Magna Carta of Women

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MAGNA CARTA OF WOMEN

REPUBLIC ACT NO. 9710


ORDER OF PRESENTATION
MAGNA CARTA OF WOMEN
• What is Magna Carta of Women (RA No. 9710)

• What is discrimination against women?

• What are the rights of women guaranteed under the Magna Carta of
Women?
• How can Filipino women living abroad benefit from this law?

• Who will be responsible for implementing the Magna Carta of Women? 

• What are the specific responsibilities of government under the


Magna Carta of Women?
• What are the penalties of violators?

• How will the implementation of the Magna Carta of Women be funded? 

• Definitions
What is Magna Carta of Women?
Republic Act No 9710
The Magna Carta of Women is 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 marginalized sector.
The MCW establishes the Philippine government’s pledge of commitment to

the Convention on the Elimination of All Forms of Discrimination against


Women's (CEDAW) Committee in its 36th Session in 2006 and to the UN
Human Rights Council on its first Universal Periodic Review in 2009.

It is the local translation of the provisions of the CEDAW, particularly in

defining gender discrimination, state obligations, substantive equality, and


temporary special measures.

It also recognizes human rights guaranteed by the international Covenant on

Economic, Social and Cultural Rights (ICESCR).


Marginalized Sector
“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 7. Indigenous Peoples

2. Fisherfolk 8. Moro

3. Urban Poor 9. Children

4. Workers in the Formal Economy 10. Senior Citizen

5. Workers in the Informal Economy 11. Persons with Disabilities

6. Migrant Workers 12. Solo Parents


Discrimination Against Women
Magna Carta of Women
The Magna Carta of Women defines discrimination against women as:
• 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;
• 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;
• 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; and
• discrimination compounded by or intersecting with other grounds, status, or condition, such
as ethnicity, age, poverty, or religion.
Rights of Women Guaranteed
Under the Magna Carta of Women
• 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.
Protection from all forms of
• [Implementing Agencies: IACAT (DFA, DOLE, POEA, BI, PNP); , IACVAWC
(CHR, CSC, DepEd, DOH, DOJ, DSWD, NBI); OPAPP, DND, AFP, DILG,
violence, including those
NAPOLCOM, NCIP, NCMF, CHED , LGUs]
committed by the State.
• 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. 

• [NDRRMC, particularly DSWD, DND, DILG, LGUs]

Protection and security in times of


disaster, calamities and
other crisis situations
• Participation and representation, including
undertaking temporary special measures and
affirmative actions to accelerate and
ensure women's equitable participation and
representation in the third level civil service,
development councils and planning bodies, as well
as political parties and international bodies,
including the private sector. 
• [CSC, CESB, RDCs, DFA, DTI, DSWD,COMELEC, Local Chief Executives ]

Participation and
Representation
• Equal treatment before the law, including the

State's review and when necessary amendment or


repeal of existing laws that are discriminatory to
women.

• [Congress, executive legislative body]

Equal treatment before the law


• Equal access and elimination of discrimination

against women in education, scholarships and


training. This includes revising educational
materials and curricula to remove gender
stereotypes and images, and outlawing the
expulsion, non-readmission, prohibiting
enrollment and other related discrimination
against women students and faculty due to
pregnancy outside of marriage.
• [DepEd, CHED, TESDA, DOJ, DSWD, CHR, PNP, LGUs]

Equal access and elimination of


discrimination against women
in education
• This includes measures to ensure that gender-

based discrimination in competitive and non-


competitive sports is removed so that women and
girls can benefit from sports development.
• [PSC, GAB, DepEd, CHED, SUCs, LGUs, sports-related organizations]

Equal participation in sports


• This includes according the same promotional

privileges and opportunities as their men


counterpart, including pay increases, additional
benefits, and awards, based on competency and
quality of performance. The dignity of women
in the military, police and other similar services
shall always be respected, they shall be accorded
with the same capacity as men to act in and enter
into contracts, including marriage, as well as
be entitled to leave benefits for women such as
maternity leave, as provided for in existing laws.
Non-discrimination in employment in
• [DND, DILG, PNPA, PPSC, DOJ, PMA, OCS, LGUs] the field of military, police and other
similar services
• 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

• [OPS, NTC, MTRCB, FAP, FDCP, OMB, NCCA, women's media NGOs, LGUs]

Non-discriminatory and non-


derogatory portrayal of women
in media and film
• 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; 
• [DOH, DepEd, CHED, PhilHealth, DOLE, LGUs,]

Comprehensive health services


and health information
and education
• 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

• C:\Users\Leslie\Documents\Magna Carta of Women\RA-9710_CSC-Guidelin


es-on-MCW-Leave-Benefits.pdf

• RA-9710_Gynecological-Leave.pdf

Special leave benefits


• Equal rights in all matters relating to marriage and

family relations. The State shall ensure the same rights


of women and men to:

