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R.A.

9710

Brief Background:

According

to the National Commission on the Role


of Filipino Women (NCRFW), legislative debates
on 2 bills Magna Carta for Women and Magna
Carta of Women in Rural Development began in
2002 during the 12th Congress.
The two bills were merged in the 13 th Congress,
and came to be called Magna Carta of Women
The NCRFW said womens groups lobbied intensely
for the approval of the measure in the Senate and
the House of Representatives, but it was fasttracked after Ms Arroyo declared it one of her
priority bills.
It was approved on August 14, 2009

What is Magna Carta of Women?

A comprehensive human
rights law

seeks to eliminate
discrimination
against women
by
recognizing,
protecting,
fulfilling
and
promoting
the rights of
filipino women,
especially
those in
the
marginalized
sectors.

Human rights principles of women are:


Universal

and inalienable - all human beings are free and equal in dignity
and rights

Indivisible

- inherent to the dignity of every human being whether in


civil, cultural, economic, political or social issues

Interdependent

and interrelated - the fulfillment of one right often


depends, wholly or in part upon the fulfillment of others

All

individuals are equal as human beings by virtue of the inherent


dignity of each human person

Rights

based approach

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 the basis of equality of men and women,
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 enjoyment of opportunities, benefits or
privileges.

measure or practice of general application


that fails to provide for mechanisms of sex
or gender-based disadvantages or
limitations of women

Discrimination

compounded by intersecting
with other grounds status or condition such as
ethnicity, age, poverty or religion

RIGHTS
and
EMPOWERMENT

Human rights of women all rights in the Constitution and those


rights recognized under international instruments duly signed and
ratified by the Philippines, in consonance with Philippine law shall be
the rights of women under MCF:

Protection from Violence


Protection and security in times of disasters and calamities
Participation and Representation
Equal treatment before the law
Equal access and elimination of discrimination in education,
scholarships and trainings
Women in Sports
Women in military
Non-discriminatory and non-derogatory portrayal in media and film
Right to health
Special leave benefits
Equal rights in all matters relating to marriage and family

RIGHTS
and
EMPOWERMENT
of
MARGINALIZED
SECTORS

Women in marginalised sectors are guaranteed all civil,


political, social, and economic rights recognised,
promoted and protected under existing Laws and Acts:
Food security and productive resources
Right to housing
Right to decent work
Right to livelihood, credit, capital and technology
Right to education and training
Right to information
Social protection
Recognition and preservation of cultural identity and integrity
Peace and development

Women in especially difficult circumstances [WEDC] - this


refers to victims a, trafficking, survivors of sexual and
physical abuse, illegal recruitment, prostitution, armed
conflict
Temporary and protective custody
Medical and dental services
Psychiatric evaluation
Productivity skills capability building
Legal services
Livelihood assistance
Job placement
Financial assistance
Transportation assistance

How can Filipino women living abroad


benefit from this law?
Section 37 of the Magna Carta of Women mandates the
designation of agender focal point in the consular section
of Philippine embassies or
consulates. The said officer who shall be trained on Gender
andDevelopment shall be primarily responsible in handling
gender concerns ofwomen migrant workers, especially
those in distress. Other agencies (e.g.the Department of
Labor and Employment and the Department of
SocialWelfare and Development) are also mandated to
cooperate in strengtheningthe Philippine foreign posts'
programs for the delivery of services to womenmigrant
workers, consistent with the one-country team approach in
ForeignService.

Who will be responsible for implementing


the Magna Carta ofWomen?
The State, the private sector, society in general,
and all individuals shallcontribute to the recognition,
respect and promotion of the rights of womendefined and
guaranteed in the Magna Carta of Women.The Philippine
Government
shall
be
the
primary
duty-bearer
inimplementing the said law. This means that all
government offices,including local government units and
government-owned and controlledcorporations shall be
responsible to implement the provisions of MagnaCarta of
Women that falls within their mandate, particularly those
thatguarantee rights of women that require specific
action from the State.

As the primary duty-bearer, the Government is tasked to:

refrain from discriminating against women and violating


theirrights;
protect women against discrimination and from violation
of theirrights by private corporations,entities, and
individuals;
promote and fulfill the rights of women in all spheres,
includingtheir rights to substantive equalityand nondiscrimination.

The Government shall fulfill these duties through the


development
andimplementation
of
laws,
policies,
regulatory instruments, administrativeguidelines, and other
appropriate
measures,
including
temporary
specialmeasures. It shall also establish mechanisms to
promote the coherent andintegrated implementation of the
Magna Carta of Women and other relatedlaws and policies
to effectively stop discrimination against Filipino women.

INSTITUTIONAL
MECHANISMS

Gender Mainstreaming as a strategy to implement the Magna


Carta of Women
Assessment and if necessary, modification of the gender
mainstreaming program to ensure that it will be an effective
strategy for implementing the MCW
(Gender and Devt) GAD planning, budgeting, monitoring
and evaluation
COAs conduct of annual audit on the use of the GAD budget
Creation/strengthening of GAD Focal Points
Gender Focal Point Officer in Philippine Embassies and
Consulates

Strengthens the National Commission on the Role of


Filipino women (NCRFW) as the governments policy making
and coordinating body on womens empowerment and gender
equality concerns, and renames it to Philippine Commission
on Women (PCW)
Designates the Commission on Human Rights as Gender and
Development (GAD) Ombud, to act on investigations and
complaints of discrimination and violations of womens rights
Monitoring of progress and implementation

How will the implementation of the Magna


Carta of Women befunded?
The Magna Carta of Women provides that the State agencies
should utilizetheir gender and development budgets for
programs and activities toimplement its provisions. Funds
necessary for the implementation of theMagna Carta of
Women shall be charged against the current appropriationsof
the concerned agencies, and shall be included in their annual
budgets forthe succeeding years.

The Magna Carta of Women also mandates the State to


prioritize allocationof all available resources to effectively
fulfill its obligations under the saidlaw.

Penal Provisions
If the violation is committed by a government agency or any
government office, including government-owned 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 sanction
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 offences 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.

IMPORTANT PROVISIONS OF THE


MAGNA CARTA OF WOMEN
1.
2.
3.

4.
5.

6.

The law tasked the government to ensure that women are


protected from all forms of violence.
Equal opportunity for women is promoted under the law.
In education, the law requires that all educational materials
and curriculums that tend to stereotype women be
revised.
In family relations, the law grants women equal weight in
all decision making processes.
All civil, political, social and economic rights of women
in marginalized sectors should be promoted and protected
under existing laws.
The law mandates the government to ensure the protection
and promotion of migrant womens rights and welfare.

Evaluation of the Law


RA 9710 recognizes and protects womens
rights at home, at work and in all spheres
of society toward developing all aspects of
their well-being.