the magna carta of women

8/20/2019 The Magna Carta of Women

http://slidepdf.com/reader/full/the-magna-carta-of-women 1/5

THE MAGNA CARTA OF WOMEN

REPUBLIC ACT NO. 9710

OBJECTIVE OF THE LAW

Emphasizes the rights of women and institutionalizes the substantive equality of men and

women. The essence of the law is not only to provide equal opportunities for women but also

their empowerment.

THE MAGNA CARTA OF WOMEN MANDATES THE STATE TO:

• Abolish the unequal structures and practices that perpetrate discrimination and inequality

to women, such as the repeal of discriminatory provisions of existing laws1

• Eliminate the discrimination of women in the military, police, and other similar services!,

including the revision or abolition of policies and practices that restricts women from

availing of both combat and non"combat training, or from ta#ing on functions other than

administrative tas#s, such as engaging in combat, security"related, or field operations$.

• %ncrease the number of women participating in discussions and decision"ma#ing in the

peace process, including membership in peace panels&

1 Some laws are considered to contain discriminatory provisions against women suchas:Provisions found in the Family Code:

• giving preference to the father’s consent to the marriage of children between

the ages of 18 and 21 !rt" 1#$%

• giving preference to the husbands decision& in case of disagreement with the

wife as regards to the en'oyment of community and con'ugal properties !rt"() and 12#$%

• giving preference to the husband’s decision& in case of disagreement with the

wife over the persons of their common children and on the e*ercise of legalguardianship over the property of the unemancipated common child !rt 221and 22+$%

• the re,uirement for repeated physical abuse and grossly abusive conduct to

constitute a ground for legal separation !rt ++$Provisions found in the -evised Penal Code

• adultery and concubinage

• death in.icted under e*ceptional circumstances

2 Similar services including the /ureau of Fire Protection& /ureau of 0ail anagement

and Penology& ational /ureau of 3nvestigation& Philippine 4rug 5nforcement

!gency and other agencies with law enforcement functions"

6 Sec 1+& agna Carta of 7omen

# Sec 2+& .ibid



• Ensure the development and inclusion of women's welfare and concern in the peace

agenda and women's participation in the planning, implementation, monitoring, and

evaluation of rehabilitation and rebuilding of conflicted areas(

• )ive special consideration for the specific needs of women in conflict"affected

communities

*

• Adopt measure to+

• rotect girl"children from all forms of abuse and exploitation

• Eliminate all forms of discrimination against girl"children in education, health and

nutrition, and s#ills development

• ensure equal access of -oro and indigenous girl"children in the -adaris, schools

of living culture and traditions, and the regular schools.

• develop gender"sensitive curriculum and boo#s in the -adaris and schools of

living culture and traditions

• ensure sensitivity of regular schools to particular -oro and indigenous practices,

such as fasting in the month of /amadan, choice of clothing 0including the

wearing of hiab2, and availability of halal food.3

• rotect the rights of -oro and indigenous women to practice, promote, and preserve their

own culture, traditions and institutions which are not discriminatory to women4

THE RIGHTS OF WOMEN

%n general, all women are entitled to enoy all the rights under the 5onstitution, including the

rights recognized under international instruments duly signed and ratified by the hilippines.

Equal rights in All Matters Relating to Marriage and Family Relations

• right to enter into and leave marriages or common law relationships referred to

under the 6amily 5ode

+ Sec 2(& .ibid

) Sec 2(& .ibid

3slamic 3nstitution

8Sec 62& agna Carta of 7omen

( Sec 28& .ibid



• right to freely choose a spouse and enter into marriage only with their free and

full consent

• right to enoy the same personal rights as their spouses or common law spouses

with respect to ownership, acquisition, management, administration, enoyment,

and disposition of property

• right to enoy same rights to properties.17

Right to be protected from all forms of violence

• All government agencies are mandated to give priority to the defense and

protection of women against gender"based offenses

• local government units should provide temporary shelters to women and

children in situations of armed conflict

• women should not be required to ta#e part in armed hostilities

• barangays should establish a 8iolence Against 9omen :es# to be manned bya person trained in handling gender"sensitive cases.11

Right to participation and equitable representation in all spheres of society.

• 9omen have the right to participate in the formulation, implementation and

evaluation of policies, plans and programs for national and local

development.1!

Right against dismissal or expulsion from school due to pregnancy out of wedlock

• Expulsion or non"readmission of unmarried women teachers or faculty

members due to pregnancy is outlawed. ;either can educational institutionstransfer, or force unmarried teachers to go on leave, simply because they got

pregnant.

• Educational institutions cannot refuse admission, nor expel, suspend or

impose disciplinary actions against unmarried female students who get

pregnant during their term in school.1$

Right against discriminatory and derogatory portrayal in media and film

19 Sec 1(& .ibid

11Sec (& agna Carta of 7omen% Sec 12& -ules and -egulations 3mplementing theagna Carta of 7omen

12 Sec 11& agna Carta of 7omen

16 Sec 16& agna CartCarta of 7omen% Sec 1)& -ules and -egulations 3mplementing theagna Carta of 7omen



Right to decent work

• %nvolves opportunities for wor# that are productive and fairly remunerative as

family living wage, security in the wor#place, better prospects for personal

development and social integration.

Right to special leave benefits

• 9omen employees who have undergone surgery caused by gynecological

disorders are entitled to a special leave of ! months with full pay based on her

gross monthly compensation.1&

• The special leave benefit for women is not cumulative and not convertible to

cash.1(

• To be entitled to the special leave, the female employee must have undergone

surgery due to gynecological disorder as certified by a competent physician.

<he must have rendered at least six 0*2 months continuous aggregate

employment service for the last twelve 01!2 months prior to surgery• To be entitled, the female employee must file an application for special leave

with the employer within a reasonable time from expected date of surgery.1*

RIGHTS OF WOMEN IN ESPECIALLY DIFFICULT CIRCUMSTANCES.

=9omen in Especially :ifficult 5ircumstances> refers to victims and survivors of sexual and

physical abuse, illegal recruitment, prostitution, traffic#ing, armed conflict, women in detention,

victims and survivors of rape and incest and other related circumstances which have

incapacitated them functionally.

The right mandates local government units to deliver the following necessary services

and interventions+

• Temporary and protective custody

• 5ounseling and sychiatric evaluation

• ?egal <ervices

• 6inancial Assistance

• ?ivelihood assistance

• roductivity s#ills capability building

1# Sec 18& agna Carta of 7omen% Sec $& -ules and -egulations 3mplementing

the agna Carta of 7omen

1+ Sec 18& -ules and -egulations 3mplementing the agna Carta of 7omen

1) Sec 21& -ules and -egulations 3mplementing the agna Carta of 7omen



• @ob placement1

1 Sec 69 and 61& agna Carta of 7omen

the magna carta of women

Documents