What: (UNCRPD 2014) Persons With Disabilities Sensitivity Dialogue With Media Practitioners... Where: Luxent Hotel (51 Timog Avenue, South Triangle 1103 Quezon City, Philippines)... When: June 30, 2014 - Monday... What Time: 8:00 A.M. - 5:00 P.M. ...

2.
U.N. Convention on the Rights of
Persons with Disabilities
A
Parallel
Report
submitted
to
the
Committee
on
the
Rights
of
Persons
with
Disabilities
on
the
implementation
of
the
Convention
in
the
Republic
of
the
Philippines
from
2008-­‐2013
by
the
Philippine Coalition on the U.N. Convention on the Rights
of Persons with Disabilities
6
December
2013
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3. 2
This
report
is
produced
by
the
Philippine
Coalition
on
the
U.N.
Convention
on
the
Rights
of
Persons
with
Disabilities
with
support
from
the
Australian
aid
program
in
the
Philippines.
The
findings,
interpretations,
and
conclusions
expressed
in
this
report
do
not
necessarily
reflect
the
views
of
the
Australian
Government.
Cover
photos
Dennis
Rhoneil
C.
Balan
Book
design
Rhodora
M.
Gonzalez
Jakiri
S.
Sarmiento
Style
Editing
Perpilili
A.
Tiongson

4. 3
TABLE OF CONTENTS
Introduction
4
Part
1.
Implementation
of
UNCRPD
since
2008
7
Background
7
Article
1:
Purpose
7
Article
2:
Definitions
8
Article
3:
General
Principles
9
Article
4:
General
Obligations
10
Article
5:
Equality
and
Non-­‐Discrimination
11
Article
6:
Women
with
Disabilities
12
Article
7:
Children
with
Disabilities
13
Article
8:
Awareness
Raising 16
Article
9:
Accessibility 16
Article
10:
Right
to
Life 18
Article
11:
Situations
of
Risk
and
Humanitarian
Emergencies 19
Article
12:
Equal
Recognition
Before
the
Law 20
Article
13:
Access
to
Justice 22
Article
14:
Liberty
and
Security
of
the
Person 24
Article
15:
Freedom
from
Torture
or
Cruel,
Inhuman
or
Degrading
Treatment
25
Article
16:
Freedom
from
Exploitation,
Violence
and
Abuse 27
Article
17:
Protecting
the
Integrity
of
the
Person 29
Article
18:
Liberty
of
Movement
and
Nationality 30
Article
19:
Living
Independently
and
Being
Included
in
the
Community 31
Article
20:
Personal
Mobility 32
Article
21:
Freedom
of
Expression
and
Opinion,
and
Access
to
Information 33
Article
22:
Respect
for
Privacy 34
Article
23:
Respect
for
Home
and
the
Family 35
Article
24:
Education 36
Article
25:
Health 38
Article
26:
Habilitation
and
Rehabilitation 39
Article
27:
Work
and
Employment 40
Article
28:
Social
Protection 43
Article
29:
Participation
in
Political
and
Public
Life 45
Article
30:
Participation
in
Cultural
Life,
Recreation,
Leisure
and
Sport 46
Article
31:
Statistics
and
Data
Collection 48
Article
32:
International
Cooperation 49
Article
33:
National
Implementation
and
Monitoring 50
Part
2.
Overall
Landscape
of
Rights
of
Persons
with
Disabilities
in
the
Philippines
Notes
on
CRPD
Compliant
Budgeting
52
53

5. 4
INTRODUCTION
1
The
Coalition
on
the
U.N.
Convention
on
the
Rights
of
Persons
with
Disabilities
was
initially
organized
in
2010
and
formally
constituted
in
February
2011.
The
core
group
is
currently
comprised
of
over
twenty
disabled
people’s
organizations
(DPOs)
and
nongovernment
organizations
(NGOs),
covering
various
disability
constituencies,
and
several
national
federations.
These
include
persons
with
visual,
hearing,
speech,
mobility,
intellectual,
psychosocial,
multiple,
extensive,
chronic
illness
disabilities.
The
Coalition
as
a
whole
represents
over
65,000
Filipinos
with
disabilities.
2
Communication
within
and
among
these
national
organizations
/
federations
on
disability
rights
has
been
going
on
informally
for
decades.
However,
it
is
only
in
the
past
year,
with
the
creation
of
the
Coalition,
that
these
consultations
have
been
formalized.
Ongoing
regional
/
provincial
consultations
across
the
7,000
islands
are
a
major
activity
of
the
Coalition.
Aside
from
these
grassroots
workshops,
feedback
from
remote
areas
are
through
internet
and
mobile
phone
communications.
Other
prominent
activities
of
the
Coalition
include:
policy
review
of
domestic
law
in
the
context
of
international
commitments,
disability
budget
analysis,
engagement
with
various
national
and
local
government
agencies
for
participation
in
public
finance,
and
legislative
lobbying
with
Congress
and
Senate.
Individual
disability
member
organizations
also
participate
in
local
projects,
programs
and
services
directly
impacting
their
constituency.
3
The
framework
for
human
rights
for
all
Filipinos
is
anchored
in
the
Philippine
Constitution,
from
which
the
executive,
legislative
and
judicial
branches
of
government
draw
their
mandates
and
scope
of
responsibilities.
The
Constitution
also
provides
for
the
creation
of
the
independent
Commission
on
Human
Rights
to
monitor
government
compliance.
4
There
have
been
at
least
twelve
disability-­‐related
laws
and
executive
orders
since
the
1950s.
However,
these
have
faced
challenges
of
implementation,
monitoring
and
budgetary
appropriations
(1).
5
The
Presidential
Philippine
Human
Rights
Committee
was
also
directed
to
formulate
the
National
Human
Rights
Action
Plan.
Human
rights
entities
down
to
the
grassroots
include
inter-­‐agency
councils
(on
trafficking,
juvenile
justice,
violence
against
women
and
children,
and
others),
offices
in
the
Armed
Forces,
Philippine
National
Police
(including
Women’s
&
Children’s
Desks),
and
barangay
human
rights
action
centers.
The
Katarungang
Pambarangay
(Village
Justice
System)
assists
in
dispute
settlement
under
the
Local
Government
Code.
Particular
justice
systems
are
also
present
for
Indigenous
Peoples
and
Muslim
Filipinos.
6
The
Philippines
has
also
ratified
U.N.
core
treaties
including
the
Optional
Protocols
of
the
CEDAW
and
CRC.
It
must
be
noted
that
the
Optional
Protocol
of
the
U.N.
Convention
on
the
Rights
of
Persons
with
Disabilities
(UNCRPD)
has
not
been
ratified.
The
National
Human
Rights
Action
Plan
was
formulated
two
years
ago
but
it
has
not
been
approved
by
the
current
administration.
The
government
has
also
legislated
human
rights
laws
pertaining
to
the
rights
of
other
vulnerable
sectors
such
as
women,
children,
indigenous
peoples,
migrant
workers,
and
older
persons.
7
The
Philippines
has
a
vibrant
human
rights
movement
comprised
of
many
NGOs
and
peoples’
organizations
covering
a
wide
range
of
advocacies.
Civil
society
is
a
strong
political
force
as
vanguards
of
human
rights
as
well
as
providers
of
programs
and
services.
Within
the
sector
of
persons
with
disabilities,
civil
society
entities
are
frequently
the
frontlining
and
/
or
sole
advocates
for
policy
reform
and
sustainable,
grassroots
development
which
are
targeted
through
innovative
and
nonbureaucratic
strategies.
About the
Coalition
Overall Human
Rights
Situation in
the Philippines

