More than 5 years after Magna Carta of Women was enacted, let us revisit some of its provisions and identify issues that need to be addressed for improvement of its implementation.
- 1.MAGNA CARTA OFWOMEN:ARevisitAGNES SULIT-RAMIREZVice President for NCRPhilippine Federation of Local Councils of Women
2. Section 20. Womens Right to HealthComprehensive Health Information and EducationRESPONSIBLE AGENCIES: DEPED, CHED AND GOVTAGENCIES WITH HEALTH-RELATED PROGRAMS ANDSERVICES Age appropriate adolescent health and sexuality educationtaught by trained educators in both public and private schools Sexuality education for parentsPrograms for the elderly womenTrainings for health service providers/educators towardsgender-responsive, culture-sensitive, non-discriminatory andnon-judgmental behaviors and attitudes Health and sexuality education/counseling available in teencenters 3. What is the Magna Carta ofWomen (MCW)?Comprehensivewomens humanrightslawSeeks to eliminate discrimination against women byrecognizing, protecting, fulfilling and promoting the rightsof Filipino women 4. What is discrimination againstwomen?Gender-based distinction, exclusion or restriction that impairs enjoymentby women of human rights and freedom in political, economic,social, cultural civil or any other fieldOmission that excludes women from enjoyment ofopportunities, benefits or privileges 5. Womens Rights spelledout in the Magna Cartaof Women 6. THREE STRATEGIC WINDOWSEconomic powerPolitical voiceLegal rights 7. ECONOMICPOWER 8. Section 23. Food Security andProductive ResourcesB. Right to Resources for Food Production Equal status between men and women in the titling of theland and issuance of contracts and patents, and in the filing,acceptance, processing, and approval of public landapplications particularly for Emancipation Patent (EP) andCertificate of Land Ownership Award (CLOA) (DAR) Certificate of Stewardships shall be issued in the name ofBOTH spouses (DENR) 9. Section 25. Right to Decent WorkDOLE and CSC to: Advance womens rights to decent workFacilitate adequate consultative mechanisms with workers andemployers groupsEnsure the provision of support services and gears to protectwomen from occupational and health hazards taking intoaccount womens maternal functions Work closely with both the employers and unions or workerrepresentatives, in the private sector in promoting a safe andhealthy workplace 10. Section 26. Right to Livelihood,Credit, Capital and TechnologyDOF, DTI, BSP, PCFC, GFIs and MFIs shall formulateand implement policies, plans and programs to givewomen easy access to capital and credit for businessenterprisesDOLE, TESDA, NAPC, DOST, DTI, DSWD, DA, DOF,BSP, TRC and other BSOs shall ensure availability oftrainings and capacity building programs for womenpotential entrepreneurs and ensure provision of supportservicesDOLE shall ensure the integration of returning womenmigrant workers into the labor force 11. Section 30. Social ProtectionSustain labor market programs to create employmentand alternative livelihood (DOLE, DTI, DSWD, LGUs andother similar agencies) Reduce transfer costs of remittances from abroad (DFA,BSP)Establish a health insurance program for senior citizens(PhilHealth and LGUs)Support community-based social protection scheme anddevelop social protection programs for women withdisabilities (NCDA, PhilHealth, SSS, GSIS, LGUs) 12. Section 30. Social Protection SSS and PhilHealth shall support indigenous and community-based social protection schemes, and conduct regular reviewand consultations to ensure benefit packages are responsive andaffordable to marginalized sectors Provide learning sessions on womens safety and healththrough existing structures within the LGUs or by creating newmechanisms (DOLE and LGUs) Mainstream programs on poverty reduction and disaster riskreduction (NAPC and disaster coordinating councils together with LGUs) 13. Section 27. Right to Educationand Training (for migrantworkers)DOLE and other concerned agencies shall ensure theprovision of the following: Training institutions accessible to migrant women irrespective of age, ethnicity,religion, class and marital status Extensive dissemination of training and scholarship programs that will widentheir career options Language skills training and culture familiarization on the country of destination Database on returning migrant workers who would want to avail of skillsdevelopment and training GSTs and Seminars 14. POLITICALVOICE 15. Section 12. Protection fromViolenceRESPONSIBLE AGENCIES: CSC, DBM, NAPOLCOM, NBI,DOJ. Incremental increase in the recruitment and training of women in thepolice force, forensics and medico-legal, legal services, and social workservices within the next 5 years until 50% are women No women shall be forcibly recruited/required to take part in armedconflict Mandatory training on gender and human rights for all governmentpersonnel Establishment of a VAW Desk in all barangays 16. Section 14. Participation andRepresentation 50-50 gender balance in 5 years for women employees for