Magna Carta of Women
Magna Carta of Women
Magna Carta of Women
Metro Manila
CHAPTER I
General Provisions
SECTION 1. Short Title. — This Act shall be known as “The Magna Carta of Women”.
The State condemns discrimination against women in all its forms and pursues by all appropriate
means and without delay the policy of eliminating discrimination against women in keeping with
the Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW) and
other international instruments consistent with Philippine law. The State shall accord women the
rights, protection, and opportunities available to every member of society.
The State a5rms women’s rights as human rights and shall intensify its efforts to ful^ll its duties
under international and domestic law to recognize, respect, protect, ful^ll, and promote all human
rights and fundamental freedoms of women, especially marginalized women, in the economic,
social, political, cultural, and other ^elds without distinction or discrimination on account of class,
age, sex, gender, language, ethnicity, religion, ideology, disability, education, and status.
The State shall provide the necessary mechanisms to enforce women’s rights and adopt and
undertake all legal measures necessary to foster and promote the equal opportunity for women
to participate in and contribute to the development of the political, economic, social, and cultural
realms.
The State, in ensuring the full integration of women’s concerns in the mainstream of
development, shall provide ample opportunities to enhance and develop their skills, acquire
productive employment and contribute to their families and communities to the fullest of their
capabilities.
In pursuance of this policy, the State rea5rms the right of women in all sectors to participate in
policy formulation, planning, organization, implementation, management, monitoring, and
evaluation of all programs, projects, and services. It shall support policies, researches,
technology, and training programs and other support services such as ^nancing, production, and
marketing to encourage active participation of women in national development.
SECTION 3. Principles of Human Rights of Women. — Human rights are universal and
inalienable. All people in the world are entitled to them. The universality of human rights is
encompassed in the words of Article 1 of the Universal Declaration of Human Rights, which
states that all human beings are free and equal in dignity and rights.
Human rights are indivisible. Human rights are inherent to the dignity of every human being
whether they relate to civil, cultural, economic, political, or social issues.
Human rights are interdependent and interrelated. The ful^llment of one right often depends,
wholly or in part, upon the ful^llment of others.
All individuals are equal as human beings by virtue of the inherent dignity of each human person.
No one, therefore, 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.
All people have the right to participate in and access information relating to the decision-making
processes that affect their lives and well-being. Rights-based approaches require a high degree of
participation by communities, civil society, minorities, women, young people, indigenous peoples,
and other identi^ed groups.
States and other duty-bearers are answerable for the observance of human rights. They have to
comply with the legal norms and standards enshrined in international human rights instruments
in accordance with the Philippine Constitution. Where they fail to do so, aggrieved rights-holders
are entitled to institute proceedings for appropriate redress before a competent court or other
adjudicator in accordance with the rules and procedures provided by law.
CHAPTER II
DeInition of Terms
SECTION 4. De^nitions. — For purposes of this Act, the following terms shall mean:
(a) “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 bene^ts in the family,
community, and society.
It includes any act or omission, including by law, policy, administrative measure, or practice, that
directly or indirectly excludes or restricts women in the recognition and promotion of their rights
and their access to and enjoyment of opportunities, bene^ts, or privileges.
Provided, ^nally, that discrimination compounded by or intersecting with other grounds, status, or
condition, such as ethnicity, age, poverty, or religion shall be considered discrimination against
women under this Act.
(d) “Marginalized” refers to the basic, disadvantaged, or vulnerable persons or groups who
are mostly living in poverty and have little or no access to land 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.
These include, but are not limited to, women in the following sectors and groups:
(1) “Small Farmers and Rural Workers” refers to those who are engaged directly or indirectly
in small farms and forest areas, workers in commercial farms and plantations, whether paid or
unpaid, regular or season-bound. These shall include, but are not limited to, (a) small farmers
who own or are still amortizing for lands that is not more than three (3) hectares, tenants,
leaseholders, and stewards; and (b) rural workers who are either wage earners, self-employed,
unpaid family workers directly and personally engaged in agriculture, small-scale mining,
handicrafts, and other related farm and off-farm activities;
(3) “Urban Poor” refers to those residing in urban and urbanizable slum or blighted areas,
with or without the bene^t of security of abode, where the income of the head of the family
cannot afford in a sustained manner to provide for the family’s basic needs of food, health,
education, housing, and other essentials in life;
(4) “Workers in the Formal Economy” refers to those who are employed by any person acting
directly or indirectly in the interest of an employer in relation to an employee and shall include the
government and all its branches, subdivisions, and instrumentalities, all government-owned and -
controlled corporations and institutions, as well as nonpro^t private institutions or organizations;
(8) “Moro” refers to native peoples who have historically inhabited Mindanao, Palawan, and
Sulu, and who are largely of the Islamic faith;
(9) “Children” refers to those who are below eighteen (18) years of age or over but are unable
to fully take care of themselves or protect themselves from abuse, neglect, cruelty, exploitation,
or discrimination because of a physical or mental disability or condition;
(10) “Senior Citizens” refers to those sixty (60) years of age and above;
(11) “Persons with Disabilities” refers to those who are suffering from restriction or different
abilities, as a result of a mental, physical, or sensory impairment to perform an activity in the
manner or within the range considered normal for a human being; and
(12) “Solo Parents” refers to those who fall under the category of a solo parent de^ned under
Republic Act No. 8972, otherwise known as the “Solo Parents Welfare Act of 2000”.