6. 5
8
Statistics
on
persons
with
disabilities
According
to
the
2000
census,
there
are
942,098
Filipinos
with
disabilities
who
make
up
1.23%
of
the
population.
This
includes
the
following
impairments:
visual,
hearing,
speech,
mobility,
intellectual,
psychosocial,
extensive
and
various
low
incidence
impairments.
Half
of
the
sector
are
female,
and
children
and
youth
comprise
significant
proportions.
Through
the
past
three
decades
however,
the
incidence
of
disability
has
been
reported
variably
by
different
entities
leading
to
serious
doubts
on
overall
accuracy.
National
statistics
have
been
a
longstanding
concern
as
national
/
local
legislation
and
policy
rely
heavily
on
documented
numbers
of
disadvantaged
Filipinos
to
justify
appropriations
for
programs,
activities
and
services.
In
a
developing
country
where
public
finances
are
subject
to
many
limitations,
budgets
for
various
vulnerable
sectors
will
at
times,
compete
with
each
other,
and
other
national
priorities.
9
The
majority
of
persons
with
disabilities
are
in
the
rural
areas.
The
poverty
threshold
in
2007
for
persons
with
disabilities
in
Metro
Manila
(in
the
National
Capital
Region)
was
reported
to
be
approximately
US$442
/
year;
or
about
$1/day.
In
this
independent
study
of
poverty
in
Metro
Manila,
the
proportion
of
employed
persons
with
disabilities
households
below
the
poverty
threshold
was
reported
to
be
36.5%
in
the
sample
(2).
Tracking
of
poverty
incidence
by
the
National
Statistics
Coordination
Board
from
2006
to
2009
sets
national
incidence
at
approximately
20%,
with
a
specific
estimate
for
the
National
Capital
Region
at
2.6%
(3).
Data
from
the
rural
areas
is
still
being
gathered.
10
The
only
existing
social
protection
mechanisms
are:
disability
benefits
/
pensions
for
those
who
are
employed
and
who
acquired
their
disability
while
working;
Philippine
health
insurance,
generally
afforded
only
by
persons
with
disabilities
who
have
employment;
and
a
20%
discount
on
transportation,
medicine,
medical
services,
and
services
in
eating
and
cultural
establishments.
Persons
with
disabilities
are
presumed
to
be
greater
risks
and
are
charged
higher
premiums
for
insurance.
There
are
no
disability-­‐specific
allowances
or
interventions,
considering
the
much
higher
cost
of
living
of
households
with
members
who
have
a
disability.
The
majority
of
persons
with
disabilities
are
unemployed
and
so
are
not
eligible
for
these
benefits
/
pensions
and
insurance.
Furthermore,
since
many
of
them
are
also
poor,
they
would
not
even
have
the
minimum
capacity
to
purchase
medicine,
medical
services,
etc.
in
the
first
place
so
that
they
can
avail
of
the
20%
discount.
This
20%
discount
is
not
available
in
areas
where
there
are
no
establishments
mandated
to
provide
such
discounts.
Also,
labor
market
programs
for
persons
with
disabilities
have
not
been
systematic
enough
to
have
a
significant
impact.
11
Data
collection
on
persons
with
disabilities
Throughout
the
years,
persons
with
disabilities
have
remained
largely
invisible
because
of
discrimination.
This
invisibility
has
been
the
cause
of
continual
marginalization.
Thus,
there
is
a
dire
lack
of
documentation
for
even
the
most
fundamental
information
about
Filipinos
with
disabilities.
The
fact
that
there
is
no
mention
of
any
disability
rights,
nor
any
participation
by
the
sector
in
the
1st
UPR
are
clear
evidence
of
this.
The
proposed
Freedom
of
Information
Bill
hopes
to
address
difficulties
in
accessing
data
for
the
effective
participation
of
all,
including
persons
with
disabilities.
12
This
lack
of
attention
to
the
human
rights
situation
of
the
sector
is
particularly
evident
in
access
to
justice.
In
2007,
the
Commission
on
Human
Rights
conducted
a
survey
of
41
national
government
agencies
regarding
persons
with
disabilities.
It
reported
57
victims
of
human
rights
violations
during
1987-­‐2006
(roughly
three
cases
a
year),
17.5
%
of
whom
involved
children
(4).
These
statistics
viewed
relative
to
the
cases
documented
for
a
single
disability
alone
for
only
the
past
five
years,
totaling
250
(see
Human
Rights
Situation
among
persons
with
disabilities)
point
to
great
disparities
in
national
documentation.
13
Data
has
not
been
gathered
sufficiently
nationwide,
e.g.,
regarding
the
number
of
rape
cases
against
persons
with
disabilities.
For
instance,
reported
rape
cases
of
all
other
women
have
largely
been
documented
only
for
the
National
Capital
Region.
14
By
and
large,
there
is
no
way
to
systematically
secure
information
about
cases
in
trial
courts
except
for
those
which
have
reached
the
Supreme
Court.
Request
for
assistance
by
civil
society
from
the
Supreme
Court
– Office
of
the
Court
Administrator
to
track
and
follow-­‐up
cases
involving
deaf
parties
for
instance,
have
Overall
Situation
of Persons with
Disabilities in
the Philippines
INTRO

7. 6
yielded
only
a
few
responses
from
the
lower
courts.
Without
information
on
the
status
of
these
cases,
or
mechanisms
to
secure
this
information,
the
pursuit
of
justice
by
persons
with
disabilities
becomes
very
difficult
and
pushes
them
even
deeper
into
marginalization.
15
Legislation
aside
from
the
generally
inadequate
implementation
of
disability
related
laws,
a
National
Plan
of
Action
for
the
Philippine
Decade
for
Persons
with
Disabilities
(2003-­‐2012)
formulated
by
the
(then)
National
Council
for
the
Welfare
of
Disabled
Persons,
which
is
based
on
the
Biwako
Millennium
framework,
has
not
been
fully
implemented.
16
Accessibility
in
various
areas
particularly
transportation,
the
physical
environment,
information
and
communication
are
major
concerns
of
the
different
disability
constituencies
in
both
urban
and
rural
locations.
17
Rehabilitation
Regional
and
provincial
hospitals
provide
some
rehabilitation
services
including
the
provision
of
assistive
devices.
However,
the
2010
Regional
Conference
on
ASEAN
and
disability
reports
that
less
than
1%
of
persons
with
disabilities
in
the
National
Capital
Region
are
able
to
access
center-­‐based
rehabilitation
services.
Furthermore,
since
most
service
facilities
are
concentrated
in
the
capital
i.e.,
Metro
Manila,
many
persons
with
disabilities
living
in
rural
and
isolated
communities
have
limited
access
to
any
form
of
rehabilitation
or
health
services
(5).
18
Describing
the
overall
situation
of
human
rights
reveals
violations
of
civil,
political,
cultural
and
economic
rights
as
undeniable
realities
in
the
lives
of
many
persons
with
disabilities.
These
violations
of
specific
rights
on
participation,
language
and
culture,
education,
work,
personal
mobility,
liberty
of
movement,
independent
living,
adequate
standard
of
living,
social
protection,
integrity
and
protection
against
violence,
and
access
to
justice
are
unrelentingly
experienced
in
the
home,
school,
the
workplace,
with
mass
media,
in
trial
courts,
places
of
recreation
and
leisure,
and
other
spaces.
Exclusion
and
discriminatory
practices
have
been
so
rampant
and
have
existed
for
such
a
long
time
that
it
has
covered
the
entire
sector
with
a
shroud
of
invisibility
which
has
to
date
been
very
difficult
to
overcome.
19
The
snapshot
of
the
current
human
rights
situation
among
persons
with
disabilities
in
the
Philippines
is
particularly
provocative
in
the
few,
or
even
single
reports
of
disturbing,
heinous
incidents.
One
set
of
these
incidents
almost
always
involve
women
and
young
girls:
rape
to
the
point
of
death;
gang
rape
by
as
many
as
ten
men;
rape
cases
of
girls
five
years
old
and
younger;
years-­‐long
incest
regularly
by
fathers;
sexual
violence
under
threat
of
deadly
weapons,
and
rape
by
a
religious
figure
or
teacher.
20
Another
set
of
disturbing
incidents
involve
cruel
and
inhumane
treatment
particularly
of
children
with
disabilities.
There
are
several
reports
of
children
being
battered
and
physically
abused
while
being
restrained,
chained
or
caged
by
their
own
parents.
21
Persons
with
disabilities
being
put
up
on
display
in
public
fairs
as
objects
of
novelty
because
of
their
physical
disfigurement
has
been
decreasing,
but
still
exists.
22
Persons
with
psychosocial
disabilities
are
kept
in
institutions
in
inhuman
and
despicable
conditions
which
takes
place
in
both
national
and
local
facilities.
23
Women
and
children
with
disabilities
who
live
on
the
streets,
or
face
sexual
assault
on
a
daily
basis,
including
several
prostituted
women
have
been
reported.
Women
with
disabilities
have
been
trafficked.
They
have
been
victimized
by
e-­‐VAW
(electronic
Violence
against
Women),
lured
into
online
pornographic
exposure
of
their
physical
condition
for
economic
reasons.
24
The
figures
on
gender-­‐based
violence
unearthed
among
deaf
women
and
girls
in
the
past
six
years,
and
particularly
this
last
year
epitomize
the
tip
of
the
iceberg
situation
that
likely
exists
across
all
the
disabilities.
Human Rights
Situation of
Persons with
Disabilities
INTRO

