MAGNA CARTA

FOR WOMEN
ARCILLA, ALEXANDRA
PO, ALEXANDER
RA 9710

AN ACT PROVIDING FOR

THE MAGNA CARTA FOR
WOMEN

August 14, 2009

OVERVIEW
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.
Affirms the role of women in nation building
Ensures the substantive equality of women
SALIENT FEATURES
Abolish the unequal structures and practices that promote
discrimination and inequality to women
Increase the number of women participating in discussions
and decision making in the peace process
Eliminate discrimination of women in military
Protect the rights of Moro and indigenous women to
practice, promote and preserve their own culture and
tradition
Special consideration for specific needs of women in
conflict affected communities
SALIENT FEATURES
Adopt measures to

Protect girl children from all forms of abuse and exploitation

Eliminate all forms of discrimination against girl children in

education, health and nutrition and skills development

Ensure equal access of Moro and indigenous girl children

Develop gender sensitive curriculum and books

Ensure the sensitivity of regular schools to particular Moro

and indigenous practices

Condemns discrimination against women in relation to CEDAW

and other international agreements
DUTIES RELATED TO HUMAN RIGHTS

Duties of the
State as the
State Agencies
primary Duty
and
Bearer
Instrumentalities
 RIGHTS OF WOMEN
Equal rights in matters of Marriage and Family Relations
Right to be protected from all forms of violence
Right to be protected in time of disasters, calamities and other
crisis situations
Right to participation and equitable representation in society
Right against expulsion in school due to pregnancy out of wedlock
Right to health
Right to special leave benefits
Right against discrimatory and derogatory potrayal in media
Right to decent work
Right to resources and food production
MARRIAGE AND FAMILY RELATIONS

To enter into and

leave marriages
Decide jointly on
with common law Freely choose a
the number and
relationships w/o spouse and enter
spacing of their
prejudice to into marriage
children
personal or
religious beliefs

Enjoy same rights

Freely choose a with respect to
profession or ownership,
occupation acquisition,
management
 PT &T v NLRC
Article 136 of the Labor Code, explicitly prohibits
discrimination merely by reason of marriage of a female
employee.

ART. 136. Stipulation against marriage. It shall be unlawful for an

employer to require as a condition of employment or continuation of
employment that a woman shall not get married, or to stipulate
expressly or tacitly that upon getting married, a woman employee
shall be deemed resigned or separated, or to actually dismiss,
discharge, discriminate or otherwise prejudice a woman employee
merely by reason of marriage.
 Estrada v Escritor
a distinction between public and secular morality and
religious morality should be kept in mind. The
jurisdiction of the Court extends only to public and
secular morality.

Our Constitution adheres the benevolent neutrality

approach that gives room for accommodation of
religious exercises as required by the Free Exercise
Clause. This benevolent neutrality could allow for
accommodation of morality based on religion,
provided it does not offend compelling state interests.
 Star Paper Corp v Simbol
Star Paper s Policy
New applicants will not be allowed to be hired if in case he/she has a
relative, up to the 3rd degree of relationship, already employed by
the company.
In case of two of our employees (singles, one male and another
female) developed a friendly relationship during the course of their
employment and then decided to get married, one of them should
resign to preserve the policy stated above.

HELD
failure of petitioners to present undisputed proof of a
reasonable business necessity, we rule that the questioned
policy is an invalid exercise of management prerogative.
Corollary, the issue as to whether respondents Simbol and Comia
resigned voluntarily has become moot and academic.
RIGHT TO SPECIAL LEAVE BENEFITS

Must have rendered at

least 6 months
Surgery caused by
gynecological disorders
continuous employment
service for at least 1
year prior surgery

File application w/n a

reasonable time
2 months full pay
provided in the policies
and CBA
 Del Monte Phil vs Lolita Velasco

absences was due to urinary tract infection,

pregnancy-borne and that she filed an
application for leave to her supervisor
respondents discharge by reason of absences
caused by her pregnancy is covered by the
prohibition under the Labor Code.
petitioner had no legal basis in considering
these absences together with her prior
infractions as gross and habitual neglect.
EQUITABLE REPRESENTATION IN
SOCIETY

40% of membership in all

Ensure 50% of 3rd level
regional, provincial, city,
positions in the
municipal and barangay
government are held by
development councils are
women
composed of women

Equally represented in Encourage

Provide incentives to
international, national women
political parties with
and local special and leadership in the
womens agenda
decision making bodies private sector
AGAINST EXPULSION DUE TO
PREGNANCY OUT OF WEDLOCK

Pregnant students,
teachers, faculty
Expulsion of unmarried
members and other
women due to
school personnel
pregnancy is illegal
should be given special
leave of absence
 CHRISTINE JOY CAPIN-CADIZ, v. BRENT
HOSPITAL AND COLLEGES,
Cadiz became pregnant out of wedlock, and
Brent imposed the suspension until such time
that she marries her boyfriend in accordance
with law.
Brent's condition is coercive, oppressive and
discriminatory.
It forces Cadiz to marry for economic reasons
and deprives her of the freedom to choose
her status, which is a privilege that inheres in
her as an intangible and inalienable righ
RIGHT TO HEALTH

Pre-natal and post Promotion of

Family planning
natal services breastfeeding

HIV and AIDS Prevention of

Sex Education
awareness abortion

Health services for

victims of VAWC
RIGHT TO EDUCATION AND TRAINING

Skills training for women Gender sensitive

migrant workers before trainings and
taking a foreign job seminars

Equal opportunity based

on merit and fitness
RIGHTS OF WOMEN IN ESPECIALLY
DIFFICULT CIRCUMSTANCES
Victims and survivors of sexual and physical abuse,
illegal recruitment, prostitution, trafficking and armed
conflict and other related circumstances which have
incapacitated them functionally.

Temporary and protective Legal service

custody
Medical and dental services
Psychological evaluation
Counseling
Psychiatric evaluation
Productivity skills
Job placement
Financial assistance
RIGHT OF WOMEN SENIOR CITIZENS
TO PROTECTION

To be protected from neglect,

abandonment, domestic
violence, abuse, exploitation
and discrimation.
SOCIAL PROTECTION

Reduce & eliminate transfer

SSS and PhilHealth shall costs of remittances from
support indigenous and
community based social abroad through appropriate
protection schemes bilateral and multilateral
agreements

Institute programs to
Establish health enhance the social status Support women
insurance for of the marginalized with disabilities on
senior citizens and women by promoting a community based
indigents livelihood and social protection
employment
SANCTIONS
Commission on Human Rights (CHR)
Sanctions under administrative law, civil service, other
appropriate laws shall be recommended to the CSC and/or
DILG.

Complaints under the MCW will not prevent the offended

party to file under
Women in Development and Nation Building Act
Special Protection of Children Against Child Abuse,
exploitation and discrimination act
Anti Sexual Harassment
Anti Rape Law
Rape Victim Assistance and Protection
Anti Trafficking in Persons Act
Anti Violence against women and their children
RIGHTS OF MARGINALIZED
SECTORS

Representation
Food security
and
and productive Housing
participation in
resources
policy making

Livelihood,
Decent work credit, capital Information
and technology

Cultural identity Peace and Services and

and integrity development interventions