Magna Carta of Women

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MAGNA CARTA OF WOMEN

- This was enacted 2009


- What is this Magna Carta? It originated in England, literally means Great Charter. Ito yong tawag dati
sa England sa kanilang set of laws or set of rights sa kanilang mga citizens. Dyan nakasulat ang lahat ng
rights at privileges ng mga Briton at itoy tinawag nilang Great Charter or Magna Carta. And we adopted
that here in the Philippines kaya meron taong mga magna carta and among of them is our topic today
the Magna Carta of Women or RA 9710.
- So what is the purpose of the creation of this Magna Carta of Women?
Our state or our government has recognized the economic, political, social and cultural reality that may
our women may be affected or may contribute here in the Philippines. That is why our country has
strongly recognized the women’s role in the development of our country and pledge to strengthen the
enforcement of equality between women and men.
-Basically the MCW has laid provisions or rules that will eliminate the discrimination of women. This
law provides that there must be equal resources and privileges to women and men and eliminate all
the structures and practices that created gender inequalities and discrimination between men and
women.

OBJECTIVES:
1. What is Magna Carta of Women;
2. Definition of Terms;
3. Duties Related to the Human Rights of Women;
4. Rights and Empowerment of Marginalized Sectors;
5. Other Human Rights of Women;

VIDEO – Global History of Women’s Rights


What is Magna Carta of Women?
The Magna Carta of Women (MCW) is a comprehensive women’s human rights law that seeks to
eliminate discrimination through the recognition, protection, fulfillment, and promotion of the rights of
Filipino women, especially those belonging in the marginalized sectors of the society. It conveys a
framework of rights for women based directly on the international law.
The MCW establishes the Philippine government’s pledge of commitment to the Convention on the
Elimination of All Forms of Discrimination against Women’s (CEDAW) Committee in its 36 th Session in
2006 and to the UN Human Rights Council on its first Universal Periodic Review in 2009. It is the local
translation of the CEDAW, particularly in defining gender discrimination, state obligations, substantive
equality, and temporary special measures. It also recognizes human rights guaranteed by the
International Covenant on Economic, Social and Cultural Rights (ICESCR)

- Philippines History- Women’s allowed to vote sometimes 1937.


- Ganyan ka tagal nag evolved ang rights ng mga babae dito sa Pilipinas.
- Before the Family Code – Hindi sya pwede bumili ng gamit without the consent of her husband,
hindi sya pwede magbenta ng gamit, hindi sya pwede mag-donate kahit pagmamayari nya ang
kanyang idodonate.
- The Rights of Women now did not enjoy by our ancestors it was later on because of the Global
Campaign of Women’s Right, equality and elimination of discrimination.

- VIDEO - CEDAW
DEFINITION OF TERMS:
1. “WOMEN EMPOWERMENT” refers to the provision, availability, and accessibility of opportunities,
services, and observance of human rights which enable women to actively participate and contribute
to the political, economic and social, and cultural development of the nation as well as those which
shall provide them equal access to ownership, management, and control of production, and of material
and informational resources and benefits in the family, community, and society.
Dati kasi talaga ang binigyan lang ng karapatan tumanggap ng socio economic, political at economic
opportunities ay mga lalaki lang, but because of this women empowerment and because of Magna
Carta of Women mas pinalakas ang karapatan ng mga kababaihan na magparticipate sa kahit anung
aspetong panlipunan at isa na dun ay sa politika. If you notice madami na tayong mga babaeng politico
at sa mga government offices madami na tayong mga leaders o nakaupo sa matataas na posisyon na
mga babae. Halimbawa nito ay sa Uniformed Service PNP BJMP AFP BFP at sa iba pa ang dami ng mga
babaeng mga Commissioned Officers ito ay dahil mas pinalakas at pinadali ang access ng mga services
o opportunities na makuha ng mga Babae which is noong unang panahon ay pinagkakait ito sa kanila
dahil nga sa so called gender inequality.

2. “DISCRIMINATION AGAINST WOMEN”refers to 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 a basis of equality of men and women, of human rights
and fundamental freedoms n the political, economic, social, cultural, civil, or any other field.
Discrimination – Example traffic (simple discrimination)
Chairman – Chairperson (Gender Neutrality)
Weak decision maker kasi babae yan sya.

Video – BABAE KA LANG (SPOKEN POETRY)


3.”MARGINALIZATION”refers to a condition where a whole category of people is excluded from useful
and meaningful participation in political, economic, and social, and cultural life.

