Presentation on theme: "Women's Rights are Human Rights: Magna Carta of Women – RA 9710"— Presentation transcript:
1 Women's Rights are Human Rights: Magna Carta of Women – RA 9710 PHILIPPINE FEDERATION OF LOCAL COUNCILS OF WOMEN (PFLCW, INC.)7th GENERAL ASSEMBLYDipolog CityNov , 2009
2 Salient Features of R. A. 9710: MAGNA CARTA OF WOMEN A presentation byAtty. Evelyn S. Dunuan,Commissioner for Indigenous Peoples, NCRFWNational Commission on the Role of Filipino Women (NCRFW)The Philippine Machinery for the Advancement of Women1145 J.P. Laurel St., San Miguel, Manila
3 Outline of Presentation: MCW’s HerstorySalient Features of the MCW
4 Background:Original version of the MCW was entitled Magna Carta for Rural Workers, filed in the 12th Congress ( ).13th Congress ( )– re-filing of bill on Magna Carta for Rural Workers; eventually revised as proposed Magna Carta for Women; principal author-Rep. Josefina Joson
5 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 CEDAWThus, the incorporation of the essential provisions of CEDAW that eliminate discrimination against women and promote women's human rights.
6 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.
7 SIGNIFICANT DATESDecember 10, 2008 (HOR); February 2, 2009 (Senate) - Approval on Third ReadingMarch 3, Bicameral Conference Committee Meeting March 5 - Senate approved the Bicameral Conference Committee ReportMarch 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
8 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.
9 Magna Carta of Women is numbered R.A.9710. 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.
10 Salient Features of the MCW: Coverage:General ProvisionsDefinition of TermsDuties Related to the Human Rights of WomenRights and EmpowermentRights and Empowerment of Marginalized SectorsInstitutional Mechanisms
11 Chapter I: General Provisions Declaration of PolicyAffirms 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 fieldsReaffirms 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
12 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 personRights-based approach principles
13 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 privilegesmeasures 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 rightsmeasures or practices of general application which resulted to greater adverse effects to women, more than men
14 Chapter II: Definition of Terms Defines marginalized sector to include women in the following sectors and groups:Small Farmers and Rural WorkersFisherfolkUrban PoorWorkers in the Formal EconomyWorkers in the Informal EconomyMigrant WorkersIndigenous PeoplesMoroChildrenSenior CitizensPersons with DisabilitiesSolo Parents
15 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
16 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
17 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
18 Chapter IV: Rights and Empowerment Right to Protection from ViolenceIncremental increase in the recruitment and training of women in fields that provide services for women victims of gender-related offensesProtection and security in situations of armed conflict and militarizationMandatory human rights and gender-sensitivity training for all government personnel involved in the protection and defense of women against gender-based violenceEstablishment of VAW Desk in every barangay
19 Chapter IV: Rights and Empowerment Right to protection and security in times of disasters, calamities, and other crisis situationsRight 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.
20 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
21 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 curriculaEncouraging enrollment of women in non-traditional skills training in vocational and tertiary levelsOutlawing the expulsion and non-readmission of women faculty due to pregnancy outside of marriageProhibiting 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.
22 Chapter IV: Rights and Empowerment Participation of women and girls in sportsElimination of discrimination against women in the military, police and other similar servicesNon-discriminatory and non-derogatory portrayal of women in media and film
23 Chapter IV: Rights and Empowerment 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
24 Chapter IV: Rights and Empowerment Right to HealthA. Comprehensive Health Services ensures 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 disordersPrevention of abortion and management of pregnancy-related complications
25 Chapter IV: Rights and Empowerment Right to HealthA. Comprehensive Health Services ensures 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
26 Chapter IV: Rights and Empowerment 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
27 Chapter IV: Rights and Empowerment Special leave benefit of 2 months with full pay following surgery caused by gynecological disordersEqual rights in all matters relating to marriage and family relations
28 Chapter V: Rights and Empowerment of Marginalized Sectors Right 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
29 Chapter V: Rights and Empowerment of Marginalized Sectors Recognition and Preservation of Cultural Identity and IntegrityPeace and DevelopmentParticipation in discussions and decision-making in the peace processInclusion of women’s concerns in the peace agendaConsideration for the specific needs of women and girls in the protection of civilians in conflict-affected communitiesInclusion 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
30 Chapter V: Rights and Empowerment of Marginalized Sectors Services and Interventions for women in especially difficult circumstancesProtection of Girl-ChildrenProtection of Senior CitizensRecognition and protection of women’s rights defined under the MCW, including right to non-discriminationProhibition of discrimination against women
31 Chapter VI: Institutional Mechanisms Gender 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 MCWGAD 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
32 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 rightsMonitoring of progress and implementation
33 Chapter VI: Institutional Mechanisms Penal provisionsEstablishment of incentives and awards systemsFunding: 5% GAD budget to be utilized for the programs and activities to implement the MCWImplementing rules and regulations shall be formulated within 180 days after effectivity