1.

Should this case reach the CEDAW Committee, would there be violations on the
part of the state?

Yes. Article 12 of CEDAW, provides that Parties shall take all appropriate measures to
eliminate discrimination against women in the field of health care in order to ensure access to
health care services, including those related to family planning. The EO that resulted to
deprivation of women from accessible modern family planning violates Article 12 of CEDAW.
Women should not be limited to natural and primitive way of family planning. Their deprivation
of access from modern family planning is essentially a deprivation of making a choice of having a
child considering that in usual ways of natural family planning, it is the men who has to engage,
commit or refrain from an act in order to have a successful natural contraception (e.g.
withdrawal method).

Can the State say it was the Mayor's fault and not its own as LGUs have
autonomy?

No. Under Article 2 of CEDAW, a state party is under the obligation to take all
appropriate measures, including legislation, to modify or abolish existing laws, regulations,
customs and practices which constitute discrimination against women to eliminate
discrimination against women by any person, organization or enterprise.

Also under our jurisdiction, although local government units enjoy local autonomy from the
national government, LGU’s are still under the supervision of the executive branch of the
government. They should have modified or abolished the EO issued by the city mayor in order
to eliminate the resulted discrimination against women.

2. From CEDAWs definition of discrimination, would you agree with Anna?

Yes. There is a discrimination resulted when Anna’s employer refused to accept her when she
tried to report to work. The refusal was a restriction made on the basis of sex because the
reason of such refusal is Anna’s pregnancy.

Such refusal also has the effect of impairing or nullifying the recognition, enjoyment or exercise
by women on a basis of equality of men and women of human rights and fundamental freedoms
in the economic field.