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02 - Judith Fortin - Existing Laws and Standards

The document discusses the Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW). It provides an overview of CEDAW, including that it is the first international treaty addressing women's human rights and has been ratified by 189 countries. The document also discusses laws, policies, and programs enacted in the Philippines related to CEDAW and ending violence against women.

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0% found this document useful (0 votes)
34 views31 pages

02 - Judith Fortin - Existing Laws and Standards

The document discusses the Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW). It provides an overview of CEDAW, including that it is the first international treaty addressing women's human rights and has been ratified by 189 countries. The document also discusses laws, policies, and programs enacted in the Philippines related to CEDAW and ending violence against women.

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robi doco
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
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Convention on the

Elimination of All Forms of


Discrimination Against
Women (CEDAW)
discrimination against women" shall mean
any distinction, exclusion or restriction
made on the basis of sex which has the
effect or purpose of impairing or nullifying
CEDAW the recognition, enjoyment or exercise by
women, irrespective of their marital status,
Overview on a basis of equality of men and women, of
human rights and fundamental freedoms in
the political, economic, social, cultural, civil
or any other field.
 the first and only international treaty
that comprehensively addresses
the human rights of women
 International Bill of Rights for
Women
CEDAW  Adopted by the UNGA on
December 18, 1979
Overview
 Ratified by 189 countries including
the Philippines
 Philippine Government committed
to stop all discriminations against
women
• Focuses on:
o Protection of women and girls against
violence
o Promotion of women and girls rights to
equal treatment and non-discrimination
o Fulfillment of women and girls rights
through legal reforms

• PCW aims to address the gaps in the


CEDAW implementation and enforcement of women-
friendly laws through:
Overview o improved coordination
o formulation of policy and development
of legal instruments and mechanisms
o increased capacities of service
providers, increased public awareness
on CEDAW
o faster and increased number of court
decisions and dispositions on cases of
trafficking
o improved monitoring and reporting on
VAW
Apart from the five (5) priority laws on CEDAW
(RA 9262, RA 7877, RA 8353, RA 8505 and RA
9208), other anti-VAW related laws passed
even prior to 2012 are as follows:
• Anti-Child Pornography Act (RA 9775,
2009)
Enacted • Anti Photo and Video Voyeurism Act (RA
9995, 2009)
Legislation • Magna Carta of Women (RA 9710, 2009)
• Anti-Torture Act (RA 9745, 2009)
prior 2012 • Philippine Disaster Risk Reduction and
Management (PDRRM) Act
(RA 10121, 2010)
• Cybercrime Prevention Act (RA 10175,
2012)
• Responsible Parenthood and
Reproductive Health Act (RA 10354,
2012)
Among the VAW-related laws that were
approved between the 2013 to 2015
includes:
• Domestic Workers Act (RA 10361,
2013)
• Expanded Anti-Trafficking in Persons
Enacted VAW- Act (RA 10364, 2013)
related laws • Act Declaring the November 25 of
Every Year as the “National
(2013-2015) Consciousness Day For The
Elimination Of Violence Against
Women And Children” (RA 10398,
2013)
• Amendment to the Revised Penal
Code Repealing the Crime of
Premature Marriage Under Article
351 (RA 10655, 2015)
• IACVAWC Strategic Action Plan
2014-2016
• allows synchronized and
coordinated activities among
Council member-agencies
Other VAW- • built on the results of the
related Policies assessment of RA 9262 and first
IACVAWC Strategic Plan
& Plans • IACAT Strategic Action Plan (2004-
2010) & (2012-2016)
• Barangay VAW Desk Handbook
• developed in 2013 as
supplement to the provision of
the MCW and DILG-DSWD-
DOH-DepEd-PCW Joint
Memorandum Circular
• Philippine National Action Plan on
Women, Peace and Security (NAP
WPS) 2010-2016
• a six-year plan, country’s response
to international normative standards
Other VAW- on women, peace and security,
namely: United Nations (UN)
related Resolution 1325 (2000), UN
Resolution 1820 (2008), Resolution
Policies & 1888 (2009)
Plans • Women’s Empowerment,
Development and Gender Equality
(Women’s EDGE) Plan 2013-2016
• Launched in March 2014
• recognizes VAW as a priority gender
issue that needs immediate attention
Other VAW-
related • Expanded VAWC or e-VAW law to amend
the RA 9262
legislative • Amendment to RA 7877 or the Anti-Sexual
measures Harassment Law of 1995
pending in • Amendment to RA 8353 or the Anti-Rape
Law of 1997
Congress
Programs and Services addressing VAW

