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Women's Rights are Human Rights: Magna Carta of Women – RA 9710. PHILIPPINE FEDERATION OF LOCAL COUNCILS OF WOMEN (PFLCW, INC.) 7 th GENERAL ASSEMBLY Dipolog City Nov. 18-21, 2009. Salient Features of R. A. 9710: MAGNA CARTA OF WOMEN. A presentation by
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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
Salient Features of R. A. 9710: MAGNA CARTA OF WOMEN A presentation by Atty. Evelyn S. Dunuan, Commissioner for Indigenous Peoples, NCRFW 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: • MCW’s Herstory • Salient Features of the MCW
Background: • 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
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 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 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.
Salient Features of the MCW: Coverage: • General Provisions • Definition of Terms • Duties Related to the Human Rights of Women • Rights and Empowerment • Rights and Empowerment of Marginalized Sectors • Institutional Mechanisms
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 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 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 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.
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 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 youth • Formation of a person’s 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 women’s 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 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-Children • Protection of Senior Citizens • Recognition and protection of women’s 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 • COA’s 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