, Regional and National Levels

- Federation of Parent Effectiveness Associations

- Development and Advocacy for the Utilization of Radio as a Means of Reaching out to more Families.

b. Design of and conduct of training on Family Life Programmes to cater to specific target groups, such as those with children in institutional care or with disabilities.

c. Researches on current funds for Family Life.

d. Development of modular sessions on Parent Effectiveness Service addressing to special needs of special group e.g. disabled and streetchildren.

21. Have programmes been adopted to prevent and reduce the abandonment of children and, if so, are such programmes adequate?

a. Services on family counselling, livelihood, and skills training are provided to parents to encourage and help enable them to meet the needs of their children in their homes and prevent separation. In the case of children who are already in institutions or in foster care, the child should not be alienated from his/her parents. Contact between them and their parents through letters and visits is encouraged. Corresponding family counselling and related services are also provided to prepare the child and the family for the child's return to the home.

b. Present programs to prevent and reduce abandonment are still inadequate due to resource constraints. Social Welfare and Development and other partner agencies of the Project.

c. Problems encountered include information dissemination to the public on the Bantay Bata Hotline Project in the remote areas and the irregular submission of reports from the regions.

24. In view of the information contained in paragraphs 123 and 124 of the report concerning implementation priorities to address the problem of child abuse and neglect, please indicate any progress made in this area and whether there is a need for technical assistance or international cooperation in this regard.

a. On January 10, 1994, the Department of Justice created a Task Force on Protection of Children Against Abuse to be responsible for the evaluation of filed or referred complaints. The Task Force determines whether the evidence submitted in support of the complaints is sufficient to warrant the prosecution of the case. The same task force likewise handles the prosecution of the case. The evaluation and handling of a case, however, is handled by two different prosecutors.

b. On its part, the Department of Social Welfare and Development, with its limited resources, has conducted training/workshops for police officers and social workers along provisions of the law against child abuse, proper handling of cases of Children in Especially Difficult Circumstances, understanding the dynamics of child victims and rehabilitation/psychosocial interventions.

c. There is a need for technical assistance and international cooperation. The Department of Social Welfare and Development is negotiating with the Swedish Save the Children through BITS technical training on rehabilitation of sexually abused children, their families and the perpetrators.

Basic health and welfare
(Art. 6 para. 2, Arts. 23, 24, 26 and 18 para. 3,
Art. 27 paras. 1-3 of the Convention)

25. Please provide information on the family planning measures taken and the beneficiaries of such measures and the occurrence and treatment of HIV infection among children and parents as well as measures to prevent AIDS.

a. The family planning program in the Philippines has been revitalized as a health intervention program aimed to improve the welfare of families particularly mothers and children. It focuses its efforts in providing Family Planning information and services necessary for clients of reproductive age to plan their families according to their own beliefs and circumstances and to their health needs and aspirations. It is viewed in the context of Women's Health, Safe Motherhood and Child Survival and is founded on informed free choice.

b. The goal of the program is universal access to family planning information and services. While majority of Filipinos are aware of family planning, many do not have access of quality family planning service. The following measures among others, therefore, are being undertaken as follows:

** Institutional Development/Service Deliver - to make service outlets reliable providers of quality Family Planning services i.e. they provide wider range of medically safe, legally acceptable family planning methods.

** Information, Education and Communication - to make households not only aware of the Family Planning but have information on where to access services, how to make one's own choice and the role of men in responsible parenthood. Likewise messages for adolescents concerning responsible sexuality are made available.

c. The beneficiaries of the program are the married women of reproductive age (15 -49 years old) who constitute 15% of the total population, for Family Planning services and Family Planning information. Women of reproductive age (25% of the total population) on the other hand, are beneficiaries of Family Planning information.

d. On the HIV/AIDS, latest report from the Department of Health HIV/AIDS Registry show that the cumulative totals from 1984 to June 1994 is 531 for HIV positive and 150 for AIDS cases, 86 of which have already died. Of the 531 HIV positives, 11 belong to age group 30-44, 39 to the age group 45 and above and 67 are of unknown ages. With regard to sex disaggregation of the 531 HIV positive, 252 are female and 272 are males.

e. The Sun Lazaro Hospital and the Research Institute for Tropical Medicine have been designated as clinical centers which provide an array of services for diagnosis and treatment of the opportunistic infections affecting AIDS cases, including counselling of cases and of their families and friends, spiritual and alternative livelihood.

