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Legal Basis For The Study of Gender and Society

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104 views61 pages

Legal Basis For The Study of Gender and Society

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kimberlydespair4
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© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
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LEGAL FRAMEWORKS

ON GENDER
EQUALITY
CONTENTS

0 CHED Memo no. 1


1 series 2015

0 CEDAW (1981)
1987 Constitution Article 11
2
Section 14
0 RA 7192 and IRR 1992
3
Beijing platform for Action (1995)
0
4 RA 9710 Magna Carta for
Women (2009)
0
5
CHED M e m o r a n d u m No. 1 Series 2015: Establishing
Policies a n d Guidelines on Gender a n d
Development in the C o m m i s s i o n on Higher
Education a n d Higher Education Institutions (HEIs)
Gender and development (GAD) is a development approach
that seeks to achieve gender equality and women's
empowerment. GAD recognizes that women and men have
different roles and needs, and that these roles and needs can
change over time.
Higher education has a critical role to play in promoting gender
equality and women's empowerment. By mainstreaming GAD
into all aspects of higher education, HEIs can create a more
inclusive and equitable learning environment for all students.
WHY CHED MEMO NO. 1 SERIES
2015 MATTERS?
Gender Inequality in HEIs
Women make up the majority of students enrolled in HEIs, but
they face discrimination and barriers to success.

Diversity & Inclusivity


Growing awareness of the value of diversity and inclusivity,
particularly in a world that is rapidly changing, makes policies like
CHED Memo No. 1 more necessary than ever.
Fighting for Gender Equality
Activists have fought for years to promote gender equality and
equal opportunities for women both inside and outside of HEIs.
OBJECTIVES OF CHED
MEMORANDUM NO. 1 SERIES
2015
CHED Memorandum No. 1 Series 2015 aims to:
Ensure that all HEIs in the Philippines are gender-responsive and
that they are contributing to the creation of a more just and
equitable society.
Provide HEIs with the framework and support they need to
mainstream
GAD into all aspects of their operations and programs.
Promote gender awareness and sensitivity among students,
faculty, and staff in HEIs.
KEY PROVISIONS OF CHED
MEMORANDUM NO. 1 SERIES
2015
CHED Memorandum No. 1 Series 2015 covers a
wide range of areas, including:
Gender-responsive curriculum and teaching
methodologies. Gender-inclusive research and
extension programs.
Gender-fair policies and practices in all
aspects of institutional
governance, such as recruitment, promotion, and
compensation. Gender-sensitive campus culture and
environment.
MECHANISMS FOR MONITORING AND
EVALUATING THE IMPLEMENTATION OF GAD
IN HEIS

CHED Memorandum No. 1 Series 2015 establishes a


number of mechanisms for monitoring and evaluating the
implementation of GAD in HEIs. These include:
The creation of Gender and Development Focal Points (GDFPs) in
all HEIs The development of GAD plans and budgets
The conduct of regular gender audits
CEDAW
(1981)
CEDAW stands for the Convention on the Elimination of All
Forms of Discrimination Against Women. It is an international
treaty adopted by the United Nations General Assembly in 1979 and
entered into force in 1981. The purpose of CEDAW is to
promote gender equality and eliminate discrimination against
women in all areas of life, including political, economic, social, cultural,
and civil rights.
CEDAW defines discrimination against women as "any distinction,
exclusion or restriction made on the basis of sex which has the
effect or purpose of impairing or nullifying the recognition,
enjoyment or exercise by women, irrespective of their marital
status, 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 importance of CEDAW in its role as a comprehensive and
legally binding instrument for the promotion and protection of
women's rights. Here are some key reasons why CEDAW is
significant:
Comprehensive
Framework International
Standard Legal
Obligations
Monitoring and
Accountability Awareness
and Advocacy
Empowerment of Women
Addressing
Intersectionality
ARTICLE 11, SECTION 14 OF
THE 1987 CONSTITUTION OF
THE PHILIPPINES
The State recognizes the role of women in nation-building
and shall ensure the fundamental equality before the law of
women and men.

