Group 8 – RA 9710 Magna Carta for Women

Jared Acuna Karissa Ramos

Kyla Gapit Lowie Santiaguel

AN ACT PROVIDING FOR THE MAGNA CARTA OF WOMEN

Be it enacted by the Senate and House of Representatives of the Philippines in

Congress assembled::
Section 1. Short Title. - This Act shall be known as "The Magna Carta of Women".

Section 2. Declaration of Policy- The State, in ensuring the full integration of

women's concerns in the mainstream of development, shall provide ample
opportunities to enhance and develop their skills, acquire productive employment
and contribute to their families and communities to the fullest of their capabilities.
In pursuance of this policy, the State reaffirms the right of women in all sectors to
participate in policy formulation. planning, organization, implementation,
management, monitoring, and evaluation of all programs, projects, and services. It
shall support policies, researches, technology, and training programs and other
support services such as financing, production, and marketing to encourage active
participation of women in national development.

--The Magna Carta of Women is a comprehensive women's human rights law that
seeks to eliminate discrimination through the recognition, protection, fulfilment and
promotion of the rights of Filipino women, especially those belonging in the
marginalized sectors of the society. It conveys a framework of rights for women
based directly on international law.

Section 3. Principles of Human Rights of Women. - Human rights are universal and
inalienable. All people in the world are entitled to them. The universality of human
rights is encompassed in the words of Article 1 of the Universal Declaration of
Human Rights, which states that all human beings are free and equal in dignity and
rights.

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. I

CHAPTER II: DEFINITION OF TERMS

"Discrimination Against Women" refers to 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.
It includes 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 is discrimination against women if it
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.
Provided, finally, That discrimination compounded by or intersecting with other
grounds, status, or condition, such as ethnicity, age, poverty, or religion shall be
considered discrimination against women under this Act.

"Substantive Equality" refers to the full and equal enjoyment of rights and freedoms
contemplated under this Act. It encompasses de jure and de facto equality and also
equality in outcomes.

"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 Equity" refers to the policies, instruments, programs, services, and actions
that address the disadvantaged position of women in society by providing
preferential treatment and affirmative action. Such temporary special measures
aimed at accelerating de facto equality between men and women shall not be
considered discriminatory but shall in no way entail as a consequence the
maintenance of unequal or separate standards. These measures shall be
discontinued when the objectives of equality of opportunity and treatment have
been achieved.

"Gender Mainstreaming" refers to the strategy for making women's as well as men's
concerns and experiences an integral dimension of the design, implementation,
monitoring, and evaluation of policies and programs in all political, economic, and
societal spheres so that women and men benefit equally and inequality is not
perpetuated. It is the process of assessing the implications for women and men of
any planned action, including legislation, policies, or programs in all areas and at all
levels.

"Social Protection" refers to policies and programs that seek to reduce poverty and
vulnerability to risks and enhance the social status and rights of all women,
especially the marginalized by promoting and protecting livelihood and
employment, protecting against hazards and sudden loss of income, and improving
people's capacity to manage risk. Its components are labor market programs, social
insurance, social welfare, and social safety nets.
CHAPTER III: Duties Related to the Human Rights of Women
The State, as the primary duty-bearer, shall:
(a) Refrain from discriminating against women and violating their rights;
(b) Protect women against discrimination and from violation of their rights
by private corporations, entities, and individuals; and
(c) Promote and fulfill the rights of women in all spheres, including their
rights to substantive equality and non-discrimination. These duties of the
State shall extend to all state agencies, offices, and instrumentalities at all
levels and government-owned and -controlled corporations

• Protection from Violence

• Women Affected by Disasters, Calamities, and Other Crisis Situations
• Participation and Representation.
• Equal Treatment Before the Law.
• Equal Access and Elimination of Discrimination in Education, Scholarships, and
Training.
• Women in Sports.
• Women in the Military
• Nondiscriminatory and Nonderogatory Portrayal of Women in Media and
Film.
• Women's Right to Health
• Special Leave Benefits for Women
• Equal Rights in All Matters Relating to Marriage and Family Relations.

CHAPTER IV. Rights and Empowerment of Marginalized Sectors

• Women in marginalized sectors are hereby guaranteed all civil, political,
social, and economic rights recognized, promoted, and protected under
existing laws including, but not limited to:
• the Indigenous Peoples Rights Act,
• the Urban Development and Housing Act,
• the Comprehensive Agrarian Reform Law,
• the Fisheries Code,
• the Labor Code,
• the Migrant Workers Act,
• the Solo Parents Welfare Act,
• and the Social Reform and Poverty Alleviation Act.