(e) “Substantive Equality” refers to the full and equal enjoyment of rights and freedoms
contemplated under this Act. It encompasses de jure and de facto equality and also equality in
outcomes.
(f) “Gender Equality” refers to the principle asserting the equality of men and women and
their right to enjoy equal conditions realizing their full human potentials to contribute to and
bene^t from the results of development, and with the State recognizing that all human beings are
free and equal in dignity and rights.
(g) “Gender Equity” refers to the policies, instruments, programs, services, and actions that
address the disadvantaged position of women in society by providing preferential treatment and
a5rmative action. Such temporary special measures aimed at accelerating de facto equality
between men and women shall not be considered discriminatory but shall in no way entail as a
consequence the maintenance of unequal or separate standards. These measures shall be
discontinued when the objectives of equality of opportunity and treatment have been achieved.
(h) “Gender and Development (GAD)” refers to the development perspective and process
that are participatory and empowering, equitable, sustainable, free from violence, respectful of
human rights, supportive of self-determination and actualization of human potentials. It seeks to
achieve gender equality as a fundamental value that should be refected in development choices;
seeks to transform society’s social, economic and political structures and questions the validity
of the gender roles they ascribed to women and men; contends that women are active agents of
development and not just passive recipients of development assistance; and stresses the need of
women to organize themselves and participate in political processes to strengthen their legal
rights.
(i) “Gender Mainstreaming” refers to the strategy for making women’s as well as men’s
concerns and experiences an integral dimension of the design, implementation, monitoring, and
evaluation of policies and programs in all political, economic, and societal spheres so that
women and men bene^t equally and inequality is not perpetuated. It is the process of assessing
the implications for women and men of any planned action, including legislation, policies, or
programs in all areas and at all levels.
(j) “Temporary Special Measures” refers to a variety of legislative, executive, administrative,
and regulatory instruments, policies, and practices aimed at accelerating this de facto equality of
women in speci^c areas. These measures shall not be considered discriminatory but shall in no
way entail as a consequence the maintenance of unequal or separate standards. They shall be
discontinued when their objectives have been achieved.
(k) “Violence Against Women” refers to any act of gender-based violence that results in, or is
likely to result in, physical, sexual, or psychological harm or suffering to women, including threats
of such acts, coercion, or arbitrary deprivation of liberty, whether occurring in public or in private
life. It shall be understood to encompass, but not limited to, the following:
(1) Physical, sexual, psychological, and economic violence occurring in the family, including
battering, sexual abuse of female children in the household, dowry-related violence, marital rape,
and other traditional practices harmful to women, non-spousal violence, and violence related to
exploitation;
(2) Physical, sexual, and psychological violence occurring within the general community,
including rape, sexual abuse, sexual harassment, and intimidation at work, in educational
institutions and elsewhere, tra5cking in women, and prostitution; and
(3) Physical, sexual, and psychological violence perpetrated or condoned by the State,
wherever it occurs.
It also includes acts of violence against women as de^ned in Republic Acts No. 9208 and 9262.
(l) “Women in the Military” refers to women employed in the military, both in the major and
technical services, who are performing combat and/or noncombat functions, providing security
to the State, and protecting the people from various forms of threat. It also includes women
trainees in all military training institutions.
(m) “Social Protection” refers to policies and programs that seek to reduce poverty and
vulnerability to risks and enhance the social status and rights of all women, especially the
marginalized by promoting and protecting livelihood and employment, protecting against hazards
and sudden loss of income, and improving people’s capacity to manage risk. Its components are
labor market programs, social insurance, social welfare, and social safety nets.
CHAPTER III
The State, private sector, society in general, and all individuals shall contribute to the recognition,
respect, and promotion of the rights of women de^ned and guaranteed under this Act.
SECTION 5. The State as the Primary Duty-Bearer. — The State, as the primary duty-bearer,
shall:
(a) Refrain from discriminating against women and violating their rights;
(b) Protect women against discrimination and from violation of their rights by private
corporations, entities, and individuals; and
(c) Promote and ful^ll the rights of women in all spheres, including their rights to
substantive equality and non-discrimination.
The State shall ful^ll these duties through law, policy, regulatory instruments, administrative
guidelines, and other appropriate measures, including temporary special measures.
Recognizing the interrelation of the human rights of women, the State shall take measures and
establish mechanisms to promote the coherent and integrated implementation and enforcement
of this Act and related laws, policies, or other measures to effectively stop discrimination against
and advance the rights of women.
The State shall keep abreast with and be guided by progressive developments in human rights of
women under international law and design of policies, laws, and other measures to promote the
objectives of this Act.
SECTION 6. Duties of the State Agencies and Instrumentalities. — These duties of the State
shall extend to all state agencies, o5ces, and instrumentalities at all levels and government-
owned and -controlled corporations, subject to the Constitution and pertinent laws, policies, or
administrative guidelines that de^ne speci^c duties of state agencies and entities concerned.
SECTION 7. Suppletory Effect. — This chapter shall be deemed integrated into and be
suppletory to other provisions of this Act, particularly those that guarantee speci^c rights to
women and de^ne speci^c roles and require speci^c conduct of state organs.
CHAPTER IV
SECTION 8. Human Rights of Women. — All rights in the Constitution and those rights
recognized under international instruments duly signed and rati^ed by the Philippines, in
consonance with Philippine law, shall be rights of women under this Act to be enjoyed without
discrimination.
