including medical and psycho-social rehabilitation, provided to these victims. However, it takes note of the
information provided in the replies to the list of issues that the formulation of a Rehabilitation Program within one
year from the entry into force of the proposed Anti-Torture Bill is stipulated in the Bill (art. 14).
The State party should strengthen its efforts to provide victims of torture and ill-treatment with fair
and adequate compensation, redress and as full rehabilitation as possible. Furthermore, the State
party should provide in its next periodic report information about any reparation programmes,
including treatment of trauma and other forms of rehabilitation provided to victims of torture and
ill-treatment, as well as the allocation of adequate resources to ensure the effective functioning of such
programmes.
Coerced confessions
(23) While noting that Section (d, e) of Republic Act 7438 and Section 25 of the 2007 Human Security Act
prohibit the admissibility of evidence obtained through torture or duress, the Committee is concerned at reports that
such prohibition is not respected in all cases and that the burden of proof as to whether the statement has been made
as a result of torture rests with the suspect, not the prosecution (art. 15).
The State party should take the necessary steps to ensure inadmissibility in court of confessions
obtained under torture or duress in all cases in line with the provisions of article 15 of the Convention.
Children involved in armed conflict
(24) The Committee appreciates the various legislative and other measures adopted by the State party, including
the 2001 Comprehensive Program on Children Involved in Armed Conflict, the creation, in 2004, of an
Inter-Agency Committee on Children Involved in Armed Conflict, the activities of the National Commission on
Indigenous Peoples in this respect as well as the visit of the Special Representative of the Secretary-General for
children and armed conflict in December 2008. Nonetheless, the Committee expresses serious concern about
allegations of continued abduction and military recruitment of child soldiers by the non-State armed groups,
including the Moro Islamic Liberation Front, the New People’s Army and the Abu Sayyaf (art. 16).
The State party should take the necessary steps, in a comprehensive manner and to the extent possible,
to prevent the abduction and military recruitment of children by armed groups that are distinct from
the armed forces of the State. The State party should also take the necessary measures to facilitate the
reintegration of former child soldiers into society.
Domestic violence
(25) The Committee takes note of various measures taken by the State party, including the enactment, in 2004, of
the Anti-Violence Against Women and their Children Act (RA 9262) and the establishment of a significant number
of Women and Children Desks in police stations all over the country and the Women and Children Protection Centre
of the PNP. However, the Committee expresses its concern about the prevalence of violence against women and
children, including domestic violence. It is further concerned about the lack of State-wide statistics on domestic
violence and that sufficient statistical data on complaints, prosecutions and sentences in matters of domestic
violence were not provided (arts. 1, 2, 12 and 16).
The State party should increase its efforts to prevent, combat and punish violence against women and
children, including domestic violence. The Committee calls upon the State party to allocate sufficient
financial resources to ensure the effective implementation of the Anti-Violence Against Women and
their Children Act. The State party is encouraged to participate directly in rehabilitation and legal
assistance programmes and to conduct broader awareness campaigns for officials (judges, law officers,
law enforcement agents and welfare workers) who are in direct contact with the victims. In addition,
the Committee recommends that the State party strengthen its efforts in respect of research and data
collection on the extent of domestic violence.
Furthermore, the State party is encouraged to promptly enact the Magna Carta of Women (House
Bill 4273) which is the national translation of the Convention on the Elimination of All Forms of
Discrimination against Women.
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