1 国際調査

参考資料4-1 フィリピン政府による包括的な最初の報告に対する事前質問事項

A. Purpose and general obligations (arts. 1-4)

 1. Please clarify the extent to which the National Council on Disabilities has been effective in formulating disability policies. Please also specify which “domestic legislations” have been revised in order to harmonize the State party’s legal provisions with the Convention and to uphold the rights of persons with disabilities.

 2. Please indicate the measures that the State party has adopted to ensure the full and equal involvement of persons with disabilities, in particular the most marginalized groups of persons with disabilities, such as persons with leprosy, through their representative organizations, in decision-making processes, and in the drafting of all disability-related legislation, policies, strategies and action plans.

 3. Please inform the Committee on measures adopted by the State party in order to implement the Philippines’ Development Plan 2017-2022, which aims at reducing the vulnerability of individuals and families, including persons with disabilities, and the Philippines’ Decade of “Make the Right Real for Persons with Disabilities” 2013-2022.

 4. With reference to the “utmost priorities” identified in paragraph 16 of the initial report, please indicate what the priorities were and how they have been incorporated in the National Plan of Action for the Decade.

 5. Please indicate if the State party has a clear plan to systematically review the concept of disability in its national legislation in order to bring it in full conformity with the criteria and principles set out in articles 1 to 3 of the Convention.

 6. Please indicate when the State party intends to ratify the Optional Protocol to the Convention on the Rights of Persons with Disabilities.

 7. Please inform the Committee on the extent to which the State Party has implemented the Department of Budget and Management (DBM) and the DSWD’s (Joint Circular No. 2003-01) guidelines in order to set aside one percent of government agency budget quota for programs/projects dedicated to persons with disabilities.

 8. Please inform the Committee about measures taken to implement provisions on reasonable accommodation and universal design through legislation and policies. Please also provide detailed information on the outcomes of such measures.

B. Specific rights of the Convention

Equality and non-discrimination (art. 5)

 9. Please inform the Committee about the effectiveness of the Magna Carta of Persons with Disabilities of 1992 (RA 7277), and its subsequent amendments in 2007 and 2016 in addressing issues related to discrimination of persons with disabilities. Please also indicate how effectively the State party monitors the extent to which persons with disabilities are protected against discrimination in the areas of employment, education, health, social services, telecommunications, accessibility, and in their participation and inclusion in society.
 9.障害者の差別に関する問題に対処するために、1992年の障害者憲章(マグナカルタ)(RA 7277)の効力、及び2007年、2016年のその後の改正について委員会に通知してください。また、雇用、教育、保健、社会に係るサービス、通信、アクセシビリティ、社会への参加及び包容の分野における差別から障害者がどの程度保護されているかについて、締約国がどのように効果的に監視しているかを示してください。

 10. Please provide information on the available legal remedies to persons with disabilities to challenge discriminatory laws and practices. Please also indicate the percentage of such claims for which remedies have been granted and the nature of such remedies.

 11. Please explain what efforts have been made by the State party to end stigma and discrimination against persons with leprosy related disabilities.

 12. Please explain whether persons with leprosy related disabilities are legally recognized as persons with disabilities under the national disability law and what actions have been taken by the authorities to repeal laws that discriminate against persons with leprosy related disabilities.

Women with disabilities (art. 6)

 13. Please provide the Committee with data on incidents of discrimination employment rates, overall educational levels achieved, and incidence of violence and sexual including sexual exploitation, against women with disabilities. Please inform the Committee about measures to implement legislative measures such as, the R.A. No. 7877, R.A. No. 9262, R.A. No. 9710 and the “Magna Carta of Women” for the protection of women with disabilities against violence.
 13. 障害のある女性に対する雇用における差別の発生率、全体的な教育達成レベル、暴力や性的搾取を含む性的被害の事件に関するデータを委員会に提供してください。R.A. 第7877号, R.A. 第9262号、R.A.第9710号、障害のある女性を暴力から保護するための女性憲章(マグナカルタ)のような法的措置を実施するための措置について委員会に知らせてください。

Awareness-raising (art. 8)

 17. Please provide information on any training programs targeted to include members of legal profession, public officers, police, teachers and local government officers to raise awareness of the human rights model of disability and to enhance the understanding of the principles of the Convention.

