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.