8. 7
Some
human
rights
violations
are
experienced
by
thousands
or
millions
of
persons
with
disabilities
while
other
heinous
incidents
are
experienced
by
one
or
a
few
persons
with
disabilities.
Systematic
efforts
for
data
gathering
and
documentation
on
a
national
basis
have
been
so
very
meager
and
this
has
caused
continuing
cycles
of
increasing
powerlessness
and
marginalization.
25
Notably,
the
organization
and
activities
of
this
Coalition
has
tremendously
changed
the
landscape
of
human
rights
for
Filipinos
with
disabilities
for
the
past
three
years.
Several
of
milestone
changes
in
education,
social
protection,
budget
advocacy
and
others
can
be
directly
attributed
to
the
activities
of
this
Coalition.
PART 1. IMPLEMENTATION OF UNCRPD SINCE 2008
26
The
Republic
of
the
Philippines
ratified
the
UN
Convention
on
the
Rights
of
Persons
with
Disabilities
(henceforth
the
Convention)
on
15
April
2008,
and
became
the
23rd
country
in
the
world
committed
to
fully
implement
all
of
the
provisions
of
this
binding
International
Treaty.
The
Convention
entered
into
international
force
on
3
May
2008,
becoming
binding
for
the
Republic
of
the
Philippines
on
May
15,
2008.
In
accordance
with
Article
35.1
of
the
Convention,
by
15
May
2010
the
Philippine
state
was
to
prepare
and
submit
the
state
report
that
represents
the
implementation
of
the
obligations
undertaken.
Till
this
day
however,
the
Philippines
has
not
even
finalized
its
official
report
and
signed
the
Optional
Protocol
of
the
Convention.
27
In
February
2011,
the
Philippine
organizations
of
persons
with
disabilities
with
the
support
of
the
International
Disability
Alliance
decided
to
form
the
Philippine
Coalition
on
the
UNCRPD
(henceforth
the
Coalition)
with
the
primary
aim
of
producing
the
Alternative
Report
on
the
state
of
the
implementation
of
the
Philippine
government
of
the
Convention.
The
Coalition
is
a
voluntary,
non-­‐hierarchic
group
based
on
the
agreement
to
cooperate
in
the
efforts
to
share
information,
manpower,
networks
and
skills
in
the
production
of
data
and
related
information
for
the
Alternative
Report.
28
Despite
the
delay
in
the
finalization
of
the
state
report,
the
Coalition
moved
on
towards
the
completion
of
the
Report
in
2013.
This
Parallel
Report
signifies
the
first
compilation
of
data
and
observations
by
the
Coalition.
It
shall
be
a
dynamic
and
evolving
document
enriched
by
experiences
of
persons
with
disabilities
and
disabled
peoples’
organizations
on
the
ground
until
the
eventual
review
of
the
State
by
the
CRPD
Committee.
It
is
the
contribution
of
this
Coalition
to
the
human
rights
movement
in
the
Philippines,
and
sets
the
stage
for
national
monitoring
of
the
implementation
of
the
Convention.
29
The
Philippine
Constitution
explicitly
declares
respect
for
International
Treaties.
Article
2.2
of
the
Philippine
Constitution
states
that
all
ratified
treaties
automatically
become
a
part
of
the
organic
law
of
the
country.
Paragraph
30
of
the
1994
Philippine
Report
to
the
UN
clearly
states
that
being
an
organic
part
of
domestic
law,
provisions
of
ratified
international
treaties
may
already
be
invoked
in
judicial
bodies
and
instrumentalities.
30
The
Coalition
however
takes
serious
concerns
that
in
the
Philippine
Report
to
the
International
Committee
on
ICCPR,
“representatives
of
the
State
party
have
argued
before
the
Supreme
Court
that
the
Covenant
cannot
be
considered
part
of
the
law
of
the
land
without
the
need
of
a
law
enacted
by
the
legislature.”
(1)
31
It
is
only
five
years
after
the
ratification
of
the
Convention,
that
efforts
to
harmonize
Philippine
laws
and
policies
to
the
provisions
of
the
Convention
were
recently
initiated
by
the
State
through
the
National
Council
ARTICLE 1
Purpose
Background
Article
1

9. 8
on
Disability
Affairs.
The
Coalition
particularly
highlights
the
continuing
existence
of
the
State
definition
of
persons
with
disabilities
that
is
based
on
a
purely
medical
and
functional
model.
Even
in
the
amendments
of
this
chief
legal
instrument,
the
Magna
Carta
of
Persons
with
Disabilities
(2)
and
other
legislations
enacted
after
2008,
there
is
still
a
carryover
of
this
definition
that
is
inconsistent
with
the
Convention,
e.g.,
Republic
Act
9710
(Magna
Carta
of
Women)
(3).
32
These
views
are
further
enshrined
in
gatekeeping
measures
and
social
protection
plans
and
programs
such
as
the
disability
benefits
provided
by
the
Government
Service
Insurance
System
(4),
Social
Security
System
(5),
and
the
Employee’s
Compensation
Commission
(6).
33
Branches
of
government
such
as
the
National
Council
for
Disability
Affairs
(7),
the
Department
of
Health
(8),
the
Department
of
Trade
and
Industry
and
Department
of
Agriculture
(9),
Bureau
of
Internal
Revenue
(10),
and
the
Department
of
Interior
and
Local
Government
have
applied
varying
definitions
of
who
persons
with
disabilities
are.
This
includes
ambiguous
or
conflicting
views
on
‘impairment’,
‘permanent
disability’,
‘chronic
illness’
and
‘disability’.
34
This
has
had
very
concrete
and
widespread
impact
on
access
to
services
and
entitlement
to
the
20%
disability
discount.
Persons
with
psychosocial
impairments
and
with
various
chronic
illness
conditions
are
among
those
who
are
particularly
affected
by
uncoordinated
and
inconsistent
definitions
of
disability
(11).
The
National
Council
on
Disability
Affairs
has
contested
identification
cards
issued
by
the
Department
of
Interior
and
Local
Government,
and
discourages
persons
with
chronic
illnesses
from
applying
for
identification
cards.
Sources:
(1)
Concluding
observations
on
the
fourth
periodic
report
of
the
Philippines.
Office
of
the
High
Commissioner
on
Human
Rights.
(CCPR/C/SR.2944).
www2.ohchr.org/english/bodies/hrc/docs/co/CCPR-­‐C-­‐PHL-­‐CO-­‐4.doc
(2)
Section
4.
Definition
of
Terms.
Republic
Act
7277.
http://www.ncda.gov.ph/disability-­‐laws/republic-­‐acts/republic-­‐act-­‐
7277/
(3)
Chapter
II.
Definition
of
Terms.
Republic
Act
9710.
http://pcw.gov.ph/sites/default/files/documents/laws/republic_act_9710.pdf
(4)
Disability.
Government
Service
Insurance
System.
http://www.gsis.gov.ph/default.php?id=41
(5)
Disability
Benefits.
Social
Security
System.
https://www.sss.gov.ph/sss/index2.jsp?secid=67&cat=4&pg=null
(6)
Title
II,
Chapter
1.
Policy
and
Definitions
–
Disability.
Presidential
Decree
626.
Employee’s
Compensation
Commission.
http://www.ecc.gov.ph/ckfinder/userfiles/files/P_D_%20626_%20as%20amended%202011%20edition.pdf
(7)
Guidelines
on
the
issuance
of
identification
card
relative
to
Republic
Act
9442.
National
Council
on
Disability
Affairs.
Administrative
Order
001
s.2008.
http://www.ncda.gov.ph/2010/12/rules-­‐ncda-­‐guidelines-­‐on-­‐
persons
with
disabilities-­‐id-­‐
card-­‐is-­‐enforceable/
(8)
Definition
of
terms.
Administrative
Order
2009-­‐0011.
Department
of
Health.
http://www.ncda.gov.ph/2009/07/doh-­‐issues-­‐
guidelines-­‐on-­‐medical-­‐discounts-­‐to-­‐persons-­‐with-­‐disabilities/
(9)
Definition
of
terms.
Joint
Department
of
Trade
and
Industry
–
Department
of
Agriculture
Administrative
Order
02
s.2008.
http://www.ncda.gov.ph/2009/07/discounts-­‐on-­‐basic-­‐commodities/
Philippine
Coalition
on
the
UNCRPD.
Communications
with
DPOs.
(10)
Definition
of
Terms.
Revenue
Regulations
No.
1-­‐2009
Bureau
of
Internal
Revenue.
ftp://ftp.bir.gov.ph/webadmin1/pdf/44005RR%201-­‐2009.pdf
(11)
Philippine
Coalition
on
the
UNCRPD.
Communications
with
Philippine
Alliance
on
Persons
with
Chronic
Illness.
35
The
core
domestic
legislation
on
disability,
Republic
Act
7277
or
the
Magna
Carta
for
Persons
with
Disabilities
(1),
defines
discrimination
only
in
the
context
of
employment,
transportation
and
use
of
public
accommodations
and
services
(Title
3),
and
furthermore
that
for
discrimination
to
be
investigated
or
for
legal
action
to
ensue,
incidents
must
ARTICLE 2
Definitions
Article
2
RECOMMENDATIONS
§ Clarify
the
status
and
justiciability
of
provisions
of
the
Convention
in
relation
to
domestic
application.
§ Ensure
that
all
current
policies
and
legislation
of
various
agencies
adopt
standard
definitions
of
disability,
persons
with
disabilities
that
are
compliant
with
the
Convention.

