ANNEX 4: CWC Priority Legislative Agenda for the 17th Congress

By virtue of Presidential Decree No. 603 (Child and Youth Welfare Code), as amended, the
Council for the Welfare of Children (CWC) was created and mandated to coordinate the
implementation and enforcement of all laws, to formulate, monitor and evaluate policies,
programs and measures for children.

As the focal inter-agency body of the Philippine Government for children, these functions also
cover our adherence to international standards and instruments where we are part of. Given such
mandate, it is also inherent for CWC to be able to identify issues and/or trends on children that
can be responded through the formulation of policies and/or legislation/s.

Among these instruments where the Philippines is a State Party are the Convention on the Rights
of the Child (CRC) and the International Covenant on Civil and Political Rights (ICCPR) ,
where it is required to undertake all appropriate legislative and other measures for the
implementation of children’s rights. Significantly, the UN Committee on the Rights of the Child
(UN ComRC) in its latest concluding observations/recommendations to the Philippines’ 3 rd and
4th Implementation Report welcomed the positive developments that were aimed at protecting
and promoting the rights of children.

However, the same Committee remains concerned that efforts still need to be done to bring
national legislation into full conformity and harmony with the CRC’s provisions and principles
and urged the Philippines as a State Party to make every effort to address the previous
recommendations that have been partly, insufficiently or not have implemented at all including
those relating to the minimum age of sexual consent, discrimination against children born out of
wedlock, prohibition of corporal punishment and other forms of violence in the home, schools, in
public and private institutions and in the alternative care system.

In response to these observations/ recommendations of the UN ComRC and that of the Working
Group on the Human Rights Council’s during the 2 nd cycle of the Universal Periodic Review and
in fulfillment of its functions, the CWC continually and periodically develops the Legislative
Agenda for Children as basis for the enactment of laws that not only give priority to children but
address the prevailing and emerging issues and concerns on them. It also serves as basis for
advocacy to both the legislative and executive branches of government for developing
corresponding legislative and policy measures that would respond to issues and concerns on
them.

Based on the CWC Secretariat’s continuing review on policies (in consultation with CWC
partner agencies) and based on the last Implementation Report on CRC, the following items that
would need to be carried as among the priority legislative agenda for children in the 17 th
Congress are:

1. Anti-Corporal Punishment (Promoting Positive and Non-Violent Discipline of

Children);**
2. Minimum Age of Sexual Consent (Increasing the Age of Statutory Rape);*
3. Removing the Distinction/Discrimination Against Illegitimate Children*
 4. Strengthening of the Council for the Welfare of Children;
5. Special Protection of Children in Armed Conflict;
6. Protection of Children with Disabilities

* Part of the Concluding Observation of the UN ComRC under Legislation in the 1 st Compliance
Report

** Part of the Concluding Observation of the UN ComRC under Legislation in the 2nd t
Compliance Report

1. Calling for the Prohibition of Corporal Punishment

Corporal punishment is the deliberate infliction of pain and suffering, usually physical,
intended to change a person's behavior or to punish them, especially on children. In the
Philippines, corporal punishment is used on children at the home, but prohibited at school.
The parents use belts, their hands, and caning to discipline their children. Presidential
Decree No. 603 (The Child and Youth Welfare Code) says that parents have the right to
discipline their child as may be necessary to form his or her good character, particularly
obedience.

However, the Committee recommended that States parties to the CRC, the Philippines among
them, to prohibit corporal punishment, including humiliating or degrading punishments and
other forms of violence against children. To punish the child, even in the context of
discipline, through physical, emotional or psychological harm is clearly a violation of the
most basic of human rights. Research has found that corporal punishment is
counterproductive and relatively ineffective, as well as dangerous and harmful to the child’s
physical, psychological and social well being. Thus, it recommends the prohibition of
corporal punishment in the home, in the school, in the institutions, at work and in detention
centers.

