(LAWS ON WOMEN)

Dr Menaal Kaushal
JR III
Department of S P M
ATTY. IVY F. DAMAYO-ELVIÑA
S N Medical
Asst. College,
Regional Prosecutor, Agra
Region 9
Zamboanga City
HISTORICAL BACKGROUND:

The Philippine Commission

on Women (formerly the National
Commission on the Role of the
Filipino Women)
 - a government agency with the
intention of promoting and protecting the
rights of the WOMEN in the Philippines.
- established on January 7, 1975
through Presidential Decree No. 633.
HISTORICAL BACKGROUND:
The AIMS of the PCW included the
following:
1. Organizing women into a nationwide
movement called "Balikatan sa
Kaunlaran" (now registered as an
independent women’s organization).
2. Conducting policy studies and lobbying
for the issuance of executive and
legislative measures concerning
women.
3. Establishing a clearinghouse and
information center on women
4. Monitoring the implementation of
the UN Convention on the Elimination
of all forms of Discrimination Against
Women (CEDAW)
HISTORICAL BACKGROUND:

After the People Power Revolution,

which installed Corazon Aquino into
power, in 1986, the agency focused on
women's concerns on policymaking in
the government. This included the
integration of the principle of GENDER
EQUALITY in the 1987.
HISTORICAL BACKGROUND:
-during the Corazon Aquino government, Philippine
Development Plan for Women (PDPW) was adopted
thru EO No. 348.
-thereafter, RA 7192 was enacted.
=A campaign, supported by the Canadian
International Development Agency (CIDA), was
initiated to help government officials and staff with
training in promoting equality under a program
called GENDER AND DEVELOPMENT(GAD).
REPUBLIC ACT 7912:

“An Act Promoting the

Integration Of Women as Full
and Equal Partners of Men in
Development and Nation
Building”
“The Women in
Development and
Nation Building Act”
>To recognize women and make the
female populace equal partners in
nation building
- Not anti male
- Neither is it a war between the
sexes
- BOTH men and women have a
stake in the struggle for EQUALITY

 Men shall share equally with all forms of

productive and reproductive activities.
REPUBLICT ACT 7192

ASSUMPTION:
both men and women are victims
but women are WORSE victims
than men, hence the
strengthening of their capabilities
to sustain a full/satisfying life
 GENDER– is a socially constructed
difference between men and women for all
sexual orientation and gender identities,
created artificially, party through
socialization and partly through positive and
negative discrimination in the various
institutions and structures of society.

- Refers to masculinity or feminity. It is

acquired/changeable/commonal.
(socially learned behavior)
- Roles are highly resistant to change
due to continuous exposure
- reinforcement of gender differentiation
 DEVELOPMENT – is the
improvement of the quality of life of
all regardless of age, sex, gender,
tribe, race, creed and religion. It is a
characterized by an enrichment of
Filipino indigenous resources,
sustainable utilization of the natural
resources of the country and freedom
from dependency. It is therefore,
sustainable equitable and gender-
responsive.
 DISCRIMINATION AGAINST
WOMEN– any distinction, exclusion
or restriction made on the basis of
sex has purpose or effect of
impairing or nullifying the
recognition, enjoyment or exercise
by women of their rights
irrespective of their marital status.
 COMMODIFICATION OF WOMEN –
is a practice which puts women in
subordinate situation which results in
the treatment of women as both
consumers and objects. As consumer,
women are enticed to buy beauty
products to enhance their physical
attractiveness. As objects of
consumption, women are reduced to
a sexual commodity for manipulation
and utilization for one’s sexual desire
or interest usually in exchange of
money or goods so that women have
no control or power to reject such
utilization or manipulation.
 SEX - characterized by being a
male or female.
- It is acquired by birth like female
hormones (estrogen /progesterone)
or male hormones (androgen
/testosterone)
-refers to genetic (chromosomes),
physical(reproductive organ), identity
of a person (what you are)
MANIFESTATIONS OF GENDER BIAS
(MGB):

