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1. In a City in Bicol, the City mayor issued a Executive Order declaring the City a Pro Life City.
As a result of the EO modern family planning commodities (pills, injectibles etc) were pulled out
from city and barangay health centers. From the time the EO was passed women were denied
access to modern commodities but natural family planning methods remained available. Should
the woman insist on modern methods she can seek NGO help or proceed to the Provincial Health
centers several kilometers away, costing around 60 to 70 pesos. Many women were unable to
access modern FP commodities, many became pregnant and some had to have their new born
adopted. Should this case reach the CEDAW Committee, would there be violations on the part of
the state? Discuss. Can the State say it was the Mayor's fault and not its own as LGUs have
autonomy?

Yes, the case should reach the CEDAW Committee and the State should take
responsibility by the action of its LGU's regardless of its autonomy.

By becoming a party to CEDAW, a State is legally obliged to take all appropriate

measures to eliminate discrimination against women and advance gender equality. 1
Importantly, Article 2 makes clear that the State not only has the obligation not to discriminate
through its own actions, but also to prevent and eliminate discrimination that is perpetrated by
private individuals and organizations.2 The State’s obligations extend to private life as well as
public life. Article 16 provides that States must eliminate discrimination against women in
marriage and family life, areas considered by many countries to fall within the private sphere.
Historically, one of the biggest obstacles to realizing women’s rights in many countries has been
the perception that the State should not interfere in the private realm of family relations.
CEDAW recognizes that unequal power relations within the private sphere contribute very
significantly to gender inequality in all aspects of women’s lives, and it directs States to take
measures to correct this power imbalance.3

Easy access to comprehensive contraceptive methods is an integral component of

women’s health care. In relation to State parties’ obligations to CEDAW as mentioned above,
women should be given freedom and right to choose when and how they should access modern
family planning commodities including high quality contraceptive and fertility care services
and other information to help them plan their families as well as to take consideration of their
health and well-being in cooperation with the government. The government should respect
women's right to decide how many child they wish to bear, whether to have children or not or
when to have children as they may decide. To fulfill these rights, accessible full range
contraceptives methods should not be denied and impaired. Further, limiting women to natural
family planning would be absurd not only to the state's obligation but might endanger not only
the life of every women but also of the children. Moreover, contraceptive prevents unintended
pregnancies, and therefore also helps to reduce the need for unsafe abortion.

Promotion of family planning and ensuring access to preferred contraceptive methods

for women and couples is essential to securing the well-being and autonomy of women, while

1
https://asiapacific.unwomen.org/en/focus-areas/cedaw-human-rights/faq#whycedwaimportant
2
Ibid.
3
Ibid.
Arnaiz, Rosemarie C . Gender and the Law
2011004088 Tuesday 5:30-7:30 P.M.
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supporting the health and development of communities.4 Hence, the Executive Order issued
by the City Mayor was not passed in furtherance for the interests of every women in the City
and thus, it should be declared null and void for it is in violation of the State's obligation.

2. During Cavite's transition from ECQ to GCQ, several companies resumed operations. Anna
works in a telecommunications company, she is 4 months pregnant. Anna wanted to report to
work but her boss said she cannot as she is pregnant and it will be harmful to her. Anna thinks
this is discriminatory. From CEDAWs definition of discrimination, would you agree with Anna?
I would agree with Anna. Restricting Anna from attending her work is a form of
discrimination against women. The telecommunications company should undertake temporary or
otherwise, permanent special measures for the interests and benefit of every employees
regardless of sex, gender, marital status and among others, as may be required for a period of
time in response with the prevention of COVID-19. While the fact cannot be denied that Anna is
pregnant and exposing her to daily outside activities might endanger her life as well as the fetus
inside her womb nevertheless, by knowing her situation it is their obligation to double their
efforts, formulate reasonable and valid standards by providing resources to lessen the burden and
risk exposed not only to Anna but likewise to all employees taking into consideration that the
pandemic we are experiencing is for a long-term. Further, instead of restricting or forbidding
Anna from going to work, the company may formulate other alternatives such as providing
shuttle services, working from home or any flexible working arrangements as may deem proper
and this must be continued and achieved until the problem that our world is facing is solved.

3. Reading Ateneo's article on rape cases ( will send link later), would you say that the Phils have
been compliant with the recommendations of KTV and RBP?

4
Ibid.
Arnaiz, Rosemarie C . Gender and the Law
2011004088 Tuesday 5:30-7:30 P.M.