The State shall provide for the protection of working


women by granting them working conditions conducive to
their welfare and for the rights and opportunities equal to that
of men.
REPUBLIC ACT NO.
7192 AND IRR
(1992)
Women in Development and Nation-
Building Act

Implementing Rules and Regulations


1992
REPUBLIC ACT NO. 7192
An act promoting the integration of women as full and equal
partners of men in development and Nation building and for other
purposes.

Be it enacted by the Senate and House of Representatives of the


Philippines in Congress assembled:

SECTION 1. Title - This Act shall be cited as the "Women in


Development and Nation Building Act."
SECTION 2. Declaration of Policy - The State recognizes the
role
of women in nation building and shall ensure the fundamental
equality before the law of women and men. The State shall
provide women rights and opportunities equal to that of men.
REPUBLIC ACT NO. 7192
An act promoting the integration of women as full and equal
partners of men in development and Nation building and for other
purposes.

Be it enacted by the Senate and House of Representatives of the


Philippines in Congress assembled:

SECTION 1. Title - This Act shall be cited as the "Women in


Development and Nation Building Act."
SECTION 2. Declaration of Policy - The State recognizes the
role
of women in nation building and shall ensure the fundamental
equality before the law of women and men. The State shall
provide women rights and opportunities equal to that of men.
REPUBLIC ACT NO. 7192
SECTION 3. Responsible Agency - The National Economic and
Development Authority (NEDA) shall primarily be responsible for
ensuring the participation of women as recipients in foreign aid,
grants and loans. It shall determine and recommend the amount to
be allocated for the development activity involving women.
SECTION 4. Mandate - The NEDA, with the assistance of the
National Commission on the Role of Filipino Women, shall ensure
that the different government departments, including its agencies
and instrumentalities which, directly or indirectly, affect the
participation of women in national development and their
integration therein;
REPUBLIC ACT NO. 7192
SECTION 5. Equality in Capacity to Act - Women of legal age,
regardless of civil status, shall have the capacity to act and enter into
contracts which shall in every respect be equal to that of men under similar
circumstances. In all contractual situations where married men have the
capacity to act, married women shall have equal rights.
SECTION 6. Equal Membership in Clubs - Women shall enjoy equal
access to membership in all social, civic and recreational clubs,
committees, associations and similar other organizations devoted to
public purpose. They shall be entitled to the same rights and
privileges accorded to their spouses if they belong to the same
organization.
REPUBLIC ACT NO. 7192

SECTION 7. Admission to Military Schools - Any provision of the


law to the contrary notwithstanding, consistent with the needs of the
services, women shall be accorded equal opportunities for appointment,
admission, training, graduation, and commissioning in all military or similar
schools of the Armed Forces of the Philippines and the Philippine National
Police not later than the fourth academic year following the approval of this
Act in accordance with the standards required for men except for those
minimum essential adjustments required by physiological differences between
sexes.
REPUBLIC ACT NO. 7192

SECTION 8. Voluntary PAG-IBIG, GSIS and SSS Coverage - Married


persons who devote full time to managing the household and family affairs
shall, upon the working spouse’s consent, be entitled to voluntary PAG-IBIG
(Pagtutulungan - Ikaw, Bangko, Industriya at Gobyerno), Government Service
Insurance System (GSIS) or Social Security System (SSS) coverage to the
extent of one-half (½) of the salary and compensation of the working spouse.
The contributions due thereon shall be deducted from the salary of the
working spouse.

The GSIS or the SSS, as the case may be, shall issue rules and
regulations necessary to effectively implement the provisions of this section.
REPUBLIC ACT NO. 7192
SECTION 9. Implementing Rules - The NEDA in consultation with the
different government agencies concerned shall issue rules and regulations
as may be necessary for the effective implementation of Section 2, 3, and
4 of this Act within six (6) months from its effectiveness.

SECTION 10. Compliance Report - Within six (6) months from the
effectiveness of this Act and every six (6) months thereafter, all
government departments, including its agencies and instrumentalities, shall
submit a report to Congress on their compliance with this Act.