10. 9
occur
repeatedly
and
be
considered
of
public
importance
(Title
4);
this
contrasts
greatly
with
non-­‐
discrimination
as
a
principle
of,
and
obligation,
as
defined
in
the
CRPD
in
Art.
2,
3.b
and
5.
36
The
law
also
defines
Reasonable
Accommodation
only
in
the
context
of
work
(R.A.
7277,
Sect.
4).
It
neglects
this
important
principle
and
obligation
in
critical
areas
of
education,
health
and
other
rights
and
freedoms.
37
Instead
of
promoting
Universal
Design
and
inclusion,
the
law
also
directs
the
State
toward
“special”
basic
education,
technical
education,
non-­‐formal
education
(Sect
12
–
17),
housing
requirements
(Sect
39),
employment
facilities
(Sect
4.g.4.i),
transportation
(Sect
4.g.4.n),
training
(Sect
21)
and
broadcast
programming
(Sect
22).
This
is
not
consistent
with
the
principle
espoused
by
the
Convention
and
lays
a
very
different
rationale
for
State
governance
and
spending.
38
There
is
also
no
explicit
mention
of
the
modes,
means
and
formats
of
communication
and
languages
which
are
vital
for
the
obligations
according
to
the
Convention.
Accessibility
(Title
2,
Chap
6)
is
defined
only
for
the
built
environment
(Art.
3.f,
9).
The
same
is
noted
for
the
Accessibility
Law
(BP
344)
(2)
which
only
addresses
accessibility
in
the
context
of
built
environments,
and
not
on
information
and
communication.
Sources:
(1)
Republic
Act
7277.
http://www.ncda.gov.ph/disability-­‐laws/republic-­‐acts/republic-­‐act-­‐7277/
(2)
Batas
Pambansa
Blg.
344.
http://www.ncda.gov.ph/disability-­‐laws/batas-­‐pambansa/batas-­‐pambansa-­‐blg-­‐344/
39
The
Magna
Carta
for
Persons
with
Disabilities,
or
Republic
Act
7277
(1),
and
even
its
amending
law,
RA
9442,
constitute
the
core
legislation
upon
which
all
State
policies,
activities
and
programs
are
based
on.
They
also
form
the
bases,
as
well
as
reflect
existing
perspectives,
customs
and
practices
for
much
of
public
governance.
40
Although
the
Magna
Carta
describes
in
its
declaration
of
policy
that
disabled
persons
"should
be
able
to
live
freely
and
as
independently
as
possible.."
it
does
not
give
full
emphasis
to
the
individual
autonomy
and
freedom
to
make
one's
choices
as
stated
in
the
principle
of
the
Convention.
41
The
Coalition
sees
the
imperative
of
an
Anti-­‐Discrimination
Law
not
just
to
address
“vilification
and
public
ridicule”
as
stated
in
the
Amendment
of
the
Magna
Carta.
42
Participation
in
the
Declaration
of
Policy
of
the
Magna
Carta
is
viewed
only
in
the
context
of
rehabilitation,
different
from
the
full
and
effective
participation
and
inclusion
described
by
the
Convention.
43
The
underlying
view
of
persons
with
disabilities
by
the
Magna
Carta
is
from
that
of
a
functional
model
(Title
1,
Sect
4)
which
contrasts
with
the
human
rights
perspective
of
the
Convention
in
viewing
disability
as
a
result
of
barriers
interacting
with
impairments,
and
of
acceptance
of
persons
with
disabilities
as
part
of
human
diversity.
ARTICLE 3
General
Principles
Article
3
RECOMMENDATIONS
§ Ensure
that
in
the
ongoing
amendment
of
Republic
Act
7277,
sections
on
discrimination,
reasonable
accommodation,
universal
design,
inclusion
and
accessibility
are
harmonized
with
the
definitions
in
the
Convention.
Within
five
years,
conduct
and
complete
a
comprehensive
review
of
all
other
domestic
legislation
and
policies
pertaining
to
persons
with
disabilities
and
harmonize
these
with
the
Convention.
§ Beginning
fiscal
year
2014,
conduct
orientations
for
all
State
agencies
and
entities,
including
the
Department
of
Budget
and
Management,
and
the
Commission
on
Audit
on
these
critical
definitions
to
ensure
that
they
underlie
all
planning,
formulation
and
implementation
of
public
programs,
activities
and
projects
for
persons
with
disabilities.

11. 10
44
Equality
of
opportunity
in
the
Magna
Carta
is
only
considered
in
the
context
of
employment
(Title
2,
Sect
5) whereas
the
Convention
considers
opportunities
in
education,
living
in
the
community,
participation
in
political
and
public
life,
cultural
life
(Art.
3.e,
24,
19,
29
&
30);
45
Gender
equality
or
women
with
disabilities
and
their
multiple
marginalization
are
not
even
mentioned
in
the
Magna
Carta.
Even
amongst
their
fellow
women,
they
too
are
yet
dealt
with
as
not
equal
due
to
the
maintenance
of
the
definition
identifying
them
as
continually
“suffering
from”
and
“not
normal”
as
defined
in
Republic
Act
9710
or
the
Magna
Carta
of
Women.
46
Children
with
disabilities
are
only
mentioned
in
the
context
of
education
(Title
2,
Sect
14)
and
social
services
TItle
2,
Sect
24),
not
considering
their
multiple
marginalization,
right
to
expression
and
evolving
capacity.
47
The
Coalition
clearly
adheres
to
the
provisions
of
Article
25,
that
Persons
with
Disabilities
must
be
provided
all
types
of
health
services
as
a
matter
of
rights
of
similar
quality
as
other
citizens.
However,
the
Philippine
government
continues
to
highlight
disability
prevention
as
the
underlying
principle
for
awareness
raising
activities
for
the
sector.
48
The
Coalition
further
declares
that
rehabilitation
as
a
matter
of
right
should
be
provided.
However,
contrary
to
the
Convention,
the
Philippines
still
insists
on
viewing
rehabilitation
instead
as
a
matter
of
principle
in
dealing
with
persons
with
disabilities.
49
In
the
Civil
Code,
Family
Code
Rules
of
Court
and
other
legislation
and
policy,
substituted
decision-­‐
making
still
exists
and
there
are
yet
no
indications
that
supported
decision-­‐making
is
being
considered
(cf
Articles 5, 12).
Source:
(1)
Republic
Act
7277.
http://www.ncda.gov.ph/disability-­‐laws/republic-­‐acts/republic-­‐act-­‐7277/
50
This
Parallel
Report
examines
in
detail
the
obligations
of
the
State
according
to
the
Articles
of
the
Convention.
However,
the
Coalition
observes
that
in
general,
the
State,
and
even
the
Commission
on
Human
Rights
(the
National
Human
Rights
Institution
or
NHRI)
place
more
attention
to
civil
and
political
rights
rather
than
the
economic,
social
and
cultural
rights.
On
the
other
hand,
government
agencies
with
disability-­‐related
mandates
or
programs
generally
tend
to
operate
based
on
a
disability
prevention
framework,
or
mainly
from
a
health
perspective.
Because
of
this
mentality,
critical
activities
described
in
Article
4
of
the
Convention
such
as
comprehensive
policy
reviews,
research
and
development,
and
training
are
not
carried
out
regularly
or
adequately.
51
The
State
also
still
has
yet
to
operationalize
the
concepts
of
maximum
available
resources
and
progressive
realization
in
its
governance.
52
There
is
a
strong
tendency
for
consultation
with
persons
with
disabilities
to
take
place
in
the
cities
and
urban
areas,
overlooking
representation
from
many
of
persons
with
disabilities
who
are
in
the
rural
areas.
Furthermore,
persons
with
disabilities,
especially
women
with
disabilities
are
frequently
viewed
solely
as
beneficiaries
of
services,
and
not
included
or
capacitated
as
partners
in
development.
ARTICLE 4
General
Obligations
RECOMMENDATIONS
§ Integrate
these
Principles
of
the
Convention
in
national
implementation
and
monitoring
as
a
guiding
framework.
§ Institutionalize
activities
which
bring
an
understanding
of
these
Principles
to
all
public
servants.
Article
4