Department of Social Welfare and


Development (DSWD)
• Gender-Responsive Case Management Manual
for Social Workers
• Center-based and Community-Based Services
• Residential care facilities
Administrative • Rape crisis centers
• Recovery and Reintegration Program for Trafficked
Measures Persons (RRPTP)
• National Referral System for the Recovery and
Reintegration of Trafficked Persons
• International Social Welfare Services for Filipino
Nationals (ISWSFN)
• Comprehensive Intervention Against Gender-
Based Violence (CIAGV)
• Women-Friendly Spaces (WFS) and Manual
OTHER PROGRAMS AND SERVICES
ADDRESSING VAW

• Philippine National Police


• Philippine National Police (PNP) issued Letter of
Instructions 01-2011
• PNP National Anti-Trafficking Committee
Administrative
Measures • Department of Health
• Established Women and Children Protection
Centers (WCPC)

• NDRRMC
• Distribution of Dignity Kits (e.g. malong and
sanitary napkin)
Convention on
Migrants Workers
Convention on the Rights of Persons with
Disabilities (CRPD)
Ratified on 15 April 2008

- to promote, protect and ensure the full and equal


enjoyment of all human rights and fundamental
freedoms by all persons with disabilities, and to
promote respect for their inherent dignity.

- include those who have long-term physical, mental,


intellectual or sensory impairments which in
interaction with various barriers may hinder their full
and effective participation in society on an equal
basis with others.
• Republic Act No. 10524, titled “An act expanding the
positions reserved for persons with disability,
amending for the purpose Republic Act No. 7277, as
amended, otherwise known as the Magna Carta For
Persons With Disability” passed into law on 23 April
2013

