United Nations
E/C.12/PHL/CO/5-6
Distr.: General
Economic and Social Council
26 October 2016
Original: English
Committee on Economic, Social and Cultural Rights
Concluding observations on the combined fifth and sixth periodic reports of
the Philippines *
1.The Committee on Economic, Social and Cultural Rights considered the combined fifth and sixth periodic reports of the Philippines
on the implementation of the International Covenant on Economic, Social and Cultural Rights (E/C.12/PHL/5-6) at its 65th and 66th
meetings (E/C.12/2016/SR.65 and 66), held on 28 and 29 September 2016, and adopted the following concluding observations at
its 78th meeting, held on 7 October 2016.
A.Introduction
2.The Committee welcomes the submission of the combined fifth and sixth periodic reports of the State party and the supplementary
information provided in the replies to the list of issues (E/C.12/PHL/Q/5-6/Add.1). The Committee appreciates the constructive
dialogue held with the State party’s high-level interministerial delegation.
B.Positive aspects
3.The Committee welcomes the adoption by the State party of:
(a)The Responsible Parenthood and Reproductive Health Act of 2012 (No. 10354);
(b)The Anti-Enforced Disappearances Act (No. 10353), in 2012;
(c)The Act amending the Migrant Workers and Overseas Filipinos Act of 1995 (No. 10022), in 2010;
(d)The Magna Carta of Women (No. 9710), in 2009.
4.The Committee also welcomes the ratification by the State party of the Optional Protocol to the Convention against Torture and
Other Cruel, Inhuman or Degrading Treatment or Punishment, in 2012.
C.Principal subjects of concern and recommendations
Domestic application of the Covenant
5.The Committee notes with concern that the Bill of Rights contained in the Constitution does not fully or explicitly recognize
economic, social and cultural rights. While noting some judgments of the Supreme Court in which reference was made to the
Covenant, the Committee regrets that the direct application of the Covenant by domestic courts, particularly lower courts, remains
rare.
6.The Committee recommends that the State party take all appropriate measures to ensure the protection of economic,
social and cultural rights at the constitutional level, to institutionalize writs of amparo concerning the Covenant rights,
and to ensure that those rights are protected by the domestic courts at all levels. It also recommends that the State party
enhance training for judges, lawyers and public officials on the Covenant. The Committee draws the State party’s
attention to its general comment No. 9 (1998) on the domestic application of the Covenant.
Data collection
7.The Committee is concerned at the lack of reliable data, including in the national census, particularly data relating to indigenous
peoples, persons with disabilities and people living in poverty.
8. The Committee recommends that the State party take all measures necessary to review and improve its datacollection system, including its national census, with a view to collecting comprehensive, reliable and disaggregated data.
That will enable the assessment of the level of enjoyment of Covenant rights, particularly by disadvantaged and
marginalized individuals and groups, including indigenous peoples, persons with disabilities and people living in poverty.
Such data are required in order to track progress in the realization of those rights and to design effective and targeted
measures to increase enjoyment of them.
Commission on Human Rights of the Philippines