SECTION 11. Separability Clause - If for any reason any section or


provision of this Act is declared unconstitutional or invalid, the
other sections or provisions hereof which are not affected thereby shall
continue to be in full force and effect.
REPUBLIC ACT NO. 7192
SECTION 12. Repealing Clause - The provisions of Republic Act
No.386, otherwise known as the Civil Code of the Philippines, as
amended, and of Executive Order No. 209, otherwise known as the Family
Code of the Philippines, and all laws, decrees, executive orders,
proclamations, rules and regulations, or parts thereof, inconsistent herewith
are hereby repealed.

SECTION 13. Effectivity Clause - The rights of women and all the
provisions of this Act shall take effect immediately upon its publication in
the Official Gazette or in two (2) newspapers of general circulation.
IMPLEMENTING RULES AND REGULATIONS
(IRR) FOR SECTIONS 2, 3, AND 4 OF
REPUBLIC ACT NO. 7192
RULE 1 : POLICY AND APPLICATION

SECTION 1. Purpose - These rules and regulations provide


guidance and measures that will mobilize and substantially enhance
the participation of women in the development process in ways equal
to that of men.

SECTION 2. Declaration of Policies - The State recognizes the role


of women in nation building and shall ensure the fundamental
equality before the law of women and men. The State shall provide
women rights and opportunities equal to that of men.
IMPLEMENTING RULES AND REGULATIONS
(IRR) FOR SECTIONS 2, 3, AND 4 OF
REPUBLIC
SECTION ACT
3. Mandate NO. 7192 Agency — (a) The National
and Responsible
Economic and Development Authority (NEDA) shall primarily be
responsible for ensuring the participation of women as recipients in
foreign aid, grants and loans. It shall determine and recommend the
amount to be allocated for the development activity involving
women.
(b) The NEDA and the National Commission on the Role of Filipino
Women (NCRFW) shall ensure that the different government
departments, including its agencies and instrumentalities which
directly or indirectly aff ect the participation of women in national
development and their integration therein;
1. Formulate and prioritize rural or countryside development
programs or projects, provide income and employment
opportunities to women in the rural areas and thus, prevent
their heavy migration from rural to urban or foreign countries;
IMPLEMENTING RULES AND REGULATIONS
(IRR) FOR SECTIONS 2, 3, AND 4 OF
REPUBLIC ACT NO. 7192
2.Include an assessment of the extent to which their programs
and/or projects integrate women in the development process and of
the impact of said programs or projects on women, including their
implications on enhancing the self-reliance of women in improving their
income;
3.Ensure the active participation of women and women’s
organizations in the development programs and/or projects
including their involvement in the planning, design,
implementation, management, monitoring and evaluation thereof;
4. Collect sex-disaggregated data and include such data in its
program/project
paper, proposal or strategy;
IMPLEMENTING RULES AND REGULATIONS
(IRR) FOR SECTIONS 2, 3, AND 4 OF
REPUBLIC ACT NO. 7192
5.Ensure that programs and/or projects are designed so that the
percentage of women who receive assistance is approximately
proportional to either their traditional participation in the targeted
activities or their proportion of the population, whichever is higher.
Otherwise, the following should be stated in the program/project
paper, proposal or strategy:
(i) The obstacles in achieving the goal;
(ii) The steps being taken to overcome those obstacles; and
(iii)To the extent that steps are not being taken to
overcome those obstacles, why they are not being
taken.
6.Assist women in activities that are of
critical significance to their self- reliance and
development.
IMPLEMENTING RULES AND REGULATIONS
(IRR) FOR SECTIONS 2, 3, AND 4 OF
REPUBLIC ACT NO. 7192
SECTION 4. Coverage — These rules shall apply to the following:
NEDA Secretariat of the NEDA Board and the NEDA Regional Offices
(NROs) serving as Secretariats to the various Regional Development
Councils (RDCs); Sub-regional Planning Development
Offices serving as the Technical Secretariats of
the various Local Development Councils and the
Local Government Executives;
NCRFW, the Government's National Machinery on Women;
All Government agencies and instrumentalities including Local
Governments to the extent provided for in the Republic Act; and
The Agency Women in Development (WID) Focal Points.