SECTION 9. Protection from Violence. — The State shall ensure that all women shall be
protected from all forms of violence as provided for in existing laws. Agencies of government
shall give priority to the defense and protection of women against gender-based offenses and
help women attain justice and healing.
Towards this end, measures to prosecute and reform offenders shall likewise be pursued. (a)
Within the next ^ve (5) years, there shall be an incremental increase in the recruitment and
training of women in the police force, forensics and medico-legal, legal services, and social work
services availed of by women who are victims of gender-related offenses until ^fty percent (50%)
of the personnel thereof shall be women.
(b) Women shall have the right to protection and security in situations of armed confict and
militarization. Towards this end, they shall be protected from all forms of gender-based violence,
particularly rape and other forms of sexual abuse, and all forms of violence in situations of armed
confict. The State shall observe international standards for the protection of civilian population
in circumstances of emergency and armed confict. It shall not force women, especially
indigenous peoples, to abandon their lands, territories, and means of subsistence, or relocate
them in special centers for military purposes under any discriminatory condition.
(c) All government personnel involved in the protection and defense of women against
gender-based violence shall undergo a mandatory training on human rights and gender sensitivity
pursuant to this Act.
(d) All local government units shall establish a Violence Against Women’s Desk in every
barangay to ensure that violence against women cases are fully addressed in a gender-
responsive manner.
SECTION 10. Women Affected by Disasters, Calamities, and Other Crisis Situations. — Women
have the right to protection and security in times of disasters, calamities, and other crisis
situations especially in all phases of relief, recovery, rehabilitation, and construction efforts. The
State shall provide for immediate humanitarian assistance, allocation of resources, and early
resettlement, if necessary. It shall also address the particular needs of women from a gender
perspective to ensure their full protection from sexual exploitation and other sexual and gender-
based violence committed against them. Responses to disaster situations shall include the
provision of services, such as psychosocial support, livelihood support, education, psychological
health, and comprehensive health services, including protection during pregnancy.
SECTION 11. Participation and Representation. — The State shall undertake temporary special
measures to accelerate the participation and equitable representation of women in all spheres of
society particularly in the decision-making and policy-making processes in government and
private entities to fully realize their role as agents and bene^ciaries of development.
The State shall institute the following a5rmative action mechanisms so that women can
participate meaningfully in the formulation, implementation, and evaluation of policies, plans, and
programs for national, regional, and local development:
(a) Empowerment within the Civil Service. — Within the next ^ve (5) years, the number of
women in third (3rd) level positions in government shall be incrementally increased to achieve a
^fty-^fty (50-50) gender balance;
(b) Development Councils and Planning Bodies. — To ensure the participation of women in
all levels of development planning and program implementation, at least forty percent (40%) of
membership of all development councils from the regional, provincial, city, municipal and
barangay levels shall be composed of women;
(c) Other Policy and Decision-Making Bodies. — Women’s groups shall also be represented
in international, national, and local special and decision-making bodies;
(d) International Bodies. — The State shall take all appropriate measures to ensure the
opportunity of women, on equal terms with men and without any discrimination, to represent their
governments at the international level and to participate in the work of international
organizations;
(e) Integration of Women in Political Parties. — The State shall provide incentives to political
parties with women’s agenda. It shall likewise encourage the integration of women in their
leadership hierarchy, internal policy-making structures, appointive, and electoral nominating
processes; and
(f) Private Sector. — The State shall take measures to encourage women leadership in the
private sector in the form of incentives.
SECTION 12. Equal Treatment Before the Law. — The State shall take steps to review and,
when necessary, amend and/or repeal existing laws that are discriminatory to women within
three (3) years from the effectivity of this Act.
SECTION 13. Equal Access and Elimination of Discrimination in Education, Scholarships, and
Training. — (a) The State shall ensure that gender stereotypes and images in educational
materials and curricula are adequately and appropriately revised. Gender-sensitive language shall
be used at all times. Capacity-building on gender and development (GAD), peace and human
rights, education for teachers, and all those involved in the education sector shall be pursued
toward this end. Partnerships between and among players of the education sector, including the
private sector, churches, and faith groups shall be encouraged.
(b) Enrollment of women in nontraditional skills training in vocational and tertiary levels shall
be encouraged.
(c) Expulsion and non-readmission of women faculty due to pregnancy outside of marriage
shall be outlawed. No school shall turn out or refuse admission to a female student solely on the
account of her having contracted pregnancy outside of marriage during her term in school.
SECTION 14. Women in Sports. — The State shall develop, establish, and strengthen programs
for the participation of women and girl-children in competitive and noncompetitive sports as a
means to achieve excellence, promote physical and social well-being, eliminate gender-role
stereotyping, and provide equal access to the full bene^ts of development for all persons
regardless of sex, gender identity, and other similar factors.
For this purpose, all sports-related organizations shall create guidelines that will establish and
integrate a5rmative action as a strategy and gender equality as a framework in planning and
implementing their policies, budgets, programs, and activities relating to the participation of
women and girls in sports.
The State will also provide material and nonmaterial incentives to local government units, media
organizations, and the private sector for promoting, training, and preparing women and girls for
participation in competitive and noncompetitive sports, especially in local and international
events, including, but not limited to, the Palarong Pambansa, Southeast Asian Games, Asian
Games, and the Olympics.
No sports event or tournament will offer or award a different sports prize, with respect to its
amount or value, to women and men winners in the same sports category: Provided, That the
said tournament, contest, race, match, event, or game is open to both sexes: Provided, further,
That the sports event or tournament is divided into male or female divisions.