Children born of HIV infected mothers are serially followed-up to establish the possibility of perinatal transmission. Frank AIDS cases are also admitted for treatment.

In as much as in the next few days it is expected that AIDS cases will increase, thus overloading these centers, activities are now undergoing to improve the capabilities of all regional services to HIV- and AIDS cases.

f. The Department of Health realizes that education remains the only strategy to slow down the current HIV/AIDS epidemic. As such, prevention and control remains the top priority of the national program. There are four (4) main strategies to address the epidemic:

1. Prevention of Sexual Transmission

a. Promotion of Responsibilities Sexual Behavior

b. Improved Diagnosis and Treatment of Treatable Sexually Transmitted Diseases

c. Promotion of safer sexual behavior

2. Prevention of Transmission Through Blood/Blood Products and Donated Organ Tissues

a. Promote Rational Use of Blood/Blood Products for Transfusion

b. Promote Safe Blood Supply

c. Prevention of Transmission Through The Use of Unsterilized Injection Equipment and other Skin-Piercing Instruments

3. Prevention of Vertical Transmission of HIV and other Sexually Transmitted Disease Infections

a. Prevention of Sexual Transmission of HIV/STDs in Women

b. Provide Information to HIV Infected Women and Discordant Couples

c. Provide access to Health and Social Care to Women with HIV Infection and/or other Sexually-Transmitted Diseases

4. Reduction of Personal and Social Impact on AIDS-Related Status

26. Please provide further details on the steps being taken to expand the reach of existing health programmes to the most disadvantaged groups and to develop mechanisms for the regular monitoring of the health and nutrition status of children in the country. (See para. 144 of the report)

a. To expand the reach of existing health programs to the most disadvantaged groups, a number of measures are being implemented:

** Collaboration with Non-Government Organizations and other private sector

(Example: the Department of Health provides free vaccines, oresol, contraceptives to Non-Government Organizations and private clinics)

** Use of community-based worker in the provision of services

(Example: Volunteers can dispense oresol to cases of diarrhea; they can do community-based weighing of children, etc.)

** Outreach - The Rural Health Midwives goes to far-flung baranguays to provide services, mass immunization, etc.

b. Use of Information, Education and Communication and Interpersonal Communication to generate demand for the services and to inform corresponding population segments on the means of preventing disease and promoting health. (Example: Home Care for diarrhea, etc.)

The Mechanisms for the Regular Monitoring of the Health and Nutrition Status of Children are:

1. The health and nutrition status of children regularly monitored using the Growth Monitoring Card.

** For the 0-12 months, monitoring done monthly at the health center

** For the 1-5 years old children, monitoring done quarterly at the community

2. Immediate intervention is provided to children when screening shows health or nutrition problems.

3. Information, Education and Communication and Health Education is done to emphasize the importance of growth monitoring and early intervention. Mothers are taught to do the growth monitoring and health screening.

4. Mothers who do not bring their children for growth monitoring or those who do not monitor their children's growth themselves are identified using the master list. The midwives or volunteers do the outreach.

27. With reference to information contained in paragraph 149 of the report, please indicate the measures being taken to establish day care centers in a further 23,752 baranguays.

a. The Department of Social Welfare and Development has undertaken a number of advocacy efforts towards this end:

(1). for local government units to allocate funds for the creation of day-care centers and for the creation of positions/granting of honoraria for day care workers;

(2). for Congressmen and Senators to allocate funds for the same purposes from their Countryside Development Fund;

(3). for the establishment of day care centers in government offices, private industrial organizations, and church social action centers.

b. It has also mobilized Non-Government Organizations, parents, and other concerned individuals in this regard.

c. These efforts continue.

