RA 9710

Contextualizing
the
MAGNA CARTA
of WOMEN
 A History of Victimization

Women and children are considered not as

persons but as properties under the law of the
Caesars and of most of the ancient world.
In Ancient Sparta, girl-children are thrown in the
cliff to die because they are less useful than boys
who can be trained to defend the city-state.
In ancient China, the feet of girl-children are
bound to keep them small so they are more
attractive as wives and mistresses.
 A History of Victimization…

In primeval England, a husband can beat his

wife as long as he uses a rod which is no larger
than his thumb.
In ancient India, a woman is burned with her
husband in the funereal pyre.
In some parts of Africa, sex for women is
considered dirty and immoral and to control their
urges, genital mutilation is practiced.
In Japan, women must not walk with men but
has to stay a few feet behind.
 Human Rights and Women

John Locke was the first to coin the term “human

rights” but he explained that it only belonged to
men and not to women.
For centuries complaints for violation of the
rights of women were summarily dismissed by
courts because there is no law recognizing the
rights of women.
The first case of woman battery decided in
favour of a woman in the US was based on the
law against cruelty to animals.
 International Recognition of Women’s Rights

In 1948, the Universal Declaration of Human Rights

recognized that women have civil, political,
economic, social, and cultural rights.
In 1976, States signed the legally binding
International Covenant on Civil and Political Rights,
which obliged them to respect, protect and fulfil
women’s civil and political rights.
Some of the rights of women under the ICCPR are
the right to life, freedom from torture and other cruel
or inhuman punishment, the right to liberty and
security of persons.
 International Recognition…

Under the ICCPR, women have also the right to

recognition as a person before the law, the right
to freedom of thought, conscience and religion,
to marry and found a family, the right to a name
and a nationality.
Under the ICCPR, the political rights of women
were recognized, i.e., to take part in the conduct
of public affairs, directly or through freely chosen
representatives, to be elected and to have
access to public service in her country.
 International Recognition…

 In 1976, the International Covenant on

Economic, Social and Cultural Rights entered
into force which obliged State signatories to
respect, protect and fulfil women’s economic,
social and cultural rights.
 The ICESCR recognized women’s right to
work, to a just and favourable conditions of
work, to form and join trade unions, to social
security including social insurance, to an
adequate standard of living for herself and her
family.
 International Recognition…

The ICESCR also recognized the right of women

to education, to take part in the cultural life of the
community and to enjoy the benefits of scientific
progress.
In 1979, the Convention on the Elimination of All
Forms of Discrimination Against Women entered
into force, requiring State signatories to condemn
all forms of discrimination against women, to
embody the equality of men and women in their
national constitutions or other appropriate
legislations and to ensure the practical
application of this principle.
 International Recognition…

Under the CEDAW, the term “discrimination

against women” shall mean any distinction,
exclusion or restriction made on the basis of
sex which has the effect or purpose of impairing
or nullifying the recognition, enjoyment or
exercise by women, irrespective of their marital
status, on a basis of equality of men and women
of human rights and fundamental freedoms in the
political, social, economic, cultural, civil, or any
other field.
 International Recognition…

The CEDAW also required all State signatories to

take all appropriate measures, including legislation,
to modify or abolish existing laws, regulations,
customs and practices which constitute
discrimination against women.
The Beijing Declaration (1995) erased all distinctions
between the rights pertaining to men and women
and affirmed that “Women’s Rights are Human
Rights”.
The International Convention on the Rights of All
Migrant Workers and Their Families made no
distinction between male or female migrant workers.
 National Recognition

The Philippine Constitution recognized the vital

role of women in nation building and ensures the
fundamental equality of men and women
before the law.
The Women in Development and Nation Building
Act gave women equal rights in all contractual
relationship with men, practice of profession,
entrance to military schools, memberships in
clubs and organizations and family decisions.
 National Recognition…

RA 8171 provided for the repatriation of Filipino

women who have lost their citizenship by marriage
to aliens.
RA 7882 provided for assistance to women
engaged in micro and cottage business
enterprises.
RA 8353 provided for the expansion of the
definition of the crime of rape, reclassified the same
as a crime against persons.
RA 7655 provided for an increase in the minimum
wage of house helpers.
 National Recognition…

