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WOMEN AND THE

LAW
Lesson Objectives:
• This module discusses about the various Philippine
laws affecting women and their rights. At the end of
this module, you should be able to:

• Know about the various Philippine laws affecting


women
• Identify the various rights of women; and
• Understand the impact of these laws and rights to
the Filipino woman and society
The 1987 Constitution – the fundamental law of the
country upon which all of the laws are anchored or based on.
 ARTICLE II: DECLARATION OF PRINCIPLES AND STATE
POLICIES
 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 XIII: SOCIAL JUSTICE AND HUMAN RIGHTS
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.
The Magna Carta of Women

• REPUBLIC ACT No. 9710


AN ACT PROVIDING FOR THE MAGNA CARTA OF
WOMEN

It shall promote empowerment of women and pursue equal


opportunities for women and men and ensure equal access
to resources and to development results and outcome.
VARIOUS LAWS PROMOTING
GENDER EQUALITY
REPUBLIC ACT No. 7160
AN ACT PROVIDING FOR A LOCAL GOVERNMENT
CODE OF 1991

Provides for the election of the sectoral


representation, including women, in local legislative
councils.
REPUBLIC ACT No. 7941
• AN ACT PROVIDING FOR THE ELECTION OF PARTY-
LIST REPRESENTATIVES THROUGH THE PARTY-LIST
SYSTEM, AND APPROPRIATING FUNDS THEREFORE

Provides for the creation of women-oriented or women-


based parties to compete under the party-list system.
Women is one of the nine sectors identified in the law.
LABOR CODE (1989)

• Covers issues, such as night work prohibitions,


specifies that employers must provide special
facilities for women, prohibition of discrimination
against women in respect to terms and conditions
of employment, and prohibition of discrimination by
reason of marriage of a woman worker.
REPUBLIC ACT NO. 7192
• AN ACT PROMOTING THE INTEGRATION OF WOMEN
AS FULL AND EQUAL PARTNERS OF MEN IN
DEVELOPMENT AND NATION BUILDING AND FOR
OTHER PURPOSES.
 The law provides that a substantial portion of gov’t resources be
utilized to support programs and activities for women
 The law encourages the full participation and involvement of
women in the development process and to remove gender bias in
all government regulations and procedures.
- gender budget allocation of a minimum of 5% (increasing to
30% of all official development funds in mainstreaming gender
concerns.
Republic Act No. 6657
• AN ACT INSTITUTING A COMPREHENSIVE AGRARIAN
REFORM PROGRAM TO PROMOTE SOCIAL JUSTICE
AND INDUSTRIALIZATION, PROVIDING THE
MECHANISM FOR ITS IMPLEMENTATION, AND FOR
OTHER PURPOSES.

Gave the Filipino women the right to own land that


previously reverted to sons and other male family members.
 Republic Act No. 7688
AN ACT GIVING REPRESENTATION TO WOMEN
IN SOCIAL SECURITY COMMISSION

 Republic Act No. 7877

AN ACT DECLARING SEXUAL HARASSMENT


UNLAWFUL IN THE EMPLOYMENT,
EDUCATION OR TRAINING ENVIRONMENT,
AND FOR OTHER PURPOSES
NATIONAL PROGRAMS
 Philippine Plan for Gender Responsive Development
overall frame and point of reference for the discussions
and monitorings of gender mainstreaming.

 Gender and Development Budget (GAD) - aimed at,


institutionalizing gender concerns in the mainstream of
development process and agenda and not just peripheral
programs and projects of the government.
NATIONAL PROGRAMS

 Framework Plan for Women (FPW)


3 thrusts of :
 promoting women’s economic empowerment
 advance and protect women human rights
 promote gender responsive governance

Note: with this plan, it identifies the concrete gender issues to be


addressed
WOMEN’S RIGHT TO PARTICIPATE
• Women’s right to vote was granted in 1937 as stipulated
in the 1935 Phil. Constitution.
• 300,000 women to vote in the plebiscite
• 447,725 voted yes
• The 1987 Constitution states that: “The state
values the dignity of every human person and
guarantees full respect for human rights.”

• No person shall be deprived of life, liberty, or


property without due process of law, nor shall any
person be denied the equal protection of the laws
(Article 3 Section 1, 1987 Philippine Constitution)
VIOLENCE AND DISCRIMINATION
AGAINST LGBTQ+ YOUTH IN
EDUCATION
REPUBLIC ACT 10627
• AN ACT REQUIRING ALL ELEMENTARY AND
SECONDARY SCHOOLS TO ADOPT POLICIES TO
PREVENT AND ADDRESS THE ACTS OF BULLYING IN
THEIR INSTITUTIONS
 includes gender-based bullying as a prohibited and
punishable act.
 Gender-based bullying is defined as “any act that
humiliates or excludes a person on the basis of perceived
or actual sexual orientation and gender identity (SOGI)
(Republic Act No. 10627)
Child Protection Policy 2012

• In cases where the bullying is committed by a


Principal, teacher or any other school personnel,
the law being violated is Department of Education
No. 40 on Child Protection Policy. This policy
includes the protection of students from any form of
violence regardless of their sexual orientation or
gender identity.
What is Sexual Harassment?

Under RA 7877, work, education,or training related sexual


harassment is “committed by an employer, employee,
manager, supervisor, agent of the employer, teacher,
instructor, professor, coach, trainor, or any person who,
having authority, influence or moral ascendancy 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 or not by the
object of said act.”
How is work-related sexual harassment committed?
Work-related Sexual Harassment is committed when:

1. The sexual favor is made as a condition in the hiring or in the


employment, re-employment or continued employment of said
individual, or in granting said individual favorable compensation, terms,
conditions, promotions, or privileges; or refusal to grant the sexual
favor results in limiting, segregating or classifying the employee which
in any way would discriminate, deprive or diminish employment
opportunities or otherwise adversely affect said employee
2. The above acts would impair the employee’s rights or privileges
under existing labor laws; or
3. The above acts would result in an intimidating, hostile or offensive
environment for the employee.
How is education or training-related sexual harassment
committed?
Education or Training-related Sexual Harassment is committed:

1. Against one who is under the care, custody or supervision of


the offender;
2. Against one whose education, training, apprenticeship, or
tutorship is entrusted to the offender;
3. When the sexual favor is made a condition to the giving of a
passing grade, or granting of honors and scholarships, or the
payment of a stipend, allowance or other benefits, privileges, or
considerations; or
4. When the sexual advances result in an intimidating,
hostile or offensive environment for the student,
trainee or apprentice.

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