28. How is the Government planning to overcome the problems of lack of data on the disabled (para. 160 of the develop programmes at the report)? What measures are being undertaken to develop programmes at the community level for the prevention of disabilities?

a. Concerned Departments and other line agencies are being encouraged to develop projects which would evolve the needed data through the inclusion of these projects in their respective monitoring systems.

b. The Philippine Agenda for Action on the Asian and Pacific Decade of Disabled Persons, once finalized, will be disseminated nationwide to serve as guide and provide directions for all organizations/agencies for/of persons with disabilities.

This will include actions at the community level for the prevention of disabilities.

c. Further, with regard to the prevention of disabilities, education and information campaigns are currently being undertaken by the National Council for the Welfare of Disabled Persons in collaboration with tri-media agencies/offices nationwide.

Education, leisure and cultural activities
(Arts. 28, 29 and 31 of the Convention)

29. Table 5 (see page 15 of the report) indicates a reduction in participation rate for elementary education from 87.9 in 1980 to 84.81 in 1990. What are the reasons for this reduction?

A possible cause of the reduction in the participation rate in elementary school from 87.9% in 1980 to 84.81% in 1990 is the temporary dislocation of school children due to the series of natural and man-made calamities which hit various parts of the country in 1990. These include the killer earthquake in Luzon, flash floods and typhoons in the Visayas, and armed conflict in Mindanao.

30. What is being done to facilitate school attendance in remote areas? What has been the result of measures taken to prevent children from dropping out of school or engaging in employment? Has the double/triple shift school system shown success in providing working children with the possibility of continuing their education? Is education given to working children of a formal or a non-formal nature? What is the proportion of working children who do not benefit form any form of education?

a. A specific thrust of the Department of Education, Culture and Sports for the period 1994 - 1996 is to have an elementary school in every barangay, including the most remote areas, and a high school in every municipality. This is expected to facilitate school attendance for those in remote areas. From SY 1990-1991 to SY 1993-1994, there was a 1.69% increase in the government and 23.65% increase in the number of elementary schools. Many of the additional schools were in remote areas.

b. The Drop-Out Intervention Program was implemented on a pilot basis in selected low-income municipalities in SY 1990-1991 and 1991-1992. Four treatments were used in the program: multi-level materials (MLMs) -assisted instruction; school feeding; MLM-assisted instruction with parent-teacher partnership (PTP); and school feeding-with-PTP. The use of these interventions led to a decrease in dropout rate of as much as 9.6% in one school. The school feeding-with-PTP intervention was seen as the one which had the greatest effect on decreasing the drop-out rate.

c. The double-triple shift school system has demonstrated success in enabling working children to continue with their education. Having a third shift in the high school system enables working children to attend regular classes.

d. Working children avail of both formal and non-formal education. One objective of non-formal education is to bring back children into the formal stream and enable them to finish secondary education. In some ares, the DECS has launched a School on the Air which is being used as an alternative learning intervention.

e. No data is available on the proportion of working children who do not benefit from any form of education.

31. Please indicate whether children may be taught in local/indigenous languages.

a. Local/indigenous languages are used in teaching Social Studies and Values Education subjects. Other subjects are taught in English. This is true in both elementary and high school levels.

b. In preschool and in Grade I, the vernacular is used as an auxiliary language in all subjects to facilitate learning.

32. In view of the information contained in paragraph 25 of the report that the Department of Education, Culture and Sports has developed instructional materials for teaching children's rights, please indicate to what extent school curricula have been adjusted to give room for education about the Convention. In addition, what steps have been taken to integrate the subject of human rights into non-formal education programmes?

a. The teaching of child rights has been integrated into the secondary curriculum from first to fourth year. These are included in the teaching of Social Studies and Home Economics subjects.

b. At the elementary level, the rights and responsibilities of the child are included in the Sibika and Kultura textbooks. Supplementary materials have also been developed to support teaching of human rights and the Convention on the Rights of the Child.

c. The concepts of human rights and Convention on the Rights of the Child have also been integrated into a number of non-formal education programs which are being implemented by the Department of Education, Culture and Sports, specifically the Bureau of Non-Formal Education.

