Lim, Carie Emerald Pecaoco.
Discrimination against illegitimate children : the continuing inability to comply with United Nation convention of the right of the child / Carie Emerald P. Lim. - Cebu City : University of Cebu, 2016. - iv, 98 leaves ;
Thesis (Degree of Juris Doctor) -- University of Cebu-Banilad, 2016.
Includes bibliographical references (leaves 94-98).
Contents: Chapter I: The problem and its scope -- Chapter II: Review of related literature, theoretical background and conceptual framework, review of related literature -- Chapter III: Discussion -- Chapter IV: Summary of findings, conclusion, recommendation -- Summary of findings -- Conclusion -- Recommendation -- Proposed bills -- References.
Summary : Illegitimate children continue to be discriminated against by laws and society. In 1990, the Philippines, by becoming a State Party to the UNCRC, obliged itself to uphold the non-discrimination clause (Article 2). Thus, there is a need to enforce anti-discriminatory laws and amend existing laws to correct the existing discriminatory provisions under the laws. However, even after more than a decade, the Philippines is still unable to comply with its obligations. The Philippine laws, namely the Civil Code and Family Code, have been enacted prior to 1990, yet no substantial amendments have been enacted to keep it in keeping with the UNCRC. Thus, the researcher's main objective is to come up with a concrete recommendation of the laws that must be enacted.
The study utilized a qualitative evaluation research method. The study looked into the compliance of the Philippines with its treaty obligations in the legal aspect. The existing laws were analyzed and classified whether there is a need to repeal, amend or retain them.
The results revealed that there are laws that must be enacted, repealed and those that must be retained. Every provision which needs to be repealed is given a proposal of what it should be. The Philippines failed to comply with the UNCRC. On the principle of pacta sunt servanda, the Philippines must comply with its treaty obligations in good faith. The Philippines cannot invoke its Constitution for failure to comply. Even assuming that it can, the researcher has determined the unconstitutionality of the challenged provisions.
English
Discrimination against illegitimate children : the continuing inability to comply with United Nation convention of the right of the child / Carie Emerald P. Lim. - Cebu City : University of Cebu, 2016. - iv, 98 leaves ;
Thesis (Degree of Juris Doctor) -- University of Cebu-Banilad, 2016.
Includes bibliographical references (leaves 94-98).
Contents: Chapter I: The problem and its scope -- Chapter II: Review of related literature, theoretical background and conceptual framework, review of related literature -- Chapter III: Discussion -- Chapter IV: Summary of findings, conclusion, recommendation -- Summary of findings -- Conclusion -- Recommendation -- Proposed bills -- References.
Summary : Illegitimate children continue to be discriminated against by laws and society. In 1990, the Philippines, by becoming a State Party to the UNCRC, obliged itself to uphold the non-discrimination clause (Article 2). Thus, there is a need to enforce anti-discriminatory laws and amend existing laws to correct the existing discriminatory provisions under the laws. However, even after more than a decade, the Philippines is still unable to comply with its obligations. The Philippine laws, namely the Civil Code and Family Code, have been enacted prior to 1990, yet no substantial amendments have been enacted to keep it in keeping with the UNCRC. Thus, the researcher's main objective is to come up with a concrete recommendation of the laws that must be enacted.
The study utilized a qualitative evaluation research method. The study looked into the compliance of the Philippines with its treaty obligations in the legal aspect. The existing laws were analyzed and classified whether there is a need to repeal, amend or retain them.
The results revealed that there are laws that must be enacted, repealed and those that must be retained. Every provision which needs to be repealed is given a proposal of what it should be. The Philippines failed to comply with the UNCRC. On the principle of pacta sunt servanda, the Philippines must comply with its treaty obligations in good faith. The Philippines cannot invoke its Constitution for failure to comply. Even assuming that it can, the researcher has determined the unconstitutionality of the challenged provisions.
English