The State shall also ensure the safety and well-being of all women and girls participating in
sports, especially, but not limited to, trainees, reserve members, members, coaches, and mentors
of national sports teams, whether in studying, training, or performance phases, by providing them
comprehensive health and medical insurance coverage, as well as integrated medical, nutritional,
and healthcare services.
Schools, colleges, universities, or any other learning institution shall take into account its total
women student population in granting athletic scholarship. There shall be a pro rata
representation of women in the athletic scholarship program based on the percentage of women
in the whole student population.
SECTION 15. Women in the Military. — The State shall pursue appropriate measures to
eliminate discrimination of women in the military, police, and other similar services, including
revising or abolishing policies and practices that restrict women from availing of both combat
and noncombat training that are open to men, or from taking on functions other than
administrative tasks, such as engaging in combat, security-related, or ^eld operations. Women in
the military shall be accorded the same promotional privileges and opportunities as men,
including pay increases, additional remunerations and bene^ts, and awards based on their
competency and quality of performance. Towards this end, the State shall ensure that the
personal dignity of women shall always be respected.
Women in the military, police, and other similar services shall be provided with the same right to
employment as men on equal conditions. Equally, they shall be accorded the same capacity as
men to act in and enter into contracts, including marriage.
Further, women in the military, police, and other similar services shall be entitled to leave bene^ts
such as maternity leave, as provided for by existing laws.
SECTION 16. Nondiscriminatory and Nonderogatory Portrayal of Women in Media and Film. —
The State shall formulate policies and programs for the advancement of women in collaboration
with government and nongovernment media-related organizations. It shall likewise endeavor to
raise the consciousness of the general public in recognizing the dignity of women and the role
and contribution of women in the family, community, and the society through the strategic use of
mass media.
For this purpose, the State shall ensure allocation of space, airtime, and resources, strengthen
programming, production, and image-making that appropriately present women’s needs, issues,
and concerns in all forms of media, communication, information dissemination, and advertising.
The State, in cooperation with all schools of journalism, information, and communication, as well
as the national media federations and associations, shall require all media organizations and
corporations to integrate into their human resource development components regular training on
gender equality and gender-based discrimination, create and use gender equality guidelines in all
aspects of management, training, production, information, dissemination, communication, and
programming; and convene a gender equality committee that will promote gender mainstreaming
as a framework and a5rmative action as a strategy, and monitor and evaluate the
implementation of gender equality guidelines.
SECTION 17. Women’s Right to Health. — (a) Comprehensive Health Services. — The State
shall, at all times, provide for a comprehensive, culture-sensitive, and gender-responsive health
services and programs covering all stages of a woman’s life cycle and which addresses the major
causes of women’s mortality and morbidity: Provided, That in the provision for comprehensive
health services, due respect shall be accorded to women’s religious convictions, the rights of the
spouses to found a family in accordance with their religious convictions, and the demands of
responsible parenthood, and the right of women to protection from hazardous drugs, devices,
interventions, and substances.
(1) Maternal care to include pre- and post-natal services to address pregnancy and infant
health and nutrition;
(3) Responsible, ethical, legal, safe, and effective methods of family planning;
(4) Family and State collaboration in youth sexuality education and health services without
prejudice to the primary right and duty of parents to educate their children;
(6) Prevention and management of reproductive tract cancers like breast and cervical
cancers, and other gynecological conditions and disorders;
(7) Prevention of abortion and management of pregnancy-related complications;
(8) In cases of violence against women and children, women and children victims and
survivors shall be provided with comprehensive health services that include psychosocial,
therapeutic, medical, and legal interventions and assistance towards healing, recovery, and
empowerment;
(9) Prevention and management of infertility and sexual dysfunction pursuant to ethical
norms and medical standards;
(10) Care of the elderly women beyond their child-bearing years; and
(11) Management, treatment, and intervention of mental health problems of women and girls.
In addition, healthy lifestyle activities are encouraged and promoted through programs and
projects as strategies in the prevention of diseases.
(b) Comprehensive Health Information and Education. — The State shall provide women in
all sectors with appropriate, timely, complete, and accurate information and education on all the
above-stated aspects of women’s health in government education and training programs, with
due regard to the following:
(1) The natural and primary right and duty of parents in the rearing of the youth and the
development of moral character and the right of children to be brought up in an atmosphere of
morality and rectitude for the enrichment and strengthening of character;
(2) The formation of a person’s sexuality that a5rms human dignity; and
(3) Ethical, legal, safe, and effective family planning methods including fertility awareness.
SECTION 18. Special Leave Bene^ts for Women. — A woman employee having rendered
continuous aggregate employment service of at least six (6) months for the last twelve (12)
months shall be entitled to a special leave bene^t of two (2) months with full pay based on her
gross monthly compensation following surgery caused by gynecological disorders.
SECTION 19. Equal Rights in All Matters Relating to Marriage and Family Relations. — The
State shall take all appropriate measures to eliminate discrimination against women in all
matters relating to marriage and family relations and shall ensure:
(a) the same rights to enter into and leave marriages or common law relationships referred
to under the Family Code without prejudice to personal or religious beliefs;
(b) the same rights to choose freely a spouse and to enter into marriage only with their free
and full consent. The betrothal and the marriage of a child shall have no legal effect;
(c) the joint decision on the number and spacing of their children and to have access to the
information, education and means to enable them to exercise these rights;
(d) the same personal rights between spouses or common law spouses including the right
to choose freely a profession and an occupation;
(e) the same rights for both spouses or common law spouses in respect of the ownership,
acquisition, management, administration, enjoyment, and disposition of property;
(f) the same rights to properties and resources, whether titled or not, and inheritance,
whether formal or customary; and
(g) women shall have equal rights with men to acquire, change, or retain their nationality.
