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LAWS GRANTING

PROTECTION &
PRIVILEGES TO
FILIPINO WOMEN
WHAT ARE THE LAWS
PROTECTING WOMEN?
• Magna carta for women (R.A. 9710)
• Solo Parent ‘s Welfare Act of 2000 (8972)
• Anti-violence AGAINST WOMEN AND CHILDREN (R.A.
9262)
• Anti-Sexual Harassment Act of 1995 (R.A. 7877)
MAGNA CARTA FOR WOMEN
The Magna Carta for Women (MCFW) is a comprehensive human rights
law that seeks to eliminate discrimination against women by

Recognizing
Protecting
Fulfilling
Promoting
the rights of Filipino women, especially those in the marginalized sector of
society.
WHAT DO WE MEAN BY
DISCRIMINATION AGAINST WOMEN?
• Any gender based distinction, exclusion or restriction
• 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), of human rights and
fundamental freedoms in the political, economic, social, civil or any
other field.
WHAT DO WE MEAN BY
MARGINALIZED?
• Those who belong to the basic, disadvantaged or vulnerable groups
• Mostly living in poverty
• Have little or no access to land and resources, basic social and economic
services such as health care, education, water and sanitation,
employment and livelihood opportunities, housing security, physical
infrastructure and the justice system.
SINO BA SILA?

• Small farmers and rural workers • Senior citizens


• Fisherfolk • Persons with disabilities (PWDs)
• Urban poor • Solo parents
• Migrant workers • Children
• Indigenous peoples
MAGNA CARTA FOR WOMEN
• Any act or omission, including laws, policies, 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
opportunities, benefits and privileges.
WHAT ARE THE RIGHTS OF
WOMEN UNDER THE MCFW?
• All rights guaranteed by the Philippine Constitution and those rights
under international instruments duly signed and ratified by the
Philippines, in consonance with Philippine laws shall comprise the
rights of women under the magna carta of women.

• These rights shall be enjoyed without discrimination.


WHAT ARE THE RIGHTS OF WOMEN
UNDER THE MCFW? - IN PARTICULAR
• Protection from all kinds of violence including those committed by the
state
• Protection and security in times of disaster, calamities and other crisis
situation
• Equal treatment before the law, including the state’s review and when
necessary amendment or repeal of existing laws that are discriminatory
to women
• Equal access and elimination of discrimination against women in
education, scholarship and training
• Equal participation in sports
WHAT ARE THE RIGHTS OF WOMEN
UNDER THE MCFW? - IN PARTICULAR
• Non-discrimination in employment in the field of military, police and
other similar services.
• Non-discriminatory and non-derogatory portrayal of women in media and
filo raise the consciousness of the general public in recognizing the
dignity of women and the important role that they play in the society
• Comprehensive health Services and health information dissemination
• Equal rights in all matters relating to marriage and and family life
WHO WILL IMPLEMENT MCFW?
• The state
• The private sector
• All individuals in general
 Shall contribute to the recognition, respect and promotion of women defined
and guaranteed in the MCFW
SOLO PARENT’S WELFARE ACT
• Is the law that provides for benefits and privileges to solo parents and
their children

• It is aimed to develop a comprehensive package of social


development and welfare services for solo parents and their children
WHO ARE CONSIDERED SOLO
PARENTS?
• A woman who gives birth as a result of rape and other crimes against
chastity even without a final conviction of the of the offender, provided
the mother keeps and raised the child.
WHO ARE CONSIDERED SOLO
PARENTS?
• Parent left solo or alone with the responsibility of parenthood due to the
following circumstances:
o Death of the spouse
o Spouse is detained or serving sentence for a criminal conviction for at least
one year
o Physical or mental incapacity of spouse as certified by a public medical
practitioner
WHO ARE CONSIDERED SOLO
PARENTS?
• Legal separation or de facto separation from spouse for at least one year
As long as he/she is entrusted with the custody of the children

• Declaration of nullity or annulment of marriage as decreed by a court or


by a church as long as he/she is entrusted with the custody of the children
WHO ARE CONSIDERED SOLO
PARENTS?
• Unmarried mother or father who has preferred to keep and rear her/his children
instead of having others care for them or give them up to a welfare institution

• Any other person who solely provides parental care and support to a child or
children

• Any family member who assumes the responsibility of head of a family as a result of
death, abandonment, disappearance or prolonged absence of the parents or solo
parent
DOES THE SOLO PARENT ACT APPLY TO
THOSE WHOSE SPOUSE IS ABROAD?
• General Rule: NO

• Exception: if the other parent is abroad and has lost contact with his/her
family for a year or more, the parent who is left with the custody of the
children may be considered as a solo parent provided proofs are
presented to qualify as such
WHAT BENEFITS ARE EXTENDED
TO SOLO PARENTS?
• Livelihood assistance

