laws supporting sexuality and gender

1. LAWS
SUPPORTING
SEXUALITY
AND GENDER
LALAINE JOIE J. ARIZALA

2. RA 9710
Magna Carta of Women
Is comprehensive women’s human rights law that seeks to
eliminate discrimination against women by recognizing,
protecting, fulfilling, and promoting the rights of Filipino
women, especially those in marginalized sector.

3. MAGNA CARTA OF WOMEN
DISCRIMINATIONS:
 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

4. MAGNA CARTA OF WOMEN
 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.
 Discrimination compounded by or intersecting with other
grounds, status, or conditions, such as ethnicity, age, poverty,
or religion.

5. MAGNA CARTA OF WOMEN
 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

6. MAGNA CARTA OF WOMEN
 All rights in the Philippine Constitution and those right rights
recognized under international instruments duly signed and
ratified by the Philippines, in consonance with Philippine laws
shall be the rights of women under the Magna Carta of
Women. These rights shall be enjoyed without discrimination
since the law prohibits discrimination against women,
whether done by public and private entities or individuals.

7. MAGNA CARTA OF WOMEN
Every woman’s right to:
 Protection from all forms of violence, including those committed
by the State.
 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.
 Equal treatment before the law, including the State’s review.

8. MAGNA CARTA OF WOMEN
 Equal access and elimination of discrimination against women
in education, scholarships and training.
 Equal participation in sports.
 Non-discrimination in employment in the field of military,
police and other similar services.
 Non-discriminatory and non-derogatory portrayal of women
in media and film.
 Comprehensive health services and health information and
education covering all stages of a woman’s life cycle.

9. MAGNA CARTA OF WOMEN
 Leave benefits of 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 a
least 6 months for the last 12 months.
 Equal rights in all matters relating to marriage and family
relations.
 Food security and resources for food production
 Localized, accessible, secure and affordable housing

10. MAGNA CARTA OF WOMEN
 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 decision-
making bodies in the regional, national, and international levels.
 Access to information regarding policies on women, including
programs, projects and funding outlays that affect them.

11. MAGNA CARTA OF WOMEN
 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
 Protection of women senior citizens

12. RA 6725
 An act strengthening the prohibition on discrimination
against women
 Art. 135. Discrimination prohibited. – it should be unlawful for
any employer to discriminate against any woman employee
with respect to terms and conditions of employment solely on
account of her sex.

13. RA 6725
 The following are acts of discrimination:
1. Payment of a lesser compensation, including wage, salary or
other form of remuneration and fringe benefits, to a female
employee as against a male employee , for work of equal
value; and
2. Favoring a male employee over a female employee with
respect to promotion, training opportunities, study and
scholarship grants solely on account of their sexes.

14. RA 7192
 Women in Development and Nation Building Act
 This act shows that: The State recognizes the role of women in
nation building and shall ensure the fundamental equality
before the law of women and men. The State shall provide
women rights and opportunities equal to that of men.

15. RA 7192
 The National Economic and Development Authority (NEDA) shall
primarily be responsible for ensuring the participation of women
as recipients in foreign aid, grants and loans. It shall determine
and recommend the amount to be allocated for the development
activity involving women.
 The NEDA, with the assistance of the National Commission on the
Role of Filipino Women, shall ensure that the different
government departments, including its agencies and
instrumentalities which, directly or indirectly, affect the
participation of women in national development and their
integration

16. RA 7192
 Women of legal age, regardless of civil status, shall have the
capacity to act and enter into contracts which shall in every
respect be equal to that of men under similar circumstances.
Republic Act No. 7192 page 2 In all contractual situations
where married men have the capacity to act, married women
shall have equal rights.

17. RA 7192
 Equal Membership in Clubs
 Admission to Military Schools
 Voluntary PAG-IBIG, GSIS and SSS Coverage

18. RA 7877
 Anti-sexual Harassment Act of 1995
 The State shall value the dignity of every individual, enhance
the development of its human resources guarantee fell
respect for human rights, and uphold the dignity of work rs,
employees, applicants for employment, students or those
undergoing training, instruction or education. Towards this
end, all forms of sexual harassment in the employment,
education or training environment are hereby declared
unlawful.