Accessibility (art. 9)

 18. Please inform the Committee about the instruments currently in place to monitor the effectiveness of the ‘Accessibility Section 25 (Barrier-Free Environment) and Section 27 (Access to Public Transport Facilities) of R.A. No. 7277 (para. 11) in ensuring that persons with disabilities have access to public and private buildings.
 18. 障害者が公共及び民間の建物にアクセスできるようにする際に、「R.A.第7277号(第11項)のアクセシビリティ第25章(バリアフリー環境)及び第27章(公共交通施設へのアクセス)」の有効性を監視するための現在の手段について委員会に通知してください。

 19. Please inform the Committee about measures taken to ensure access to information and communication technologies in accessible formats that are appropriate for persons with disabilities, with special regard for children with disabilities in inclusive education settings, such as Braille, Easy Read and plains language. Please also inform the Committee about measures to ensure web accessibility.

Situations of risk and humanitarian emergencies (art.11)

 20. Please provide information on the extent to which disaster risk reduction strategies are accessible and inclusive of persons with disabilities, particularly for persons with intellectual and/or psychosocial disabilities, persons with reduced mobility, children with disabilities, deaf and blind in all the stages. Please provide information on the extent to which persons with disabilities through their representative organizations participate in the design, implementation, evaluation and monitoring of disaster and risk reduction strategies and policies.

Equal recognition before the law (art. 12)

 21. Please explain whether the Legal Protection granted under R.A. No. 9406 recognizes full legal capacity for persons with disabilities, in particular persons with intellectual and/or psychosocial disabilities, and provide information on measures to establish supported decision-making schemes which respect the rights, will and preferences of persons with disabilities.

Access to justice (art. 13)

 22. Please indicate the extent to which the legal system ensures the provision of procedural and age appropriate accommodations for persons with disabilities in order to facilitate their effective role as direct and indirect participants in the judicial system, including through the provision of free legal assistance under the R.A. No. 9406. Please indicate whether professionally trained sign language interpreters are available for deaf persons.

Liberty and security of the person (art. 14)

 23. Please provide information, on persons with disabilities who have been deprived of their liberty on the basis of their actual or perceived impairment, and in particular, persons with intellectual or psychosocial disabilities, and explain the legislative and administrative measures have been adopted to ensure that no one is institutionalized or deprived of liberty on the basis of their impairment.

Freedom of Torture or Cruel inhumane or degrading treatment or punishment (art. 15)

 24. Please inform the Committee about measures available to protect persons with disability against sexual commercial exploitation of young girls with disabilities including their use in pornography.

Freedom from exploitation, violence and abuse (art. 16)

 25. Please inform the Committee on whether the State party systematically monitors cases of exploitation, violence and abuse against persons with disabilities, such as engagement with or without their consent in begging.

 26. Please inform the Committee about the ways in which the State party’s R.A. No. 9442 Sections 39-42 protects persons with disabilities against abuse and hatred, and on the measures adopted to ensure that individuals or group of individuals who violates the provisions of this law are sanctioned.

Living independently and being included in the community (art. 19)

 27. Please explain whether ‘the promotion of the welfare of the persons with disabilities’ include a road map for their deinstitutionalization, and inform the Committee about progress achieved so far in this process (para. 109 of the State party report).

 28. Please provide information on the number of persons living in institutions disaggregated by type of impairment sex and age and indicate how the National Action Plan to implement the Convention has been effective in implementing deinstitutionalization.
 28. 機能障害の種別、性別、年齢で分類した、施設居住者の数の情報を提供し、条約を実施するための国家行動計画がどのように脱施設化の実施に効果的であるかを示してください。

Freedom of expression and opinion and access to information (art.21)

 29. Please provide information on measures to implement policies on tactile, sign language and other alternative and augmentative means and modes of communications and interpretation services as well as on measures to ensure access to public documents and the web by persons with disabilities, and particularly for persons with visual and hearing disabilities. Please inform the Committee on steps taken in order to establish Filipino Sign Language as an official language of the State party.

Respect for Home and Family (art.23)

 30. Please indicate whether the State party has adopted measures to address situations in which the family may become a barrier that hinder children with disabilities from fully participating in society on an equal basis with others and to express their opinions and take part in the decision-making process.
 30. 障害のある児童の家族が、障害のある児童が他者との平等を基礎として、社会に完全に参加することを妨げる障壁になりうる状況に対処し、障害のある児童が意見を表明し、意思決定過程に参加するための措置を締約国が採択しているかどうか、明示してください。

Education (art. 24)

 31. Please explain whether the State party has carried out any research on the socio-economic and cultural benefits of the right on inclusive education, in line with art 24 of the Convention and the Committee’s General Comment no. 4 (2016). Please elaborate on the measures the State party plans to adopt to implement inclusive education for learners with disabilities. Please refer to measures to implement the RA 7277 policy and the Zero Rejection Policy of the Department of Education.

