1. 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 , 2009

2. 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

3. Outline of Presentation:
MCW’s Herstory
Salient 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 CEDAW
Thus, the incorporation of the essential provisions of CEDAW that eliminate discrimination against women and promote women's human rights.

6. 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.

7. SIGNIFICANT DATES
December 10, 2008 (HOR); February 2, 2009 (Senate) - Approval on Third Reading
March 3, 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

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

11. 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

12. 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

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 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

14. 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

15. 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

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-Bearer
Duties of the State Agencies and Instrumentalities
Suppletory 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 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

19. 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.

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 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.

22. 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

23. 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

24. 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

25. 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

26. 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

27. 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

28. 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

29. 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

30. 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

31. 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

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 rights
Monitoring of progress and implementation

33. 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

34. Thank you!