CRC/C/15/Add.259
page 10
4. Family environment and alternative care
Parental responsibilities
44.
As regards parental responsibilities for the upbringing and development of the child, the
Committee is concerned about many Philippine children living with loose family ties due to the
fact that at least one parent is working overseas.
45.
The Committee calls for effective implementation of the Act to Institute the Policies
of Overseas Employment and Establish a Higher Standard of Protection and Promotion of
the Welfare of Migrant Workers, Their Families and Overseas Filipinos in Distress, and
for Other Purposes (Republic Act No. 8042) and recommends to the State party that it take
all necessary measures to ensure that overseas Philippine workers, equally women and
men, are able to meet their parental responsibilities, including through concluding bilateral
agreements with the countries of destination, and facilitate family reunification and a
stable family environment for the upbringing of children. In addition, the Committee
recommends that the State party continue its efforts to develop and provide child-sensitive
family counselling services for overseas Philippine workers and their children.
Recovery of maintenance
46.
While noting the high number of Philippine children with a parent or both parents
working overseas, the increasing number of Philippine children born abroad during overseas
migration and the cases where paternity has not been established, the Committee is concerned
that the State party has not sufficiently ensured the recovery of maintenance in practice. The
Committee is concerned about the insufficient implementation of domestic laws, for example the
relevant provisions of the Family Code and the Special Protection of Children against Child
Abuse, Exploitation and Discrimination Act, and the enforcement of court orders in this respect.
In addition, the Committee is concerned at the actual implementation of, and in some cases, the
absence of bilateral agreements for reciprocal enforcement of maintenance orders.
47.
The Committee recommends that the State party secure in practice the recovery
of maintenance for the child. As regards parent(s) working abroad, the Committee
encourages the State party to conclude bilateral agreements for reciprocal enforcement
of maintenance orders and consider establishing a fund to secure the payment of
maintenance in those cases where the recovery of maintenance fails.
Foster care and adoption
48.
The Committee welcomes the ratification by the State party of the Hague Convention on
Protection of Children and Cooperation in Respect of Intercountry Adoption and notes with
appreciation the provisions of the Intercountry Adoption Law (Republic Act No. 8043) and the
Domestic Adoption Law (Republic Act No. 8552). The Committee takes note with concern that
the Government bill on the Foster Care Act has been pending in Congress for several years. The
Committee is concerned that the lengthy process of declaring a child for adoption results in a
prolonged stay in an institution. The Committee also notes with concern that intercountry
adoption is not used as a last resort.