• Self-employment and skills development

• Employment related benefits

• Psychological, educational and health services

• Housing services
KEY CRITERIA IN THE AVAILMENT
OF BENEFITS
• Any solo parent whose income in the place of domicile falls below the
poverty threshold as set by the National Economic and Development
Authority (NEDA) and subject to the assessment of the DSWD in the
area shall be eligible for assistance
REQUIREMENTS TO AVAIL THE
BENEFITS
• A solo parent should apply for a Solo parent id from the city/municipal
social welfare and development office

• Once the ID is issued a solo parent can apply for services he/she needs
REQUIREMENTS IN SECURING ID
• Barangay Certificate of residency

• Documents/evidence that the applicant is a solo parent

• Income tax return or Certificate of Indigency issued by the municipal


treasurer and barangay
WHAT IS PARENTAL LEAVE?
• Refers to the leave benefits given to solo parents to enable the latter to
perform parental duties and responsibilities where physical presence is
required
Non-commulative
7-day period
On top of other leave benefits
CONDITIONS TO AVAIL PARENTAL
LEAVE
• Solo parents must have rendered government service for at least one year,
whether continuous or broken, regardless of the employment status
• Parental leave shall be availed every year and is not convertible to cash
• Can be used continuous or staggered subject to the approval
• Application shall be submitted one week prior, except for emergency
cases
WHAT ARE THE INSTANCES WHEN
PARENTAL LEAVE CAN BE USED?
• Attend a personal milestone of a child
• Performance of parental obligations such as enrolment, attendance in
school programs, pta meetings and the like
• Attend medical, social, spiritual and recreational needs of the child
• Other similar circumstances necessary in the performance of parental
duties and duties and responsibilities, where physical presence of the
parent is required
ANTI-SEXUAL HARASSMENT ACT
OF 1995
• Sexual harassment us bullying or coercion of a sexual nature, or the
unwelcome or inappropriate promise of rewards in exchange for
sexual favors.
• Also defined as an unwelcome sexual advances, requests, sexual
favors and other verbal or physical conduct sexual in nature
WHAT IS THE POLICY OF THE
STATE?
• Sexual harassment, which has been declared unlawful in the
workplace, training and education environments, will not be tolerated
as it violates the dignity and human rights of persons
WHERE CAN SEXUAL HARASSMENT BE
COMMITTED UNDER CSC RESOLUTION NO. 01-
0940?
• In the premises of the workplace, office or of the school or training
institution
• In any place where the parties are found as a result of work or
education or training responsibilities or relations
• At work or eduction or training related social functions
WHERE CAN SEXUAL HARASSMENT BE
COMMITTED UNDER CSC RESOLUTION NO. 01-
0940?
• While on official business outside the office or school or training
institution
• At official conferences, for a, symposia or training sessions
• By telephone, cellular phone, fax machine or electronic mail
HOW IS IT COMMITTED?
• Work, education or training related sexual harassment is committed by an
employee, manager, supervisor, agent of the employer, teacher, instructor,
professor, coach, trainor or any other person
• who having authority, influence or moral ascendency over another in a
work or training or education environment,
• demands, requests or otherwise requires any sexual favor from the other,
• regardless of whether the demand, request or requirement for submission
is accepted by the object of said act.
WHEN IS IT COMMITTED?
• When the sexual favor is made as a condition in the hiring or in the
employment, re-employment, continued employment of said
individual or in granting said individual favorable compensation,
terms and conditions of work, promotions or privileges
• Or the refusal to grant sexual favor results in limiting, segregating or
classifying the employee which in a way would discriminate, deprive,
diminish employment opportunities or otherwise adversely affect said
employee
WHEN IS IT COMMITTED?
• When the foregoing acts
 Impair the employees rights or privileges under existing labor laws
 Would result in an intimidating, hostile or offensive environment for the
employee
WHAT ARE THE FORMS OF SEXUAL
• Physical HARASSMENT?
 Malicious touching
 Overt sexual advances
 Gestures with lewd insinuations
WHAT ARE THE FORMS OF SEXUAL
HARASSMENT?
• Verbal
 Requests or demands for sexual favors
 Lurid remarks
WHAT ARE THE FORMS OF SEXUAL
• Use of objects HARASSMENT?
• Use of pictures or graphics
• Letters or written notes with sexual underpinnings
WHAT ARE THE PENALTIES?
• Imprisonment of not less than one month nor more than six months or
a fine of not less than ten thousand pesos nor more than twenty
thousand pesos or both such fine and imprisonment at the discretion
of the court.
Thank you very much!!!!

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