1. SUBORDINATION: women are merely

2nd class citizen
2. MARGINALIZATION- always in the
margin
3. MULTIPLE BURDEN- doing multifarious
work very limited time.
4. COMMODIFICATION OF WOMEN-
always utilized in advertisement
(calendars/white castle whisky/car and
the like)
MANIFESTATIONS OF GENDER
INEQUALITY

1. Subordination - unequal participation

in decision making
2. Gender stereotyping - child bearing,
child-rearing, housekeeping, etc.
-if girl, plays doll;
-if boy, handgun/car as toys
GENDER-RELATED PROB. IN THE
WORKPLACE:
1. Self - Feel stressed in combining career and
homemaking; tend to compete with each other for
her attention, time/energy and feel for out; irritable,
demanding and tense because of fatigue

2. Home and family - Feel guilty that they could not

support/guide their children’s educational needs;
Work loads and schedules have been the cause of
constant conflicts with husband/s; Feel that they
have neglected their children as they could not give
them full attention; and they could not take good
care of their family especially when one of them is
sick

3. Career Path - Give priority to family needs and

their career development suffers; Could not attend
seminars and trainings because no one would take
good care of the family;
SOLUTIONS TO DEVELOP
WOMEN IN THE WORKPLACE

a. Improve the living conditions of

women, to give them dignity
and respect for them to have
self-esteem;
b. Remind working mothers of
their responsibilities in child
rearing and homemaking, to
help them improve their
parental guidance to foster a
better parent-children
relationship;
SOLUTIONS TO DEVELOP
WOMEN IN THE WORKPLACE

c. Help women in the workplace

to identify and overcome the
difficulties/problems they have
been experiencing as working
moms;
d. Devising policies that would
guarantee women in management
positions an equal treatment with
men in management positions
 Adopt flextime system/schedule/which
will enable female managers who are
mostly mothers to arrange their schedule
to be compatible with family needs;
 Equal opportunity for employment and
promotion even on male dominated job
as the military, police, high-government
service-level positions, cabinet
appointments and unique technology;
 Provide Day Care centers within the work
place so working women can personally
supervise the children and focus their
attention to their work;
TO ATTAIN THE FOREGOING POLICY:

 All City government departments, offices

and instrumentalities shall ensure that
women and girls benefit equally and
participate directly in the development
programs and projects of said
departments and agencies, specifically
those funded under official foreign
development assistance, to ensure the
full participation and involvement of
women in the development process,
pursuant to RA 7192 or the Women in
Development and Nation Building Act.
All City government project proposals
shall ascertain the inclusion of gender
responsive indicators and guidelines
while not be remiss in locating the
root of women’s oppression, pursuant
to the United Nations Declarations
and Conventions of Women of which
the Philippine Government is a
signatory
All City Departments, Offices and
instrumentalities upon effectivity
of this Code shall review and
revise all their regulations,
circulars, issuances and
procedures to remove gender bias
therein, and shall complete the
same within two years.
RELATED PRINCIPLES

Section 3. RIGHTS OF WOMEN –

Women’s rights are the rights of
women that are defined and
declared by the United Nations
under the Convention on the
Elimination of All Forms of
Discrimination Against Women
(CEDAW) which are hereby
adopted as follows:
WOMEN’S RIGHTS

 Women have the right to the

prevention of and protection from all
forms of violence and coercion
against their person, their freedom,
their sexuality, and their
individuality.
WOMEN’S RIGHTS

Women have the right to freely and

fully participate individually or
collectivity in the political processes
of their communities and nations.
WOMEN’S RIGHTS

- Women have the right to the

means for assuring their economic
welfare and security.
WOMEN’S RIGHTS

- Women have the right to the

necessary knowledge and means for the
full exercise of their reproductive choice
in accordance to the Constitution and
their beliefs and preferences.
WOMEN’S RIGHTS

