R.A. 9710

Brief Background:

According to the National Commission on the Role of Filipino Women (NCRFW), legislative debates on 2 bills Magna Carta for Women and Magna Carta of Women in Rural Development began in 2002 during the 12th Congress.The two bills were merged in the 13th Congress, and came to be called Magna Carta of WomenThe NCRFW said womens groups lobbied intensely for the approval of the measure in the Senate and the House of Representatives, but it was fast-tracked after Ms Arroyo declared it one of her priority bills.It was approved on August 14, 2009

What is Magna Carta of Women?

Human rights principles of women are: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

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 the basis of equality of men and women, human rights and fundamental freedoms in the political, economic, social , cultural, civil or any other field

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 enjoyment of opportunities, benefits or privileges.

A measure or practice of general application that fails to provide for mechanisms of sex or gender-based disadvantages or limitations of women

Discrimination compounded by intersecting with other grounds status or condition such as ethnicity, age, poverty or religion

RIGHTS andEMPOWERMENT

Human rights of women all rights in the Constitution and those rights recognized under international instruments duly signed and ratified by the Philippines, in consonance with Philippine law shall be the rights of women under MCF:

Protection from ViolenceProtection and security in times of disasters and calamitiesParticipation and RepresentationEqual treatment before the lawEqual access and elimination of discrimination in education, scholarships and trainingsWomen in SportsWomen in militaryNon-discriminatory and non-derogatory portrayal in media and filmRight to healthSpecial leave benefitsEqual rights in all matters relating to marriage and family

RIGHTS andEMPOWERMENTof MARGINALIZED SECTORS

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 information

Social protection

Recognition and preservation of cultural identity and integrity

Peace and developmentWomen in marginalised sectors are guaranteed all civil, political, social, and economic rights recognised, promoted and protected under existing Laws and Acts:

Women in especially difficult circumstances [WEDC] - this refers to victims a, trafficking, survivors of sexual and physical abuse, illegal recruitment, prostitution, armed conflictTemporary and protective custody

Medical and dental services

Psychiatric evaluation

Productivity skills capability building

Legal services

Livelihood assistance

Job placement

Financial assistance

Transportation assistance

How can Filipino women living abroad benefit from this law?Section 37 of the Magna Carta of Women mandates the designation of agender focal point in the consular section of Philippine embassies orconsulates. The said officer who shall be trained on Gender andDevelopment shall be primarily responsible in handling gender concerns ofwomen migrant workers, especially those in distress. Other agencies (e.g.the Department of Labor and Employment and the Department of SocialWelfare and Development) are also mandated to cooperate in strengtheningthe Philippine foreign posts' programs for the delivery of services to womenmigrant workers, consistent with the one-country team approach in ForeignService.

Who will be responsible for implementing the Magna Carta ofWomen?The State, the private sector, society in general, and all individuals shallcontribute to the recognition, respect and promotion of the rights of womendefined and guaranteed in the Magna Carta of Women.The Philippine Government shall be the primary duty-bearer inimplementing the said law. This means that all government offices,including local government units and government-owned and controlledcorporations shall be responsible to implement the provisions of MagnaCarta of Women that falls within their mandate, particularly those thatguarantee rights of women that require specific action from the State.

As the primary duty-bearer, the Government is tasked to: refrain from discriminating against women and violating theirrights; protect women against discrimination and from violation of theirrights by private corporations,entities, and individuals; promote and fulfill the rights of women in all spheres, includingtheir rights to substantive equalityand non-discrimination.The Government shall fulfill these duties through the development andimplementation of laws, policies, regulatory instruments, administrativeguidelines, and other appropriate measures, including temporary specialmeasures. It shall also establish mechanisms to promote the coherent andintegrated implementation of the Magna Carta of Women and other relatedlaws and policies to effectively stop discrimination against Filipino women.

INSTITUTIONALMECHANISMS

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

(Gender and Devt) 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

Strengthens the National Commission on the Role of Filipino women (NCRFW) as the governments policy making and coordinating body on womens empowerment and gender equality concerns, and renames 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 womens rights

Monitoring of progress and implementation

How will the implementation of the Magna Carta of Women befunded?The Magna Carta of Women provides that the State agencies should utilizetheir gender and development budgets for programs and activities toimplement its provisions. Funds necessary for the implementation of theMagna Carta of Women shall be charged against the current appropriationsof the concerned agencies, and shall be included in their annual budgets forthe succeeding years.The Magna Carta of Women also mandates the State to prioritize allocationof all available resources to effectively fulfill its obligations under the saidlaw.

Penal ProvisionsIf the violation is committed by a government agency or any government office, including government-owned 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 sanction 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 offences 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.

IMPORTANT PROVISIONS OF THE MAGNA CARTA OF WOMENThe law tasked the government to ensure that women are protected from all forms of violence. Equal opportunity for women is promoted under the law.In education, the law requires that all educational materials and curriculums that tend to stereotype women be revised.In family relations, the law grants women equal weight in all decision making processes.All civil, political, social and economic rights of women in marginalized sectors should be promoted and protected under existing laws.The law mandates the government to ensure the protection and promotion of migrant womens rights and welfare.

Evaluation of the Law RA 9710 recognizes and protects womens rights at home, at work and in all spheres of society toward developing all aspects of their well-being.