The State shall ensure in particular that neither marriage to an alien nor change of nationality by
the husband during marriage shall automatically change the nationality of the wife, render her
stateless or force upon her the nationality of the husband. Various statutes of other countries
concerning dual citizenship that may be enjoyed equally by women and men shall likewise be
considered.
Customary laws shall be respected: Provided, however, that they do not discriminate against
women.
CHAPTER V
SECTION 20. Food Security and Productive Resources. — The State recognizes the
contribution of women to food production and shall ensure its sustainability and su5ciency with
the active participation of women. Towards this end, the State shall guarantee, at all times, the
availability in the market of safe and health-giving food to satisfy the dietary needs of the
population, giving particular attention to the speci^c needs of poor girl-children and marginalized
women, especially pregnant and lactating mothers and their young children. To further address
this, the State shall ensure:
(a) Right to Food. — The State shall guarantee the availability of food in quantity and quality
su5cient to satisfy the dietary needs of individuals, the physical and economic accessibility for
everyone to adequate food that is culturally acceptable and free from unsafe substances and
culturally accepted, and the accurate and substantial information to the availability of food,
including the right to full, accurate, and truthful information about safe and health-giving foods
and how to produce and have regular and easy access to them;
(b) Right to Resources for Food Production. — The State shall guarantee women a vital role
in food production by giving priority to their rights to land, credit, and infrastructure support,
technical training, and technological and marketing assistance. The State shall promote women-
friendly technology as a high priority activity in agriculture and shall promote the right to
adequate food by proactively engaging in activities intended to strengthen access to, utilization
of, and receipt of accurate and substantial information on resources and means to ensure
women’s livelihood, including food security:
(1) Equal status shall be given to women and men, whether married or not, in the titling of
the land and issuance of stewardship contracts and patents;
(2) Equal treatment shall be given to women and men bene^ciaries of the agrarian reform
program, wherein the vested right of a woman agrarian reform bene^ciary is de^ned by a
woman’s relationship to tillage, i.e., her direct and indirect contribution to the development of the
land;
(3) Customary rights of women to the land, including access to and control of the fruits and
bene^ts, shall be recognized in circumstances where private ownership is not possible, such as
ancestral domain claims;
(4) Information and assistance in claiming rights to the land shall be made available to
women at all times;
(5) Equal rights to women to the enjoyment, use, and management of land, water, and other
natural resources within their communities or ancestral domains;
(6) Equal access to the use and management of ^sheries and aquatic resources, and all the
rights and bene^ts accruing to stakeholders in the ^shing industry;
(7) Equal status shall be given to women and men in the issuance of stewardship or lease
agreements and other ^shery rights that may be granted for the use and management of coastal
and aquatic resources. In the same manner, women’s organizations shall be given equal
treatment as with other marginalized ^shers organizations in the issuance of stewardship or
lease agreements or other ^shery rights for the use and management of such coastal and
aquatic resources which may include providing support to women-engaged coastal resources;
(8) There shall be no discrimination against women in the deputization of ^sh wardens;
(10) Access to small farmer-based and controlled seeds production and distribution shall be
ensured and protected;
(11) Indigenous practices of women in seed storage and cultivation shall be recognized,
encouraged, and protected;
(12) Equal rights shall be given to women to be members of farmers’ organizations to ensure
wider access to and control of the means of production;
(13) Provide opportunities for empowering women ^shers to be involved in the control and
management, not only of the catch and production of aquamarine resources but also, to engage
in entrepreneurial activities which will add value to production and marketing ventures; and
(14) Provide economic opportunities for the indigenous women, particularly access to market
for their produce.
In the enforcement of the foregoing, the requirements of law shall be observed at all times.
SECTION 21. Right to Housing. — The State shall develop housing programs for women that
are localized, simple, accessible, with potable water, and electricity, secure, with viable
employment opportunities and affordable amortization. In this regard, the State shall consult
women and involve them in community planning and development, especially in matters
pertaining to land use, zoning, and relocation.
SECTION 22. Right to Decent Work. — The State shall progressively realize and ensure decent
work standards for women that involve the creation of jobs of acceptable quality in conditions of
freedom, equity, security, and human dignity.
(a) Decent work involves opportunities for work that are productive and fairly remunerative
as family living wage, security in the workplace, and social protection for families, better
prospects for personal development and social integration, freedom for people to express their
concerns, organize, participate in the decisions that affect their lives, and equality of opportunity
and treatment for all women and men.
(1) Support services and gears to protect them from occupational and health hazards taking
into account women’s maternal functions;
(2) Support services that will enable women to balance their family obligations and work
responsibilities including, but not limited to, the establishment of day care centers and breast-
feeding stations at the workplace, and providing maternity leave pursuant to the Labor Code and
other pertinent laws;
(4) Respect for the observance of indigenous peoples’ cultural practices even in the
workplace.
(c) In recognition of the temporary nature of overseas work, the State shall exert all efforts
to address the causes of out-migration by developing local employment and other economic
opportunities for women and by introducing measures to curb violence and forced and
involuntary displacement of local women. The State shall ensure the protection and promotion of
the rights and welfare of migrant women regardless of their work status, and protect them
against discrimination in wages, conditions of work, and employment opportunities in host
countries.