Health (art. 25)

 32. Please inform the Committee about measures adopted to effectively improve access to health care facilities and services for persons with disabilities at an affordable cost, particularly to children with disabilities and persons with disabilities living in rural areas. Please provide further information on whether public health education is provided to all persons with disabilities in accessible formats.

Habitation and rehabilitation (art. 26)

 33. Please indicate to what extent the R.A. No 7277, otherwise known as the “Magna Carta for Persons with Disabilities and the R.A. 1179 “Vocational Rehabilitation Act” have been instrumental in providing rehabilitation services, including community based-rehabilitation (CBR) services, and are based upon the five key elements of the World Health Organisation Framework of CBR. Please also indicate what attempts have been made to link the CBR to relevant articles of the Convention.

 34. Please explain to what extent medical, social, educational, and vocational rehabilitation services are provided both in urban and rural areas and the types of rehabilitation and habilitation services, such as assistive devices, provided in an accessible and affordable manner to persons with disabilities.

 35. Please indicate measures taken to amend the R.A. 1179 the “Vocational Rehabilitation Act of 1954” since the ratification of the Convention.

Work and employment (art.27)

 36. Please inform the Committee on the average earnings of workers with disabilities compared with the national average. Please also inform on the proportion of workers with disabilities who receive statutory minimum income.

 37. Please provide data on the effectiveness of the five per cent quota system for employment as it applies to different types of impairment, together with data on the employment/unemployment of persons with disabilities disaggregated by sex, age, ethnicity and type of disability and educational level.

Adequate standard of living and social protection (at. 28)

 38. Please inform the Committee on whether the State party applies the “‘DSWD’s Sustainable Livelihood Self-Employment Assistance Kaunlaran program” to persons with disabilities. If so, indicate how its effectiveness is monitored.

 39. Please inform the Committee about the implementation of the 2006 National Policy and Plan of Action on Disability (NPPAD) and the Poverty Alleviation Fund (PAF) and the extent to which they have ensured a decent standard of living for persons with disabilities with reference to paragraph 196 of the State party’s report, please inform the Committee on measures adopted by the State party to address the high percentage of persons with disabilities living under poverty.

Participation in political and public life (art. 29)

 40. Please inform the Committee on measures adopted to guarantee the exercise of political rights of persons with disabilities at the local, regional and national levels. Please inform the Committee about measures to implement the R.A. 10366 that “authorizes the COMELEC to Establish Precincts Exclusively for Persons with Disabilities”.

Participation in cultural life, recreation, leisure and sport (art.30)

 41. Please inform the Committee on the outcome of the implementation of the Memorandum “Audit of All National Government Sports Centres on Accessibility to Persons and Athletes with Disabilities” (2010) in eliminating barriers that hinder the inclusion of persons with disabilities in cultural life, recreation and sport. Please inform the Committee on steps taken to ratify the Marrakesh Treaty to Facilitate Access to Published Works for Persons Who Are Blind, Visually Impaired, or Otherwise Print Disabled.

C. Specific obligations (arts. 31-33)

Statistics and data collection (art. 31)

 42. Please inform the Committee about measures adopted to improve the availability of high-quality, timely and reliable data disaggregated by income, sex, age, ethnicity, type of disability, geographic locations and other characteristics relevant in national contexts. Please also inform the Committee about measures to include the Washington Group Short set of questions on disability in censuses ad household surveys.

International cooperation (art. 32)

 43. Please indicate the extent to which the State party has engaged persons with disabilities through their representative organizations to participate in the process of international development cooperation by, inter alia, including them in the task of identifying, designing, implementing and monitoring disability inclusive projects.

 44. Please inform the Committee on the extent to which the State party has used international cooperation in line with, target 8.5 and target 10.2 of the Sustainable Development Goals, in order to empower and promote the social, economic and political inclusion of persons with disabilities.

National implementation and monitoring (art. 33)

 45. Please inform the Committee on steps taken to establish an independent national monitoring mechanism in line with article 33 (2) of the Convention and, its compliance with the Paris Principles. Please also provide information on the annual budget allocated to such independent mechanism. Please provide information on the measures to ensure the full involvement of organizations of persons with disabilities in monitoring activities.

2 訳者注:Commission on Elections, フィリピン選挙管理委員会