Special protection measures
(Arts. 22, 30, 32-40 of the Convention)

33. In paragraph 6 it is mentioned that the Special Protection Act provides for the protection of children in difficult situations including those under armed conflict. Please explain why there is no reference to this Act in the information contained in table 3 of the report. (See pages 10 to 12 of the report).

Mention of Children in Especially Difficult Circumstances under the Special Protection Act in Table 3 was inadvertently missed in the final print-out of the Report. Please see corrected matrix. Note that aside from the added reference to Children in Especially Difficult Circumstances under the Special Protection Act, the matrix hereunder includes five additional references, shown encircled.

	LAWS ON GENERAL APPLICATION		LAWS SPECIFICALLY FOR CHILDREN
AREAS/RIGHT	CONSTITUTION	CIVIL CODE/ FAMILY CODE	REVISED PENAL CODELABOR CODELOCAL GOVERNMENT CODECHILD & YOUTH WELFARE CODESPECIAL PROTECTIONDAY CARER.A. 7658 Law prohibiting the Employment of Minor OTHERS
FAMILY ENVIRONMENT AND ALTERNATIVE CARE
a. Parental Guigance Responsibilities	+	+	+ + + + +
b. Children Deprived of a Family Environment, Adoption and Periodic Review	+	+	+ +
c. Illicit Transfer and Non-Return	+		++
d. Abuse and Neglect	(+)	+	(+)+++
BASIC HEALTH AND NUTRITION
a. Survival and Development/ Health and Health Services	+	+	++++1.3
b. Social Security and Child Care Services	+		(+)+
c. Disabled Children	(+)	+	3
d. Standard of Living	+	+	+

	LAWS ON GENERAL APPLICATION		LAWS SPECIFICALLY FOR CHILDREN
AREAS/RIGHT	CONSTITUTION	CIVIL CODE/ FAMILY CODE	REVISED PENAL CODELABOR CODELOCAL GOVERNMENT CODECHILD & YOUTH WELFARE CODESPECIAL PROTECTIONDAY CARER.A. 7658 Law prohibiting the Employme nt of Minor OTHERS
EDUCATION, LEISURE AND CULTURAL ACTIVITIES
. Education Vocational Training & Guidance/Aims of Education	+	+	+ + + 4,5
. Leisure and Cultural Activities	+		+ +
SPECIAL PROTECTION MEASURES
. Children in Situation of Emergency * Emergency * Refugee Children * CSAC			+
. Children in Conflict with the law			+
. Children in Situation of Exploitation including Physical & Psychological Recovery & Social Reintegration
* Economic Exploitation including Child Labor * Drug Abuse * Sexual Exploitation & Abuse * Sale Trafficking & Abduction			+ + + ++ ++ + + ++ 6
. Children belonging to Indigenous Groups	(+)		+

	LAWS ON GENERAL APPLICATION		LAWS SPECIFICALLY FOR CHILDREN
AREAS/RIGHT	CONSTITUTION	CIVIL CODE/ FAMILY CODE	REVISED PENAL CODELABOR CODELOCAL GOVERNMENT CODECHILD & YOUTH WELFARE CODESPECIAL PROTECTIONDAY CARER.A. 7658 Law prohibiting the Employme nt of Minor OTHERS
CIVIL RIGHTS AND FREEDOM
a. Right to Name & Nationality	+	+	++++
b. Preservation of Identity Nationality & Family Relations	+	+	+ + + +
c. Freedom of Expression	+	+	++++
d. Freedom of Thought	+	+	++
e. Freedom of Asso. & Peaceful Assembly	+	+	+++
f. Right to Protection of Privacy	+		+++
g. Access to Appropriate Information	+		++
h. Right not to be subjected to torture & other cruel, unhuman or degrading treatment	+	(+)	+ + +

34. Please indicate the progress achieved, if any, in implementing the Philippine Plan of Action for Children, as it relates to children in situations of armed conflict.

