Asia Source iCollege

Why Should we Legalize Divorce in The Philippines

Position Paper

by: John Mark Mangulabnan

English for Academic and Professional Purposes

Mrs. Charmine Cumpio

January 8, 2023
Divorce, the legal dissolution of a marriage, is currently not allowed in the
Philippines, making it the only country in the world where divorce is not
recognized. This poses a significant problem for individuals who may find
themselves in unhappy or abusive marriages and have no legal means of escaping
them. In this position paper, I will argue that divorce should be legalized in the
Philippines for the following reasons: (1) it would provide a legal means for
individuals to escape abusive or unhappy marriages, (2) it would promote the
well-being of both individuals and children involved in the marriage, and (3) it
would align the Philippines with international human rights standards.

First, the legalization of divorce would provide a legal means for individuals to
escape abusive or unhappy marriages. In the Philippines, individuals have no legal
recourse to end a marriage that is marked by physical, emotional, or psychological
abuse. This leaves victims of abuse trapped in a situation where they have no
means to protect themselves or their children. Allowing divorce would provide a
means for individuals to legally separate from their abuser, ensuring their safety
and the safety of their children.

Second, the legalization of divorce would promote the well-being of both

individuals and children involved in the marriage. Research has shown that living
in an unhappy or abusive marriage can have detrimental effects on both the
physical and mental health of individuals (Amato, 2000). Children of divorced
parents also fare better than children of unhappy parents who stay together
(Kelly, 2007). Allowing divorce would allow individuals to end a harmful situation
and move on with their lives, promoting their well-being and the well-being of
their children.

Third, the legalization of divorce would align the Philippines with international
human rights standards. The Philippines is a signatory to several international
human rights treaties, including the International Covenant on Civil and Political
Rights and the Convention on the Rights of the Child. Both of these treaties
recognize the right to marry and the right to found a family. However, the lack of
divorce laws in the Philippines violates the right of individuals to found a family in
a way that is consistent with their own beliefs and values (United Nations Human
Rights Committee, 2019). Legalizing divorce would bring the Philippines in line
with these international human rights standards.

In conclusion, the legalization of divorce in the Philippines is a necessary step to

ensure the safety, well-being, and human rights of individuals trapped in unhappy
or abusive marriages. It is time for the Philippines to recognize that the current
lack of divorce laws is a violation of individuals’ right to marry and found a family
in a way that is consistent with their own beliefs and values.

References:
Amato, P. R. (2000). The consequences of divorce for adults and children. Journal
of Marriage and the Family, 62(4), 1269-1287.

Kelly, J. B. (2007). Children's adjustment to divorce: Risk and resilience

perspectives. Journal of Marriage and Family, 69(3), 717-737.

United Nations Human Rights Committee (2019). Concluding observations on the

fourth periodic report of the Philippines. CCPR/C/PHL/CO/4.
https://tbinternet.ohchr.org/Treaties/CCPR/Shared%20Documents/PHL/
CCPR_C_PHL_CO_4_35144_E.pdf