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MCWs Herstory

Salient Features of the MCW


Original version of the MCW was
entitled Magna Carta for Rural
Workers, filed in the 12th Congress
(2001-2004).
13th Congress (2004-2007) re-filing
of bill on Magna Carta for Rural
Workers; eventually revised as
proposed Magna Carta for Women;
principal author-Rep. Josefina Joson
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.
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.
December 10, 2008 (HOR); February 2, 2009
(Senate) - Approval on Third Reading
March 3, 2009 - 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
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.
PGMA signed the MCW into law in
Malacaan Palace on August 14,
2009.
Effectivity15 days after
publication in at least two
newspapers of general circulation.
Magna Carta of Women is
numbered R.A.9710.
Coverage:
I. General Provisions
II. Definition of Terms
III. Duties Related to the Human Rights of
Women
IV. Rights and Empowerment
V. Rights and Empowerment of Marginalized
Sectors
VI. Institutional Mechanisms
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 womens 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
womens 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
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
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
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
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
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
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
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
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
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 womens 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.
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
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.
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
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
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
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
Right to Health
B. Comprehensive health information and
education on all aspects of womens 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 persons sexuality that affirms
human dignity
Legal, ethical, safe and effective family planning
methods including fertility awareness
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
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
Recognition and Preservation of Cultural Identity
and Integrity
Peace and Development
Participation in discussions and decision-making in the
peace process
Inclusion of womens 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 womens role in conflict-
preventions, management and resolution and
peacemaking, and in indigenous systems of conflict
resolution
Services and Interventions for women in
especially difficult circumstances
Protection of Girl-Children
Protection of Senior Citizens
Recognition and protection of womens
rights defined under the MCW, including
right to non-discrimination
Prohibition of discrimination against
women
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
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
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
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

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