The major organized effort for assisting children in situations of armed conflict is the Children in Situations of Armed Conflict program under the GOP-UNICEF Third Country Program for Children.

a. Under this program, over the period 1991 - 1993, basic health, nutrition and education services were provided directly to 61,295 children in situations of armed conflict. A total of 300,000 children benefitted indirectly from the improved delivery systems in at least 451 barangays. Varied types of services were provided to children, their families and communities.

b. Advocacy efforts on children in situations of armed conflict resulted in the enactment of the following legal instruments and administrative directives:

** R.A. 7610 - Special Protection of Children Against Child Abuse, Exploitation, and Discrimination Act - Article X specifically deals with children in situations of armed conflict.

** Presidential Memorandum No. 398 and Memorandum Circular No. 139 providing for the policy and guidelines on the delivery of goods and services in the countryside.

** Armed Forces of the Philippines Memorandum on the Protection of Children in Armed Conflicts which reiterates the policy of protecting children and other civilians in the area of operation and accepted as policy measures like "corridors of peace" and "days of tranquility" to allow services to reach children.

** Presidential Memorandum Order No. 393 and its implementing rules directing the Armed Forces of the Philippines and the Philippine National Police to reaffirm their adherence to the Principles of Humanitarian Law and Human Rights in the conduct of security/police operations.

c. Efforts were also done to address the root causes of the problem of children in situations of armed conflict such as follows:

** Incorporated the Convention on the Rights of the Child in the trainings in the Human Rights and International Humanitarian Law (IHL) among 3,004 officers of the officers' corps of the Armed Forces of the Philippines and Philippine National Police.

** Dialogues were held with ranking officials of the Department of National Defense and the Armed Forces of the Philippines which yielded guidelines for field personnel to ensure protection of children during operations.

** Introduced Children in Situations of Armed Conflict specific measures in the Child and Youth Welfare Code through the enactment of the Child Protection Act by Congress. These amendments are geared to the protection of children in armed conflict situations.

** Held conferences, roundtable discussions and dialogues with local officials, media, teachers, the church, and other strategic sectors. Produced brochures, advocacy materials and a video documentary in the effort to disseminate knowledge and raise awareness on children's rights and welfare.

d. The project monitoring of Children in Situations of Armed Conflict was done on a fairly regular basis by local program partners to determine the progress implementation and identify and solve problems encountered. The regional Children in Situations of Armed Conflict committees assume the lead role in monitoring with Local Government Units implementors providing support. On a regular basis, inter-agency committee members join the local implementors in visits to project areas. Monitoring visits served as a good opportunity for project implementors to look into the situation of children in situations of armed conflict. Project evaluation is usually undertaken at the middle and terminal phases of the programme. However, weaknesses in documentation and reporting presented difficulties in the evaluation process.

e. The concept of "Children as Zones of Peace" is defined as the protection of services and institutions to safeguard children, and safety for service providers to reach children during times of conflict. This concept is further defined by various laws and regulations on Children in Situations of Armed Conflict rights.

35. Please provide further information on the system of the administration of juvenile justice and, in particular, on the following matters:

a. The Juvenile Justice in the Philippines applies to criminal justice to persons below 18 years of age, through the cooperation of and linkages between the five pillars of the Criminal Justice System (Law Enforcement, Prosecution, Courts, Corrections and Community).

Juvenile Justice includes the prevention of the commission of offenses; the protection of the minor offended party; the application of intervention measures to prevent entry or intercept further entry of the youth offender into the formal penal system; the compassionate treatment and rehabilitation of the youth offender within the penal system; the adjustment of the released youth offender within the community to prevent reentry into the penal system; and the application of due process for youth offenders who are incorrigible.

b. What are the measure taken to ensure that the deprivation of liberty is used as a measure of last resort and for the shortest period of time?

(1). The five pillars of the Philippine Criminal Justice System have important roles to play in the administration of justice in meeting the varying needs of the youth and the protection of his/her rights.

