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 ofWomen
1145 J.P. Laurel St., San Miguel, Manila
www.ncrfw.gov.ph
Outline of Presentation:

MCWs 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
Malacaan Palace on August 14, 2009.
Effectivity15 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:
I. General Provisions
II. Definition of Terms
III. Duties Related to the Human Rights of
Women
IV. Rights and Empowerment
V. Rights and Empowerment of Marginalized
Sectors
VI. 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 womens 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 womens 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 AgainstWomen (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 womens 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 womens 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 persons 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 womens 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 womens 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 womens 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
COAs 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
Thank you!