CRC/C/15/Add.259
page 3
Legislation
8.
The Committee takes note of the relatively advanced legal framework and it is
encouraged by many legislative initiatives, new laws enacted and legislative amendments
adopted which aim to better protect and promote the rights of the child. The Committee is
deeply concerned, however, about the insufficient implementation of laws, particularly at the
local level. The Committee also notes that domestic legislation does not fully conform to all
provisions and principles of the Convention.
9.
The Committee recommends that the State party take all necessary measures to
ensure the full and effective implementation of its domestic laws in order to better protect
the rights of the child and harmonize its legislation fully with the provisions and principles
of the Convention, for example with regard to the existing minimum age of criminal
responsibility and children in conflict with the law.
National Plan of Action
10.
The Committee welcomes the launching of a National Strategic Framework Plan for the
Development of Children 2001-2025, known as Child 21, and the holistic approach adopted to
address child rights issues and related progress and shortcomings. The Committee is concerned
that the existing monitoring mechanisms are insufficient to monitor and evaluate the
implementation of the Plan in a coherent way. Furthermore, the Committee is concerned about
the limited awareness of the Plan and its objectives at the local level.
11.
The Committee recommends that the State party take all necessary measures,
inter alia, by providing adequate human, financial and technical resources, for the
full implementation of the National Strategic Framework Plan for the Development
of Children 2001-2025 and ensure a rights-based, open, consultative and participatory
process for the implementation of the Plan, paying particular attention to the
implementation of the Plan at the local level. In this regard the Committee recommends
that the State party fully support the National Council for the Welfare of Children by
providing it with the necessary resources to enable it to effectively coordinate the activities
related to the implementation of the Plan and monitor and evaluate this implementation
process. In addition, the State party is urged to promote as much as possible the
establishment of local councils for the protection of children, particularly in the cities,
municipalities and barangays (smallest unit of local government), provided with adequate
resources to be important instruments in the implementation of the Plan, in particular, and
the Convention on the Rights of the Child, in general. The Committee also recommends
that the State party seek technical assistance from, among others, the United Nations
Children’s Fund (UNICEF), in the course of the implementation process.
Independent monitoring
12.
The Committee welcomes the establishment of the Philippines Commission on
Human Rights (PCHR) in 1997, with the mandate to independently promote and monitor the
implementation of human rights and notes that some other bodies are also given a monitoring