Enacted Legislation • Republic Act No. 10366, titled “An act authorizing
the Commission on Elections to establish precincts
on the Rights of assigned to accessible polling places exclusively for
persons with disabilities and senior citizens” passed
Persons with into law on 15 February 2013.
Disabilities (CRPD)
• Republic Act No. 10372, titled “An act amending
certain provisions of Republic Act No. 8293,
otherwise known as the Intellectual Property Code
of the Philippines, and for other purposes,” passed
into law on 28 February 2013
Section 1: Promotion of realization of
PWDs rights to participate in social life
& the dev’t of societies
- no license or permit for the structural
Accessibility Law features as shall reasonably enhance the
(Batas Pambansa mobility of disabled persons such as
sidewalks, ramps, railings and the like.
Bilang 344) and its
Amended - all such existing buildings, institutions,
Implementing Rules establishments, or public utilities may be
renovated or altered to enable the
and Regulations - disabled persons to have access to them
Philippines
- establishments, or public utilities to be
constructed or established for which
licenses or permits had already been
issued may comply with the
requirements of this law
Section 1: Gov’t buildings , streets,
highways & parking place
- the Ministry of Public Works and
Highways shall see to it that the same
Accessibility Law shall be provided with architectural
(Batas Pambansa facilities or structural features for
Bilang 344) and its disabled persons
Amended
Implementing Rules • In the case of the parking place of
and Regulations - any of the above institutions,
Philippines buildings, or establishment, or public
utilities, the owner or operator shall
reserve sufficient and suitable
space for the use of disabled
persons.
Section 2 : Public conveyance
In case of public conveyance, devices
such as the prominent display of
posters or stickers shall be used to
Accessibility Law generate public awareness of the
(Batas Pambansa rights of the disabled and foster
Bilang 344) and its understanding of their special
Amended needs.
Implementing Rules
and Regulations - Special bus stops shall be designed
Philippines for disabled persons. Discriminating
against disabled persons in the
carriage or transportation of
passengers is hereby declared
unlawful.
Section 4 : Penalties
- suffer the penalty of imprisonment of
not less than one month but not more
than one year or a fine of P2,000 to
Accessibility Law P5,000 or both, at the discretion of the
(Batas Pambansa court:
Bilang 344) and its
Amended Provided, that in the case of corporations,
Implementing Rules partnerships, cooperatives or associations,
and Regulations - the president, manager or administrator,
Philippines or the person who has charge of the
construction, repair or renovation of the
building, space or utilities shall be
criminally responsible for any violation
“Section 5. Equal Opportunity for
Employment. – No person with disability shall
be denied access to opportunities for suitable
employment. A qualified employee with
disability shall be subject to the same terms
RA 10524: An Act Expanding and conditions of employment and the same
the Positions Reserved for compensation, privileges, benefits, fringe
Persons with Disability, benefits, incentives or allowances as a qualified
able-bodied person.
Amending for the Purpose
Republic Act No. 7277, As “At least one percent (1%) of all positions in all
Amended, Otherwise known as government agencies, offices or corporations
the Magna Carta for Persons shall be reserved for persons with disability:
Provided, that private corporations with more
with Disability signed by than one hundred (100) employees are
Benigno Aquino on 05 February encouraged to reserve at least one percent
(1%) of all positions for persons with
2013 disability.”
The STATE shall
 Give full support to the improvement of the
total well-being and their integration into the
mainstream of society.
 Adopt policies ensuring the rehabilitation,
self-development and self-reliance
RA 7277: An Act Providing for
 Develop their skills and potentials to enable
the Rehabilitation, Self- them to compete favorably for available
Development and Self-Reliance opportunities.
of Disabled Person and their  Concern on the rehab to foster their
Integration into the Mainstream capability to attain a more meaningful,
of Society and for other productive and satisfying life.
Purposes otherwise known as  Advocate for and encourage respect for
disabled persons.
the Magna Carta for Disabled
Persons’ signed by Corazon  Exert all efforts to remove all social, cultural,
economic, environmental and attitudinal
Aquino on 24 March 1992 barriers that are prejudicial to them.
 Recognize the role of the private sector in
promoting their welfare and shall encourage
partnership in programs that address their
needs and concerns.
• Article 78 defines handicapped
workers as “those whose earning
capacity is impaired by age or
physical or mental deficiency or
injury.”

Philippine • Article 80 which provides for special


allowable terms and conditions for the
Labor Code employment of handicapped workers.

• Supreme Court’s decision reasons that


when a PWD holds a position for which
he/she is qualified, it necessarily means
that there is, contextually, no impaired
earning capacity. This is because the
‘disability does not render them unfit
or unqualified for the tasks assigned
to them. Therefore, PWDs should be
accorded the same rights and
privileges as a similarly qualified able-
bodied persons in such cases. ’
• Department of Health - Philippine Registry
for Persons with Disabilities (System
operationalized)
• Estimated 30,000 persons with disabilities
Identification card issued and registered
• DSWD National Household Targeting System-
NCDA Programs Poverty Reduction (NHTSPR)
related to the • Persons with disabilities are already included
in the survey
enacted laws on the
• Collection of local legislations on disability
Rights of Persons
• One (1) compendium on local legislations on
with Disabilities administrative structures of persons with
(CRPD) disabilities)
• Organized disabled persons group in all the
regions of the country in partnership with
DSWD
• About two hundred (200) organizations of
persons with disabilities are functional with
ongoing advocacy activities

• About 200 women with disabilities have


been trained in leadership and personality
development covering the areas of Regions
NCDA Programs II, CAR, VII, and XI to ensure their advocacy
related to the and participation in the community
enacted laws on the
• About 76% of the regions have regional
Rights of Persons federation of persons with disabilities (CAR, I,
with Disabilities II, III, V, VI,VII, IX, X, XI, XII, CARAGA, NC
(CRPD)
• About 138 local committees on disability
were established to coordinate disability
agenda in line with the convention on the
rights of persons with disabilities.
• LGUs ensuring implementation of the Accessibility
Law in its respective jurisdiction; Orientations
conducted for Local Building Officials and PWD
Organizations on accessibility monitoring; LGUs
compliant with CRPD Standard

