magna carta of women by lorna mandin

Republic Act 9710:Republic Act 9710:An Act Providing for An Act Providing for the Magna Carta of the Magna Carta of

WomenWomenTHE “BILL OF RIGHTS” OF FILIPINO WOMEN

approved 14 August 2009.

R.A. 9710 seeks to eliminate discrimination

against women by recognizing, protecting, fulfilling and

promoting the rights of Filipino women.

These rights include all rights in the Philippine Constitution and those

rights recognized under the international instruments signed and ratified by the Philippine Government.

I. General Provisions (Secs. 1-3)II. Definition of Terms (Sec. 4)III. Duties Related to the Human Rights of

Women (Sec. 5)IV. Rights and Empowerment (Secs. 8-19)V. Rights and Empowerment of

Marginalized Sectors (Secs. 20-35)VI. Institutional Mechanisms (Secs. 36-

42) Other Provisions (Secs. 43-47)

6 Chapters and 47 6 Chapters and 47 SectionsSections

Among these rights are:Among these rights are:Non-discrimination in employment in the

field of military, police, and other similar services

Non-Discriminatory and non-derogatory portrayal of women in media and film

Comprehensive health services and health information and education

Leave benefitsEqual rights in all matters related to

marriage and family relations

Among these rights are:Among these rights are:* Protection from all forms of violence,

including those committed by the State* Protection and security in times of

disaster, calamities and other crisis situations

* Participation and representation* Equal treatment before the law* Equal access and elimination of

discrimination against women in education, scholarships and training

* Equal participation in sports

• MCW also guarantees the civil, political and economic rights of women in the marginalized sectors

• The law also renames the NCRFW to PCW with stronger and wider authority and coverage.

• mandates the DOLE, DSWD, CHR, to help strengthen Philippine foreign posts' programs for the delivery of services to women migrant workers.

Challenges:1. Stakeholders’ responsiveness2. Translating into action and results – MCW

provisions 3. Providing guidance and inspiration for

other women – model

““Women hold half the sky. Women hold half the sky. We have our rightful place We have our rightful place in a just and gender-fair in a just and gender-fair

society. society. We should not cease to We should not cease to

struggle for our rights and struggle for our rights and freedom.”freedom.”

Thank Thank youyou

Republic Act 9710:Republic Act 9710:

An Act Providing for the An Act Providing for the Magna Carta of WomenMagna Carta of Women

I. General Provisions (Secs. 1-3)II. Definition of Terms (Sec. 4)III. Duties Related to the Human Rights of

Women (Sec. 5)IV. Rights and Empowerment (Secs. 8-19)V. Rights and Empowerment of

Marginalized Sectors (Secs. 20-35)VI. Institutional Mechanisms (Secs. 36-

42) Other Provisions (Secs. 43-47)

6 Chapters and 47 6 Chapters and 47 SectionsSections

Chapter I: General ProvisionsChapter I: General ProvisionsDeclaration 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

Chapter I: General ProvisionsChapter I: General ProvisionsPrinciples 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 TermsChapter II: Definition of Terms Defines Discrimination Against Women in accordance with the

Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW):◦ 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;

◦ 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;

◦ 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 …; and

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

Chapter III: Duties Related to the Chapter III: Duties Related to the Human Rights of WomenHuman 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 EmpowermentChapter IV: Rights and EmpowermentHuman 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 EmpowermentChapter IV: Rights and EmpowermentRight to Protection from

Violence, including those committed by the State◦ Incremental increase in the recruitment

and training of women in fields that provide services for women victims of gender-related offenses (50-50 in police force..)

◦ Protection and security in situations of armed conflict and militarization

Chapter IV: Rights and EmpowermentChapter IV: Rights and Empowerment`(cont...) Right to Protection from Violence,

including those committed by the State◦ 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

Right to protection and security in times of disasters, calamities, and other crisis situations especially in all phases of relief, recovery, rehabilitation and construction efforts, including protection from sexual exploitation.

Chapter IV: Rights and EmpowermentChapter IV: Rights and EmpowermentRight 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 (50-50) , development councils and planning bodies, international bodies, political parties, private sector, and other policy and decision-making bodies.

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 EmpowermentChapter IV: Rights and Empowerment

◦ 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.

• Right to equal access and elimination of discrimination in education, scholarships, and training:

Chapter IV: Rights and EmpowermentChapter IV: Rights and Empowerment• Right to equal participation in sports

– measures to ensure that gender-based discrimination in competitive and non-competitive sports is removed so that women and girls can benefit from sports development

• Non-discriminatory and non-derogatory 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

Chapter IV: Rights and EmpowermentChapter IV: Rights and EmpowermentRight to non-discrimination in employment

in the field of military, police and other similar services:◦ according the same promotional privileges and

opportunities as their men counterpart, including pay increases, additional benefits, and awards, based on competency and quality of performance;

◦ the dignity of women in the military, police and other similar services shall always be respected;

◦ they shall be accorded with the same capacity as men to act in and enter into contracts, including marriage; they shall be entitled to leave benefits for women such as maternity leave, as provided for in existing laws;