12. 11
53
The
Coalition
acknowledges
the
presence
of
affirmative
provisions
against
discrimination
in
some
Philippine
laws.
However,
it
also
notes
that
these
anti-­‐
discrimination
provisions
are
limited
only
to
employment,
transportation
and
utilization
of
public
facilities.
54
Furthermore,
the
Coalition
is
disturbed
by
a
provision
in
Republic
Act
7277,
Sect.
44
“that
before
a
violator
of
anti-­‐discrimination
can
be
prosecuted,
the
victim(s)
must
first
prove
that
he
has
been
discriminated
by
the
same
entity
at
least
more
than
twice
before
these
could
be
considered
as
a
“pattern
or
practice
of
discrimination”
(1)
.
This
contrasts
with
the
perspective
of
the
Convention
wherein
the
denial
of
reasonable
accommodation
in
a
particular
case
(and
thus
could
be
a
single
occurring
incident)
is
also
deemed
as
discrimination.
Moreover,
such
discrimination
must
reach
a
level
of
public
importance,
and
only
then
can
the
incident
be
investigated.
55
This
law
also
defines
discrimination
in
communication
as
only
those
“barriers
that
are
structural
in
nature,
in
existing
facilities”
(Title
3,
Sect.
36.e.4).
This
neglects
many
forms
of
communication
modes
and
formats
which
do
not
involve
structural
facilities
such
as
signed
languages.
56
Laws
which
discriminate
on
the
bases
of
disabilities
and
do
not
recognize
persons
with
disabilities
as
being
legally
competent
continue
to
exist,
i.e.,
articles
of
the
Civil
Code
on
Contracts
(2)
and
Succession
(3);
several
Rules
of
Court
concerning
guardianship
(4,
5),
and
others.
57
A
range
of
discriminatory
policies
and
practices
are
encountered
in
various
government
departments
and
offices:
• An
example
is
Metrostar
Express
Order
0127
which
denies
even
entry
to
mass
transit
stations
for
the
“insane
/
mentally
deranged”
(6).
• Sections
of
the
Omnibus
Election
Code
deny
participation
in
electoral
processes
to
persons
with
psychosocial
and
intellectual
disabilities
(7)
(cf
Article
29).
• Driver’s
Licenses
issued
by
the
Land
Transportation
Office
which
states
that
deaf
individuals
are
required
to
always
be
accompanied
by
a
“person
with
normal
hearing”
when
they
drive.
The
(then)
National
Council
for
the
Welfare
of
Disabled
Persons
claims
that
the
fact
that
there
are
licenses
issued
to
persons
with
disabilities,
including
the
deaf,
that
the
“Philippine
government
does
not
discriminate
on
the
disabled”
(8).
• Department
of
Health
Administrative
Order
34
imposes
a
requirement
that
masseurs
should
have
a
high
school
diploma.
This
is
doubly
discriminatory
for
blind
masseurs
because
of
the
reality
that
persons
with
disabilities
have
difficulty
accessing
education
to
begin
with.
In
dialogues
with
Department
of
Health
officials,
they
have
verbally agreed to amend this policy,
yet to date there has been no such action (cf Article 24, 27).
Sources:
(1)
Republic
Act
7277.
http://www.ncda.gov.ph/disability-­‐laws/republic-­‐acts/republic-­‐act-­‐7277/
(2)
Civil
Code
of
the
Philippines.
Contracts.
Art.
1327.
http://www.chanrobles.com/civilcodeofthephilippinesbook3.htm
(3)
Civil
Code
of
the
Philippines.
Succession.
Art.
820.
http://www.chanrobles.com/civilcodeofthephilippinesbook4.htm
(4)
Rules
of
Court.
Rule
92.
http://sc.judiciary.gov.ph/rulesofcourt/RULES%20OF%20COURT.htm#rule_92
(5)
Rules
of
Court.
Rule
101.
http://sc.judiciary.gov.ph/rulesofcourt/RULES%20OF%20COURT.htm#rule_101.
(6)
Letter
of
complaint
to
Department
of
Transportation
and
Communication.
Jan.
11,
2013
(7)
Omnibus
Election
Code.
http://www.comelec.gov.ph/?r=laws/OmnibusElectionCode
(8)
Ronda,
R.A.
2002.
3,500
disabled
driving
on
RP
streets.
Philippine
Star.
Oct.
15,
2002.
http://www.philstar.com/nation/179901/3500-­‐disabled-­‐driving-­‐rp-­‐streets
ARTICLE 5
Equality and
Non-discrimination
Article
5
RECOMMENDATIONS
§ Review,
amend
or
abolish
all
laws,
policies
and
practices
discriminatory
to
persons
with
disabilities
§ Direct
particularly
the
executive
and
legislative
branches
to
undertake
comprehensive
training
on
the
rights
of
persons
with
disabilities.

13. 12
ARTICLE 6
Women with
Disabilities
Discriminatory
laws
&
practices
58
The
discrimination
that
women
and
girls
with
disabilities
in
the
Philippines
face
is
a
complex
intersection
of
gender,
disability
and
age.
These
inequalities
are
rooted
in
deeply
ingrained
stereotyped
views
of
Filipino
women
in
general,
and
is
further
compounded
by
charity
and
pathological
views
of
disability.
They
live
in
a
societal
and
legal
environment
which
has
blatant
denials
of
equal
recognition
before
the
law,
compared
to
other
Filipino
women
and
girls.
Considering
that
data
so
far
shows
substantial
gender-­‐
based
violence
among
women
and
girls
with
disabilities,
discrimination
in
the
Anti-­‐Rape
Law
(Republic
Act
8353)
(1)
views
women
and
girls
with
intellectual
disabilities
as
‘deprived
of
reason’
and
‘incapable
of
giving
rational
consent’.
Women
with
psychosocial
disability
are
viewed
as
also
lacking
in
legal
capacity
because
of
the
view
that
they
are
unable
to
give
consent
(cf
Article
12)
(2).
59
The
Coalition
reiterates
its
concern
with
the
persistence
of
the
Philippine
government
and
laws
to
define
Women
with
Disabilities
solely
from
a
medical
model
as
stated
in
Republic
Act
9710
or
the
Magna
Carta
of
Women
(3).
60
The
Philippine
Commission
on
Women
in
particular,
should
be
inclusive
of
disability
and
the
diversity
of
its
constituency
in
all
its
plans,
programs,
activities
and
resource
allocations.
It
should
recognize
women
with
disabilities
as
a
disadvantaged
group
distinct
from
the
elderly.
This
should
include
capacitation
and
mechanisms
to
ensure
full
participation
by
women
with
disabilities
in
State-­‐sponsored
gender
promotion
activities
at
the
national
and
local
levels.
The
Commission
in
its
call
for
nominations
for
its
Commissioners
from
civil
society,
combines
the
elderly
with
the
“disabled”,
and
has
not
actively
promoted
representation
(4).
It
cursorily
mentions
women
with
disabilities
in
its
Fact
Sheets
(5).
Violence
and
abuse
61 This
multiple
vulnerability
is
evident
in
gender-­‐based
violence.
To
date,
the
only
substantial
data
is
with
deaf
women
and
girls
as
documented
by
an
NGO
(6).
From
a
total
of
346+
cases
involving
deaf
parties
from
2006-­‐2012,
violence
against
deaf
women
account
for
over
168
cases.
Of
243
cases
filed
by
deaf
complainants,
rape
cases
filed
by
deaf
women
and
girls
outnumber
all
other
complaints
in
a
ratio
of
10:1.
62
In
gathering
of
baseline
data
by
this
Coalition
on
Supreme
Court
cases
from
2008-­‐2011,
20%
of
126
cases
are
on
gender-­‐based
violence,
almost
exclusively
all
on
women
and
girls
with
intellectual
disabilities.
63
Despite
this
clear
need
for
protection
from
violence
and
abuse,
women
and
girls
with
disabilities
remain
largely
outside
of
state
programs
and
activities
for
Filipino
women
in
general.
There
are
no
specific
programs
or
monitoring
to
address
this
need
in
the
Philippine
Commission
on
Women,
the
Council
for
the
Welfare
of
Children,
the
National
Council
for
the
Welfare
of
Persons
with
Disabilities,
and
even
the
NHRI
–
the
Commission
on
Human
Rights.
There
is
some
awareness
and
beginning
research
in
academe
such
as
the
University of the Philippines but this is through the initiation of DPOs such as the Filipino Deaf Women’s
Health and Crisis Center.
Economic,
social
and
cultural
rights
64
Filipino
girls
with
disabilities
experience
inequalities
from
a
very
young
age
in
the
family
and
home,
through
schooling
and
even
as
they
become
adult
women
facing
limitations
in
work
and
employment.
In
a
2011
study
by
the
Philippine
Institute
for
Development
Studies,
it
reports
that
twice
as
many
women
than
men
with
disabilities
do
not
complete
any
grade
(or
level
of
primary
education)
at
all,
especially
in
rural
areas
(7).
65
The
same
study
shows
strong
disparities
in
type
of
employment
and
income
of
women
with
disabilities,
compared
to
men
with
disabilities.
Female
respondents
with
disabilities
in
the
study
allot
relatively
more
time
to
household
duties
and
personal
activities
(i.e.,
meals,
grooming)
both
during
working
as
well
as
non-­‐
working
days.
Male
respondents
with
disabilities
on
the
other
hand,
spend
more
time
on
work
and
leisure,
even
during
working
days.
These
all
reflect
the
restriction
in
participation
of
girls
and
women
with
disabilities
in
education,
work,
participation
in
the
community
and
even
in
recreation
and
leisure.
Article
6