SECTION 5. Guidelines on Implementation — In the implementation


of the provisions of R.A. 7192 and its IRR, the following shall be
considered.
IMPLEMENTING RULES AND REGULATIONS
(IRR) FOR SECTIONS 2, 3, AND 4 OF
REPUBLIC ACT NO. 7192
RULE 2 : RESOURCE MOBILIZATION

SECTION 6. Resource Mobilization for Gender Concerns and


Women’s Activities
In supportof the full benefitsof gender responsive
planning, external and domestic resources shall be increasingly
mobilized for utilization by national and local government agencies
to support programs and projects for women. In the
implementation of the provisions of this Section, the
following considerations shall be strictly observed.
IMPLEMENTING RULES AND REGULATIONS
(IRR) FOR SECTIONS 2, 3, AND 4 OF
REPUBLIC ACT NO. 7192
RULE 3 : CLASSIFICATION OF PROGRAMS AND PROJECTS

SECTION 7. Programs and projects for women may take the following forms:
(a) “Integrated programs/projects” In support of development programs/projects
where women’s roles, contributions, benefits are appropriately integrated and
taken into account as early as project conceptualization.
The processes involved in the design of such projects are expected to have
considered the peculiarities of each gender as early as the project
development phase, and shall have corrected any imbalances that traditional
projects usually commit.
Such projects demonstrate higher forms of mainstreaming/including
gender/ women concerns in development eff orts where there are no built-in
barriers to the participation of either gender. On-going projects and
completed project proposals may be reviewed accordingly for inclusion of
gender-fair project approaches, and minimum but coherent description of the
concerns in the overall project objectives, design and strategies.
IMPLEMENTING RULES AND REGULATIONS
(IRR) FOR SECTIONS 2, 3, AND 4 OF
REPUBLIC ACT NO. 7192
RULE 3 : CLASSIFICATION OF PROGRAMS AND PROJECTS

SECTION 7. Programs and projects for women may take the following forms:
(b)“Women’s Components” - in support of women’s components within
larger general projects focusing on activities designed to harness the
potentials of the women sector, without necessarily altering the original
character of the project. This can be pushed through for pipeline projects that
are in the design stage where detailed replanning of components can be
undertaken.

(c)“For Women Only” - in support of studies and technical assistance


requirements to further promote the integration of women in development
policies and programs/projects. These are special support interventions in aid
of policy formulation and program/project development among others.
IMPLEMENTING RULES AND REGULATIONS
(IRR) FOR SECTIONS 2, 3, AND 4 OF
REPUBLIC ACT NO. 7192
RULE 4 : ROLES AND RESPONSIBILITIES

SECTION 8. NEDA and NCRFW Development Planning/Advocacy

(1) NEDA, in consultation with NCRFW, shall come up with a


relevant planning/updating framework to the various Planning Sub-
committees that will appropriately ensure the integration of gender
concerns in the development plans. NEDA and NCRFW shall provide
technical assistance to the Sectoral Planning Sub-committees. The
NROs, on the other hand, shall do the same to the regional and sub-
national planning bodies/committees.
IMPLEMENTING RULES AND REGULATIONS
(IRR) FOR SECTIONS 2, 3, AND 4 OF
REPUBLIC ACT NO. 7192
RULE 4 : ROLES AND RESPONSIBILITIES
(2) NCRFW shall provide the line/implementing agencies and the
LGUs through the Department of Interior and Local Government (DILG)
prior to the Planning Exercise, relevant guidelines which they can consider in
drafting their respective inputs to the formulation of the Medium-Term
Philippine Development Plan, the Regional/Local Development Plans, the
Philippine Development Reports and related reports. These guidelines shall
be updated to respond to emerging developments.
(3)NCRFW shall continue to spearhead the formulation and updating of
the Philippine Perspective Plan for Gender and Development and related
documents
(4)NCRFW and NEDA shall devise appropriate measures to build and
strengthen linkages with the concerned Legislative Sub-committees for
the purpose of ensuring complementation in policy directions and
recommending appropriate legislative agenda
IMPLEMENTING RULES AND REGULATIONS
(IRR) FOR SECTIONS 2, 3, AND 4 OF
REPUBLIC ACT NO. 7192
RULE 4 : ROLES AND RESPONSIBILITIES

(5)NEDA, in consultation with NCRFW, shall ensure the continuing


participation of Non- Government Organizations (NGOs)/People’s
Organizations (POs) who are able to articulate gender concerns in
relevant sub-committees and working groups for policy formulation and
development planning.

