THE MAGNA CARTA OF

WOMEN: Advancing Gender

Equality

By PSSUPT SUSAN RABANO JALLA

Chief, FJGADD
WHY A MAGNA CARTA OF WOMEN?
Legal Bases of Magna Carta

of Women (RA 9710)

International Covenant on Civil and Political Rights
(ICCPR)

BY RATIFYING THE ICCPR, the Philippines commits

itself:
To ensure to all individuals the rights recognized in
ICCPR, without distinction of any kind, such as race,
color, sex, language, religion, political or other opinion,
national or social origin, property, birth or other status

Example –
No marriage without the free and full consent

Equality of rights and responsibilities of spouses as to

marriage, during marriage and at its dissolution
Legal Bases of Magna Carta
of Women (RA 9710)
International Covenant on Economic, Social and
Cultural Rights (ICESCR)
BY RATIFYING THE ICESCR, the Philippines commits
itself:
To undertake to guarantee that the rights in ICESCR will
be exercised without discrimination of any kind as to
race, color, sex, language xxx
To ensure the equal right of men and women to the
enjoyment of all economic, social and cultural rights

Example –

Right to work and just and favorable conditions of work

No marriage without the free and full consent, with
special protection to mothers during reasonable period
before and after childbirth, such as paid leave
Legal Bases of Magna Carta
of Women (RA 9710)
Convention on the Elimination of All forms of
Discrimination Against Women (CEDAW)

BY RATIFYING THE CEDAW, the Philippines

commits itself:
To incorporate the principle of equality of men and
women in their legal system, abolish all
discriminatory laws and adopt appropriate ones
prohibiting discrimination against women.
To establish tribunals and other public institutions to
ensure the effective protection of women against
discrimination.
To ensure elimination of all acts of
discrimination against women by persons,
organizations or enterprises.
LEGAL FRAMEWORK
OF MCW
1987 Constitution
ARTICLE II, State Policies and Declarations Section 14.

The State recognizes the role of women in nation-building, and

shall ensure the fundamental equality before the law of
women and men.

ARTICLE VII SECTION 5. (2)

xxx For three consecutive terms after the ratification of this

Constitution, one-half of the seats allocated to party-list
representatives shall be filled, as provided by law, by
selection or election from the labor, peasant, urban poor,
indigenous cultural communities, women, youth, and such other
sectors as may be provided by law, except the religious sector.
LEGAL FRAMEWORK
OF MCW
ARTICLE XII, ‘87 Constitution
Social Justice and Human Rights
Health
SECTION 11.
The State shall adopt an integrated and comprehensive
approach to health development xxx. There shall be priority for
the needs of the underprivileged sick, elderly, disabled,
women, and children. The State shall endeavor to provide free
medical care to paupers.
Women
SECTION 14.
The State shall protect working women by providing safe
and healthful working conditions, taking into account their
maternal functions, and such facilities and opportunities that will
enhance their welfare and enable them to realize their full
potential in the service of the nation.
WHAT IS THE
MAGNA CARTA OF WOMEN?

An omnibus law on the rights of women

Objective is to recognize, respect, protect, fulfill
and promote all human rights and fundamental
freedoms of women, particularly the poor and
marginalized
Focus on the elimination of discrimination
against women
DIFFERENCE FROM THE MCW FILED IN
THE 13TH CONGRESS

Title from Magna Carta for Women to Magna

Carta of Women reflects the empowerment
framework
Policy articulation on substantive equality and non-
discrimination (as provided for in CEDAW)
Moro women was added under marginalized
groups
Gender and Development (GAD) Ombudsperson
with investigative powers lodged under the
Commission on Human Rights (CHR)
POLICY

Ensures the substantive equality of women and

men
Promote women’s empowerment of women and pursue
equal opportunities for women and men

Address discrimination and inequality in the economic,

political, social, and cultural

Affirms women’s rights as human rights

Fulfill its duties to respect, protect, fulfill, and promote all
human rights and fundamental freedoms of women
without discrimination on account of class, age, sex,
gender, language, ethnicity, religion, ideology, disability,
education, and status.
PRINCIPLES OF HUMAN

RIGHTS OF WOMEN
Universality

Indivisible

Interdependent and interrelated

Equality of human beings

No one should suffer discrimination on the basis of
ethnicity, gender, age, language, sexual
orientation, race, color, religion, political, or other
opinion, national, social, or geographical origin, disability,
property, birth, or other status as established by human
rights standards
DISCRIMINATION

“Discrimination against women”

