SOCIAL

LEGISLATION ON
WOMEN
Maricar Corina Canaya

Constitutional Provisions
Article II, Section 14:
The State recognizes the role of women
in nation-building, and shall ensure the
fundamental equality before the law of
women and men.

International
Laws and
Treaties

Convention on the
Elimination of all Forms of
Discrimination Against
Women (CEDAW)

DISCRIMINATION
"...any distinction, exclusion or
restriction made on the basis of sex
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."

By accepting the Convention, States

commit to:
to incorporate the principle of
equality of men and women in their
legal system
to establish tribunals and other
public institutions to ensure the
effective protection of women
to ensure elimination of all acts of
discrimination against women

Millennium Development Goals

The third MDG focuses on promoting
gender equality and women
empowerment which include
(1) ratios of girls to boys in primary,
secondary and tertiary education,
(2) share of women in wage employment
in the non-agricultural sector, and
3) proportion of seats held by women in
national parliament.

Local Laws
RA 6949(April 10, 1990)
An Act to Declare March Eight of Every
Year as a Working Special Holiday to
be Known as National Women's Day
RA 6955(June 13, 1990)
An Act to Declare Unlawful the
Practice of Matching for Marriage to
Foreign Nationals on a Mail-Order
Basis and For Other Similar Practices

 RA 7192(December 11, 1991)

An Act Promoting the Integration of Women
as Full and Equal Partners of Men in
Development and Nation Building and for
Other Purposes
RA 7309(March 30, 1992)
An Act Creating a Board of Claims Under the
Department of Justice for Victims of Unjust
Imprisonment or Detention and Victims of
Violent Crimes and for Other Purposes

 RA 6972(November 23, 1990)

An Act Establishing a Day Care Center in
Every Barangay Instituting Therein a Total
Development and Protection of Children
Program
RA 7610(June 17, 1992)
An Act Providing for Stronger Deterrence and
Special Protection Against Child Abuse,
Exploitation and Discrimination, Providing
Penalties for its Violation, and for Other
Purposes

 RA 9208(May 26, 2003)

An Act to Institute Policies to Eliminate
Trafficking in Persons Especially Women
and Children, Establishing the Necessary
Institutional Mechanisms for the Protection
and Support of Trafficked Persons,
Providing Penalties for its Violations, and
for Other Purposes
RA 9262(March 8, 2004)
An Act Defining Violence Against Women
and Their Children, Providing Protective
Measures for Victims, Prescribing Penalties
Therefor and for Other Purposes

Magna Carta for

Women
(RA 9710)

 It shall promote empowerment of

women and
pursue equal opportunities for
women and men and ensure equal
access to
resources and to development
results and outcome.

PURPOSE
Abolish unequal structures that
perpetrate discrimination
Revise gender stereotypes in educ.
Materials
Increase the no of women in
discussions

PURPOSE
Eliminate the discrimination of
women in the military, police, and
other similar services
Promote the rights of Moro and
indigenous women to practice,
promote and preserve their own
culture, traditions and institutions

 Give special consideration for special

needs of women in conflict-affected
communities
Adopt measures to:
Protect girl-children from all forms of
abuse
Eliminate all forms of discrimination of
girlchildren in education
Ensure equal access in the Madaris

Equal rights in all matters relating

to Marriage
Right to enter into and leave
marriage
Right to freely choose a spouse
Right to enjoy the same personal
right as their spouses or their
common law spouses
Right to freely choose a profession
or occupation

Right to be Protected From All Forms

of Violence

50% of the personnel in the

police force, legal services,
forensics and protection of
women against gender-based
offense

Right to Participation and Equitable

Representation in all Spheres of Society

Ensure that 50% of 3rd level positions

in the govt are held by women
Ensure that 40% of membership in all
provincial, city, municipal and brgy
development are composed of
women
Encourage women leadership in
private sector

Right to Special Leave

Benefits
Women employees who have
undergone surgery caused by
gynaecological disorders are
entitled to special leave benefit
to two (2) month.