(6)NCRFW shall network and conduct periodic consultations with NGOs/POs,


especially women groups, to generate their involvement in the development
process. Concerned NEDA staffs shall actively participate in these
consultations.
IMPLEMENTING RULES AND REGULATIONS
(IRR) FOR SECTIONS 2, 3, AND 4 OF
REPUBLIC ACT NO. 7192
RULE 4 : ROLES AND RESPONSIBILITIES

SECTION 9. Sectoral WID Focal Points - At the agency level, the WID
Focal Points shall be strengthened to institute the necessary
changes in order that the guidelines set forth in pursuit of the
R.A.’s objectives shall be effectively and effi ciently implemented. In
this regard, the NCRFW Memorandum Circular No. 8 9 - 1 shall be revised
to specifically denote that the WID Focal Point shall not be lower than
an Undersecretary or its equivalent rank in the case of Central Offices
and not lower than the rank of an Assistant Directory or its equivalent
position at the sub- national levels. The revised Circular shall explicitly
state that the WID Focal Point shall not be limited to women officials.
IMPLEMENTING RULES AND REGULATIONS
(IRR) FOR SECTIONS 2, 3, AND 4 OF
REPUBLIC ACT NO. 7192
RULE 5 : SUPPORT SYSTEMS AND REPORTING

SECTION 10. Support Systems and Capability Building


Interventions- The NCRFW shall continue to conduct training
programs on Gender Sensitivity and Gender Responsive Development
Planning, and related programs in support of the various entities
tasked to primarily attend to the implementation of the R.A. 's
provisions.

SECTION 11. Reporting Mechanisms and Procedures - Existing


monitoring and reporting systems shall be utilized to the extent
that these shall facilitate generation of the relevant information and
required documentation necessary for the compliance report to the
Offi ce of the President and the Legislature.
IMPLEMENTING RULES AND REGULATIONS
(IRR) FOR SECTIONS 2, 3, AND 4 OF
REPUBLIC ACT NO. 7192
RULE 6 : BUDGET AND FINAL PROVISIONS

SECTION 12. Budgetary Support - The activities embodied in this


IRR shall be implemented using the regular budget of the government
departments/agencies. In cases where some critical activities can
not be funded from the regular budgets, the concerned government
departments/agencies, and the LGUs shall be advised to source these
from supplemental budgetary requests.

SECTION 13. Effectivity - These rules and regulations shall


take eff ect immediately upon approval.
BEIJING PLATFORM
FOR ACTION
1995
12 Areas of
Concern
BEIJING PLATFORM FOR ACTION
1995
What is the Beijing Platform for Action?

The Beijing Platform for Action (BPFA) was the resulting document
of the Fourth World Conference on Women in Beijing, China in
September 1995 and adopted in consensus by the United Nations (UN).

The BPFA is a blueprint for advancing women’s rights which aims


to remove all the obstacles to women’s active participation in all
spheres of public and private life, by ensuring women a full and
equal share in economic, social, cultural, and political decision-
making
BEIJING PLATFORM FOR
ACTION 1995
12 Areas of Concern

Women and Poverty


Persistent and increasing burden of poverty on
women developme
1.strategies
Review, that address
adopt, the needs of women in nt
and and effortsmaintain poverty.
macroeconomic
2.Revise laws andpolicies andpractices to ensure women’s equal
administrative
rights and access to economic resources.
3.Provide women with access to savings and credit mechanisms and
institutions.
4.Develop gender-based methodologies and conduct research to
address the feminization of poverty
BEIJING PLATFORM FOR
ACTION 1995
Education and Training of Women

Inequalities and inadequacies in and unequal access to


education and training.

1. Ensure equal access to


education. 2. Eradicate
illiteracy among women.
3.Improve women’s access to vocational training, science and
technology, and continuing education.
4.Develop non-discriminatory education and training.
5.Allocate sufficient resources for and monitor the
implementation of educational reforms.
6.Promote life-long education and training for girls and women.
BEIJING PLATFORM FOR
ACTION 1995
Women and Health

Inequalities and inadequacies in and unequal access to


health care and related services.

