women's rights are human rights: magna carta of women – ra 9710

PHILIPPINE FEDERATION OF LOCAL COUNCILS OF WOMEN (PFLCW, INC.)

7th GENERAL ASSEMBLY

Dipolog City

Nov. 18-21, 2009

Women's Rights are Human Rights:

Magna Carta of Women – RA Magna Carta of Women – RA 97109710

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 Women1145 J.P. Laurel St., San Miguel, Manila

www.ncrfw.gov.ph

Outline of Presentation:

MCW’s Herstory

Salient Features of the MCW

Original version of the MCW was entitled Magna Carta for Rural Workers, filed in the 12th Congress (2001-2004).

13th 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:

14th 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 WomenSignificance 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 DATESDecember 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 Malacañan Palace on August 14, 2009.

Effectivity—15 days after publication in at least two newspapers of general circulation.

Magna Carta of Women is numbered R.A.9710.

Coverage:I. General ProvisionsII. Definition of TermsIII. Duties Related to the Human

Rights of WomenIV. Rights and EmpowermentV. Rights and Empowerment of

Marginalized SectorsVI. Institutional Mechanisms

Salient Features of the MCW:

Chapter I: General ProvisionsDeclaration of Policy

Affirms the role of women in nation buildingEnsures the substantive equality of women

and men;Condemns discrimination against women,

in keeping with CEDAW and other International Instruments, consistent with Philippine Law;

Affirms women’s 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 women’s 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 WomenUniversal 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 TermsDefines 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 EqualityGender EqualityGender EquityGender and Development (GAD)Gender MainstreamingTemporary Special MeasuresViolence Against Women (VAW)Women in the MilitarySocial 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-BearerDuties of the State Agencies and InstrumentalitiesSuppletory 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


Right to Protection from ViolenceIncremental 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 EmpowermentRight 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 women’s 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.


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 EmpowermentRight 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.


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


Right to HealthA. 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 nutritionPromotion of breastfeedingResponsible, legal, safe and effective methods of

family planningFamily and State collaboration in youth sexuality

education and health services



access to the following services:Prevention and management of RTI, STD and

HIV/AIDSPrevention and management of reproductive tract

cancers and other gynecological conditions and disorders

Prevention of abortion and management of pregnancy-related complications



access to the following services:Services for survivors of VAWPrevention and management of infertility and sexual

dysfunction pursuant to ethical norms and standardsCare of the elderly women beyond their child-

bearing yearsManagement, treatment and intervention of mental

health problems or women and girlsPromotion of healthy lifestyle activities


Right to HealthB. Comprehensive health information and

education on all aspects of women’s 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 youthFormation of a person’s sexuality that affirms

human dignityLegal, ethical, safe and effective family planning

methods including fertility awareness


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 SectorsRight to Food Security and Productive

ResourcesRight to HousingRight to Decent WorkRight to Livelihood, Credit, Capital, and

TechnologyRight to education and TrainingRight to Representation and ParticipationRight to InformationSocial Protection

Chapter V: Rights and Empowerment of Marginalized SectorsRecognition and Preservation of Cultural Identity

and IntegrityPeace and Development

Participation in discussions and decision-making in the peace process

Inclusion of women’s concerns in the peace agendaConsideration for the specific needs of women and girls

in the protection of civilians in conflict-affected communities

Inclusion of peace perspective in education curriculumRecognition and support for women’s 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-ChildrenProtection of Senior CitizensRecognition and protection of women’s

rights defined under the MCW, including right to non-discrimination

Prohibition of discrimination against women

Chapter VI: Institutional MechanismsGender Mainstreaming as a strategy to

implement the Magna Carta of WomenAssessment 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 evaluationCOA’s conduct of annual audit on the use of the GAD

budgetCreation/strengthening of GAD Focal PointsGender Focal Point Officer in Philippine Embassies

and Consulates

Chapter VI: Institutional MechanismsStrengthens 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 MechanismsPenal provisionsEstablishment of incentives and awards

systemsFunding: 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!

women's rights are human rights: magna carta of women – ra 9710

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