SECTION 23. Right to Livelihood, Credit, Capital, and Technology. — The State shall ensure that
women are provided with the following:
(b) Equal share to the produce of farms and aquatic resources; and
(c) Employment opportunities for returning women migrant workers taking into account
their skills and quali^cations. Corollarily, the State shall also promote skills and entrepreneurship
development of returning women migrant workers.
SECTION 24. Right to Education and Training. — The State shall ensure the following:
(a) Women migrant workers have the opportunity to undergo skills training, if they so desire,
before taking on a foreign job, and possible retraining upon return to the country;
(b) Gender-sensitive training and seminars; and
(c) Equal opportunities in scholarships based on merit and ^tness, especially to those
interested in research and development aimed towards women-friendly farm technology.
SECTION 25. Right to Representation and Participation. — The State shall ensure women’s
participation in policy-making or decision-making bodies in the regional, national, and
international levels. It shall also ensure the participation of grassroots women leaders in decision
and policy-making bodies in their respective sectors including, but not limited to, the Presidential
Agrarian Reform Council (PARC) and its local counterparts; community-based resource
management bodies or mechanisms on forest management and stewardship; the National
Fisheries and Aquatic Resources Management Council (NFARMC) and its local counterparts; the
National Commission on Indigenous Peoples; the Presidential Commission for the Urban Poor;
the National Anti-Poverty Commission; and, where applicable, the local housing boards.
(a) The Social Security System (SSS) and the Philippine Health Insurance Corporation
(PhilHealth) shall support indigenous and community-based social protection schemes.
(b) The State shall institute policies and programs that seek to reduce the poverty and
vulnerability to risks and enhance the social status and rights of the marginalized women by
promoting and protecting livelihood and employment, protecting against hazards and sudden
loss of income, and improving people’s capacity to manage risks.
(c) The State shall endeavor to reduce and eventually eliminate transfer costs of
remittances from abroad through appropriate bilateral and multilateral agreements. It shall
likewise provide access to investment opportunities for remittances in line with national
development efforts.
(d) The State shall establish a health insurance program for senior citizens and indigents.
(e) The State shall support women with disabilities on a community-based social protection
scheme.
SECTION 28. Recognition and Preservation of Cultural Identity and Integrity. — The State shall
recognize and respect the rights of Moro and indigenous women to practice, promote, protect,
and preserve their own culture, traditions, and institutions and to consider these rights in the
formulation and implementation of national policies and programs. To this end, the State shall
adopt measures in consultation with the sectors concerned to protect their rights to their
indigenous knowledge systems and practices, traditional livelihood, and other manifestations of
their cultures and ways of life: Provided, That these cultural systems and practices are not
discriminatory to women.
SECTION 29. Peace and Development. — The peace process shall be pursued with the
following considerations:
(a) Increase the number of women participating in discussions and decision-making in the
peace process, including membership in peace panels recognizing women’s role in confict-
prevention and peace-making and in indigenous system of confict resolution;
(b) Ensure the development and inclusion of women’s welfare and concerns in the peace
agenda in the overall peace strategy and women’s participation in the planning, implementation,
monitoring, and evaluation of rehabilitation and rebuilding of confict-affected areas;
(d) Include the peace perspective in the education curriculum and other educational
undertakings; and
(e) The recognition and support for women’s role in confict-prevention, management,
resolution and peacemaking, and in indigenous systems of confict resolution.
SECTION 30. Women in Especially Di5cult Circumstances. — For purposes of this Act,
“Women in Especially Di5cult Circumstances” (WEDC) shall refer to victims and survivors of
sexual and physical abuse, illegal recruitment, prostitution, tra5cking, armed confict, women in
detention, victims and survivors of rape and incest, and such other related circumstances which
have incapacitated them functionally. Local government units are therefore mandated to deliver
the necessary services and interventions to WEDC under their respective jurisdictions.
SECTION 31. Services and Interventions. — WEDC shall be provided with services and
interventions as necessary such as, but not limited to, the following:
(d) Counseling;
SECTION 32. Protection of Girl-Children. — (a) The State shall pursue measures to eliminate
all forms of discrimination against girl-children in education, health and nutrition, and skills
development.
(b) Girl-children shall be protected from all forms of abuse and exploitation.
(c) Equal access of Moro and indigenous girl-children in the Madaris, schools of living
culture and traditions, and the regular schools shall be ensured.
(d) Gender-sensitive curriculum, including legal literacy, books, and curriculum in the
Madaris and schools of living culture and traditions shall be developed.
(e) Sensitivity of regular schools to particular Moro and indigenous practices, such as
fasting in the month of Ramadan, choice of clothing (including the wearing of hijab), and
availability of halal food shall be ensured.
SECTION 33. Protection of Senior Citizens. — The State shall protect women senior citizens
from neglect, abandonment, domestic violence, abuse, exploitation, and discrimination. Towards
this end, the State shall ensure special protective mechanisms and support services against
violence, sexual abuse, exploitation, and discrimination of older women.
SECTION 34. Women are entitled to the recognition and protection of their rights de^ned and
guaranteed under this Act including their right to nondiscrimination.
SECTION 35. Discrimination Against Women is Prohibited. — Public and private entities and
individuals found to have committed discrimination against women shall be subject to the
sanctions provided in Section 41 hereof. Violations of other rights of women shall be subject to
sanctions under pertinent laws and regulations.