4. “MARGINALIZED” refers to the basic, disadvantaged, or vulnerable persons or groups who are
mostly living in poverty and have no little or no access to land and other resources, basic social and
economic services such as health care, education, water and sanitation, employment, and livelihood
opportunities, housing, social security, physical infrastructure, and the justice system.
Dati PDLs are marginalized kasi dahil sa jail setting, improper sanitation, poor jail facility, no access to
any health care provider, no welfare development, no political, social and sometimes religious
opportunities. Pero ngayon iba na…nabibigay na sa kanila lahat ng nabanggit except ang there freedom
kasi korte ang bahala dun. In fact I will cite an example from our BJMP Manual, ang mga Pregnant PDLs
are given opportunity to deliver birth in Hospital or at least in a birthing clinic of Rural Health Units and
given opportunity to spend time with there baby but only with a period of time para mabigyan ng
pagkakataon magbreast feed.
Pero ngayon, still our PDL’s be considered under marginalized sector? YES, because they are still
vulnerable of abuses or any discrimination dahil nga ung liberty nila ay restraint or there freedom of
movement is secluded between walls.

SALIENT FEATURES OF THE LAW INCLUDE:


- Increasing the number of women in third level position in government to achieve a fifty-fifty
(50-50) gender balance within the next five years while the composition of women in all levels
of development planning and program implementation will be at least 40 percent.
Noon ang mga government offices majority jan ay mga men..pero dahil sa MCW pinalakas
talaga ang karapatan ng mga kababaihan natin na makakuha ng trabaho dahil sa 50-50 rule.

- Leave benefits of two (2) months with full pay based on gross monthly compensation for
women employees who undergo surgery cause by gynecological disorders, provided that they
have rendered continuous aggregate employment service of at least six (6) months for the last
twelve (12) months;
Gynecological disorders – Cancers or fiminity related illnesses.

- Non-discrimination in employment in the field of military, police and other similar services that
include according the same promotional privileges and opportunities as their men counterpart,
including pay increases, additional benefits, and awards, based on competency and quality of
performance.
Competency must be the criteria on your promotion and other privileges and not your gender.

- Provision for equal access and elimination of discrimination in education, scholarships, and
training. Thus, expulsion, non-readmission, prohibiting enrollment, and other related
discrimination of women students and faculty due to pregnancy out of marriage shall be
outlawed.

- Non-discriminatory and non-derogatory portrayal of women in media and film to raise the
consciousness of the general public in recognizing the dignity of women and the role and
contribution of women in family, community, and the society through the strategic use of mass
media;

- Equal status given to men and women on the titling of the land and issuance of stewardship
contracts and patents.

- In addition to guaranteeing substantive rights, the MCW establishes the responsibility of the
government to take actions in order to end discrimination against women. It provides that the
Philippines Government must ensure the substantive equality of men and women and
mandates the State to take steps to review, amend or repeal existing laws that are
discriminatory towards women.

HOW CAN FILIPINO WOMEN LIVING ABROAD BENEFIT FORM THIS LAW?

Statistics show that more and more Filipino women are migrating for overseas employment. In
many places, women migrant workers have limited legal protections or access to information about
their rights, rendering them vulnerable to gender-specific discrimination, exploitation and abuse.
Section 37 of Magna Carta of Women mandates the designation of a gender focal point in the
consular section of Philippines embassies or consulates. The said officer who shall be trained on
Gender and Development shall be primarily responsible in handling gender concerns of women
migrant workers, especially those in distress. Other agencies (e.g. the DOLE and DSWD) are also
mandated to cooperate in strengthening the Philippine foreign posts’programs for the delivery of
services to women migrant workers, consistent with the one-country team approach in Foreign
Service.

SUBSEQUENT ENACTMENTS:

1. CSC Guidelines on the availment of Special Leave Benefits for Women under RA 9710 providing
special leave benefits of two (2) months with full pay following surgery caused by gynecological
disorders (also in the private sector/Dept. Order 112-111)
2. Guidelines in the Establishment of a Violence Against Women (VAW) Desk in every barangay
(Joint Memorandum Circular No. 2010-2/DILG/DSWD/DepEd/DOH/PCW);
3. BJMP Operation Manual 2015;
Pregnant PDLs/Female PDLs with infants:
a. Pregnant PDLs must be referred to jail physician or nurse for pre-natal examination;
b. They should be given tasks that are deemed fit and proper, their physical limitations, considered;
c. During active labor, pregnant PDLs should be transferred nearest government hospital;
d. Treatment of mother and her infant/s shall be in accordance with the BJMP Policy. (Refer to
DIWD Manual); and
e. Female PDLs with infants shall be provided with ample privacy during breastfeeding activity.

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