RA 6955 declared unlawful the practice of

matching Filipino women for marriage to foreign
nationals on a mail order basis and other similar
practices.
RA 6972 established a Day Care Center in every
barangay.
RA 7610 strengthened protection for Filipino
children against child abuse.
RA 9262 provides immediate protection to
women or their children who are victims of
violence and punished the perpetrator.
Salient Features
of the
Magna Carta of
Women
The Magna Carta of Women
is a comprehensive women’s
human rights law that seeks to
eliminate discrimination against
women by recognizing,
protecting, fulfilling and
promoting the rights of Filipino
women, especially those in the
marginalized sectors.
 discrimination against women:

• discrimination compounded by or intersecting with

other grounds, status, or condition, such as ethnicity,
age, poverty, or religion.
 discrimination against women:

 any gender-based distinction, exclusion, or

restriction which has the effect or purpose of
impairing or nullifying the recognition, enjoyment,
or exercise by women, irrespective of their
marital status, on a basis of equality of men and
women, of human rights and fundamental
freedoms in the political, economic, social,
cultural, civil or any other field
 discrimination against women:

 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,
benefits, or privileges;
 discrimination against women:

 a measure or practice of general application that

fails 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 and in their access to
and enjoyment of opportunities, benefits, or
privileges; or women, more than men are shown
to have suffered the greater adverse effects of
those measures or practices
The Magna Carta of Women also spells out every
woman’s right to:

Protection from all forms of

violence, including those
committed by the State.

This includes the incremental

increase in the recruitment and
training of women in government
services that cater to women
victims of gender-related offenses.
It also ensures mandatory training on human rights
and gender sensitivity to all government personnel
involved in the protection and defense of women
against gender-based violence, and mandates
local government units to establish a Violence
Against Women Desk in every barangay to
address violence against women cases ;
The Magna Carta of Women also spells out every woman’s
right to:

Protection and security in

times of disaster,
calamities and other crisis
situations, especially in all
phases of relief, recovery,
rehabilitation and
construction efforts,
including protection from
sexual exploitation and
other sexual and gender-
based violence.
The Magna Carta of Women also spells out every
woman’s right to:

 Prohibition of expulsion and non-readmission of women

faculty and students due to pregnancy outside marriage

 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.

 Development and promotion of a gender-sensitive

curriculum and gender-fair instructional materials (IRR,
RA 9710-DepEd, CHED, TESDA)
The Magna Carta of Women also spells out every
woman’s right to:

 Non-discriminatory and
non-derogatory portrayal
of women in media and
film to raise the
consciousness of the general
public in recognizing the dignity
of women and the role and
contribution of women in family,
community, and the society
through the strategic use of
mass media;
The Magna Carta of Women also spells out every
woman’s right to:

Comprehensive health services and health

information and education covering all stages
of a woman’s life cycle, and which addresses
the major causes of women’s mortality and
morbidity, including access to among others,
maternal care, responsible, ethical, legal, safe
and effective methods of family planning, and
encouraging healthy lifestyle activities to
prevent diseases
The Magna Carta of Women also spells out every
woman’s right to:

 Leave benefits of two (2)

months with full pay based on
gross monthly compensation,
for women employees who
undergo surgery caused by
gynecological disorders,
provided that they  have
rendered continuous
aggregate employment service
of at least six (6) months for
the last twelve (12) months;
The Magna Carta of Women also spells out every
woman’s right to:

 Equal rights in all matters relating to marriage and

family relations.
*The State shall ensure the same rights of
women and men to: enter into and leave
marriages, freely choose a spouse, decide
on the number and spacing of their
children, enjoy personal rights including the
choice of a profession, own, acquire, and
administer their property, and acquire,
change, or retain their nationality. It also
states that the betrothal and marriage of a
child shall have no legal effect.
 marginalized sectors:
those who belong to the basic,
disadvantaged, or vulnerable 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 security,
physical infrastructure and the justice system
 These include,
but are not limited
to women in the
following sectors
or 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, and Solo parents.
Women’s rights in the MARGINALIZED SECTORS

 Skills training, scholarships,

especially in research and development
aimed towards women-friendly farm technology;

• Employment, livelihood, credit, capital and technology;

