12 December 2024 - Magna Carta For Disabled Persons

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Republic Act 9710 or the Magna Carta of

Women
1. 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 to the marginalized sectors of society.

2. The Magna Carta of Women defines discrimination against women as:

 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 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 and enjoyment of opportunities,
benefits, or privileges;
 a measure or practice of general application that fails 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 and in their access to and enjoyment of opportunities,
benefits, or privileges; or women, more than men are shown to have suffered the
greater adverse effects of those measures or practices; and
 discrimination compounded by or intersecting with other grounds, status, or
condition, such as ethnicity, age, poverty, or religion.

3. The Magna Carta of Women also spells out every woman’s right to:

 Protection from all forms of violence, including those committed by the State. This
includes the incremental increase in the recruitment and training of women in
government services that cater to women victims of gender-related offenses. It also
ensures mandatory training on human rights and gender sensitivity to all government
personnel involved in the protection and defense of women against gender-based
violence, and mandates local government units to establish a Violence Against Women
Desk in every barangay to address violence against women cases;
 Protection and security in times of disaster, calamities and other crisis situations,
especially in all phases of relief, recovery, rehabilitation and construction efforts,
including protection from sexual exploitation and other sexual and gender-based
violence.
 Participation and representation, including undertaking temporary special measures and
affirmative actions to accelerate and ensure women’s equitable participation and
representation in the third level civil service, development councils and planning bodies,
as well as political parties and international bodies, including the private sector.
 Equal treatment before the law, including the State’s review and when necessary
amendment or repeal of existing laws that are discriminatory to women;
 Equal access and elimination of discrimination against women in education, scholarships
and training. This includes revising educational materials and curricula to remove gender
stereotypes and images, and outlawing the expulsion, non-readmission, prohibiting
enrollment and other related discrimination against women students and faculty due to
pregnancy outside of marriage;
 Equal participation in sports. This includes measures to ensure that gender-based
discrimination in competitive and non-competitive sports is removed so that women and
girls can benefit from sports development;
 Non-discrimination in employment in the field of military, police and other similar
services. This includes the same promotional privileges and opportunities as their men
counterpart, including pay increases, additional benefits, and awards, based on
competency and quality of performance. The dignity of women in the military, police and
other similar services shall always be respected, they shall be accorded with the same
capacity as men to act in and enter into contracts, including marriage, as well as be
entitled to leave benefits for women such as maternity leave, as provided for in existing
laws;
 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;
 Comprehensive health services and health information and education covering all stages
of a woman’s life cycle, and which addresses the major causes of women’s mortality and
morbidity, including access to among others, maternal care, responsible, ethical, legal,
safe and effective methods of family planning, and encouraging healthy lifestyle activities
to prevent diseases;
 Leave benefits of two (2) months with full pay based on gross monthly compensation, for
women employees who undergo surgery caused by gynecological disorders, provided
that they have rendered continuous aggregate employment service of at least six (6)
months for the last twelve (12) months;
 Equal rights in all matters relating to marriage and family relations. The State shall
ensure the same rights of women and men to: enter into and leave marriages, freely
choose a spouse, decide on the number and spacing of their children, enjoy personal
rights including the choice of a profession, own, acquire, and administer their property,
and acquire, change, or retain their nationality. It also states that the betrothal and
marriage of a child shall have no legal effect.

4. The Magna Carta of Women also guarantees the civil, political and
economic rights of women in the marginalized sectors, particularly their
right to:

 Food security and resources for food production, including equal rights in the titling of
the land and issuance of stewardship contracts and patents;
 Localized, accessible, secure and affordable housing;
 Employment, livelihood, credit, capital and technology;
 Skills training, scholarships, especially in research and development aimed towards
women friendly farm technology;
 Representation and participation in policy-making or decisionmaking bodies in the
regional, national, and international levels;
 Access to information regarding policies on women, including programs, projects and
funding outlays that affect them; • Social protection;
 Recognition and preservation of cultural identity and integrity provided that these cultural
systems and practices are not discriminatory to women;
 Inclusion in discussions on peace and development;
 Services and interventions for women in especially difficult circumstances or WEDC;
 Protection of girl-children against all forms of discrimination in education, health and
nutrition, and skills development; and
 Protection of women senior citizens.

5. What are the penalties of violators?

If the violation is committed by a government agency or any


government office, including government-owned and controlled
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 sanctions
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 offenses 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.

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