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Committee on Economic, Social and Cultural Rights
Philippines (CESCR 26-10-2016)
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.
C. Principal subjects of concern and recommendations
- The Committee is concerned at the delay in adopting a comprehensive anti-discrimination law, as proposed in Senate bill No. 2475, which has been awaiting adoption since 2014. It is also concerned at the discriminatory provisions in the existing laws, including section 29 (a) of the Immigration Act and sections 269 and 272 (b) of the Labour Code, as well as at the discriminatory application of law, such as article 200 of the Revised Penal Code, against lesbian, gay, bisexual, transgender and intersex persons (art. 2 (2)).
- The Committee recommends that the State party review its legislation with a view to removing all discriminatory provisions and take the measures necessary to ensure that laws are not applied in a discriminatory manner. It urges the State party, in line with the Committee’s general comment No. 20 (2009) on non-discrimination in economic, social and cultural rights, to expedite the adoption of a comprehensive anti-discrimination law prohibiting all direct, indirect and multiple forms of discrimination on any grounds and providing for effective remedies for victims of discrimination, including within judicial and administrative proceedings.