CHAPTER V: Rights and Empowerment of Marginalized Sectors

Women in marginalized sectors are hereby guaranteed all civil, political, social, and
economic rights recognized, promoted, and protected under existing laws including,
but not limited to, the Indigenous Peoples Rights Act, the Urban Development and
Housing Act, the Comprehensive Agrarian Reform Law, the Fisheries Code, the
Labor Code, the Migrant Workers Act, the Solo Parents Welfare Act, and the Social
Reform and Poverty Alleviation Act.
From this, it can be gleaned that the Magna Carta of Women should be read in
relation with other provisions of law.
SECTION 20. Food Security and Productive Resources.
The State shall ensure:
(a) Right to Food.
(b) Right to Resources for Food Production.
-The State shall promote women-friendly technology as a high priority activity in
agriculture and shall promote the right to adequate food by proactively engaging in
activities intended to strengthen access to, utilization of, and receipt of accurate and
substantial information on resources and means to ensure women's livelihood,
including food security:
(1) Equal status shall be given to women and men, whether married or not, in the
titling of the land and issuance of stewardship contracts and patents;
(2) Equal treatment shall be given to women and men beneficiaries of the agrarian
reform program, wherein the vested right of a woman agrarian reform beneficiary is
defined by a woman's relationship to tillage, i.e.,her direct and indirect contribution
to the development of the land;
• The Comprehensive Agrarian Reform Law provides for the equal rights to
ownership of the land, equal shares of the farm’s produce and representation in
advisory or appropriate decision making bodies
• Section 1 of the Comprehensive Agrarian Reform Program with Extension
Reforms (R.A. 9700) provides that concerned agencies shall recognize and enforce,
consistent with existing laws, the rights of rural women to own and control land,
taking into consideration the substantive equality between men and women as
qualified beneficiaries to receive a just share of the fruits thereof, and to be
represented in advisory or appropriate decision-making bodies.
• R.A. 9700 also provides that rural women shall be given the opportunity to
participate in the development planning and implementation of this Act.
• And that in no case should the agrarian reform beneficiaries' sex, economic,
religious, social, cultural and political attributes adversely affect the distribution of
lands.
(3) Customary rights of women to the land, including access to and control of the
fruits and benefits, shall be recognized in circumstances where private ownership is
not possible, such as ancestral domain claims;
(4) Information and assistance in claiming rights to the land shall be made available
to women at all times;
(5) Equal rights to women to the enjoyment, use, and management of land, water,
and other natural resources within their communities or ancestral domains;
(6) Equal access to the use and management of fisheries and aquatic resources, and
all the rights and benefits accruing to stakeholders in the fishing industry;
(7) Equal status shall be given to women and men in the issuance of stewardship or
lease agreements and other fishery rights that may be granted for the use and
management of coastal and aquatic resources. In the same manner, women's
organizations shall be given equal treatment as with other marginalized fishers
organizations in the issuance of stewardship or lease agreements or other fishery
rights for the use and management of such coastal and aquatic resources which may
include providing support to women-engaged coastal resources;
(8) There shall be no discrimination against women in the deputization of fish
wardens;
(9) Women-friendly and sustainable agriculture technology shall be designed based
on accessibility and viability in consultation with women's organizations;
(10) Access to small farmer-based and controlled seeds production and distribution
shall be ensured and protected;
(11) Indigenous practices of women in seed storage and cultivation shall be
recognized, encouraged, and protected;
(12) Equal rights shall be given to women to be members of farmers' organizations
to ensure wider access to and control of the means of production;
(13) Provide opportunities for empowering women fishers to be involved in the
control and management, not only of the catch and production of aquamarine
resources but also, to engage in entrepreneurial activities which will add value to
production and marketing ventures; and
(14) Provide economic opportunities for the indigenous women, particularly access
to market for their produce.
In the enforcement of the foregoing, the requirements of law shall be observed at all
times.
SECTION 21. Right to Housing.
SECTION 22. Right to Decent Work.
-The State shall progressively realize and ensure decent work standards for women
that involve the creation of jobs of acceptable quality in conditions of freedom,
equity, security, and human dignity.
(a) Decent work involves opportunities for work that are productive and fairly
remunerative as family living wage, security in the workplace, and social protection
for families, better prospects for personal development and social integration,
freedom for people to express their concerns, organize, participate in the decisions
that affect their lives, and equality of opportunity and treatment for all women and
men.
(b) The State shall further ensure:
(1) Support services and gears to protect them from occupational and health
hazards taking into account women's maternal functions;
(2) Support services that will enable women to balance their family obligations and
work responsibilities including, but not limited to, the establishment of day care
centers and breast-feeding stations at the workplace, and providing maternity leave
pursuant to the Labor Code and other pertinent laws;
(3) Membership in unions regardless of status of employment and place of
employment; and
(4) Respect for the observance of indigenous peoples' cultural practices even in the
workplace.
(c) In recognition of the temporary nature of overseas work, the State shall exert all
efforts to address the causes of out-migration by developing local employment and
other economic opportunities for women and by introducing measures to curb
violence and forced and involuntary displacement of local women. The State shall
ensure the protection and promotion of the rights and welfare of migrant women
regardless of their work status, and protect them against discrimination in wages,
conditions of work, and employment opportunities in host countries.
SECTION 23. Right to Livelihood, Credit, Capital, and Technology.
SECTION 24. Right to Education and Training.
SECTION 25. Right to Representation and Participation.
SECTION 26. Right to Information.
SECTION 27. Social Protection.
SECTION 28. Recognition and Preservation of Cultural Identity and Integrity.
SECTION 29. Peace and Development.
SECTION 30. Women in Especially Difficult Circumstances.
-For purposes of this Act, "Women in Especially Difficult Circumstances" (WEDC)
shall refer to victims and survivors of sexual and physical abuse, illegal recruitment,
prostitution, trafficking, armed conflict, women in detention, victims and survivors
of rape and incest, and such other related circumstances which have incapacitated
them functionally. Local government units are therefore mandated to deliver the
necessary services and interventions to WEDC under their respective jurisdictions.
SECTION 31. Services and Interventions.
-WEDC shall be provided with services and interventions as necessary such as, but
not limited to, the following:
(a) Temporary and protective custody;
(b) Medical and dental services;
(c) Psychological evaluation;
(d) Counseling;
(e) Psychiatric evaluation;
(f) Legal services:
(g) Productivity skills capability building;
(h) Livelihood assistance;
(i) Job placement;
(j) Financial assistance; and
(k) Transportation assistance.
SECTION 32. Protection of Girl-Children.
-(a) The State shall pursue measures to eliminate all forms of discrimination against
girl-children in education, health and nutrition, and skills development.
(b) Girl-children shall be protected from all forms of abuse and exploitation.
(c) Equal access of Moro and indigenous girl-children in the Madaris, schools of
living culture and traditions, and the regular schools shall be ensured.
(d) Gender-sensitive curriculum, including legal literacy, books, and curriculum in
the Madaris and schools of living culture and traditions shall be developed.
(e) Sensitivity of regular schools to particular Moro and indigenous practices, such
as fasting in the month of Ramadan, choice of clothing (including the wearing of
hijab),and availability of halal food shall be ensured.
SECTION 33. Protection of Senior Citizens.
SECTION 34. Women are entitled to the recognition and protection of their rights
defined and guaranteed under this Act including their right to nondiscrimination.
SECTION 35. Discrimination Against Women is Prohibited. — Public and private
entities and individuals found to have committed discrimination against women
shall be subject to the sanctions provided in Section 41 hereof. Violations of other
rights of women shall be subject to sanctions under pertinent laws and regulations.
• ART. 133. of the Labor Code declares it unlawful for any employer to
discriminate against any female employee with respect to the terms and conditions
of employment solely on account of her sex.
• Employers are also prohibited from committing the following acts against
female employees:
• To require that a woman employee shall not get married
• To stipulate that upon getting married a woman employee shall be deemed
resigned or separated
• To dismiss a woman employee:
• By reason of her marriage
• On account of her pregnancy
• While on leave due to her pregnancy
• For fear that she may again be pregnant.

