PHILIPPINE FEDERATION OF LOCAL COUNCILS OF

WOMEN (PFLCW, INC.)

7
th
GENERAL ASSEMBLY
Dipolog City
Nov. 18-21, 2009

Women's Rights are Human Rights:
Magna Carta of Women RA
9710


A presentation by
Atty. Evelyn S. Dunuan,
Commissioner for Indigenous Peoples, NCRFW



Salient Features of R. A. 9710:
MAGNA CARTA OF WOMEN
National Commission on the Role of Filipino Women
(NCRFW)
The Philippine Machinery for the Advancement of Women
1145 J.P. Laurel St., San Miguel, Manila
www.ncrfw.gov.ph
Outline of Presentation:

MCWs Herstory

Salient Features of the MCW
Original version of the MCW was
entitled Magna Carta for Rural
Workers, filed in the 12
th
Congress
(2001-2004).
13
th
Congress (2004-2007) re-
filing of bill on Magna Carta for
Rural Workers; eventually revised
as proposed Magna Carta for
Women; principal author-Rep.
Josefina Joson

Background:
14
th
Congress (2007-2010)- re-filing of bill
Formation of the Study and Action Core
Group (SACG), composed of PILIPINA as
convenor, other women's NGOs and POs,
NCRFW, staff from the Supreme Court, and
staffs of legislators , to study how the
proposed Magna Carta for Women can be
further strengthened and improved as a
national translation of CEDAW
Thus, the incorporation of the essential
provisions of CEDAW that eliminate
discrimination against women and promote
women's human rights.
Magna Carta OF Women
Significance of the preposition of:
To show ownership of the law by
women from all walks of life
marginalized sectors, professionals,
academe, business sector, NGOs,
including those in government, who
all hoped, worked and lobbied for
the passage of the MCW.

SIGNIFICANT DATES
December 10, 2008 (HOR); February 2, 2009
(Senate) - Approval on Third Reading
March 3, 2009 - Bicameral Conference Committee
Meeting

March 5 - Senate approved the Bicameral
Conference Committee Report

March 13 - Senate recalled the Bicam Report,
reconstituted Bicam panel, which approved the
inclusion of the word ethical in the provision on
responsible, legal, safe and effective methods of
family planning under the Section on
Comprehensive Health Services
The Bicameral Conference Committee
Report of the Magna Carta of Women was
approved in plenary by the Senate and the
House of Representatives on May 19 and
20, 2009 respectively.
12 out of the 24 senators were
proponents to the bicameral report
submitted.
15 percent or 41 representatives out of
267 members of the lower congress
were proponents to the Magna Carta of
Women bill.

PGMA signed the MCW into law in
Malacaan Palace on August 14,
2009.
Effectivity15 days after
publication in at least two
newspapers of general circulation.
Magna Carta of Women is
numbered R.A.9710.



Coverage:
I. General Provisions
II. Definition of Terms
III. Duties Related to the Human Rights of
Women
IV. Rights and Empowerment
V. Rights and Empowerment of
Marginalized Sectors
VI. Institutional Mechanisms
Salient Features of the MCW:
Chapter I: General Provisions
Declaration of Policy
Affirms the role of women in nation building
Ensures the substantive equality of women and
men;
Condemns discrimination against women, in
keeping with CEDAW and other International
Instruments, consistent with Philippine Law;
Affirms womens rights as human rights;
Provides for the intensification of efforts to fulfill
its duties under international and domestic law
to recognize, respect, protect, fulfill and promote
womens rights and freedom, especially
marginalized women, in all fields
Reaffirms the right of women to participate in
policy formulation, planning, organization,
implementation, management monitoring, and
evaluation of all policies, programs and services
that affect them


Chapter I: General Provisions
Principles of Human Rights of Women
Universal and Inalienable: all human beings are
free and equal in dignity and rights;
Indivisible: inherent to the dignity of every
human being whether in civil, cultural, economic,
political or social issues;
Interdependent and interrelated: the fulfillment of
one right often depends, wholly or in part upon
the fulfillment of others;
All individuals are equal as human beings by
virtue of the inherent dignity of each human
person
Rights-based approach principles

Chapter II: Definition of Terms
Defines Discrimination Against Women in
accordance with the Convention on the Elimination
of All Forms of Discrimination Against Women
(CEDAW).
Discrimination Against Women also include:
any act or omission that directly or indirectly excludes or
restricts women in the recognition and promotion of their
rights and their access to and enjoyment of opportunities,
benefits, or privileges

measures or practices of general application that fail to
provide for mechanisms to offset or address sex or
gender-based disadvantages or limitations of women, as a
result of which women are denied or restricted in the
recognition and protection of their rights

measures or practices of general application which
resulted to greater adverse effects to women, more than
men


Chapter II: Definition of Terms
Defines marginalized sector to include women
in the following sectors and 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


Chapter II: Definition of Terms
Defines the following terms:
Substantive Equality
Gender Equality
Gender Equity
Gender and Development (GAD)
Gender Mainstreaming
Temporary Special Measures
Violence Against Women (VAW)
Women in the Military
Social Protection

Chapter III: Duties Related to the
Human Rights of Women
Provides that the State, private sector, society in
general, and all individuals shall contribute to the
recognition, respect and promotion of the rights of
women defined and guaranteed under the Act.