• Expansion to additional regions in Visayas and


Mindanao

NCDA Programs • As to date based on the SGLG report 254 of the city
and municipal buildings are accessible which is 20%
related to the increase in 1,291 compliant accessible buildings
reported by DPWH in 2010
enacted laws on the
• At present the land transportation such as taxis,
Rights of Persons buses, jeepneys, LRTs and MRT, PNR are all safe for
PWDs. Only LRT, MRT and PNR have facilities for
with Disabilities accessibility. In Metro Cebu, taxis and jeepneys are
being monitored by persons with disabilities
(CRPD) themselves through a task force organized by the
city. While in Iloilo, there is a need for a strong
group of persons with disabilities to lobby for
accessible land transportation facilities. On the
other hand, NCR jeepneys and buses are not
accessible to persons with disabilities
• Sensitivity trainings for PAO lawyers and
prosecutors from regions NCR, III, V, VI, VII,
X, and XI - Access to justice for persons with
disabilities (60 prosecutors per region or 420
covering 7regions)
• Sensitivity training for Department of Trade
and Industry personnel
• Training of Airline front liners on how to
NCDA Programs assist passengers with disabilities (PAL and
Cebu Pacific)
related to the • Training of government web administrators,
designers, and content providers for web
enacted laws on the accessibility of government sites - Thirty (30)
Rights of Persons web designers
• Inclusion of BP 344 to the Seal of Good
with Disabilities Governance of the DILG for LGU compliance
(CRPD) • Disability Inclusive Disaster Risk Reduction
Training Regions IV-A, and VI,
• NCDA conducts consultation with the
regional committee on disability affairs as a
strategy on a regular basis
Child and Youth Welfare Code: Article 3, Section 12

“Every child has the right to grow up as a free


individual, in an atmosphere of peace, understanding,
tolerance, and universal brotherhood, and with the
determination to contribute his share in the building
of a better world.”
• Elimination of the Worst Forms of Child Labor (RA No. 9231)
• Anti-Trafficking in Persons Act, as amended (RA No. 9208)
• Anti-Child Pornography Act (RA No. 9775)
• Anti-Bullying Act (RA No. 10627)
• Anti-Rape Law (RA No. 8353)
• Indigenous Peoples' Rights Act (RA No. 8371)
• Children's Emergency Relief and Protection Act (RA No. 10821)
• The Child and Youth Welfare Code (PD 603)
• The Juvenile Justice and Welfare Act, as amended (RA No. 9344)
• AO No. 1 s. 2015 - The guidelines for the
implementation of Section 12 of RA 8371
otherwise known as the Indigenous Peoples
Rights Act of 1997;
B. AO No. 1, s. 2014 - The 2014 Revised
Rules of Procedure Before the National
Commission on Indigenous Peoples;
• AO No. 5, s. 2012 - NCIP Guidelines of 2012
on the Merit-Based scholarship (NCIP-MBS)
and Educational Assistance (NCIP-EA);
• AO No. 4, s. 2012 - Revised Omnibus Rules
on Delineation and Recognition of Ancestral
Domains and Lands of 2012;
• AO No. 3, S. 2012 - The Revised Guidelines
on Free and Prior Informed Consent (FPIC)
6 policies instituted for more effective and and Related Processes of 2012;
efficient implementation of NCIP quasi- • AO No. 2, s. 2012 - The General Guidelines
on the Confirmation of Indigenous Political
judicial and executive/administrative Structures and the Registration of Indigenous
powers and functions nationwide: Peoples’ Organization; and
• AO No. 1, S. 2012 - The Indigenous
Knowledge Systems and Practices (IKSPs)
and Customary Laws (CLs) Research and
Documentation Guidelines of 2012.
Human rights core principles ---

• Participatory
• Accountability
• Non-discriminatory
• Transparency
• Human dignity
• Equality
• Rule of law

Leaving no one Left Behind!!!!

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