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PCTHE2

REPUBLIC ACT NO. 9710

AN ACT PROVIDING FOR THE MAGNA


C A RTA O F W O M E N

R E P O RT E R : PAT R I C I A A M A D O R A
D AT E : N O V.
OBJECTIVES

1. What is the Magna Carta of Women;

2. Definition of Terms

3. Duties Related to the Human Rights of Women

4. Rights and Empowerment of Marginalized Sectors

5. Other Human Rights of Women


3 CONTOSO ALL-HANDS
What is Magna Carta of Women?

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 conveys
a framework of rights for women based directly on international law.

The MCW establishes the Philippine Government’s pledge of commitment to


the Convention on the Elimination of All forms of Discrimination Against
Women’s (CEDAW) Committee in it’s 36 th Session in 2006 and to the UN
Human Rights Council on its first Universal Periodic Review in 2009. It is the
local translation of the provisions of the 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).
Definition of Terms:

1. “Women Empowerment”- refers to the provision, availability, and


accessibility of opportunities, services, and observance of human rights which
enable women to actively participate and contribute to the political, economic,
social, and cultural development of the nation as well as those which shall
provide them equal access to ownership, management, and control of
production, and of material and informational resources and benefits in the
family, community, and society.
“Women Empowerment”
Definition of Terms:

2. “Discrimination Against Women”- refers to any gender based distinction,


exclusion, or restriction which has the effect or purpose of impairing or nullifying
the recognition, enjoyment, or exercises by the 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.
3. “Marginalization” refers to a condition where a whole category
of people is excluded from useful and meaningful participation in
political, economic, social, and cultural life.

4. “Marginalized” refers to the basic, disadvantaged, or


vulnerable persons or groups who are mostly living in poverty and
have little or no access to lands and other resources, basic social
and economic services such as health care, education, water, and
sanitation, employment and livelihood opportunities, housing,
social security, physical infrastructure, and the justice system.
Salient Features of the Law included:

-Increasing the number of women in third-level positions in


government to achieve a fifty-fifty(50-50) gender balance within
the next five years while the composition of women in all levels
of development planning and program implementation will be at
least 40 percent;
Salient Features of the Law included:

-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;
Salient Features of the Law included:

- N o n - d i s c r i m i n a t i o n i n e m p l o y m e n t i n t h e f i e l d o f m i l i t a r y,
police, and other similar services that include the same
promotional privileges and opportunities as their men
counterparts, including pay increases, additional
benefits, and awards, based on competency and quality
of performance.
Salient Features of the Law included:

-Provision for equal access and elimination of


discrimination in education, scholarships, and training.
Thus, “expulsion, non-readmission, prohibiting
enrollment, and other related discrimination of women
students and faculty due to pregnancy out of marriage
shall be outlawed.
Salient Features of the Law included:

-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
c o n t r i b u t i o n o f w o m e n i n f a m i l y, c o m m u n i t y, a n d t h e s o c i e t y
through the strategic use of mass media;

-Equal status given to men and women on the titling of the


land and issuance of stewardship contracts and patents.

-In addition to guaranteeing substantive rights, the MCW


establishes the responsibility of the government to take
actions in order to end discrimination against women. It
provides that the Philippines government must “ensure the
substantive equality of men and women” and mandates the
S t a t e t o t a k e s t e p s t e r e v i e w, a m e n d o r r e p e a l e x i s t i n g l a w s
that are discriminatory towards women.
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 the gender focal
point in the consular section of Philippine embassies or
consulates. The said officer who shall be trained in Gender and
Development shall be primarily responsible for 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.
Subsequent Enactment:

1. CSC Guidelines on the availment of Special Leave


B e n e f i t s f o r Wo m e n u n d e r R A 9 7 1 0 p r o v i d i n g s p e c i a l
leave benefits of two (2) months with full pay following
surgery caused by gynecological disorders(also in the
p r i v a t e s e c t o r / D e p t . O r d e r 11 2 - 11 ) ;

2 . G u i d e l i n e s i n t h e E s t a b l i s h m e n t o f a Vi o l e n c e A g a i n s t
Wo m e n ( VAW ) D e s k i n e v e r y b a r a n g a y ( J o i n t
Memorandum Circular No.
2010-2/DILG/DSWD/DepEd/DOH/PCW);
Subsequent Enactment:

3. BJMP Operation manual 2015:

Pregnant Inmates/Female Inmates with Infants:


a. Pregnant inmates must be referred to a jail physician or
nurse for pre-natal examination;
b . T h e y s h o u l d b e g i v e n t a s k s t h a t a r e d e e m e d f i t a n d p r o p e r,
and their physical limitations, be considered;
c . D u r i n g a c t i v e l a b o r, p r e g n a n t i n m a t e s s h o u l d b e t r a n s f e r r e d
nearest government hospital
d . Tr e a t m e n t o f m o t h e r a n d h e r i n f a n t / s s h a l l b e i n a c c o r d a n c e
with the BJMP Policy (Refer to DSWD manual); and
e. Female inmates whit infants shall be provided with ample
p r i v a c y d u r i n g b r e a s t f e e d i n g a c t i v i t y.
THANK YOU

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