Any Gender-based Distinction, Exclusion Or

Restriction

Purpose or effect of –

impairing or nullifying the recognition, enjoyment or

exercise by women, irrespective of marital status, on
the basis of equality of men and women,

of human rights and fundamental freedoms in the

political, economic, social, cultural, civil, or any other
field
DUTIES TO HUMAN RIGHTS
OF WOMEN

State as primary duty bearer

Duties:
Refrain from discriminating against women

Protect women against discrimination and violation of

women’s rights

Promote and Fulfill women’s rights in all spheres

Protection from violence
RIGHTS AND EMPOWERMENT

Protection from violence

 Within 5 years, incremental increase in recruitment and
training of women in police force, forensics and medico-
legal, legal services, and social work services for gender-
related offenses until 50% of personnel are women

 Mandatory training on human rights and gender-

sensitivity for all government personnel involved in
protection and defense against gender-based violence

 Establish Violence Against Women’s Desk in all LGUs

RIGHTS AND EMPOWERMENT

Participation and representation in decision

and policy-making processes
 Within 5 years, incremental increase in the number of
women in 3rd level positions in government until 50-50
gender balance
 In Development Councils (regional up to barangay level) at
least 40% of members are women)
 Women’s groups’ representation in international, national,
and local special and decision-making bodies
 Opportunity, on equal terms with men, to represent
government in international bodies
 Incentives for political parties with women’s agenda;
encourage integration of women in leadership hierarchy
 Incentives for private sector to encourage women leadership
RIGHTS AND EMPOWERMENT

Equal Treatment before the Law

 Review and amend or repeal discriminatory laws within 3
years from effectivity
RIGHTS AND EMPOWERMENT

Equal Access and Elimination of

Discrimination in Education, Scholarships, and
Trainings
 Revision of gender stereotypes in educational materials and
curricula
 Use of gender-sensitive language at all times
 Capacity building on GAD, peace and human rights for teachers
 Encourage women’s enrollment in non-traditional skills training
 Prohibition against expulsion and non-admission of women
faculty due to pregnancy outside of marriage
 Prohibition against non-admission of female student solely on
account of pregnancy outside of marriage
RIGHTS AND EMPOWERMENT

Women in the Military, Police and other similar

services
 Eliminate discrimination
 Revise or abolish policies and practices restricting
women from availing themselves of combat and non-
combat training, or from taking on functions other than
administrative tasks
 Same right to employment, capacity to act in and enter
into contracts, including marriage
 Entitlement to maternity leave
RIGHTS AND EMPOWERMENT

Non-discriminatory and Non-derogatory

Portrayal of Women in Media and Film
 Require all media organization to integrate in human
resource development regular training on gender equality

 Create and use gender equality guidelines in all aspects

of management, training, production, information and
dissemination, etc.

 Convene gender equality committee that will promote

gender mainstreaming as framework and affirmative
action as strategy
RIGHTS AND EMPOWERMENT

Right to Health
 Comprehensive Health Services
 Comprehensive, culture-sensitive, and gender-responsive
 Respect for religious convictions
 Ensure access:
- maternal care, including pre- and post-natal services
- promotion of breastfeeding
- youth sexuality education and health services
- prevention and management of reproductive tract infections,
cancers, abortion, pregnancy-related complications, infertility,
mental health, sexual dysfunction
- VAWC assistance towards recovery and empowerment
- care for elderly women
 Comprehensive Health Information and Education
 Ethical, legal, safe, and effective family planning methods
RIGHTS AND EMPOWERMENT

Special Leave Benefit for 2 months (based on

gross monthly compensation)
 Continuous aggregate employment of at least 6 months
for the last 12 months prior to surgery

 Non-cumulative and non-convertible

 Due to surgery caused by gynecological disorders

 In event of extended leave, may use earned leave credits

RIGHTS AND EMPOWERMENT

Equal Rights in All Matters Relating to

Marriage and Family Relations
 To enter into and leave marriage or common law relationship
 To choose freely a spouse; free and full consent
 Joint decision in the number and spacing of children and
access to information, education and means to enable to decide
 To personal rights between spouses or common law spouses,
including choose freely a profession and occupation
 For spouses or common law spouses, same rights regarding
ownership, acquisition, management, administration,
enjoyment, and disposition of property
 To properties and resources, titled or not, and inherited
 To acquire, change, or retain nationality
RIGHTS AND EMPOWERMENT
OF MARGINALIZED SECTORS

What is marginalization?
Condition where category of people is excluded from
useful and meaningful participation in political, economic,
social, and cultural life