1.Increase women’s access throughout the life cycle to appropriate,


affordable, and quality health care, information, and related
services.
2.Strengthen preventive programs that promote women’s health.
3.Undertake gender-sensitive initiatives that address
sexually transmitted diseases, HIV/AIDS, and sexual and
reproductive health issues.
4.Promote research and disseminate information on women’s health.
5.Increase resources and monitor follow-up for women’s health.
BEIJING PLATFORM FOR
ACTION 1995
Violence against Women
1.Take integrated measures to prevent and eliminate violence against
women
2.Study the causes and consequences of violence
against women and the effectiveness of preventive
measures
3.Eliminate trafficking in women and assist victims of violence due to
prostitution
and trafficking

Women and Armed


BEIJING PLATFORM FOR
ACTION 1995
Women and Armed Conflict
The eff ects of armed and other types of conflict on women,
including those
living under foreign occupation
1.Increase the participation of women in conflict resolution at decision-
making levels and protect women living in situations of armed and
other conflicts or under foreign occupation.
2.Reduce excessive military expenditures and control the availability of
armaments.
3.Promote non-violent forms of conflict resolution
and reduce the incidence of human rights abuse in
conflict situations.
4. Promote women’s contribution to fostering a culture of peace.
5.Provide protection, assistance, and training to refugee women, other
displaced women in need of international protection, and internally
displaced women.
6.Provide assistance to the women of the
Women and Armed colonies
BEIJING PLATFORM FOR
ACTION
Women and 1995
the Economy
Inequality in economic structures and policies, in all
forms of productive activities, and in access to
resources.
1.Promote women’s economic rights and independence, including
access to employment, appropriate working conditions, and
control over economic resources.
2.Facilitate women’s equal access to resources, employment,
markets, and trades.
3.Provide business services, training, and access to markets,
information, and
technology, particularly to low-income women.
4.Stengthen women’s economic capacity and commercial networks.
5.Eliminate occupational segregation and all forms of employment
discrimination.
6. Promote harmonization of work and family responsibilities for women
and men.
BEIJING PLATFORM FOR
Women in ACTION 1995
Power and Decision-Making
Inequalitybetween men and women in
the sharing of power and decision-making at
all levels.
1.Take measures to ensure women’s equal access
to and full participation in power structures and
decision-making.
2.Increase women’s capacity to participate in decision-making and
leadership.

Institutional Mechanisms for the advancement of Women at all


levels
3.Create and strengthen national machineries and other governmental
bodies.
4.Integrate gender perspectives in legislation, public
policies, programs and projects.
BEIJING PLATFORM FOR
ACTION
Human Rights 1995
of Women
Lack of respect for and inadequate promotion and
protection of the human rights of women.
1.Promote and protect the Human rights of women, through
the full implementation of all human rights instruments, especially the
Convention. on the Elimination of All Forms of Discrimination against
Women.
2.Ensure equality and non-discrimination under the law and in practice.
3.Achieve legal literacy.
BEIJING PLATFORM FOR
ACTION
Women and Media 1995
Stereotyping of women and inequality in
women’s access to and participation in
all communication systems, especially in the media.
1.Increase the participation and access of women to expression and
decision- making in and through the media and new technologies of
communication.
2.Promote a balanced and non-stereotyped portrayal of women in the
media.
Women and the Environment
Stereotyping of women and inequality in women’s
access to and participation in all communication systems,
especially in the media.
3.Promote and protect the Human rights of women, through the full
implementation of all human rights instruments, especially the Convention
on the Elimination of All Forms of Discrimination against Women.
BEIJING PLATFORM FOR
ACTION 1995
The Girl Child
Persistent discrimination against and violation of the
rights of the girl child.
1. Eliminate all forms of discrimination against the girl child.
2. Eliminate negative cultural attitudes and practices against girls
3. Promote and protect the rights of the girl child and increase awareness of
her needs and potential
4. Eliminate discrimination against girls in education, skills development, and
training 5. Eliminate discrimination against girls in health and nutrition.
6. Eliminate the economic exploitation of child labor and protect young girls at
work. 7. Eradicate violence against the girl child.
8. Promote the girl child’s awareness of and participation in social, economic,
and political life.
9. Strengthen the role of the family in improving the status of the girl child.
REPUBLIC ACT 9710
OR THE M A G N A
CARTA OF WOMEN
M A G N A CARTA OF WOMEN /
R.A. 9710
The Magna Carta of Women (MCW) is a comprehensive women’s
human rights law that seeks to eliminate discrimination through the
recognition, protection, fulfillment, and promotion of the rights of
Filipino women, especially those belonging to the marginalized sectors
of society.

