Laws On Women.pptx

(LAWS ON WOMEN) Dr Menaal Kaushal JR III Department of S P M

ATTY. IVY F. DAMAYO-ELVIÑA

S N Medical College, Agra Asst. Regional Prosecutor, Region 9 Zamboanga City

HISTORICAL BACKGROUND: The Philippine Commission on Women (formerly the National Commission on the Role of the Filipino Women) 

- a government agency with the intention of promoting and protecting the rights of the WOMEN in the Philippines. - established on January 7, 1975 through Presidential Decree No. 633.

HISTORICAL BACKGROUND: The AIMS following:

of

the

PCW

included

the

1. Organizing women into a nationwide movement called "Balikatan sa Kaunlaran" (now registered as an independent women’s organization). 2. Conducting policy studies and lobbying for the issuance of executive and legislative measures concerning women. 3. Establishing a clearinghouse and information center on women 4. Monitoring the implementation of the UN Convention on the Elimination of all forms of Discrimination Against Women (CEDAW)

HISTORICAL BACKGROUND: After the People Power Revolution, which installed Corazon Aquino into power, in 1986, the agency focused on women's concerns on policymaking in the government. This included the integration of the principle of GENDER EQUALITY in the 1987.

HISTORICAL BACKGROUND: -during the Corazon Aquino government, Philippine Development Plan for Women (PDPW) was adopted thru EO No. 348. -thereafter, RA 7192 was enacted.

=A campaign, supported by the Canadian International Development Agency (CIDA), was initiated to help government officials and staff with training in promoting equality under a program called GENDER AND DEVELOPMENT(GAD).

REPUBLIC ACT 7912:

“An Act Promoting the Integration Of Women as Full and Equal Partners of Men in Development and Nation Building”

“The Women in Development and Nation Building Act”

>To recognize women and make the female populace equal partners in nation building - Not anti male - Neither is it a war between the sexes - BOTH men and women have a stake in the struggle for EQUALITY  Men shall share equally with all forms of productive and reproductive activities.

REPUBLICT ACT 7192 ASSUMPTION:

both men and women are victims but women are WORSE victims than men, hence the strengthening of their capabilities to sustain a full/satisfying life

 GENDER– is a socially constructed difference between men and women for all sexual orientation and gender identities, created artificially, party through socialization and partly through positive and negative discrimination in the various institutions and structures of society.

- Refers to masculinity or feminity. It is acquired/changeable/commonal. (socially learned behavior) - Roles are highly resistant to change due to continuous exposure - reinforcement of gender differentiation

 DEVELOPMENT – is the improvement of the quality of life of all regardless of age, sex, gender, tribe, race, creed and religion. It is a characterized by an enrichment of Filipino indigenous resources, sustainable utilization of the natural resources of the country and freedom from dependency. It is therefore, sustainable equitable and genderresponsive.

 DISCRIMINATION AGAINST WOMEN– any distinction, exclusion or restriction made on the basis of sex has purpose or effect of impairing or nullifying the recognition, enjoyment or exercise by women of their rights irrespective of their marital status.

 COMMODIFICATION OF WOMEN – is a practice which puts women in subordinate situation which results in the treatment of women as both consumers and objects. As consumer, women are enticed to buy beauty products to enhance their physical attractiveness. As objects of consumption, women are reduced to a sexual commodity for manipulation and utilization for one’s sexual desire or interest usually in exchange of money or goods so that women have no control or power to reject such utilization or manipulation.

 SEX - characterized by being a male or female. - It is acquired by birth like female hormones (estrogen /progesterone) or male hormones (androgen /testosterone) -refers to genetic (chromosomes), physical(reproductive organ), identity of a person (what you are)

MANIFESTATIONS OF GENDER BIAS (MGB): 1. SUBORDINATION: women are merely 2nd class citizen 2. MARGINALIZATION- always in the margin 3. MULTIPLE BURDEN- doing multifarious work very limited time. 4. COMMODIFICATION OF WOMENalways utilized in advertisement (calendars/white castle whisky/car and the like)

MANIFESTATIONS OF GENDER INEQUALITY 1. Subordination - unequal participation in decision making

2. Gender stereotyping - child bearing, child-rearing, housekeeping, etc. -if girl, plays doll;

-if boy, handgun/car as toys

GENDER-RELATED PROB. IN THE WORKPLACE: 1.

Self - Feel stressed in combining career and homemaking; tend to compete with each other for her attention, time/energy and feel for out; irritable, demanding and tense because of fatigue

2.

Home and family - Feel guilty that they could not support/guide their children’s educational needs; Work loads and schedules have been the cause of constant conflicts with husband/s; Feel that they have neglected their children as they could not give them full attention; and they could not take good care of their family especially when one of them is sick

3.

