51.The Committee is concerned that abortion is criminalized under any circumstance in the State party. That results in a growing
number of unsafe abortions and very high maternal mortality rates, including among adolescents. The Committee is also concerned at
the amendment to the Penal Code that provides for increased penalties for those practising abortions. It is further concerned at the
high level of unwanted pregnancies and at the limited access to reproductive health information and services, including contraceptives,
particularly among adolescents and women in rural areas, despite the Responsible Parenthood and Reproductive Health Act of 2012.
Those limitations have been exacerbated by judicial decisions and local laws such as Executive Orders Nos. 003 (2000) and 030
(2011) of Manila City and Executive Order No. 3 (2015) of Sorsogon City, and by the delisting of emergency contraception (arts. 3
and 12).
52. The Committee recommends that the State party take all measures necessary to reduce the incidence of unsafe
abortion and maternal mortality, including by amending its legislation on the prohibition of abortion to legalize abortion in
certain circumstances. It also recommends that the State party improve access to sexual and reproductive health
information and services, including contraceptives, and relist emergency contraceptives. The judicial and executive
orders adopted in that regard should be lifted, since they are incompatible with the requirements of the Covenant and
other international obligations undertaken by the State party. The Committee further recommends that the State party
expand and strengthen comprehensive, age-appropriate sexual and reproductive health education for both sexes, taking
note of the recommendations issued by the Committee on the Elimination of Discrimination against Women in 2015 in its
inquiry report (CEDAW/C/OP.8/PHL/1, paras. 49-52). The Committee draws the attention of the State party to its
general comment No. 22 (2016) on the right to sexual and reproductive health.
Policy towards drug users
53.The Committee is deeply concerned that declarations made by high-ranking officials in the context of the so-called “war on drugs”
may be seen as encouraging and legitimizing violence against drug users, including extrajudicial killings. Indeed, the number of
extrajudicial killings of drug suspects has drastically increased in recent months and a large number of people have been arrested and
detained in already overcrowded prisons. Poor neighbourhoods and individuals have been disproportionately affected in that process.
The Committee is also concerned that the criminalization of the possession and use of drugs hinders persons in need of treatment from
receiving such treatment, and the Committee regrets the shortage of treatment centres that provide evidence-based health services,
such as opioid substitution therapies. Moreover, the Committee is concerned at the high prevalence of HIV/AIDS and hepatitis C
among people who inject drugs (art. 12).
54. The Committee urges the State party to put a stop to extrajudicial killings and all forms of violence against drug
users; to promptly and thoroughly investigate all reported cases and punish the perpetrators with sanctions
commensurate with the gravity of the crime; and to take all measures necessary to ensure that the fight against drug
trafficking does not have a discriminatory impact on the poor and marginalized. The Committee recommends that the
State party reconsider the criminalization of the possession and use of drugs; adopt a right-to-health approach to drug
abuse with harm reduction strategies, such as syringe exchange programmes; and increase the availability of treatment
services that are evidence-based and respectful of the rights of drug users.
Right to education
55.While welcoming the important step achieved by the Enhanced Basic Education Act of 2013, the Committee is concerned at:
(a)The insufficient level of resources allocated by the State party to financing school facilities and qualified teachers, and to ensuring
the effective enjoyment of the right to free primary and secondary education for all;
(b)The proliferation of so-called “low-cost private schools” at the primary and secondary levels owing to inadequacies in the public
school system, which have extended to the senior high school level through the Senior High School Voucher Programme;
(c)The low quality of education provided by those private schools, the top-up fees to cover the full cost of private education imposed
on parents, and the lack of State regulation of those schools, which have led to segregation and discriminatory access to education,
particularly for disadvantaged and marginalized children, including children living in rural areas;
(d)The high percentage of children with disabilities who are not fully included in the education system (arts. 13 and 14).
56. Recalling that the State has the primary responsibility in ensuring the right to education, the Committee recommends
that the State party take all the measures necessary to:
(a) Strengthen its public education sector, including by increasing the budget allocated to primary and secondary
education with a view to improving access to, and the quality of, primary and secondary education for all, without hidden
costs, particularly for children of low-income families and children living in rural areas;
(b) Ensure that all schools, including low-cost private schools, are registered and monitor their compliance with the
Implementing Rules and Regulations of the Enhanced Basic Education Act of 2013 and other relevant guidelines;
(c) Review the Education Service Contracting scheme to address its adverse impacts on the right to education of
disadvantaged and marginalized children and their parents;
(d) Improve access to inclusive education for children with disabilities.
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