[REPUBLIC ACT NO.

9710]

“The Magna Carta

of Women”.
SEC. 2. Declaration of Policy.

“The State condemns discrimination against women in all its forms and
pursues by all appropriate means and without delay the policy of
eliminating discrimination against women in keeping with the
Convention on the Elimination of All Forms of Discrimination Against
Women (CEDAW) and other international instruments consistent with
Philippine law. The State shall accord women the rights, protection, and
opportunities available to every member of society.”
Human rights’ principles of women are:
Universal and inalienable - all human beings are free and equal in dignity and rightsI

Indivisible - inherent to the dignity of every human being whether in civil, cultural,
economic, political or social issues

Interdependent and interrelated - the fulfilment of one right often depends, wholly or in
part upon the fulfilment of others

All individuals are equal as human beings by virtue of the inherent dignity of each human
person

Rights based approach

 DISCRIMINATION AGAINST WOMEN
 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 the basis of equality of
men and women, 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 enjoyment of
opportunities, benefits or privileges.
• A measure or practice of general application that fails to provide for
mechanisms of sex or gender-based disadvantages or limitations
of women… and

• Discrimination compounded by intersecting with other grounds

status or condition such as ethnicity, age, poverty or religion
 DUTIES RELATED TO THE HUMAN RIGHTS OF
WOMEN
SEC. 5. The State as the Primary Duty-Bearer. – The State, as the
primary duty-bearer, shall:
(a) Refrain from discriminating against women and violating their
rights;
(b) Protect women against discrimination and from violation of their
rights by private corporations, entities, and individuals; and
(c) Promote and fulfill the rights of women in all spheres, including
their rights to substantive equality and non-discrimination.
-These duties of the State shall extend to all state agencies, offices, and
instrumentalities
 RIGHTS
and
EMPOWERMENT
Human rights of women – all rights in the Constitution and those rights recognized
under international instruments duly signed and ratified by the Philippines, in
consonance with Philippine law shall be the rights of women under MCFW:

Protection from Violence

Protection and security in times of disasters and calamities
Participation and Representation
Equal treatment before the law
Equal access and elimination of discrimination in education, scholarships and
trainings
Women in Sports
Women in military
Non-discriminatory and non-derogatory portrayal in media and film
Right to health
Special leave benefits
Equal rights in all matters relating to marriage and family
 RIGHTS
and
EMPOWERMENT
of
MARGINALIZED
SECTORS
Women in marginalized sectors are guaranteed all civil, political,
social, and economic rights recognized, promoted and protected
under existing Laws and Acts:
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 information
Social protection
Recognition and preservation of cultural identity and integrity
Peace and development
WEDC Women in Especially Difficult Circumstances] - this refers to
victims a, trafficking, survivors of sexual and physical abuse, illegal
recruitment, prostitution, armed conflict
Services and Interventions:
Temporary and protective custody
Medical and dental services
Psychiatric evaluation
Productivity skills capability building
Legal services
Livelihood assistance
Job placement
Financial assistance
Transportation assistance
INSTITUTIONAL
MECHANISMS
• 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

• 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

• 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
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

Penal Provisions
• If the violation is committed by a government agency or any government office,
including government-owned 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
sanction 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 offences 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 prioritise allocation of all available resources to effectively
fulfil its obligations under the said law.
 [ REPUBLIC ACT NO. 10354 ]

“The Responsible Parenthood and

Reproductive Health Act of 2012”
Declaration of Policy
• Universal Basic Human Rights

