CRC/C/15/Add.259
page 6
requests the State party to review its domestic legislation in order to secure their right to
equal treatment, including their right to equal inheritance and abolish the discriminatory
classification of those children as “illegitimate”.
22.
The Committee requests that specific information be included in the next
periodic report on the measures and programmes relevant to the Convention on the
Rights of the Child undertaken by the State party to follow up on the Durban Declaration
and Programme of Action adopted at the World Conference against Racism, Racial
Discrimination, Xenophobia and Related Intolerance and taking account of the
Committee’s general comment No. 1 (2001) on the aims of education.
Right to life
23.
The Committee expresses its serious concern about violations of the right to life of
children, inter alia, due to the internal armed conflict. The alleged cases of extrajudicial killings
of children by military soldiers in Bulan, Sorsogon, in 2004 and by so-called death squads in
Davao and Digos cities during recent years give cause for very serious concern.
24.
While noting that the provisions of the Revised Penal Code (Republic Act No. 3815) and
the Act to Impose the Death Penalty on Certain Heinous Crimes, which amended the Revised
Penal Code (Republic Act No. 7659), explicitly prohibit the imposition of the death penalty on
persons below the age of 18 years at the time the crime was committed, the Committee expresses
its deep concern at the cases where children, that is persons below the age of 18, have been
placed on death row without definite proof of their age.
25.
The Committee also notes with concern the deficiencies in the reporting system of
newborn deaths and stillbirths due to limited access to civil registrars.
26.
Referring to article 6 and other relevant articles of the Convention, the Committee
urges the State party to make every effort to reinforce protection of the right to life,
survival and development of all children, inter alia, by taking effective measures to prevent
extrajudicial killings of children and to investigate thoroughly all alleged cases of killing
and bring perpetrators to justice.
27.
The Committee also urges the State party to take all necessary steps to prevent the
execution of children sentenced to death and replace their death sentences with sanctions
which are in compliance with the Convention and the United Nations Standard Minimum
Rules for the Administration of Juvenile Justice (the Beijing Rules) (General Assembly
resolution 40/33). The State party should also take immediate legislative and other
measures to oblige authorities, such as police, prosecutors, defence, judges and social
workers, to present evidence in courts regarding the precise age of an accused person, or if
failing to do so give a person the benefit of the doubt, in order to ensure that persons
under 18 years of age are not sentenced to death or another adult punishment.
28.
As regards reporting of newborn deaths and stillbirths, the Committee recommends
that the State party facilitate access to civil registrars, particularly in the remote areas of
the country.