14. 13
Chapter
2
MENTALLY
RETARDED,
PHYSICALLY
HANDICAPPED,
EMOTIONALLY
DISTURBED
AND
MENTALLY
ILL
CHILDREN
Art. 168. Mentally Retarded Children. - Mentally retarded children are (1) socially incompetent, that is, socially
inadequate and occupationally incompetent and unable to manage their own affairs; (2) mentally subnormal; (3)
retarded intellectually from birth or early age; (4) retarded at maturity; (5) mentally deficient as a result of
constitutional origin, through hereditary or disease, and (6) essentially incurable.
Art. 169. Classification of Mental Retardation. - Mental Retardation is divided into four classifications:
(1) Custodial Group. The members of this classification are severely or profoundly retarded, hence, the least
capable group. This includes those with I.Q.s to 25.
(2) Trainable Group. The members of this group consist of those with I.Q.s from about 25 to about 50; one
who belongs to this group shows a mental level and rate of development which is 1/4 to 1/2 that of the
average child, is unable to acquire higher academic skills, but can usually acquire the basic skills for living
to a reasonable degree. He can likewise attain a primary grade level of education if he receives effective
instruction.
Sources:
(1)
Philippine
Coalition
on
the
U.N.
Convention
on
the
Rights
of
Persons
with
Disabilities
and
Philippine
Alliance
of
Human
Rights
Advocates.
2013.
Joint
Submission
for
Half-­‐day
General
Discussion
on
"Women
and
girls
with
disabilities"
by
the
Committee
on
the
Rights
of
Persons
with
Disabilities.
(2)
Republic
Act
8353.
http://pcw.gov.ph/law/republic-­‐act-­‐8353
(3)
Republic
Act
9710.
Magna
Carta
of
Women.
http://pcw.gov.ph/law/republic-­‐act-­‐9710
(4)
http://www.pcw.gov.ph/sites/default/files/documents/resources/cedaw_factsheet_2006.pdf
(5)
Call
for
nominations
for
NGO
representatives
to
the
PCW
Board
http://www.gov.ph/section/briefing-­‐room/philippine-­‐commission-­‐on-­‐women/
(6)
Access
to
Justice:
Case
Monitoring
Report
by
the
Philippine
Deaf
Resource
Center
(2006-­‐2012)
http://www.phildeafres.org/pdf/PDRC_Case_Monitoring.pdf
(7)
Joint
submission
on
the
Philippines
by
the
Philippine
Coalition
on
the
CRPD
&
International
Disability
Alliance.
Human
Rights
Committee,
106th
session
(15
October
-­‐
2
November
2012)
http://www.ccprcentre.org/wp-­‐content/uploads/2012/09/DPO_Philippines_HRC106.pdf
(8)
Tabuga,
A.
and
C.
Mina.
2011.
Disability
and
gender:
The
case
of
the
Philippines.
Philippine
Institute
for
Development
Studies.
Discussion
Paper
Series
No.
2011-­‐32.
https://editorialexpress.com/cgi-­‐bin/conference/download.cgi?db_name=IAFFE2011&paper_id=235
Discriminatory
laws
66
The
Coalition
is
extremely
alarmed
that
available
data
from
agencies
do
not
demonstrate
that
children
with
disabilities
are
provided
equal
protection
and
equal
benefits
in
various
laws
and
services.
67 Filipino children with disabilities live in the legal context of existing laws such as the Child and Youth
Welfare Code which uses language and perspectives that are archaic, discriminatory and extremely disturbing
(1).
Article
7
ARTICLE 7
Children with
Disabilities
RECOMMENDATIONS
§ Amend
the
Magna
Carta
for
Women
to
harmonize
it
with
international
commitments
to
the
Convention.
§ Amend
the
Anti-­‐Rape
law
and
other
legislation
to
give
equal
recognition
before
the
law
to
women
and
girls
with
disabilities.
§ Mainstream
disability
in
the
laws,
policies
and
programs
for
Filipino
women
in
general,
coupled
with
regular
monitoring
and
gathering
of
disaggregated
data.
§ Research,
document
and
monitor
cases
of
violence
against
women
with
disabilities
and
create
accessible
programs
that
shall
protect
them.

15. 14
(3) Educable Group. This group's I.Q. ranges from about 50 to about 75, and the intellectual development is
approximately 1/2 to 3/4 of that expected of a normal child of the same chronological age. The degree of
success or accomplishment that they will reach in life depends very much on the quality and type of
education they receive, as well as on the treatment at home and in the community. Many of the educable
retardates may reach 5th or 6th grade educational level and can develop occupational skills which may
result in partial or complete economic independence in adulthood.
(4) Borderline or Low Normal Group. This is the highest group of mentally retarded, with I.Q.s from about
75 to about 89. The members of this classification are only slightly retarded and they can usually get by in
regular classes if they receive some extra help, guidance and consideration. They have to spend much more
time with their studies than do most children in order to pass. Those who cannot make it are usually
handicapped by one or more other conditions aside from that of intelligence.
Art. 170. Physically Handicapped Children. - Physically handicapped children are those who are crippled, deaf-mute,
blind, or otherwise defective which restricts their means of action on communication with others.
Art. 171. Emotionally Disturbed Children. - Emotionally disturbed children are those who, although not afflicted with
insanity or mental defect, are unable to maintain normal social relations with others and the community in general due
to emotional problems or complexes.
68
In
the
policy-­‐making
Council
for
the
Welfare
of
Children,
efforts
to
upgrade
a
sub-­‐committee
for
children
with
disabilities
into
a
full
pledged
Committee
has
not
progressed.
The
upgrading
of
the
Committee
is
aimed
at
pursuing
the
equalization
of
opportunities
for
children
with
disabilities.
Knowledge
about
children
with
disabilities
remain
very
rudimentary
even
for
the
Council,
and
thus
policies
and
programs
responsive
to
their
needs
are
not
evident.
Violence
and
abuse
(cf
Article
16)
69
There
is
a
dearth
of
data
on
violence
to
Filipino
children
with
disabilities
and
there
is
no
systematic
nationwide
entity,
mechanism
or
program
that
addresses
this
specific
need,
even
in
the
Council
for
the
Welfare
of
Children,
the
National
Council
for
Disability
Affairs,
or
Commission
on
Human
Rights.
The
only
efforts
as
of
now
are
by
civil
society
organizations
such
as
the
Philippine
Coalition
on
the
UNCRPD,
and
the
NGO
Philippine
Deaf
Resource
Center
which
have
revealed
many
cases
for
the
deaf
constituency
alone.
Over
half
of
documented
gender-­‐based
violence
cases
among
the
deaf
from
2006-­‐2012
involve
deaf
children
and
youth
(2):
Number
of
gender-­‐based
violence
cases
on
deaf
complainants
according
to
age
group
(n
=
119+
cases
with
known
data)
AGE
GROUP
NUMBER
OF
CASES
Less
than
12
years
old
13
12
to
17
53
Unspecified
minor
13+
18
and
above
40
TOTAL
119+
70
It
should
be
noted
that
a
Communication
has
been
sent
to
the
CEDAW
Committee
for
the
Optional
Protocol
on
the
rape
case
of
a
deaf
minor
wherein
the
perpetrator
was
acquitted
(3).
Education
(cf
Article
24)
71
The
situation
of
Filipino
children
in
terms
of
education
is
not
proceeding
as
expected
according
to
the
MDG
target
for
2015
(4).
72
For
children
with
disabilities,
data
has
revolved
only
on
enrollment
(at
start
of
school
year)
figures
and
thus,
is
largely
excluded
from
the
rest
of
basic
education
programs
and
targets,
and
corresponding
monitoring
and
evaluation.
Article
7