(2). As the community, when a youth commits a misdeamor or an offense, the youth is referred to the Barangay Chairperson (Village Head) who initiate conciliation/mediation between the youth and his parents, and the offended parties. If the problem is not settled during the conciliation, the youth is referred to the Lupong Tagapamayapa or adjudication body for further action on or resolution of the problem. The age of the youth is determined, his/her parents notified and measures are exhausted to settle the case at the village level to prevent the youth from entering the criminal justice system. Only those not resolved at the village level are forwarded to the law enforcement agency/police.

(3). Further, the Child and Youth Welfare Code contains at least three provisions in this regard. These states that:

(a). A youth offender held for physical and mental examination or trial pending appeal, if unable to furnish bail, shall from the time of his/her arrest be committed to the care of the Department of Social Welfare and Development, the local rehabilitation center, or a detention home in the province or city, which shall be responsible for his/her appearance in court whenever required. The court, may, in its discretion upon recommendation of the Department of Social Welfare and Development or other agencies authorized by the Court, release a youthful offender on recognizance to the custody of his/her parents or other suitable person who shall be responsible for his/her appearance whenever required.

(b). If after hearing the evidence in the proper proceedings, the court should find that the youth offender has committed the acts charged against him/her, the court, shall determine the imposable penalty, including any civil liability chargeable against him/her. However, instead of pronouncing judgment of conviction, the court shall suspend all further proceedings and shall commit such minor to the custody or care of the Department of Social Welfare and Development, any training institution operated by the Government, a duly licensed agency, or any other person, until he/she shall have reached twenty-one years of age or, for a shorter period, as the court may deem proper, after considering the reports and recommendations of the Department of Social Welfare and Development or the agency or responsible individual under whose care he/she has been committed.

(c). If it is shown to the satisfaction of the court that they youth offender whose sentence has been suspended, has behaved properly and has shown his/her capability to be a useful member of the community, even before reaching the age of majority, upon recommendation of the Department of Social Welfare, it shall dismiss the case and order his/her final discharge.

c. What opportunities are there for young law offenders in custody to contact their relatives?

The Bureau of Jail Management and Penology (under the Department of Interior and Local Government) takes the initiative of informing the parents or relatives of young offenders under custody. If the youth offenders desire to get in touch with their parents or relatives, the latter are informed. Visiting by their parents or relatives at any time of the day, subject to jail regulations, are likewise allowed.

d. How are the conditions in institutions for young law offenders monitored and what complaint procedures exist in case of the ill-treatment of children in such institutions?

(1). The conditions in institutions for youth offenders in jails are monitored by the different jail wardens. These reports include medical/psychological data and the evaluation and recommendation of the Bureau's social workers. Monitoring the conditions of youth offenders who are in institutions under the supervision of the Department of Social Welfare and Development is done by the Senior Social Workers.

(2). There are existing complaint procedures in case of ill-treatment of children in such institutions. For those in jail, these will then be investigated by a duly designated officer in each jail, who then recommends to the Jail Warden whatever action need to be taken against the disposes of minor cases. The procedures call for the elevation of serious cases to the Chief of the Bureau.

To date, however, there has yet been no case of a minor offender which has been brought to the attention of the Bureau Chief.

In case of ill-treatment of youthful offenders in institutions, the procedure would be for the concerned Department of Social Welfare and Development field office to determine what sanction to give to the personnel under their supervision.

e. What further measures are being undertaken to develop programs and services for the physical and psychological recovery and social reintegration of juvenile offenders and for training personnel providing such services? Is there a need for international cooperation in this regard?

(1). A pilot project on the use of community volunteers is being implemented in selected areas to strengthen the community-based treatment and rehabilitation of delinquent youth and youth offenders.

(2). Skills of senior social workers in the management of youth offender cases are being enhanced. Training and orientation of police officers in this regard continues.

(3). There is a need for international cooperation in this regard, particularly in the intensification of the implementation of the Beijing Rules and the Riyadh Rules. Further, participation in international trainings in dealing with the youth offenders is an identified need.