19. RA 7877
 Work, Education or Training-related Sexual Harassment is
committed by any person who, having authority, influence or
moral ascendancy over another in a work or training or
education environment, demands, requests or otherwise
requires any sexual favor from the other, regardless of
whether the demand, request or requirement for submission
is accepted by the object of said Act.

20. RA 7877
 It shall be the duty of the employer or the head of work-
related, educational or training environment or institution, to
prevent or deter the commission of acts of sexual harassment
and to provide the procedures for the resolution, settlement
or prosecution of acts of sexual harassment.

21. RA 7877
 The Employer, Head of Office, Educational or Training
Institution shall be liable for damages arising from the acts of
sexual harassment committed in the employment, education
or training environment if the employer, head of office,
educational or training institution is informed of such acts by
the offended party and no immediate action is taken thereon.

22. RA 7877
 Penalties
 Any person who violates the provisions of this Act shall, upon
conviction, be penalized by imprisonment of not less than 1
month nor more than 6 months, or a fine of not less than
10,000 nor more than 20,000, or both such fine and
imprisonment at the discretion of the court. Any action arising
from the violation of the provisions of this Act shall prescribe
in 3 years.

23. RA 7600
 The Rooming-In and Breastfeeding Act
of 1992
 Declaration of Policy. — The State
adopts rooming-in as a national policy
to encourage, protect and support the
practice of breastfeeding. It shall create
an environment where basic physical,
emotional, and psychological needs of
mothers and infants are fulfilled through
the practice of rooming-in and
breastfeeding.

24. RA 7600
The provisions in this Chapter shall
apply to all private and government
health institutions adopting
rooming-in and breastfeeding as
defined in this Act.

25. RA 7600
 The following newborn infants shall be put to the breast of
the mother immediately after birth and forthwith roomed-in
within thirty (30) minutes
 Infants delivered by caesarian section shall be roomed-in and
breastfed within three (3) to four (4) hours after birth
 Newborns delivered outside health institutions whose
mothers have been admitted to the obstetrics
department/unit and who both meet the general conditions
stated in Section 5 of this Act, shall be roomed-in and
breastfed immediately.

26. RA 7600
 Infants whose conditions do not
permit rooming-in and breastfeeding
as determined by the attending
physician.
 It shall be the mother’s right to
breastfeed her child who equally has
the right to her breastmilk.

27. RA 7322
 An Act Increasing Maternity Benefits in Favor of Women
Workers in the Private Sector
 Maternity Leave Benefit – a covered female employee who has
paid at least three monthly maternity contributions in the
twelve-month period preceding the semester of her
childbirth, abortion or miscarriage and who is currently
employed shall be paid a daily maternity benefit equivalent to
100% of her present basic salary, allowances and other
benefits or the cash equivalents of such benefits for 60 days
subject to the following conditions:

28. RA 7322
 That the employee shall have notified her employer of her
pregnancy and the probable date of her childbirth which notice
shall be transmitted to the SSS in accordance with the rules and
regulations it may provide;
 That the payment shall be advanced by the employer in two
equal installments within 30 days from the filing of the
maternity leave application;
 That in case of caesarian delivery, the employee shall be paid
the daily maternity benefit for 78 days

29. RA 7322
 That the payment of daily maternity benefits shall be a bar to
the recovery of sickness benefits provided by this Act for the
same compensable period of 60 days for the same childbirth,
abortion, or miscarriage;
 That the maternity benefits provided under this section shall be
paid only for the first four deliveries after March 13, 1973;
 That the SSS shall immediately reimburse the employer of 100%
of the amount of maternity benefits advanced to the employee
by the employer upon receipt of satisfactory proof of such
payment and legality thereof; and

30. RA 7322
 That if an employee should give birth or suffer abortion or
miscarriage without the required contributions having been
remitted for her by her employer to the SSS, or without the
latter having been previously notified by the employer of the
time of the pregnancy, the employer shall pay to the SSS
damages equivalent to the benefits which said employee
would otherwise have been entitled to, and the SSS shall in
turn pay such amount to the employee concerned.

31. THANK YOU!