Women have the right to choose a

spouse in accordance with their values
and preferences, maintain equality in
marriage or its dissolution, and obtain
adequate support for rearing and caring
of their children.
WOMEN’S RIGHTS

Women have the right to an

adequate, relevant and gender-fair
education throughout their lives,
from childhood to adulthood.
WOMEN’S RIGHTS

Women have the right to adequate

nutrition and proper health care.
Women have the right to humane
living condition.
WOMEN’S RIGHTS
Women have the right to nurture their
personhood, collectively and
individually to secure an image of
themselves as whole and valuable
human beings, to build relationships
based on respect, trust and mutuality.
Women have the right to equality
before the law in principle, as well as
in practice
Sec. 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.
(1) Women shall have the capacity to
borrow and obtain loans and execute
security and credit arrangement under
the same conditions as men;
(2) Women shall have equal access to all
government and private sector programs
granting agricultural credit, loans and
non-material resources and shall enjoy
equal treatment in agrarian reform and
land resettlement programs;
(3) Women shall have equal rights to act
as incorporators and enter into
insurance contracts; and
(4) Married women shall have rights
equal to those of married men in
applying for passport, secure visas and
other travel documents, without need to
secure the consent of their spouses.
Sec 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.
 Sec. 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.
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
(1/2) 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.
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.
Approved, February 12, 1992.
r.A. 9710
 HISTORICAL BACKGROUND:
- August 14, 2009 (GMA)
- providing better protection for women.
- NCRFW would be renamed the
"Philippine Commission on Women“
- give way to the creation of the

Gender Ombudsman under the CHR
that will specifically handle women’s
rights concerns.
- The law also provide penalties for the
violation of the provisions of the
magna carta.
REPUBLIC ACT 9710: The Magna Carta of Women

FEATURES OF THE LAW INCLUDE:

- Review amendment or repeal of laws that are
discriminatory to women.
- Ensure women’s equitable participation and
representation in government, political parties,
international bodies, civil service, and the private
sector.
- Afford equal opportunities to women in relation to
education, employment, livelihood, social
protection, and others, and including women in the
military.
- Mandate access to information and services
pertaining to women’s health.
6 Chapters and 47 Sections

I. General Provisions
II. Definition of Terms
III. Duties Related to the Human
Rights of Women
IV. Rights and Empowerment
V. Rights and Empowerment of
Marginalized Sectors
VI. Institutional Mechanisms
 seeks to eliminate
discrimination against women
Magna by
recognizing
protecting,
of a comprehensive
human rights law fulfilling
and

Women promoting the rights of

Filipino women, especially
those in the marginalized
sectors.
 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;
 DISCRIMINATION
Against Women

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;
 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
Against Women

discrimination compounded by or intersecting

with other grounds, status, or condition, such as
ethnicity, age, poverty, or religion.
 RIGHTS OF WOMEN

•Protection from all forms of violence,

including those committed by the State.

•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.
 RIGHTS OF WOMEN

•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.
 RIGHTS OF WOMEN

•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.
 RIGHTS OF WOMEN

• 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.
 RIGHTS OF WOMEN

•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 the society through
the strategic use of mass media;
 RIGHTS OF WOMEN

• Comprehensive health services and health

information and education covering all
stages of a woman's life cycle, and
which 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;
 RIGHTS OF WOMEN

• 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;
 RIGHTS OF WOMEN

• 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.
 RIGHTS OF WOMEN

It also states that the betrothal and

marriage of a child shall have no legal
effect.
 RIGHTS OF WOMEN

The Magna Carta of Women also guarantees

the civil, political and economic rights of
women in the marginalized sectors,
particularly their right to:
 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;
 RIGHTS OF WOMEN

= 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 affect
them;
= Social protection;
 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 difficult circumstances or
WEDC;
 RIGHTS OF WOMEN