CHAPTER VI
Institutional Mechanisms
SECTION 36. Gender Mainstreaming as a Strategy for Implementing the Magna Carta of
Women. — Within a period prescribed in the implementing rules and regulations, the National
Commission on the Role of Filipino Women (NCRFW) shall assess its gender mainstreaming
program for consistency with the standards under this Act. It shall modify the program
accordingly to ensure that it will be an effective strategy for implementing this Act and attaining
its objectives.
All departments, including their attached agencies, o5ces, bureaus, state universities and
colleges, government-owned and -controlled corporations, local government units, and other
government instrumentalities shall adopt gender mainstreaming as a strategy to promote
women’s human rights and eliminate gender discrimination in their systems, structures, policies,
programs, processes, and procedures which shall include, but not limited to, the following:
(a) Planning, budgeting, monitoring and evaluation for GAD. GAD programs addressing
gender issues and concerns shall be designed and implemented based on the mandate of
government agencies and local government units, Republic Act No. 7192, gender equality agenda
of the government and other GAD-related legislation, policies, and commitments. The
development of GAD programs shall proceed from the conduct of a gender audit of the agency or
the local government unit and a gender analysis of its policies, programs, services and the
situation of its clientele; the generation and review of sex-disaggregated data; and consultation
with gender/women’s rights advocates and agency/women clientele. The cost of implementing
GAD programs shall be the agency’s or the local government unit’s GAD budget which shall be at
least ^ve percent (5%) of the agency’s or the local government unit’s total budget appropriations.
Pursuant to Republic Act No. 7192, otherwise known as the Women in Development and Nation
Building Act, which allocates ^ve percent (5%) to thirty percent (30%) of overseas development
assistance to GAD, government agencies receiving o5cial development assistance should
ensure the allocation and proper utilization of such funds to gender-responsive programs that
complement the government GAD funds and annually report accomplishments thereof to the
National Economic and Development Authority (NEDA) and the Philippine Commission on
Women (PCW).
The utilization and outcome of the GAD budget shall be annually monitored and evaluated in
terms of its success in infuencing the gender-responsive implementation of agency programs
funded by the remaining ninety-^ve percent (95%) budget.
The Commission on Audit (COA) shall conduct an annual audit on the use of the GAD budget for
the purpose of determining its judicious use and the e5ciency, and effectiveness of interventions
in addressing gender issues towards the realization of the objectives of the country’s
commitments, plans, and policies on women empowerment, gender equality, and GAD.
Local government units are also encouraged to develop and pass a GAD Code based on the
gender issues and concerns in their respective localities based on consultation with their women
constituents and the women’s empowerment and gender equality agenda of the government. The
GAD Code shall also serve as basis for identifying programs, activities, and projects on GAD.
Where needed, temporary gender equity measures shall be provided for in the plans of all
departments, including their attached agencies, o5ces, bureaus, state universities and colleges,
government-owned and -controlled corporations, local government units, and other government
instrumentalities.
(1) Macro socioeconomic plans such as the Medium-Term Philippine Development Plan and
Medium-Term Philippine Investment Plan;
(2) Annual plans of all departments, including their attached agencies, o5ces, bureaus, state
universities and colleges, and government-owned and -controlled corporations; and
(b) Creation and/or Strengthening of the GAD Focal Points (GFP). All departments, including
their attached agencies, o5ces, bureaus, state universities and colleges, government-owned and
-controlled corporations, local government units, and other government instrumentalities shall
establish or strengthen their GAD Focal Point System or similar GAD mechanism to catalyze and
accelerate gender mainstreaming within the agency or local government unit.
The GAD Focal Point System shall be composed of the agency head or local chief executive, an
executive committee with an Undersecretary (or its equivalent), local government unit o5cial, or
o5ce in a strategic decision-making position as Chair; and a technical working group or
secretariat which is composed of representatives from various divisions or o5ces within the
agency or local government unit.
The tasks and functions of the members of the GFP shall form part of their regular key result
areas and shall be given due consideration in their performance evaluation.
(c) Generation and Maintenance of GAD Database. All departments, including their attached
agencies, o5ces, bureaus, state universities and colleges, government-owned and -controlled
corporations, local government units, and other government instrumentalities shall develop and
maintain a GAD database containing gender statistics and sex-disaggregated data that have
been systematically gathered, regularly updated, and subjected to gender analysis for planning,
programming, and policy formulation.
SECTION 37. Gender Focal Point O5cer in Philippine Embassies and Consulates. — An o5cer
duly trained on GAD shall be designated as the gender focal point in the consular section of
Philippine embassies or consulates. Said o5cer shall be primarily responsible in handling gender
concerns of women migrant workers. Attached agencies shall cooperate in strengthening the
Philippine foreign posts’ programs for the delivery of services to women migrant workers.
SECTION 38. National Commission on the Role of Filipino Women (NCRFW). — The National
Commission on the Role of Filipino Women (NCRFW) shall be renamed as the Philippine
Commission on Women (PCW), the primary policy-making and coordinating body of the women
and gender equality concerns under the O5ce of the President. The PCW shall be the overall
monitoring body and oversight to ensure the implementation of this Act. In doing so, the PCW
may direct any government agency and instrumentality, as may be necessary, to report on the
implementation of this Act and for them to immediately respond to the problems brought to their
attention in relation to this Act. The PCW shall also lead in ensuring that government agencies
are capacitated on the effective implementation of this Act. The chairperson shall likewise report
to the President in Cabinet meetings on the implementation of this Act.