The Chapter also includes the following sections:
The State as the Primary Duty-Bearer
Duties of the State Agencies and Instrumentalities
Suppletory Effect

Chapter IV: Rights and Empowerment
Human Rights of Women include all rights in
the Constitution and those rights recognized
under international instruments duly signed
and ratified by the Philippines, in consonance
with Philippine law, which shall be enjoyed
without discrimination
Chapter IV: Rights and Empowerment
Right to Protection from Violence
Incremental increase in the recruitment and
training of women in fields that provide services
for women victims of gender-related offenses
Protection and security in situations of armed
conflict and militarization
Mandatory human rights and gender-sensitivity
training for all government personnel involved in
the protection and defense of women against
gender-based violence
Establishment of VAW Desk in every barangay
Chapter IV: Rights and Empowerment
Right to protection and security in times of
disasters, calamities, and other crisis
situations
Right to participation and representation:
includes undertaking temporary special
measures and affirmative actions to
accelerate and ensure womens equitable
participation and representation in third level
civil service, development councils and
planning bodies, international bodies, political
parties, private sector, and other policy and
decision-making bodies.

Chapter IV: Rights and Empowerment
Right to equal treatment before the
law requires review and, if
necessary, amendment or repeal of
laws that are discriminatory to women
within three (3) years from the
effectivity of the MCW
Chapter IV: Rights and Empowerment
Right to equal access and elimination of
discrimination in education, scholarships, and
training:
Use of gender-sensitive language and revision of
gender stereotypes and images in educational
materials and curricula
Encouraging enrollment of women in non-traditional
skills training in vocational and tertiary levels
Outlawing the expulsion and non-readmission of
women faculty due to pregnancy outside of marriage
Prohibiting schools from turning out or refusing
admission to a female student solely on the account of
her having contracted pregnancy outside of marriage
during her term in school.

Chapter IV: Rights and Empowerment
Participation of women and girls in sports

Elimination of discrimination against women in
the military, police and other similar services

Non-discriminatory and non-derogatory
portrayal of women in media and film
Chapter IV: Rights and Empowerment
Right to Health
A. Comprehensive Health Services ensures access
to the following services:
Maternal care to include pre and post natal services to
address pregnancy and infant health and nutrition
Promotion of breastfeeding
Responsible, legal, safe and effective methods of family
planning
Family and State collaboration in youth sexuality education
and health services
Chapter IV: Rights and Empowerment
Right to Health
A. Comprehensive Health Services ensures access
to the following services:
Prevention and management of RTI, STD and HIV/AIDS
Prevention and management of reproductive tract cancers
and other gynecological conditions and disorders
Prevention of abortion and management of pregnancy-
related complications
Chapter IV: Rights and Empowerment
Right to Health
A. Comprehensive Health Services ensures access
to the following services:
Services for survivors of VAW
Prevention and management of infertility and sexual
dysfunction pursuant to ethical norms and standards
Care of the elderly women beyond their child-bearing years
Management, treatment and intervention of mental health
problems or women and girls
Promotion of healthy lifestyle activities
Chapter IV: Rights and Empowerment
Right to Health
B. Comprehensive health information and education
on all aspects of womens health referred to in para.
A, for women in all sectors, with due regard to:
Natural and primary right and duty of parents in rearing the
youth
Formation of a persons sexuality that affirms human dignity
Legal, ethical, safe and effective family planning methods
including fertility awareness
Chapter IV: Rights and Empowerment
Special leave benefit of 2 months with full pay
following surgery caused by gynecological
disorders

Equal rights in all matters relating to marriage and
family relations

Chapter V: Rights and Empowerment
of Marginalized Sectors
Right to Food Security and Productive
Resources
Right to Housing
Right to Decent Work
Right to Livelihood, Credit, Capital, and
Technology
Right to education and Training
Right to Representation and Participation
Right to Information
Social Protection
Chapter V: Rights and Empowerment
of Marginalized Sectors
Recognition and Preservation of Cultural Identity and
Integrity
Peace and Development
Participation in discussions and decision-making in the peace
process
Inclusion of womens concerns in the peace agenda
Consideration for the specific needs of women and girls in the
protection of civilians in conflict-affected communities
Inclusion of peace perspective in education curriculum
Recognition and support for womens role in conflict-preventions,
management and resolution and peacemaking, and in
indigenous systems of conflict resolution
Chapter V: Rights and Empowerment
of Marginalized Sectors
Services and Interventions for women in
especially difficult circumstances
Protection of Girl-Children
Protection of Senior Citizens
Recognition and protection of womens rights
defined under the MCW, including right to non-
discrimination
Prohibition of discrimination against women
Chapter VI: Institutional Mechanisms
Gender Mainstreaming as a strategy to
implement the Magna Carta of Women
Assessment and if necessary, modification of the
gender mainstreaming program to ensure that it will
be an effective strategy for implementing the MCW
GAD planning, budgeting, monitoring and evaluation
COAs conduct of annual audit on the use of the
GAD budget
Creation/strengthening of GAD Focal Points
Gender Focal Point Officer in Philippine Embassies
and Consulates

Chapter VI: Institutional Mechanisms
Strengthens the National Commission on the
Role of Filipino women (NCRFW) as the
government's policy making and coordinating
body on women's empowerment and gender
equality concerns, and renaming it to
Philippine Commission on Women (PCW)
Designates the Commission on Human Rights
as Gender and Development (GAD) Ombud,
to act on investigations and complaints of
discrimination and violations of women's rights
Monitoring of progress and implementation


Chapter VI: Institutional Mechanisms
Penal provisions
Establishment of incentives and awards
systems
Funding: 5% GAD budget to be utilized for the
programs and activities to implement the MCW
Implementing rules and regulations shall be
formulated within 180 days after effectivity


Thank you!