Career Path - Give priority to family needs and their career development suffers; Could not attend seminars and trainings because no one would take good care of the family;

SOLUTIONS TO DEVELOP WOMEN IN THE WORKPLACE a. Improve the living conditions of women, to give them dignity and respect for them to have self-esteem; b. Remind working mothers of their responsibilities in child rearing and homemaking, to help them improve their parental guidance to foster a better parent-children relationship;

SOLUTIONS TO DEVELOP WOMEN IN THE WORKPLACE c. Help women in the workplace to identify and overcome the difficulties/problems they have been experiencing as working moms; d. Devising policies that would guarantee women in management positions an equal treatment with men in management positions

 Adopt flextime system/schedule/which will enable female managers who are mostly mothers to arrange their schedule to be compatible with family needs;  Equal opportunity for employment and promotion even on male dominated job as the military, police, high-government service-level positions, cabinet appointments and unique technology;  Provide Day Care centers within the work place so working women can personally supervise the children and focus their attention to their work;

TO ATTAIN THE FOREGOING POLICY:  All City government departments, offices and instrumentalities shall ensure that women and girls benefit equally and participate directly in the development programs and projects of said departments and agencies, specifically those funded under official foreign development assistance, to ensure the full participation and involvement of women in the development process, pursuant to RA 7192 or the Women in Development and Nation Building Act.

All City government project proposals shall ascertain the inclusion of gender responsive indicators and guidelines while not be remiss in locating the root of women’s oppression, pursuant to the United Nations Declarations and Conventions of Women of which the Philippine Government is a signatory

All City Departments, Offices and instrumentalities upon effectivity of this Code shall review and revise all their regulations, circulars, issuances and procedures to remove gender bias therein, and shall complete the same within two years.

RELATED PRINCIPLES Section 3. RIGHTS OF WOMEN – Women’s rights are the rights of women that are defined and declared by the United Nations under the Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW) which are hereby adopted as follows:

WOMEN’S RIGHTS  Women have the right to the prevention of and protection from all forms of violence and coercion against their person, their freedom, their sexuality, and their individuality.

WOMEN’S RIGHTS Women have the right to freely and fully participate individually or collectivity in the political processes of their communities and nations.

WOMEN’S RIGHTS - Women have the right to the means for assuring their economic welfare and security.

WOMEN’S RIGHTS - Women have the right to the necessary knowledge and means for the full exercise of their reproductive choice in accordance to the Constitution and their beliefs and preferences.

WOMEN’S RIGHTS Women have the right to choose a spouse in accordance with their values and preferences, maintain equality in marriage or its dissolution, and obtain adequate support for rearing and caring of their children.

WOMEN’S RIGHTS Women have the right to an adequate, relevant and gender-fair education throughout their lives, from childhood to adulthood.

WOMEN’S RIGHTS Women have the right to adequate nutrition and proper health care.

Women have the right to humane living condition.

WOMEN’S RIGHTS Women have the right to nurture their personhood, collectively and individually to secure an image of themselves as whole and valuable human beings, to build relationships based on respect, trust and mutuality.

Women have the right to equality before the law in principle, as well as in practice

Sec. 5. Equality in Capacity to Act. Women of legal age, regardless of civil status, shall have the capacity to act and enter into contracts which shall in every respect be equal to that of men under similar circumstances. In all contractual situations where married men have the capacity to act, married women shall have equal rights.

(1) Women shall have the capacity to borrow and obtain loans and execute security and credit arrangement under the same conditions as men;

(2) Women shall have equal access to all government and private sector programs granting agricultural credit, loans and non-material resources and shall enjoy equal treatment in agrarian reform and land resettlement programs;

(3) Women shall have equal rights to act as incorporators and enter into insurance contracts; and (4) Married women shall have rights equal to those of married men in applying for passport, secure visas and other travel documents, without need to secure the consent of their spouses.

Sec 6. Equal Membership in Clubs Women shall enjoy equal access to membership in all social, civic and recreational clubs, committees, associations and similar other organizations devoted to public purpose. They shall be entitled to the same rights and privileges accorded to their spouses if they belong to the same organization.

Sec. 7- Admission to Military Schools.

 Any provision of the law to the contrary notwithstanding, consistent with the needs of the services, women shall be accorded equal opportunities for appointment, admission, training, graduation and commissioning in all military or similar schools of the Armed Forces of the Philippines and the Philippine National Police not later than the fourth academic year following the approval of this Act in accordance with the standards required for men except for those minimum essential adjustments required by physiological differences between sexes.

Section 8. Voluntary Pag-IBIG, GSIS and SSS Coverage.  Married persons who devote full time to managing the household and family affairs shall, upon the working spouse's consent, be entitled to voluntary Pag-IBIG (Pagtutulungan Ikaw, Bangko, Industriya at Gobyerno), Government Service Insurance System (GSIS) or Social Security System (SSS) coverage to the extent of one-half (1/2) of the salary and compensation of the working spouse. The contributions due thereon shall be deducted from the salary of the working spouse.  The GSIS or the SSS, as the case may be, shall issue rules and regulations necessary to effectively implement the provisions of this section.

