Committee on the Rights of the Child: Philippines
Session 052 (2009)
(22 October 2009, CRC/C/PHL/CO/3-4, Concluding observations on third/fourth report, paras. 10, 11, 12, 42 and 43)
"The Committee urges the State party to make every effort to address the previous recommendations that have been partly, insufficiently or not implemented at all, including those relating to the minimum age of sexual consent, discrimination against children born out of wedlock, child pornography, the prohibition of torture and the prohibition of corporal punishment and other forms of violence in the home, schools, in public and private institutions and in the alternative care system....
"While noting a number of legislative initiatives in the State party, the Committee remains concerned at the lack of legislation with regard to the prohibition of corporal punishment....
"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 to harmonize its legislation fully with the provisions and principles of the Convention, including through the expeditious adoption of the Anti-Corporal Punishment Act (Bill No. 682)...
"While noting that the Anti-Corporal Punishment Bill which prohibits corporal punishment in all settings is currently under discussion, the Committee reiterates its concern that corporal punishment in the home is not explicitly prohibited by law and that a provision on corporal punishment is not included in the Child and Youth Welfare Code. The Committee also expresses its concern at the prevalence of corporal punishment against children in society, in particular in the home and regrets that no comprehensive study on this issue has been undertaken, as recommended by the Committee in its previous concluding observations (CRC/C/15/Add.25, para. 42).
"The Committee urges the State party to:
a) enact the Anti-Corporal Punishment Bill to explicitly prohibit by law corporal punishment in all settings, including in the home, schools, alternative childcare, places of work and places of detention;
b) intensify its awareness-raising campaign to sensitize and educate parents and families, guardians and professionals working with and for children on the harmful effect of such practices, promote the use of alternative and non-violent forms of discipline in a manner consistent with the child’s dignity and in accordance with the Convention, especially article 28, paragraph 2;
c) undertake a comprehensive study on the nature and extent of corporal punishment in different settings; and
d) take due account of the Committee’s General Comment No. 8 (2006) on the right of the child to protection from corporal punishment and other cruel or degrading forms of punishment."Read more from Session 052 (2009)
Session 039 (2005)
(21 September 2005, CRC/C/15/Add.259, Concluding observations on second report, paras. 41, 42 and 43)
"While noting the State party’s efforts to prohibit the use of corporal punishment in schools, prisons, institutions and forms of childcare by implementing various relevant provisions, the prevalence of corporal punishment in society gives cause for serious concern. The Committee is concerned that a provision for corporal punishment is not included in the Child and Youth Welfare Code and regrets that corporal punishment in the home is not explicitly prohibited by law.
"In the light of its general comment No.1 (2001) on the aims of education and the recommendations adopted by the Committee on its day of general discussion on violence against children within the family and in schools (see CRC/C/111), the Committee reiterates that corporal punishment is not compatible with the provisions of the Convention and it is inconsistent with the requirement of respect for the child’s dignity, as specifically required by article 28, paragraph 2, of the Convention. Therefore, the Committee recommends that the State party prohibit by law all forms of corporal punishment in the home, in schools and in private and public institutions, in the juvenile justice system and the alternative care system.
"The Committee recommends to the State party that it conduct a comprehensive study to assess the nature and extent of corporal punishment in different settings, including the home environment. Furthermore, the Committee recommends that the State party sensitize and educate parents, guardians and professionals working with and for children by carrying out public education campaigns about the harmful impact of violent forms of ‘discipline’ and promote positive, non-violent forms of discipline as an alternative to corporal punishment.Read more from Session 039 (2005)