Chapter VI: Institutional Mechanisms

 Philippine Commission on Women - The Philippine Commission on
Women (PCW), the national machinery for the advancement of women in the
Philippines. Under the Office of the President. Overall monitoring body and to
ensure the implementation of this Act. Formerly known as National
Commission on the Role of Filipino Women (NCRFW)
 Commission on Human Rights - Monitor with the PCW, Establish guidelines
that will facilitate access of women to legal remedies under this Act and
enhance the protection and promotion of the rights of women, especially
marginalized women; Designate one (1) commissioner and/or its Women's
Human Rights Center. Assist in the filing of cases against individuals,
agencies, institutions, or establishments that violate the provisions of this
Act.
 Gender Focal Point Officer in Philippine Embassies and Consulates - An
officer duly trained on GAD shall be designated as the gender focal point in
the consular section of Philippine embassies or consulates. Said officer shall
be primarily responsible in handling gender concerns of women migrant
workers. Attached agencies shall cooperate in strengthening the Philippine
foreign posts' programs for the delivery of services to women migrant
workers. (Sec 37)
 Gender Mainstreaming as a Strategy for Implementing the Magna Carta
of Women.
 Penalties (Sec 41)
o Violations of this act, by Departments, Agencies and GOCCs
 Upon findings by the CHR and recommendation to the DILG,
Civil Service Commission of an administrative complaint.
o Violation by a private individual:
 Held liable for Damages
o Filing a complaint under this Act shall not preclude the offended party
from pursuing other remedies available under the law and to invoke
any of the provisions of existing laws especially those recently
enacted laws protecting women and children.