To the extent possible, the PCW shall infuence the systems, processes, and procedures of the
executive, legislative, and judicial branches of government vis-à-vis GAD to ensure the
implementation of this Act.
To effectively and e5ciently undertake and accomplish its functions, the PCW shall revise its
structure and sta5ng pattern with the assistance of the Department of Budget and Management.
SECTION 39. Commission on Human Rights (CHR). — The Commission, acting as the Gender
and Development Ombud, consistent with its mandate, shall undertake measures such as the
following:
(a) Monitor with the PCW and other state agencies, among others, in developing indicators
and guidelines to comply with their duties related to the human rights of women, including their
right to nondiscrimination guaranteed under this Act;
(b) Designate one (1) commissioner and/or its Women’s Human Rights Center to be
primarily responsible for formulating and implementing programs and activities related to the
promotion and protection of the human rights of women, including the investigations and
complaints of discrimination and violations of their rights brought under this Act and related laws
and regulations;
(c) Establish guidelines and mechanisms, among others, that will facilitate access of
women to legal remedies under this Act and related laws, and enhance the protection and
promotion of the rights of women, especially marginalized women;
(d) Assist in the ^ling of cases against individuals, agencies, institutions, or establishments
that violate the provisions of this Act; and
(e) Recommend to the President of the Philippines or the Civil Service Commission any
possible administrative action based on noncompliance or failure to implement the provisions of
this Act.
SECTION 40. Monitoring Progress and Implementation and Impact of this Act. — The PCW, in
coordination with other state agencies and the CHR, shall submit to Congress regular reports on
the progress of the implementation of this Act highlighting the impact thereof on the status and
human rights of women: Provided, That the second report shall include an assessment of the
effectiveness of this Act and recommend amendments to improve its provisions: Provided, ^nally,
That these reports shall be submitted to Congress every three (3) years or as determined in the
implementing rules and regulations.
SECTION 41. Penalties. — Upon ^nding of the CHR that a department, agency, or
instrumentality of government, government-owned and -controlled corporation, or local
government unit has violated any provision of this Act and its implementing rules and regulations,
the sanctions under administrative law, civil service, or other appropriate laws shall be
recommended to the Civil Service Commission and/or the Department of the Interior and Local
Government. The person directly responsible for the violation as well as the head of the agency or
local chief executive shall be held liable under this Act.
If the violation is committed by a private entity or individual, the person directly responsible for
the violation shall be liable to pay damages.
Filing a complaint under this Act shall not preclude the offended party from pursuing other
remedies available under the law and to invoke any of the provisions of existing laws especially
those recently enacted laws protecting women and children, including the Women in
Development and Nation Building Act (Republic Act No. 7192), the Special Protection of Children
Against Child Abuse, Exploitation and Discrimination Act (Republic Act No. 7610), the Anti-Sexual
Harassment Act of 1995 (Republic Act No. 7877), the Anti-Rape Law of 1997 (Republic Act No.
8353), the Rape Victim Assistance and Protection Act of 1998 (Republic Act No. 8505), the Anti-
Tra5cking in Persons Act of 2003 (Republic Act No. 9208) and the Anti-Violence Against Women
and Their Children Act of 2004 (Republic Act No. 9262). If violence has been proven to be
perpetrated by agents of the State including, but not limited to, extrajudicial killings, enforced
disappearances, torture, and internal displacements, such shall be considered aggravating
offenses with corresponding penalties depending on the severity of the offenses.
SECTION 42. Incentives and Awards. — There shall be established an incentives and awards
system which shall be administered by a board under such rules and regulations as may be
promulgated by the PCW to deserving entities, government agencies, and local government units
for their outstanding performance in upholding the rights of women and effective implementation
of gender-responsive programs.
SECTION 43. Funding. — The initial funding requirements for the implementation of this Act
shall be charged against the current appropriations of the agencies concerned. Thereafter, such
sums as may be necessary for the implementation of this Act shall be included in the agencies’
yearly budgets under the General Appropriations Act.
The State shall prioritize allocation of all available resources to effectively ful^ll its obligations
speci^ed under this Act. The State agencies GAD budgets, which shall be at least ^ve percent
(5%) of their total budgetary allocation, shall also be utilized for the programs and activities to
implement this Act.
SECTION 44. Implementing Rules and Regulations. — As the lead agency, the PCW shall, in
coordination with the Commission on Human Rights and all concerned government departments
and agencies including, as observers, both Houses of Congress through the Committee on Youth,
Women and Family Relations (Senate) and the Committee on Women and Gender Equality
(House of Representatives) and with the participation of representatives from nongovernment
organizations (NGOs) and civil society groups with proven track record of involvement and
promotion of the rights and welfare of Filipino women and girls identi^ed by the PCW, formulate
the implementing rules and regulations (IRR) of this Act within one hundred eighty (180) days
after its effectivity.
SECTION 45. Separability Clause. — If any provision or part hereof is held invalid or
unconstitutional, the remainder of the law or the provisions not otherwise affected shall remain
valid and subsisting.
SECTION 46. Repealing Clause. — Any law, presidential decree or issuance, executive order,
letter of instruction, administrative order, rule, or regulation contrary to, or inconsistent with, the
provisions of this Act is hereby repealed, modi^ed, or amended accordingly.
SECTION 47. Effectivity Clause. — This Act shall take effect ^fteen (15) days after its
publication in at least two (2) newspapers of general circulation.
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