• Gender Equality, Equity, Women Empowerment

• Universal Access
What is Gender Equality
• Absence of discrimination on the basis of a person’s sex, sexual
orientation and gender identity
What is Gender Equity?
• Refers to fairness and justice in the distribution of benefits and
responsibilities between women and men.
Guiding Principles for Implementation
right to make free and informed decisions
Respect for protection and fulfillment of reproductive health
human resource is among the principal assets of the country
ethical and medically safe, legal, accessible, affordable, non
abortifacient, effective and quality reproductive health care services
and supplies
information and access
Programs
respect individuals’ preferences and choice of family planning
methods
Definition of Terms
• Abortifacient- drug or device that induces abortion
• Family Planning-refers to a program which enables couples and
individuals to decide freely and responsibly the number and spacing
of their children and to have the information and means to do so, and
to have access to a full range of safe, affordable, effective and
abortifacient modern natural and artificial methods of planning
pregnancy.
• Reproductive Health- The state of complete physical, social, and
mental wellbeing, and not merely the absence of disease or infirmity,
in all matters relating to the reproductive health system, its processes
and functions.
• Reproductive Health Care- refers to the access to a full range of
methods, facilities, services, and supplies that contribute to
reproductive health and well-being by preventing and solving
reproductive health-related problems.
Elements of Reproductive Health Care

• Family planning (services and information)

• Maternal, infant, and child health and nutrition including
breastfeeding (including prenatal and post natal care)
• Prohibition of abortion and management of abortion complications
• Adolescent and youth reproductive health
• Prevention and management of RTI, HIV and AIDS, and other sexually
transmitted diseases.
• Elimination of violence against women
• Education and counseling on sexuality and RH
• Treatment of breast and reproductive tract cancers
• Male responsibility and participation in RH
• Prevention and treatment of infertility and sexual dysfunction
• Reproductive health education for adolescents
• Mental health aspect of reproductive health care (coping)
• Responsible Parenthood- refers to the will and ability of a parent to
respond to the needs and aspirations of the family and children.
Hiring of skilled health professionals for maternal
health care and skilled birth attendants.
• LGU shall hire adequate number of nurses, midwives, and other
skilled health professionals for MHC.

• Midwives and nurses can administer life saving drugs such as oxytocin
(quick birth) and magnesium sulfate (to avoid seizure and
preeclampsia---high blood during pregnancy).
Access to Family Planning
• All accredited facilities shall provide a full range of modern family
planning methods.
• Private health facilities may provide services for a pay but will also
likewise provide free services to indigents. (except for those non-
maternity specialty hospitals and those owned by religious group)
• Minors will not be allowed to access modern methods of family
planning without parental consent (except if the minor is a parent or
has had a miscarriage)
The Philippine National Drug Formulary
System and Family Planning Supplies
• Products and supplies for modern family planning methods shall be
part of the National Drug Formulary.
• Included in the purchase of essential medicines and supplies (FDA).
Procurement and Distribution of FP Supplies
• DOH shall procure, distribute to LGUs and monitor the usage.
• Distribution shall be based on:
• Number of women in their reproductive age and couples who want to space
or limited their children.
• Contraceptive prevalence
• Cost of family planning supplies
PhilHealth Benefits for Serious and Life-
Threatening RH Conditions
• All health conditions (STI, AIDS, HIV, RH related cancer) related to RH
System shall be given the maximum benefits provided by PhilHealth
programs including the provision of ARV (anti-retroviral medicines)
Pro Bono Services for Indigent Women
• Private and non-government reproductive healthcare service
providers (gynecologists and obstetricians)
-encouraged to provide at least 48 hours annually of
reproductive health services (providing information and education to
rendering medical services, free of charge) to indigent and low-
income patients especially to pregnant adolescents
Ideal Family Size
• The State shall assist couples, parents and individuals to achieve their
desired family size within the context of responsible parenthood for
sustainable development and encourage them to have two children
as ideal family size
Summary

Positive Side
• Promote sound reproductive health
• Fight against HIV, STI, and AIDS
• Empower women and children
• Promote scientific studies to determine efficacy of alternative medicine.
• The instrument does not in anyway promote abortion.
• The bill is not in anyway geared towards population control (but is something
to ponder).
• It does not promote sexual promiscuity among adolescents (due to existing
mechanism which requires minor to present parental consent)
 Karen Tayag Vertido v. The Philippines

“Gender stereotyping in rape trial is a

violation of CEDAW”