It is the local translation of the provisions of the Convention on the


Elimination of All Forms of Discrimination against Women’s (CEDAW),
particularly in defining gender discrimination, state obligations,
substantive equality, and temporary special measures. It also
recognizes human rights guaranteed by the International Covenant on
Economic, Social, and Cultural Rights (ICESCR).
M A G N A CARTA OF WOMEN /
R.A. 9710
What is discrimination against women?

any gender-based distinction, exclusion, or restriction which has


the effect or purpose of impairing or nullifying the recognition,
enjoyment, or exercise by women, irrespective of their marital
status, 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;
any act or omission, including by law, policy, administrative measure,
or practice, that directly or indirectly excludes or restricts women
in the recognition and promotion of their rights and their access
to and enjoyment of opportunities, benefits, or privileges;
M A G N A CARTA OF WOMEN /
R.A. 9710
What is discrimination against women?

a measure or practice of general application that fails to provide


for mechanisms to offset or address sex or gender-based
disadvantages or limitations of women, as a result of which
women are denied or restricted in the recognition and protection
of their rights and in their access to and enjoyment of
opportunities, benefits, or privileges; or women, more than men
are shown to have suffered the greater adverse effects of those
measures or practices; and
discrimination compounded by or intersecting with other
grounds, status, or condition, such as ethnicity, age, poverty, or
religion.
M A G N A CARTA OF WOMEN /
R.A. 9710
Women Rights
Protection from all forms of violence, including those
committed by the State. This includes the incremental
increase in the recruitment and training of women in
government services that cater to women victims of gender-
related offenses. It also ensures mandatory training on human
rights and gender sensitivity to all government personnel
involved in the protection and defense of women against
gender- based violence, and mandates local government
units to establish a Violence Against Women Desk in every
barangay to address violence against women cases;
Protection and security in times of disaster, calamities and
other crisis situations, especially in all phases of relief,
recovery, rehabilitation and construction efforts, including
protection from sexual exploitation and other sexual and
gender-based violence.
M A G N A CARTA OF WOMEN /
Women Rights
R.A. 9710
Participation and representation, including undertaking
temporary special measures and affirmative actions to
accelerate and ensure women’s equitable participation and
representation in the third-level civil service, development
councils and planning bodies, as well as political parties and
international bodies, including the private sector.
Equal treatment before the law, including the State’s review
and when necessary amendment or repeal of existing laws that
are discriminatory to women;
Equal access and elimination of discrimination against
women in
education, scholarships and training. This includes revising
educational materials and curricula to remove gender
stereotypes and images, and outlawing expulsion, non-
readmission, prohibiting enrollment and other related
discrimination against women students and faculty due to
M A G N A CARTA OF WOMEN /
Women Rights
R.A. 9710
Equal participation in sports. This includes measures to
ensure that gender-based discrimination in competitive
and non-competitive sports is removed so that women and
girls can benefit from sports development;
Non-discrimination in employment in the field of military,
police and other similar services. This includes the same
promotional privileges and opportunities as their men
counterparts, including pay increases, additional benefits,
and awards, based on competency and quality of
performance. The dignity of women in the military, police
and other similar services shall always be respected, they
shall be accorded with the same capacity as men to act in
and enter into contracts, including marriage, as well as be
entitled to leave benefits for women such as maternity leave,
as provided for in existing laws;
M A G N A CARTA OF WOMEN /
R.A. 9710
Women Rights
Non-discriminatory and non-derogatory portrayal of
women in media and film to raise the consciousness of the
general public in recognizing the dignity of women and the role
and contribution of women in family, community, and society
through the strategic use of mass media; Comprehensive
health services andhealth information and education
coveringall stages of a woman’s life cycle, and
addresses the major causes of women’s mortality and
morbidity, including access to among others,maternal care,
responsible, ethical, legal, safe and effective
methods of family planning, and encouraging healthy lifestyle
activities to prevent diseases;
M A G N A CARTA OF WOMEN /
R.A. 9710
Women Rights
Leave benefits of two (2) months with full pay based on gross
monthly compensation, for women employees who undergo
surgery caused by gynecological disorders, provided that they
have rendered continuous aggregate employment service of at
least six (6) months for the last twelve (12) months;
Equal rights in all matters relating to marriage and family
relations. The State shall ensure the same rights of women and
men to: enter into and leave marriages, freely choose a
spouse, decide on the number and spacing of their children,
enjoy personal rights including the choice of a profession, own,
acquire, and administer their property, and acquire, change,
or retain their nationality. It also states that the betrothal and
marriage of a child shall have no legal effect.
M A G N A CARTA OF WOMEN /
R.A. 9710
Civil, Political, and Economic Rights of Women
Food security and resources for food production, including
equal rights in the titling of the land and issuance of
stewardship contracts and patents;
Localized, accessible, secure and affordable
housing; Employment, livelihood, credit, capital
and technology;
Skills training, scholarships, especially in research
and development
aimed towards women-friendly farm
technology;
Representation and participation in policy-making
or decision-making bodies in the regional,
national, and international levels;
Access to information regarding policies on women, including
programs,
projects and funding outlays that aff ect
M A G N A CARTA OF WOMEN /
R.A. 9710
Civil, Political, and Economic Rights of Women
Recognition and preservation of cultural identity and integrity
provided that these cultural systems and practices are not
discriminatory to women;
Inclusion in discussions on peace and development;
Services and interventions for women in especially
diffi cult circumstances or WEDC;
Protection of girl-children against all forms of discrimination
in
education, health and nutrition, and skills
development; and Protection of women senior
citizens.
M A G N A CARTA OF WOMEN /
R.A. 9710
Section 37 of the Magna Carta of Women mandates the
designation of a gender focal point in the consular section of
Philippine embassies or consulates. The said offi cer who shall
be trained on Gender and Development shall be primarily
responsible in handling gender concerns of women migrant
workers, especially those in distress. Other agencies (e.g. the
Department of Labor and Employment and the Department of
Social Welfare and Development) are also mandated to cooperate in
strengthening the Philippine foreign posts’ programs for the
delivery of services to women migrant workers, consistent with the
one-country team approach in Foreign Service.
M A G N A CARTA OF WOMEN /
R.A. 9710
Responsibilities of Government under the Magna Carta of
Women