third-levelpositions (CESB, CSC) 40% membership of women in all development councils (RDCs forregional development councils, LGUs for local developmentcouncils) Women represented in other policy and decision-making bodies Review of policies on recruitment and selection, qualifyingexaminations, assignment of posts and missions (DFA, DTI, DSWD,DOLE) to incorporate womens political participation in their guidelines(COMELEC) 17. Section 28. Right to Participationand Representation Ensure womens participation in all decision-makingand policy-making bodies in national, regional andlocal levels in the following:- PARC, PARCCOM, BARC, community-basedmanagement bodies/mechanisms, NAFC,NFARMC, NCIP, PCUP, LHBs, NAPC BasicSectoral Councils- ensure sectoral councils have at least 30% womenmembership (NAPC) 18. SOCIAL/LEGAL RIGHTS 19. Section 12. Protection fromViolenceAll barangays shall establish a Violence AgainstWomen (VAW) Desk. RESPONSIBLE AGENCIES/INSTITUTIONS:PCW, DILG, DSWD, DOH, and DepEd, ALLBARANGAYS, PROVINCIAL GOVERNORS,CITY AND MUNICIPAL MAYORS 20. Section 15. Equal TreatmentBefore the Law Prioritizing the repeal/amendment of the discriminatoryprovisions of existing lawsFamily Code of the PhilippinesDecision-making in the family (Art. 14, 96 and 124, 211, 225,55)Revised Penal Codeon adultery and concubinage (Art. 333-334)on definition of vagrants and prostitution (Art. 202)on premature marriage (Art. 351)on night work prohibition (Art. 30 of the Labor Code) Section on disputable presumptions of the Rules of Court (Art.130)Code of Muslim Personal LawsRA 8353 removal of criminal liability of rapist when victim marrieshim LGUs to review local existing ordinances and policies 21. Section 16. Equal Access and Elimination ofDiscrimination in Education, Scholarships, andTraining Development and promotion of a gender-sensitivecurriculum and gender-fair instructional materials (DepEd,CHED, TESDA) More women in non-traditional skills trainingProhibition of expulsion and non-readmission of womenfaculty and students due to pregnancy outside marriage(DepEd, CHED, TESDA to monitor and ensurecompliance) 22. Section 21. Special LeaveBenefits for Women Special leave of 2 months with full pay for femaleemployees who underwent surgery caused bygynecological disorders The following terms and conditions shall apply:1. She has rendered at least six (6) months continuous aggregateemployment service for the last twelve (12) months prior to surgery;2. In the event that an extended leave is necessary, the femaleemployee may use her earned leave credits; and3. This special leave shall be non-cumulative and non-convertible tocash. CSC and DOLE to issue further guidelines andappropriate memorandum circulars within sixty (60) daysfrom the adoption of the IRR 23. Section 20. Womens Right to Health STIs, HIV and AIDS Prevention of abortion andmanagement of pregnancy-relatedcomplications Violence against Women Infertility and sexual dysfunctions Care of elderly women Mental health management,treatment and interventions Pre-natal services, deliveryand post-natal services Breastfeeding and propernutrition for lactating mothers Responsible, ethical, legal,safe, and effective method offamily planning Family and State collaboration inyouth sexuality education Reproductive tract cancersComprehensive health services - ensure access to thefollowing programs and services: 24. Section 20. Womens Right to HealthRoles of Agencies Development and institutionalization of sex-disaggregateddatabank on health-related concerns (DOH) Provision of functional girl-child and adolescent health services inevery school (DepEd with DOH) Inclusion of maternal care and womens health services in itsbenefit packages (PhilHealth) DOLE to require workplaces to provide facilities for women (ie.Breastfeeding areas, toilets and dressing rooms) 25. Section 20. Womens Right to HealthRoles of LGUs Implement gender-responsive, rights-based and culture-sensitive localordinances and policies that promote the comprehensive health of girls,adolescents, women and elderly women Formulate a health human resource development plan to ensure sufficient no.of skilled health professionals to attend to all deliveries, and availability ofqualified and capable health service providers Develop health programs that:Encourage constituents to access and demand services for women & girlsInvolve women and girls in planning health programs and in decision-makingAllocate budget or resources for implementing programs for women andgirls in the local level 26. Section 20. Womens Right to HealthRoles of LGUs Monitor progress of programs for women and girls Enhance parent effectiveness services, programs and educational activitieson gender-based violence and other forms of VAW in the barangay Coordinate with DOH in the organization of inter-local health zones Strengthen the local health board Develop awards system to encourage excellent performance in theimplementation of womens health programs Organize communities to implement health programs for women and girls Continue dialogues to clar