Anti-Violence Against
Women and their
Children Act of 2004
RA 9262

Violence against women and

children
Refers to physical, sexual,
psychological, or economic abuse by
a person:
A. against a woman:
Who is his wife or former wife; or
With whom he has or had a sexual or dating
relationship; or
With whom he has a common child

 Violence against women and their children

is not confined to physical violence
Victim may not necessarily be the wife
or former wife she could be any woman
who:
Had sexual relationship with the offender
Had dating relationship with the offender

Physical violence
It is the infliction of bodily harm
In the form of battery, assault,
coercion, harassment, or
arbitrary deprivation of liberty
This results to physical and
psychological or emotional
distress

Sexual Violence
It may be in the form of the
following:
Rape, sexual harassment
Treating a woman/child as sex objects
Making demeaning and sexually
suggestive remarks
Physically attacking the sexual parts of
the body
Forcing woman/child to watch obscene
publications

 Forcing the wife and mistress/lover to

live in the conjugal home or sleep
together in the same room with the
abuser
Acts causing or attempting to cause
victim to engage in sexual activity by
force

Economic Abuse
Refers to:
Withdrawal of financial support
Preventing the woman from engaging in any
legitimate profession, occupation, business or
activity, except in cases wherein the other
spouse objects on valid, serious and moral
grounds
Deprivation or threat of deprivation of financial
resources
Destroying household property
Controlling the victims own money

Protection Order
Victims of violence against women
and their children can apply for
protection order to prevent further
acts by asking for protection order,
such as:
Barangay Protection Order
Temporary Protection Order
Permanent Protection Order

Barangay Protection Orders (BPOs);

refer to the protection order issued by
thePunong Barangayordering the perpetrator to
desist from committing acts
APunong Barangaywho receives applications for
a BPO shall issue the protection order to the
applicant on the date of filing afterex
partedetermination of the basis of the
application.
If thePunong Barangayis unavailable to act on
the application for a BPO, the application shall be
acted upon by any availableBarangay Kagawad.

 If the BPO is issued by aBarangay

Kagawadthe order must be
accompanied by an attestation by
theBarangay Kagawadthat
thePunong Barangaywas unavailable
at the time for the issuance of the BPO.
BPOs shall be effective for fifteen (15)
days. Immediately after the issuance of
anex parteBPO

Temporary Protection
Orders
refers to the protection order issued
by the court on the date of filing of
the application afterex
partedetermination that such order
should be issued.
A court may grant in a TPO any, some
or all of the reliefs mentioned in this
Act and shall be effective for thirty
(30) days.

 The court shall schedule a hearing on the

issuance of a PPO prior to or on the date of
the expiration of the TPO.
The court shall order the immediate personal
service of the TPO on the respondent by the
court sheriff who may obtain the assistance of
law enforcement agents for the service.
The TPO shall include notice of the date of the
hearing on the merits of the issuance of a
PPO.

 The court shall schedule a hearing on

the issuance of a PPO prior to or on
the date of the expiration of the TPO.
The court shall order the immediate
personal service of the TPO on the
respondent by the court sheriff who
may obtain the assistance of law
enforcement agents for the service.
The TPO shall include notice of the
date of the hearing on the merits of

Permanent Protection
Orders
refers to protection order issued by
the court after notice and hearing.
Respondents non-appearance despite
proper notice, or his lack of a lawyer,
or the non-availability of his lawyer
shall not be a ground for rescheduling
or postponing the hearing on the
merits of the issuance of a PPO.

 The court shall, to the extent possible,

conduct the hearing on the merits of the
issuance of a PPO in one (1) day.
Where the court is unable to conduct the
hearing within one (1) day and the TPO
issued is due to expire, the court shall
continuously extend or renew the TPO for
a period of thirty (30) days at each
particular time until final judgment is
issued.

If there is a battle for custody of

children

The woman victim is entitled to

the custody and support of
children
Children below seven (7) y/o with
mental or physical disabilities
shall automatically be given to
the mother with the right of
support, unless proven otherwise

Leave for victims of VAWC

They are entitled to 10 days of leave
of absence with pay under the Labor
Code and Civil Service Rules and
Regulations