36. Please provide further information on the effectiveness of measures taken to prevent and protect children who work or live in the streets from being abused or exploited.

a. "Street educators" have been fielded under the Street Education Program which is being implemented by the National Project on Streetchildren. This project is a collaborative effort of government with the different non-government organizations. Their main task is to protect the children who live and/or work on the streets and train them to be responsible adults. Non-formal education, including value formation, is provided to these children. Approximately, 84,000 street children have been through this program, which also aims at organizing the street children into cells or groups so they can assist and help protect each other in their daily struggles.

b. The National Council of Social Development is implementing continuing advocacy efforts in this regard among policemen and other law enforcers, volunteers, church groups, and the community at large.

37. With reference to information contained in paragraphs 249 to 251 of the report, please provide details on the number, if any, of repatriated children who had been the victims of trafficking to another country in 1992/1993 and the progress achieved in preventing the sale, trafficking and abduction of children.

As mentioned in the Report, the key strategy which was adopted by the Government to guard against trafficking is the enforcement of a requirement that any child travelling without his or her parents must first secure clearance from the Department of Social Welfare and Development. In 1992, 421 such minors, 4 (about 1%) were denied clearance. In 1993, of 723 such minors, 101 (about 14%) were denied clearance. Reasons for not granting clearance include: forced travel documents, lack of consent of parents, presentation of fake papers, and inconsistent information provided. Data presented were from two (2) out of the three (3) international airports in the Philippines.

38. What measures are being taken to ensure the promotion and protection of the rights of children of Philippine migrant workers?

The Overseas Workers Welfare Administration has the following measures to ensure promotion and protection of the rights of children of Philippine migrant workers:

a. Community Organizing

This program provides mechanism for OCWs and their families to be actively involved in the development and the implementation of programs in response to their needs and problems. To date, there are one hundred (100) OCW organizations formed/maintained nationwide with a total membership (clients reached) of four thousand eight hundred fifty-five (4,855).

Through Community Organization Work of OWWA in the regions, OCW Groups/Associations/Cooperatives are also engaged in activities that promote and protect children of migrant workers such as:

a. Cooperative Feeding Program
b. Barangay Day Care Center
c. Sports Competition of Youth
d. Value Formation Seminar for Youth
e. Medical Dental Assistance

b. Skills for Employment Scholarship Program

This program provides seabased or landbased workers or their dependents the chance to acquire (a) specialized technical or vocational skills and (b) baccalaureate courses in response to the current and future needs of the local and foreign labor markets.

The scholarship covers actual cost of tuition fees and monthly stipends. In the Baccalaureate Courses, additional allowance include clothing, books and school supplies.

To date, six thousand four hundred two (6,402) have availed of the Technical/Vocational Courses since the conception of the program in 1983. Only one has been qualified to take the baccalaureate degree since its implementation in 1993.

39. With reference to paragraph 240 of the report, please provide further details of the advocacy efforts undertaken to increase awareness of the rights of the child to be protected against sexual exploitation or abuse.

Advocacy efforts undertaken in this area include:

a. Post approval of the Child Protection Act, fora and consultations were conducted to discuss the situation of children and relate the newly passed law's relevance towards responding to the protection problems of the children in the area. Sexual abuse and exploitation was one of the more common concerns in these fora. Participants in these consultations were law enforcement representatives (police), fiscals, social workers, non-government agency heads, community leaders and other concerned groups. To date, the Department of Social Welfare and Development has held fora in five regions. The rest of the regions will have theirs within the year.

b. Demonstrations and mass prayer rallies to denounce sexual exploitation of children have been held in public plazas. These involved government and non-government agencies that either directly work for or advocate for these children. Salinlahi, a non-government organization alliance of child serving Non-Government Organizations, the Defence for Children International-Philippine Section, the End Child Prostitution in Asian Tourism (ECPAT), Gabriela, and the Stop Trafficking of Pilipinos (STOP) are some of the more vigilant non-governmental organizations most active in these rallies. Advocacy of these groups are directed to local government officials towards more concrete action on problems in the area.

c. The Defence for Children International - Philippine Section conducts investigations and documentation of cases of sexual exploitation reported to them. They coordinate with relevant government bodies for specific action on these children's plight.

�1996-2001
Office of the United Nations High Commissioner for Human Rights
Geneva, Switzerland