Condition of poverty – little or no access to land and

other resources, basic social and economic services, and
the justice system
RIGHTS AND EMPOWERMENT
OF MARGINALIZED SECTORS

Who are the marginalized persons 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
Solo Parents as defined under RA 8972
RIGHTS AND EMPOWERMENT
OF MARGINALIZED SECTORS

Right to Food, Food Security, and Resources for Food

Production
Right to Housing
Right to Decent Work, Livelihood, Credit, Capital and
Technology
 State to ensure:

- Support services and gears to protect maternal functions

- Support services to balance family life obligations and work

responsibilities, including but not limited to
- Establishment of day care centers and breastfeeding
stations at the workplace
- Maternity leaves
RIGHTS AND EMPOWERMENT
OF MARGINALIZED SECTORS

Right to Education and Training

Right to Representation and Participation (not limited to

PARC, NFARMC, NCIP, PCUP, NAPC)

Right to Information on policies, programs, projects and

funding that affect women

Social Protection

Recognition and Preservation of Cultural Identity and

Integrity
 For Moro and indigenous peoples

 Provided not discriminatory to women

RIGHTS AND EMPOWERMENT
OF MARGINALIZED SECTORS

Peace and Development

 Increase in number of women in peace process, including
membership in peace panels,
 inclusion of women’s welfare in the peace agenda

LGU services and interventions for WEDC

 WEDC are victims and survivors of sexual and physical abuse,
illegal recruitment, prostitutions, trafficking, armed conflict,
women in detention, victims and survivors of rape and incest,
and other related circumstances which have incapacitated them
functionally
RIGHTS AND EMPOWERMENT
OF MARGINALIZED SECTORS

Protection of Girl-Children

Senior Citizens’ Protection and Provision of Services

(from abandonment, domestic violence, abuse,
exploitation and discrimination)
INSTITUTIONAL MECHANISMS

Gender mainstreaming as strategy for

implementing the MCW
ALL departments …, state universities, … and other
government instrumentalities shall adopt gender
mainstreaming
INSTITUTIONAL MECHANISMS

Gender mainstreaming as strategy for

implementing the MCW
1. Planning, budgeting, monitoring and evaluation for
GAD
Design GAD programs addressing gender issues and
concerns
– Gender audit of the agency
– Gender analysis of policies, programs, services and situation
of its clientele
– Generation and review of sex-aggregated data
– Consultation with gender/women’s rights advocates and
agency/clientele

Provide for temporary gender equity measures, when

needed

Integrate gender issues and concerns in annual plans and

local plans and agenda
INSTITUTIONAL MECHANISMS

Gender mainstreaming as strategy for

implementing the MCW

2. Creation and/or Strengthening of GAD Focal Points

(GFP)
Composition of the Gad Focal Point System
– Head or Chief Executive
– Executive Committee
– Local official
– TWG
– Secretariat

Tasks and Functions of members of GFP

– Part of their regular key result areas and given consideration
in performance evaluation.
INSTITUTIONAL MECHANISMS

Gender mainstreaming as strategy for

implementing the MCW

3.Generation and Maintenance of GAD

Database
Contains gender statistics and sex-disaggregated
data
Updated and subjected to gender analysis for
planning, programming, and policy formulation
INSTITUTIONAL MECHANISMS
Role of Philippine Commission on Women
(PCW) and the Commission on Human Rights
(CHR)
PCW as over-all monitoring body

May direct any agency to report on the implementation of

MCW
Leads in ensuring government agencies’ capacity-building
on MCW Implementation
CHR as Ombuds
Investigates complaints of discrimination and violation of
rights under MCW and related laws
Establish guidelines and mechanisms to facilitate access to
legal remedies
Assist in the filing of cases in violation of MCW
Recommend possible administrative action for non-
compliance or failure to implement MCW.
INSTITUTIONAL MECHANISMS

Discrimination against women is prohibited

Who may be responsible?

Public and Private Entities

The person directly responsible, as well as the head of

the agency or local chief executive

Sanctions imposed under appropriate laws

INSTITUTIONAL MECHANISMS

Incentives and Awards for Outstanding

Performance
Given to deserving entities, government agencies, local
government units

For upholding women’s rights and effective implementation

of gender-responsive programs
INSTITUTIONAL MECHANISMS

Gender mainstreaming as strategy for

implementing the MCW (GAD Plan and budget,
GAD focal points, sex-disaggregated data,
GAD-related policies and plans)
PCW as over-all monitoring body; CHR as
Ombuds
Incentives and Awards

 For outstanding performance in upholding women’s

rights and effective implementation of gender-responsive
programs.
THANK YOU !!!