16. 15
73
Comprehensive
national
data
published
publicly
by
the
Department
of
Education
has
not
been
updated
since
2005
which
reports
about
97%
of
children
with
disabilities
as
still
unreached
by
the
public
school
system.
Partial
national
data
from
the
Department,
and
regional
field
data
reveal
conflicting
figures,
bringing
doubt
on
the
reliability
of
the
information.
Despite
increasing
national
appropriations
for
Special
Education
(for
primary
level)
subsidies,
and
an
increase
of
Special
Education
Centers
every
year,
these
resource
allocations
have
resulted
only
in
about
1.5%
increase
in
enrollment
per
decade.
The
current
number
of
Special
Education
centers
would
correspond
to
a
ratio
of
12,000-­‐18,000
children
with
disabilities
(5,
6).
74
Government
promotion
of
health
and
social
awareness
campaigns
are
not
carefully
implemented,
resulting
in
national
annual
celebrations
which
highlight
primary
prevention
of
disability,
as
well
as
materials
for
mothers
and
children
(7)
which
perpetuate
the
notion
that
a
bright
/
healthy
child
has
no
disability.
Poverty
75
An
extensive
study
of
over
700
households
with
children
with
disabilities
demonstrates
how
abject
poverty
compounds
the
problem
of
education
and
access
to
services
for
children
with
disabilities.
State
programs
have
not
addressed
this
complex
need
specifically.
Even
in
the
conditional
cash
transfer
program
(4Ps),
institutional
biases
in
implementation
allow
for
easy
substitution
of
a
child
with
a
disability
who
is
unable
to
go
to
school,
by
a
sibling.
Sources:
(1)
Chapter
2.
Mentally
Retarded,
Physically
Handicapped
and
Emotionally
Disturbed
and
Mentally
Ill
Children.
Presidential
Decree
603
Child
and
Youth
Welfare
Code
Art.
141
to
186.
http://www.chanrobles.com/childandyouthwelfarecodeofthephilippines.htm
(2)
Access
to
Justice:
Case
Monitoring
Report
by
the
Philippine
Deaf
Resource
Center
(2006-­‐2012)
http://www.phildeafres.org/pdf/PDRC_Case_Monitoring.pdf
(3)
Republic
Act
9710.
Magna
Carta
of
Women.
Women
claiming
rights
with
the
United
Nations:
Accessing
the
Optional
Protocol
of
the
CEDAW
and
the
ICCPR.
http://sexandsensibilities.com/2011/05/22/women-­‐claiming-­‐rights-­‐with-­‐the-­‐united-­‐nations-­‐
accessing-­‐the-­‐optional-­‐protocol-­‐of-­‐the-­‐cedaw-­‐and-­‐the-­‐iccpr/
(4)
MDGWatch.
http://www.nscb.gov.ph/stats/mdg/mdg_watch.asp
(5)
Philippine
Coalition
on
the
UNCRPD.
In
progress.
Enabling
CRPD
compliant
budget
advocacy.
(6)
SPED,
Department
of
Education.
In:
2012.
Poverty
reduction,
MDGs
and
education
of
children
with
disabilities:
Some
observations
and
recommendations.
UNESCAP
/
Leonard
Cheshire
Disability
Conference
on
Disability-­‐Inclusive
Development
MDGs
and
Aid
Effectiveness.
March
14,
2012,
Bangkok.
(7)
Council
for
Welfare
of
Children.
2005.
“I
am
a
healthy
growing
child”.
Mother
and
Child
Book.
2nd
printing,
p.
38.
76
Since
2008,
there
has
been
some
increase
in
visibility
of
partnerships
among
stakeholders
in
government
and
non-­‐
government
sectors.
However,
the
Coalition
believes
that
awareness
raising
is
not
merely
passing
on
of
information,
or
distribution
of
materials
about
persons
with
disabilities,
or
massive
conducting
of
UNCRPD
exposition
and
lectures.
Such
activities
must
result
in
demonstrably
changed
attitudes
and
perspectives
regarding
disability
that
are
evident
in
the
programs,
activities
and
operations
of
government
agencies.
Inevitably,
such
changes
should
ARTICLE 8
Awareness
Raising
RECOMMENDATIONS
§ Review
and
amend
laws,
policies
and
programs
that
discriminate
and
marginalize
children
with
disabilities.
§ Research,
document
and
monitor
cases
of
violence
against
children
with
disabilities
and
create
accessible
programs
that
shall
protect
them.
§ Ensure
the
participation
of
actual
children
with
disabilities,
and
not
just
their
families,
in
all
State
decision-­‐making
that
shall
impact
them.
§ Overhaul
the
entire
Special
Education
program
options
so
that
the
majority
of
children
with
disabilities
progressively
gain
access
to
schools
within
5
years.
§ Institutionalize
data
gathering
mechanisms
for
disaggregated
information
on
children
with
disabilities.
Article
8

17. 16
Article
9
lead
to
full,
meaningful
and
continuing
participation
of
Persons
with
Disabilities
in
all
affairs
of
society
as
envisioned
by
the
Convention.
77
A
case
in
point
is
the
considerable
expense
spent
for
the
annual
National
Disability
Prevention
and
Rehabilitation
Week
(NDPR),
and
all
other
celebratory
weeks
for
the
various
disabilities
throughout
the
year,
even
during
the
Biwako-­‐based
2nd
Decade
for
Persons
with
Disabilities.
Resources
are
not
put
to
maximal
use
because
these
celebrations
are
repetitive,
lacking
in
substance
from
the
perspective
of
human
rights
advocates,
and
still
perpetuate
a
medical
view
of
disability.
Because
of
these,
the
appropriateness
of
an
NDPR
Week
that
perpetuates
a
medical
view
of
disability,
its
annual
budget
appropriations
in
both
urban
and
rural
areas,
has
become
highly
questionable
in
the
context
of
human-­‐rights
based
implementation.
78
Awareness
raising
campaigns
by
the
State
for
its
ranks
remain
largely
sporadic,
and
uncoordinated,
across
time
and
across
the
various
island
of
the
archipelago.
Critical
national
agencies
such
as
the
Department
of
Budget
and
Management,
Department
of
Science
and
Technology,
Commission
on
Audit,
the
Department
of
Justice,
the
Judiciary,
and
many
others
do
not
display
a
fundamental
understanding
of
disability
as
basis
for
their
mandates.
79
Furthermore,
the
Coalition
is
disturbed
that
there
are
fora,
meetings
and
Conferences,
a
number
led
by
the
National
Council
on
Disability
Affairs
which
aim
to
promote
the
Convention.
In
reality
however,
the
Convention
is
misrepresented
by
declaring
that
it
is
merely
a
document
like
that
of
the
Magna
Carta
(Republic
Act
7277).
In
fact,
this
domestic
law
contains
provisions
diametrically
in
conflict
with
the
Convention.
80
The
Accessibility
Law
(1)
as
well
as
the
Magna
Carta
for
Persons
with
Disabilities
(2)
only
consider
accessibility
in
the
context
of
built
environments.
Accessibility
needs
in
information
and
communication
for
persons
with
sensory
disabilities,
and
intellectual
disabilities
are
not
addressed.
81
The
Coalition
observes
increasing
efforts
on
monitoring
accessibility
issues
on
the
part
of
relevant
government
agencies
in
conjunction
with
several
participating
DPOs.
However,
by
and
large,
accessibility
and
the
principles
of
Universal
Design
principles
remain
at
the
policy
level
of
only
a
few
branches
of
government,
and
are
even
unheard
of,
in
others.
Accessibility
audits
are
only
conducted
sporadically
even
for
government
structures,
and
penalties
for
violation
of
the
Accessibility
Law
have
yet
to
be
realized.
82
Even
in
the
National
Capital,
foot
bridges,
overpasses,
underpasses,
sidewalks
and
thoroughfares
are
barriers
to
persons
with
mobility
impairments.
Government
buildings,
schools,
recreation,
entertainment
and
sports
venues
are
hardly
accessible
to
persons
who
use
wheelchairs
and
crutches.
It
is
a
common
sight
to
see
persons
in
wheelchairs,
or
the
blind
walking
on
the
streets
because
sidewalk
vendors,
street
fences
and
road
structures
overrun
the
sidewalks
(3).
83
For
instance,
in
extensive
efforts
by
the
current
President
to
close
down
resource
gaps
in
education
by
2013,
the
Department
of
Education,
together
with
the
Department
of
Public
Works
and
Highways
will
be
ARTICLE 9
Accessibility
RECOMMENDATIONS
§ The
National
Council
on
Disability
Affairs
with
the
Philippine
Information
Agency,
as
well
as
the
National
Anti-­‐Poverty
Commission,
should
formulate
a
long
range,
systematic
and
sustained
awareness
raising
master
plan
for
multiple
stakeholders
on
the
Convention,
and
on
the
rights
of
persons
with
disabilities,
using
sensitive,
rights-­‐based
language
aimed
at
changing
current
constructions
of
disability.
This
should
include
allocation
of
resources
such
as
media
campaigns
sustained
through
private-­‐public
partnerships,
and
target
both
public
and
private
sectors.
§ Annually
review
all
national
and
local
celebrations,
activities
and
projects
of,
and
for
the
sector
so
as
to
ensure
that
these
are
in
line
with
the
human
rights
standards
of
the
Convention.
§ Ensure
that
expositions,
translations
and
representations
of
the
Convention
are
accurate
and
sound.

