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MAGNA CARTA OF

WOMEN
RA 9710
History
• Original version of the MCW was entitled Magna Carta
for Rural Workers, filed in the 12th Congress during
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


History
• PGMA signed the MCW into law in Malacañan Palace on
August 14, 2009.

• Effectivity—15 days after publication in the general


circulation.

• Magna Carta of Women is numbered R.A.9710.


Salient Features of the MCW:

I. General Provisions
II. Definition of Terms

I. Duties Related to the Human Rights of Women


II. Rights and Empowerment
III. Rights and Empowerment of Marginalized
Sectors
IV. Institutional Mechanisms
General Provisions
• 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
Definition of Terms
• Discrimination Against Women defines that

• 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

• 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
Definition of Terms
• 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
Empowerment and rights
• 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 and security in times of disasters,
calamities, and other crisis situations
• 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
Empowerment and rights
• 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
• 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
• Comprehensive Health Services ensures 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

• Services for survivors of VAW


Right to Health
• Comprehensive health information and education on all aspects of
women’s health referred to in paragraph. A, for women in all
sectors, with due regard to:

• Natural and primary right and duty of parents in rearing the youth

• Legal, ethical, safe and effective family planning methods including


fertility awareness
Rights and Empowerment of Marginalized
Sectors
• Right to education and Training
• Right to Livelihood, Credit, Capital, and Technology
• Right to Food Security and Productive Resources
• Right to Housing
• Right to Decent Work
• Right to Information
• Right to Representation and Participation
• Social Protection
Peace and Development in the MS
• 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
Governmental Mechanisms on
implementation
The Government uses Gender Mainstreaming as a
strategy to implement the MCW
• 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
Governmental Mechanisms on
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
Other Related Laws
• Republic Act No. 7322
• This Act amends the Philippine Labor Code to provide that "A
covered female employee who has paid at least three monthly
maternity contributions in the 12-month period preceding the
semester of her childbirth, abortion or miscarriage and who is
currently employed shall be paid a daily maternity benefit
equivalent to 100% of her present basic salary, allowances and
other benefits or the cash equivalents of such benefits for 60 days."
• She must have notified her employer of her pregnancy and
probable date of childbirth, and will be paid benefits only for her first
four deliveries after 13 March 1973. In the case of a cesarean
delivery, she will be paid benefits for 78 days.
Other Related Laws
• Republic Act No. 6725

• This Philippines Act is designed to strengthen the prohibition on


discrimination against women with respect to the terms and
conditions of employment. It amends Article 135 of the Labor Code
to read as follows:
Art. 135. Discrimination prohibited. It shall be unlawful for any employer to
discriminate against any woman employee with respect to terms and conditions
of employment solely on the grounds of sex.
Other Related Laws
• Republic Act No. 6725

• The following are acts of discrimination:


(a) Payment of a lesser compensation, including wage, salary or
other form of remuneration and fringe benefits, to a female
employee as against a male employee, for work of equal value; and

• (b) Favouring a male employee over a female employee with


respect to promotion, training opportunities, study and scholarship
grants solely on account of their sexes.

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