1. Enter into and leave marriages

2. Freely choose a spouse

3. Decide on the number and spacing of their children

4. Enjoy personal rights including the choice of a

profession, own, acquire, and administer their


property, and

5. Acquire, change, or retain their nationality. It also Equal rights in all matters relating
states that the betrothal and marriage of a child shall to marriage and family relations
have no legal effect. 
The Magna Carta of Women also guarantees the civil, political and
economic rights of women in the marginalized sectors, particularly
their right to: 

• Food security and resources for food production, including


equal rights in the titling of the land and issuance of • Recognition and preservation of cultural identity and
stewardship contracts and patents;  integrity provided that these cultural systems and practices are
not discriminatory to women; 
• Localized, accessible, secure and affordable housing; 

• Inclusion in discussions on peace and development;


•  Employment, livelihood, credit, capital and technology; 

• Skills training, scholarships, especially in research and development • Services and interventions for women in especially
aimed towards women friendly farm technology;  difficult circumstances or WEDC; 

• Representation and participation in policy-making or • Protection of girl-children against all forms of discrimination
decisionmaking bodies in the regional, national, and international in education, health and nutrition, and skills development; and 
levels; 

• Access to information regarding policies on women, • Protection of women senior citizens. 


including programs, projects and funding outlays that affect them; 

• Social protection;
Benefits of MCW to Filipino
Women Living Abroad
Magna Carta of Women
 

• Statistics show that more and more Filipino women are migrating

for overseas employment. In many places, women migrant workers


have limited legal protections or access to information about their
rights, rendering them vulnerable to gender-specific discrimination,
exploitation and abuse. Section 37 of the Magna Carta of Women
mandates the designation of a gender focal point in the consular section of
Philippine embassies or consulates.
• The said officer who shall be trained on Gender and Development 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. 
Implementing the Magna Carta
for Women
Republic Act 9710
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. 
The Philippine Government shall be the primary duty-bearer in implementing the said law.
This means that all government offices, including local government units and government-owned and
controlled corporations shall be responsible to implement the provisions of Magna Carta of Women that falls
within their mandate, particularly those that guarantee rights of women that require specific action from the
State. 
As the primary duty-bearer, the Government is tasked to: 
•  refrain from discriminating against women and violating their rights;  

•  protect women against discrimination and from violation of their rights by private corporations, entities, and
individuals; 
•  promote and fulfill the rights of women in all spheres, including their rights to substantive equality and non-
discrimination.
The Government shall fulfill these  duties through the development and implementation of laws,
policies,regulatory instruments, administrative guidelines, and other appropriate measures, including
temporary special measures. It shall also establish mechanisms to promote the coherent and integrated
implementation of the Magna Carta of Women and other related laws and policies to effectively stop
discrimination against Filipino women.
Specific Responsibilities of Government
Under the Magna Carta of Women?
Republic Act No 9710
• 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
Penalties of Violators
Magna Carta of Women
• If the violation is committed by a government agency or any

government office, including government-owned and controlled


corporations and local government units,

= the person directly responsible for the violation, as well as the head of the
agency or local chief executive shall be held liable under the Magna Carta of
Women.
• The sanctions under administrative law, civil service or other appropriate
laws shall be recommended by the Commission on Human Rights to the
Civil Service Commission and the Department of the Interior and Local
Government.  
• Further, in cases where violence has been proven to be perpetrated
by agents of the State, such shall be considered aggravating offenses
with corresponding penalties depending on the severity of the offenses. 
• If the violation is committed by a private entity or individual, the
person directly responsible for the violation shall be liable to pay
damages. 
• Further, the offended party can also pursue other remedies available
under the law and can invoke any of the other provisions of existing
laws, especially those that protect the rights of women. 
Funds for the Implementation of
MCW
Republic Act 9710
• The Magna Carta of Women provides that the State agencies should utilize their gender and

development budgets for programs and activities to implement its provisions. Funds necessary for
the implementation of the Magna Carta of Women shall be charged against the current
appropriations of the concerned agencies, and shall be included in their annual budgets for the
succeeding years. 

• The Magna Carta of Women also mandates the State to prioritize allocation of all available
resources to effectively fulfill its obligations under the said law. 
Definitions
Magna Carta of Women
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 benefit from the results of development, and with the
State recognizing that all human beings are free and equal in dignity and
rights.
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 reflected in development

choices; seeks to transform society’s social, economic, and political structures and questions they
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
• References
• <iframe width="560" height="315" src="https://www.youtube.com/embed/_ReERoAARNs"
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• <iframe width="560" height="315" src="https://www.youtube.com/embed/4AYeBZATm3Y"


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• <iframe width="560" height="315" src="https://www.youtube.com/embed/niOUwtO5HAY"


frameborder="0" allow="accelerometer; autoplay; clipboard-write; encrypted-media; gyroscope;
picture-in-picture" allowfullscreen></iframe>

• https://pcw.gov.ph/republic-act-9710-magna-carta-of-women/

• https://slideplayer.com/slide/6213754/
Thank you

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