• Localized, accessible, secure and affordable housing;
• Food security and resources for food production,
including equal rights in the titling of the land and issuance of
stewardship contracts and patents;
 Women’s rights in the
MARGINALIZED
SECTORS

 Representation and participation in policy-making or

decision-making bodies in the regional, national, and
international levels;
 Access to information regarding policies on women,
including programs, projects and funding outlays that affect
them;
 Social protection;
 Recognition and preservation of cultural identity and
integrity provided that these cultural systems and practices
are not discriminatory to women;
 Women’s rights in the
MARGINALIZED SECTORS

 Inclusion in discussions on peace

and development;
 Services and interventions for
women in especially difficult
circumstances or WEDC;
 Protection of girl-children against all
forms of discrimination in education,
health and nutrition, and skills
development; and
 Protection of women senior
citizens.
How can Filipino women living abroad benefit from this law?
 

 designation of a gender focal point in the consular

section of Philippine embassies or consulates who
shall be primarily responsible in handling gender
concerns of women migrant workers, especially those
in distress.
*Other agencies (e.g. the Department of Labor and Employment and the
Department of Social Welfare and Development) are also mandated to
cooperate in strengthening the Philippine foreign posts’ programs for
the delivery of services to women migrant workers, consistent with the
one-country team approach in Foreign Service.
Who will be responsible for implementing the
Magna Carta of Women?

 The State, the private

sector, society in general,
and all individuals shall
contribute to the
recognition, respect and
promotion of the rights of
women defined and
guaranteed in the Magna
Carta of Women.
Who will be responsible for implementing the
Magna Carta of Women?

  allgovernment offices, including local

government units and government-owned
and controlled corporations shall be
responsible to implement the provisions of
the Magna Carta of Women that fall within
their mandate, particularly those that
guarantee rights of women that require
specific action from the State.
 Government responsibilities

 The Magna Carta of Women mandates all government

offices, including government-owned and controlled
corporations and local government units to adopt
gender mainstreaming as a strategy for implementing
the law and attaining its objectives. It also mandates (a)
planning, budgeting, monitoring and evaluation for
gender and development, (b) the creation and/or
strengthening of gender and development focal points,
and (c) the generation and maintenance of gender
statistics and sex-disaggregated databases to aid in
planning, programming and policy formulation.
Under this law, the National Commission on
the Role of Filipino Women which will be
renamed as the Philippine Commission on
Women (PCW) shall be the overall monitoring
and oversight body to ensure the
implementation of the law.  As an agency
under the Office of the President of the
Philippines, it will be the primary policy-making
and coordinating body for women and gender
equality concerns and shall lead in ensuring
that government agencies are capacitated on
the effective implementation of the Magna
Carta of Women
Consistent with its mandate, the Commission on
Human Rights shall act as the Gender and
Development Ombud to ensure the promotion
and protection of women’s human rights.

The Commission on Audit shall conduct an

annual audit on the government offices’ use of
their gender and development budgets for the
purpose of determining its judicious use and the
efficiency, and effectiveness of interventions in
addressing gender issues.
 Local government units are also
encouraged to develop and pass a
gender and development code to
address the issues and concerns of
women in their respective localities
based on consultation with their women
constituents.
 Let us respect, protect and fulfill
women’s rights; and, commit, act and
demand to end violence against
women.
 I Got Flowers Today

I got flowers today,

It wasn’t my birthday or any other special day
We had our arguments last night
And he said a lot of cruel things that really hurt me.
I know that he is sorry and didn’t mean the things he said
Because he sent me flowers today.
I got flowers today,
It wasn’t our anniversary or any other special day.
Last night he threw me into the wall and started to
choke me.
It seemed like a nightmare, I couldn’t believe it was
real.
I woke up this morning sore and bruised all over.
I know he must be sorry . . . because he sent me
flowers today
I got flowers today,
And it wasn’t Mother’s Day or any other special day.
Last night he beat me up again. And it was much worse
than all the other times.
If I leave him, what will I do? How will I take care of
the kids? What about money?
I’m afraid of him and scared to leave.
But I know he must be sorry . . . because he sent me
flowers today
I got flowers today.
Today was a very special day.
It was the day of my funeral.
Last night he finally killed me. He beat me to death.
If only I have gathered enough courage and strength to
leave him.
I would not have gotten flowers today.