Chapter IV: Rights and Chapter IV: Rights and EmpowermentEmpowerment

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, ethical, legal, safe and

effective methods of family planning Family and State collaboration in youth

sexuality education and 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



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


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 Ethical, legal, safe and effective family

planning methods including fertility awareness


Right to Special leave benefits◦ 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;

Chapter IV: Rights and EmpowermentChapter IV: Rights and EmpowermentEqual 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 and to enter into

marriage only with their free and full consent;◦ decide on the number and spacing of

their children;◦ enjoy personal rights including the choice of

profession, own, acquire, and administer their property; and

◦ acquire, change or retain their nationality

Chapter V: Rights and Empowerment Chapter V: Rights and Empowerment of Marginalized Sectorsof Marginalized Sectors

Right to Food Security and Productive Resources, including equal right in the titling of the land and issuance of stewardship contracts and patents;

Right to localized, accessible, secure and affordable housing;

Chapter V: Rights and Empowerment Chapter V: Rights and Empowerment of Marginalized Sectorsof Marginalized SectorsRight to Decent Work, which include the right to:

◦ Support services and gears to protect women from occupational and health hazards taking into account their maternal functions;

◦ Support services that will enable work and family life balance;

◦ Union membership;◦ Respect for the observance of indigenous cultural

practices even in the workplace

The law also mandates to State to:◦ Ensure decent work standards for women that involve

the creation of jobs of acceptable quality in conditions of freedom, equity, security, and human dignity;

◦ Exert efforts to create local employment and other economic opportunities to address out-migration

Chapter V: Rights and Empowerment Chapter V: Rights and Empowerment of Marginalized Sectorsof Marginalized SectorsRight to Livelihood, Credit, Capital, and

Technology◦ Equal access to formal sources of credit and

capital;◦ Equal share to the produce of farms and aquatic

resources;◦ Skills and entrepreneurship development of

returning women migrant workers

Right to skills training and scholarships, especially in research and development aimed towards women-friendly farm technology;

Chapter V: Rights and Empowerment Chapter V: Rights and Empowerment of Marginalized Sectorsof Marginalized SectorsRight to representation and participation in

policy-making or decision-making bodies in the regional, national, and international levels, including ensuring the participation of grassroots women leaders in decision and policy making bodies in their respective sectors like:◦ Presidential Agrarian Reform Council and its local

counterparts;◦ National Fisheries and Aquatic Resources Management

Council;◦ Community-based resource management bodies or

mechanisms on forest management and stewardship;◦ National Commission on Indigenous Peoples;◦ Presidential Commission for the Urban Poor;◦ National Anti-Poverty Commission; and◦ Local Housing Boards (where applicable)

Chapter V: Rights and Empowerment Chapter V: Rights and Empowerment of Marginalized Sectorsof Marginalized SectorsRight to access to information regarding policies on

women, including programs, projects and funding outlays that affect them

Right to Social Protection◦ SSS and Philhealth support to indigenous and community-

based social protection schemes;◦ Institutionalization of policies and programs that seek to

reduce the poverty and vulnerability to risks and enhance the social status and right of the marginalized women;

◦ The State is also mandated to: Endeavor to reduce and eventually eliminate transfer costs of

remittances and provide access to investment opportunities for remittances in line with national development efforts

Establish health insurance program for senior citizens and indigents

Support women with disabilities on a community-based social protection scheme

Chapter V: Rights and Empowerment Chapter V: Rights and Empowerment of Marginalized Sectorsof Marginalized SectorsRecognition and Preservation of Cultural

Identity and IntegrityPeace 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

Chapter V: Rights and Empowerment Chapter V: Rights and Empowerment of Marginalized Sectorsof Marginalized Sectors

Services and Interventions for women in especially difficult circumstances (WEDC)

Protection of Girl-Children – measures to eliminate all forms of discrimination against girl-children in education, health and nutrition and skills development

Protection of women Senior Citizens from neglect, abandonment, domestic violence, abuse, exploitation and discrimination

The Magna Carta of Women also The Magna Carta of Women also provides for the:provides for the:

Recognition and protection of women’s rights defined under the Act, including their right to non-discrimination;

Prohibition of discrimination against women

Chapter VI: Institutional Chapter VI: Institutional MechanismsMechanismsGender 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

Chapter VI: Institutional Chapter VI: Institutional MechanismsMechanismsStrengthens 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 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 women's rights

Monitoring of progress and implementation

Chapter VI: Institutional Chapter VI: Institutional MechanismsMechanisms

Penal provisions◦ 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.


Establishment of incentives and awards systems

Funding: 5% GAD budget to be utilized for programs and activities to implement the MCW. 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.


Implementing rules and regulations shall be formulated within 180 days after effectivitySeparability clauseRepealing clauseEffectivity clause – the Act shall take effect fifteen days (15) after its publication in at least two (2)

newspapers of general circulation

Republic Act No. 9710 was published in the 31 August 2009 issue of the Philippine Daily Inquirer

and Malaya newspapers

magna carta of women by lorna mandin

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