The Magna Carta of Women mandates all government offices,


including government-owned and controlled corporations and local
government units to adopt gender mainstreaming as a strategy
for implementing the law and attaining its objectives. It also
mandates (a) planning, budgeting, monitoring and evaluation for
gender and development, (b) the creation and/or
strengthening of gender and development focal points, and
(c) the generation and maintenance of gender statistics and
sex-disaggregated databases to aid in planning, programming and
policy formulation.
M A G N A CARTA OF WOMEN /
R.A. 9710
Responsibilities of Government under the Magna Carta of
Women

Under this law, the National Commission on the Role of


Filipino Women which will be renamed as the Philippine
Commission on Women (PCW) shall be the overall
monitoring and oversight body to ensure the
implementation of the law. As an agency under the Offi ce of the
President of the Philippines, it will be the primary policy-making
and coordinating body for women and gender equality concerns
and shall lead in ensuring that government agencies are
capacitated on the effective implementation of the Magna Carta
of Women.
M A G N A CARTA OF WOMEN /
R.A. 9710
Responsibilities of Government under the Magna Carta of
Women

Consistent with its mandate, the Commission on Human Rights


shall act as the Gender and Development Ombud to ensure
the promotion and protection of women’s human rights.
The Commission on Audit shall conduct an annual audit on the
government offices’ use of their gender and development budgets
for the purpose of determining its judicious use and the
efficiency, and effectiveness of interventions in addressing gender
issues.
Local government units are also encouraged to develop and
pass a gender and development code to address the issues and
concerns of women in their respective localities based on
consultation with their women constituents.

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