Section 13. Effectivity Clause. - The rights of women and all the provisions of this Act shall take effect immediately upon its publication in the Official Gazette or in two (2) newspapers of general circulation. Approved, February 12, 1992.

r.A. 9710

HISTORICAL BACKGROUND:



- August 14, 2009 (GMA) - providing better protection for women. - NCRFW would be renamed the "Philippine Commission on Women“ - give way to the creation of the Gender Ombudsman under the CHR that will specifically handle women’s rights concerns. - The law also provide penalties for the violation of the provisions of the magna carta.

REPUBLIC ACT 9710: The Magna Carta of Women FEATURES OF THE LAW INCLUDE:

- Review amendment or repeal of laws that are discriminatory to women. - Ensure women’s equitable participation and representation in government, political parties, international bodies, civil service, and the private sector. - Afford equal opportunities to women in relation to education, employment, livelihood, social protection, and others, and including women in the military. - Mandate access to information pertaining to women’s health.

and

services

6 Chapters and 47 Sections I. II. III. IV. V. VI.

General Provisions Definition of Terms Duties Related to the Human Rights of Women Rights and Empowerment Rights and Empowerment of Marginalized Sectors Institutional Mechanisms

Magna of Women

a comprehensive human rights law

seeks to eliminate discrimination against women by recognizing protecting, fulfilling and promoting the rights of Filipino women, especially those in the marginalized sectors.

DISCRIMINATION Against Women  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;

DISCRIMINATION Against Women 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;

DISCRIMINATION Against Women 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 Against Women discrimination compounded by or intersecting with other grounds, status, or condition, such as ethnicity, age, poverty, or religion.

RIGHTS OF WOMEN

•Protection from all forms of violence, including those 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 genderbased violence.

RIGHTS OF WOMEN

•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.

RIGHTS OF WOMEN

•Equal treatment before the law, including the State's review and when necessary amendment or repeal of existing laws that are discriminatory to women; •Equal access and elimination of discrimination against women in education, scholarships and training.

RIGHTS OF WOMEN • Equal participation in sports. This includes measures to ensure that genderbased discrimination in competitive and non-competitive sports is removed so that women and girls can benefit from sports development; • Non-discrimination in employment in the field of military, police and other similar services.

RIGHTS OF WOMEN

•Non-discriminatory and nonderogatory 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;

RIGHTS OF WOMEN • 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;

RIGHTS OF WOMEN

• 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;

RIGHTS OF WOMEN • Equal rights in all matters relating to marriage and family relations. The State shall ensure the same rights of women and men to: = enter into and leave marriages, = freely choose a spouse, = decide on the number and spacing of their children, = enjoy personal rights including the choice of a profession, own, acquire, and administer their property, and acquire, change, or retain their nationality.

RIGHTS OF WOMEN

It also states that the betrothal and marriage of a child shall have no legal effect.

RIGHTS OF WOMEN

The Magna Carta of Women also guarantees the civil, political and economic rights of women in the marginalized sectors, particularly their right to:

RIGHTS OF WOMEN • Food security and resources for food production, including equal rights in the titling of the land and issuance of stewardship contracts and patents;

• Localized, accessible, affordable housing;

secure

and

• Employment, livelihood, credit, capital and technology;

• Skills training, scholarships, especially in research and development aimed towards women friendly farm technology;

RIGHTS OF WOMEN

= Representation and participation in policy-making or decision making bodies in the regional, national, and international levels; = Access to information regarding policies on women, including programs, projects and funding outlays that affect them; = Social protection;

RIGHTS OF WOMEN

=Recognition and preservation of cultural identity and integrity provided that these cultural systems and practices are not discriminatory to women; =Inclusion in discussions on peace and development; =Services and interventions for women in especially difficult circumstances or WEDC;

RIGHTS OF WOMEN

= Protection of girl-children against all forms of discrimination in education, health and nutrition, and skills development; and = Protection of women senior citizens.

marginalized sectors those who belong to the basic, disadvantaged, or vulnerable groups who are mostly living in poverty 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 security, physical infrastructure and the justice system these include, but are not limited to, women in the following sectors or 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, and Solo Parents.

How can Filipino women living abroad benefit from this law?

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. .

How can Filipino women living abroad benefit from this law?

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.

Who will be responsible for implementing the Magna Carta of Women? The State, the private sector, the 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 the Magna Carta of Women that falls within their mandate, particularly those that guarantee the rights of women requiring specific action from the State.

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

As the primary duty-bearer, the Government is tasked to: Ω refrain from discriminating against women and violating their rights; Ω protect women against discrimination and from violation of their rights by private corporations, entities, and individuals; Ω promote and fulfill the rights of women in all spheres, including their rights to substantive equality and non-discrimination.

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

The Government shall fulfill these duties through Ω the development and implementation of laws, policies, regulatory instruments, administrative guidelines, and other appropriate measures, including temporary special measures; Ω the establishment of 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.

What are the specific responsibilities of Government under the Magna Carta of Women? 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.

What are the penalties of violators under the 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.

Will the implementation of the Magna Carta of Women be funded? 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.