= Protection of girl-children against all

forms of discrimination in education, health
and nutrition, and skills development; and

= Protection of women senior citizens.

 marginalized
sectors
those who belong to the basic, disadvantaged, or vulnerable
groups
who are mostly living in poverty
have little or no access to land and other resources,
basic social and economic services
such as health care, education, water and sanitation,
employment and livelihood opportunities, housing security,
physical infrastructure and the justice system
these include, but are not limited to, women in the
following sectors or groups: Small Farmers and Rural
Workers, Fisherfolk, Urban Poor, Workers in the Formal
Economy, Workers in the Informal Economy, Migrant
Workers, Indigenous Peoples, Moro, Children, Senior
Citizens, Persons With Disabilities, and Solo Parents.
 How can Filipino women living abroad
benefit from this law?

Statistics show that more and more Filipino women are

migrating for overseas employment. In many places, women
migrant workers have limited legal protections or access to
information about their rights, rendering them vulnerable to
gender-specific discrimination, exploitation and abuse.

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 officer who shall be trained on Gender and

Development shall be primarily responsible in handling gender
concerns of women migrant workers, especially those in
distress.
.
 How can Filipino women living abroad
benefit from this law?

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.
Who will be responsible for implementing
the Magna Carta of Women?

The State, the private sector, the society in general,

and all individuals shall contribute to the
recognition, respect and promotion of the rights of
women defined and guaranteed in the Magna
Carta of Women.
The Philippine Government shall be the primary
duty-bearer in implementing the said law.
This means that all government offices, including
local government units and government-owned
and controlled corporations shall be responsible to
implement the provisions of the Magna Carta of
Women that falls within their mandate, particularly
those that guarantee the rights of women requiring
specific action from the State.
Who will be responsible for implementing
the Magna Carta of Women?

As the primary duty-bearer, the Government is

tasked to:
Ω refrain from discriminating against women
and violating their rights;
Ω protect women against discrimination and
from violation of their rights by private
corporations, entities, and individuals;
Ω promote and fulfill the rights of women in all
spheres, including their rights to substantive
equality and non-discrimination.
Who will be responsible for implementing
the Magna Carta of Women?

The Government shall fulfill these duties through

Ω the development and implementation of laws,
policies, regulatory instruments, administrative
guidelines, and other appropriate measures,
including temporary special measures;

Ω the establishment of mechanisms to promote the

coherent and integrated implementation of
the Magna Carta of Women and other related laws
and policies to effectively stop discrimination
against Filipino women.
What are the specific 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.
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
Office 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.
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.
What are the penalties of violators under the
Magna Carta of Women?
If the violation is committed by a government agency or any
government office, including government-owned and
-controlled corporations and local government units, the
person directly responsible for the violation, as well as the
head of the agency or local chief executive shall be held liable
under the Magna Carta of Women.
The sanctions under administrative law, civil service or
other appropriate laws shall be recommended by the
Commission on Human Rights to the Civil Service Commission
and the Department of the Interior and Local Government.
Further, in cases where violence has been proven to be
perpetrated by agents of the State, such shall be considered
aggravating offenses with corresponding penalties depending
on the severity of the offenses.
If the violation is committed by a private entity or individual,
the person directly responsible for the violation shall be liable
to pay damages.
Further, the offended party can also pursue other remedies
available under the law and can invoke any of the other
provisions of existing laws, especially those that protect the
rights of women.
Will the implementation of the
Magna Carta of Women be funded?
The Magna Carta of Women provides that the
State agencies should utilize their gender
and development budgets for programs and
activities to implement its provisions.
Funds necessary for the implementation of
the Magna Carta of Women shall be charged
against the current appropriations of the
concerned agencies, and shall be included in
their annual budgets for the succeeding
years.
The Magna Carta of Women also mandates
the State to prioritize allocation of all
available resources to effectively fulfill its
obligations under the said law.