18. 17
deploying
a
total
of
P26.3
billion
to
construct
or
rehabilitate
more
than
31,000
classrooms
and
make
other
school
facilities
available
for
students.
However,
accessibility
of
these
buildings
and
compliance
to
the
Accessibility
Law
had
to
be
lobbied
by
civil
society.
Mechanisms
for
actual
implementation
and
monitoring
have
not
yet
been
clarified
(4).
84
The
same
is
seen
for
public
transport
(buses,
airplanes,
railways,
seacraft),
most
of
which
are
only
mere
policy
statements
with
no
concrete
action
plans
and
budget
allocations.
Two
of
Manila’s
three
light-­‐rail
lines
were
wheelchair
accessible,
but
stops
have
unrepaired,
and
out-­‐of-­‐service
elevators.
No
city
or
provincial
buses
have
wheelchair
lifts,
and
one
NGO
claimed
that
private
transportation
providers,
such
as
taxis,
often
overcharged
persons
with
disabilities
or
refused
them
service.
A
small
number
of
sidewalks
had
wheelchair
ramps,
which
were
often
blocked,
crumbling,
or
too
steep;
the
situation
was
worse
in
many
smaller
cities
and
towns
(5).
85
In
terms
of
information
and
communications
technology
and
website
accessibility,
a
civil
society
entity,
the
Philippine
Web
Accessibility
Group
is
the
one
who
initiated
and
monitors
accessibility.
To
date
since
the
group’s
establishment
in
2007,
only
9
government
agencies
are
certified
as
accessible
(6).
This
has
strong
impact
on
transparency
in
governance
if
there
are
accessibility
barriers.
86
It
is
a
conspicuous
failure
of
the
State
to
have
neither
attained
or
even
initiated
significant
efforts
for
ten
years
during
the
Decade
of
Persons
with
Disabilities
(2003-­‐2012)
for
a
National
Plan
of
Action
target
towards
the
establishment
of
a
sign
language
interpreting
system
by
2007
(cf
Article
21).
87
In
broadcast
media,
despite
the
telecommunications
provision
in
the
1992
Magna
Carta
for
Persons
with
Disabilities,
no
significant
efforts
by
the
State
to
promote
institutionalized
accessibility
have
been
adapted
by
either
government
or
private
TV
stations
for
twenty
years
(cf
Article
21).
Currently,
a
single
private
station
has
daily
primetime
newscasts
which
are
interpreted.
The
National
Council
on
Disability
Affairs
with
some
efforts
to
summon
such
stations
for
these
matters
have
proven
largely
ineffectual.
No
efforts
have
been
initiated
by
the
National
Telecommunications
Commission
whatsoever
toward
this
end-­‐goal
despite
being
mandated
to
monitor
this
provision
of
the
Magna
Carta
(7).
88
In
the
Judiciary,
over
2,000
court
employees
designated
as
Court
Interpreters
in
trial
courts
throughout
the
country
assist
in
communication
needs
for
spoken
languages
in
legal
proceedings.
On
the
other
hand,
there
are
no
such
counterparts
for
sign
language
interpreting,
and
specific
institutional
budget
items
for
the
compensation
of
such
services.
Since
2006,
lobbying
and
proposals
for
comprehensive
guidelines
from
DPOs
and
NGOs
on
the
hiring
and
compensation
of
qualified
interpreters,
as
well
as
the
conduct
and
ethics
of
sign
language
interpreting
have
remained
unheeded
by
the
Judiciary
(cf
Article
13).
Of
213
cases
from
2006-­‐
2012
involving
deaf
parties,
only
24%
have
appointed
court
interpreters.
Of
63
cases
of
unschooled
deaf
parties
requiring
deaf
relay
interpreters,
75%
have
no
interpreters
(8).
Article
9
RECOMMENDATIONS
§ Amend
existing
legislation
or
formulate
new
laws
to
address
all
accessibility
needs
of
all
persons
with
disabilities.
§ Formulate
action
plans
within
the
next
5
years
for
the
development
of
modules
and
manuals
on
Accessibility
and
Universal
Design
for
the
institutionalization
of
training
seminars.
These
should
primarily
target
government
staff
tasked
to
implement
policies
according
to
the
Accessibility
Law
and
include
orientations
on
assisting
individuals
with
disabilities
on
the
road
and
in
built
environments;
sign
language
communication,
alternative
and
augmentative
modes
of
communication,
etc.
§ Develop
a
monitoring
mechanism
for
integration
of
research
and
development
on,
and
comprehensive
and
strict
implementation
of
accessibility
policies.
Instead
of
imprisonment,
penalize
violators
and
utilize
the
revenue
generated
toward
accessibility
interventions
(similar
to
the
Road
Users
Fund).
This
shall
include
monitoring
of
all
government
agency
websites
for
full
web
accessibility.
§ Establish
a
unit
within
the
Department
of
Science
&
Technology
and
other
research
entities,
including
State
Universities
and
Colleges
on
Universal
Design
for
goods,
services,
equipment
and
facilities.
§

19. 18
Sources:
(1)
Republic
Act
7277.
http://www.ncda.gov.ph/disability-­‐laws/republic-­‐acts/republic-­‐act-­‐7277/
(2)
Batas
Pambansa
Blg.
344.
http://www.ncda.gov.ph/disability-­‐laws/batas-­‐pambansa/batas-­‐pambansa-­‐blg-­‐344/
(3)
Disability
Rights
Promotion
International.
XI.
Accessibility:
Physical
and
ICT
http://drpi.research.yorku.ca/AsiaPacific/resources/PhilippinesLPPRep/xi
(4)
Education:
Close
all
education
resource
gaps
by
2013
to
support
K-­‐12
Reform
Program.
Poverty
Reduction
and
Empowerment
of
the
Poor
and
Vulnerable.
http://budgetngbayan.com/poverty-­‐reduction-­‐and-­‐empowerment-­‐of-­‐the-­‐poor-­‐and-­‐
vulnerable-­‐2/
(5)
U.S.
State
Report
on
Human
Rights
(Embassy
–
Manila)
Bureau
of
Democracy,
Human
Rights
and
Labor.
Country
reports
on
human
rights
practices
for
2011.
Philippines.
http://www.state.gov/j/drl/rls/hrrpt/humanrightsreport/index.htm#wrapper
(6)
Philippine
Web
Accessibility
Group.
List
of
accessible
websites.
http://pwag.org/
(7)
House
Bill
4121.
Sign
language
TV
news
inset.
http://housebills4deaf.webs.com/hb4121.htm
(8)
Access
to
Justice:
Case
Monitoring
Report
by
the
Philippine
Deaf
Resource
Center
(2006-­‐2012)
http://www.phildeafres.org/pdf/PDRC_Case_Monitoring.pdf
89
Violations
to
the
right
to
life,
and
an
adequate
standard
of
living,
are
seen
in
deaths
of
Filipinos
with
disabilities
resulting
from:
calamities,
gender-­‐based
violence,
detention
and
institutionalization,
or
illness.
Most
of
these
are
vaguely
documented
and
remain
anecdotal.
However,
this
lack
of
statistics
should
not
diminish
the
loss
of
individual
lives,
and
the
right
of
a
person
with
a
disability
to
live.
An
adequate
standard
of
living
shall
prevent
the
loss
of
life.
90
On
November
22
of
2012,
news
broke
out
when
a
6
year
old
boy
believed
to
be
mentally
ill
died
after
a
fire
hit
their
house
in
Las
Piñas,
Metro
Manila.
The
boy
had
been
chained
by
his
mother
and
stepfather
to
prevent
him
from
leaving
the
house
(1).
91
In
another
incident,
a
7
year
old
boy
believed
to
be
half-­‐blind
was
killed
in
a
fire
that
struck
their
home.
The
boy
was
unable
to
escape
the
fire
because
he
was
tied
to
the
bed
by
his
mother
and
her
partner
(2).
92
Several
cases
of
rape
and
trafficking
have
also
resulted
in
the
deaths
of
deaf
women
and
minors.
Law
enforcement
officers
have
virtually
been
ineffective
in
the
prevention
and
investigation
of
such
acts
of
violence
and
death
(3,
4).
93
From
a
medical
perspective,
the
Department
of
Health
recognizes
that
persons
with
disabilities
are
vulnerable
to
deficiencies
in
health
care
services,
to
secondary
conditions,
co-­‐morbid
conditions,
age-­‐related
conditions,
engaging
in
health
risk
behaviors
and
higher
rates
of
premature
death.
These
barriers
to
health
care
include
prohibitive
costs,
limited
availability
of
service,
physical
barriers,
inadequate
skills
and
knowledge
of
health
workers
(5).
94
In
the
report
published
in
the
website
of
the
National
Center
for
Mental
Health,
the
recorded
leading
causes
of
mortality
include
Decubitus
Ulcer
also
known
as
pressure
sores
caused
by
prolonged
lying
down
(6).
The
Coalition
would
like
to
know
whether
this
is
related
to
prolonged
periods
of
physical
restraint
leading
to
death.
(cf
Article
15)
ARTICLE 10
Right to life
Article
10
§ Establish
a
nationwide
system
of
professional
standards,
and
dispatch
for
sign
language
interpreting
for
deaf
and
deafblind
individuals.
§ Ensure
the
passing
and
enactment
of
proposed
legislation
on
accessibility
in
telecommunications,
TV
insets
for
newscasts
and
court
interpreting.