2. Increasing the Age of Statutory Rape.

The age for our present law on statutory rape is 12 years old. However, this is not a deterrent
as studies show that there are more reported rape cases committed against children between
ages 13–15 years old. To give the law more teeth, it is proposed to amend the said law by
raising it from the age of 12 to 16 years old. Pegging the age higher will provide greater
protection against child abuse as more violators will be covered as its coverage will be
expanded. Also, the victims will have more courage to pursue their cases rather than suffer
silently. Their cases can be proven easily as the only requirements to ensure conviction are
carnal knowledge and the victim being under 16. With these, offenders will have second
thoughts in committing such crime against children below 16 years old.

3. Removing the Distinction/Discrimination Against Illegitimate Children

While recognizing efforts on addressing the concerns on the discrimination of illegitimate

children, such as the enactment into law of Republic Act Nos. 9255 and 9858 (on allowing
 illegitimate children to use their father’s surname and on the legitimation of children born to
parents below marrying age, respectively), the Committee remains concerned with the
Philippines at the lack of legislation with regard to the unequal status of children born out of
wedlock, particularly with regard to their right to inherit and their discriminatory
classification as “illegitimate”.

Thus, the Committee requests the Philippines to review and enact 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”.

4. Strengthening of the Council for the Welfare of Children (CWC)

The Committee noted that Executive Order 806 (June 8, 2009) affirmed CWC’s mandate and
that the CWC continues to be the focal inter–agency body for children in the Philippines with
the mandate to coordinate the implementation and enforcement of all laws, policies,
programs and measures for children. noted that Executive Order 806 (June 8, 2009) affirmed
CWC’s mandate and that the CWC continues to be the focal inter–agency body for children
in the Philippines with the mandate to coordinate the implementation and enforcement of all
laws, policies, programs and measures for children. Also, it welcomes the State party’s
initiatives to address the lack of implementation at the local level through the establishment
of Local Councils for the Protection of Children (LCPCs) at barangay, municipal, city and
provincial levels, as well as of 17 Regional Committees/Sub–committees for the Welfare of
Children (RC/SCWCs), linking the national government with the local government units
(LGUs). However, the Committee expressed its concern at the lack of human and financial
resources allocated to the CWC, LCPCs and RSCWCs which may prevent the effective
functioning of such mechanisms.

Thus, the Committee urges the Philippines to continue and strengthen its measures to
improve the coherence of efforts on behalf of children, especially the effective coordination
between existing bodies, namely the CWC and the Philippine Human Rights Committee
(PHRC), taking into account their specific status and competencies. The Committee
recommends strengthening the authority of the CWC as the main coordination body for
children and ensuring the allocation of adequate human, financial and technical resources for
the CWC in particular as well as the LCPCs and the RSCWCs to ensure the effective
functioning of such mechanisms. The Committee also encourages the State party to establish
LCPCs in the remaining barangays, municipalities, cities and provinces in order to achieve
full territorial coverage.

5. Protecting Children Affected by Armed Conflict.

Republic Act No. 7610 provides that children, especially in situations of armed conflict, are
zones of peace. It also provides the rights and treatment of children who are arrested relative
to armed conflict. However, the Committee finds the ambiguity of the said law, particularly
in Article 10. It prohibits recruitment of children into armed groups, while it does not
provide sanctions for doing so. Thus, it recommends that the Philippines takes legislative
measures to address such ambiguity, especially in the light of the provisions of the Optional
 Protocol to the CRC on the Involvement of Children in Armed Conflict. It further
recommends that it ensures such children are not treated as children in conflict with the law.

The Committee also calls to strengthen existing measures aimed at the demobilization of
such recruited children, their physical and psychological recovery and social reintegration as
they are also victims. These include measures to address the situation of displacement of
children and to ensure their access to social and health services, education and to
development. This is also in accordance with the International Humanitarian Law.

6. Protection of Children with Disabilities

The repeated concerns of children with disability (CWD) focus primarily on early detection
and intervention, education of CWD, accessibility, and the provision of government services
such as health among others.

Hence, compulsory disability screening of children and the inclusion of “disability

component” in all programs and services of the government is being called for. The
screening will respond to the national issue of non-identification of disability among children
and the high cost of a formal diagnosis of disability. The disability component will address
non-inclusion of disability in the mainstream programs and services of the government and
will promote basic knowledge and understanding on disability and the different issues related
to disability.