Magna carta revisit

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More than 5 years after Magna Carta of Women was enacted, let us revisit some of its provisions and identify issues that need to be addressed for improvement of its implementation.

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  • Agencies/bodies with specific role/s: DOH, DepEd, PhilHealth, DOLE, LGUs, CHED
  • Agencies/bodies with specific role/s:
  • Agencies/bodies with specific role/s:
  • Agencies/bodies with specific role/s:
  • Agencies/bodies with specific role/s:
  • Agencies/bodies with specific role/s:
  • Agencies/bodies with specific role/s:
  • Agencies/bodies with specific role/s: CSC, NBI, NAPOLCOM, DOJ, OPAPP, DND-AFP, DSWD, DILG, DOH, NCMF, LGUs, CHR, CHED, DepEd, C/MSWDO, C/MHO, PNP LGUs have the responsibility to ensure that departments/offices (such as the city social welfare development office) which cater to women victims of gender-based violence shall comply with the incremental increase and with the conduct of mandatory training on gender and human rights for all government personnel involved in the protection and defense of women against GBV. LGUs have to establish a VAW Desk in every barangay under their jurisdiction.
  • Capacitating women employees for third-level positions to meet the 50-50 gender balance in 5 years (CESB, CSC) Women comprising 40% membership of all development councils Women to be represented in other policy and decision-making bodies Review of policies on recruitment and selection, qualifying examinations, assignment of posts and missions COMELEC to ensure the incorporation of provisions on women's political participation in their guidelines Encourage women leadership in political parties and ensure women members can participate meaningfully within the party Incentives to encourage women leadership in the private sector
  • Agencies/bodies with specific role/s:
  • Agencies/bodies with specific role/s: CSC, NBI, NAPOLCOM, DOJ, OPAPP, DND-AFP, DSWD, DILG, DOH, NCMF, LGUs, CHR, CHED, DepEd, C/MSWDO, C/MHO, PNP LGUs have the responsibility to ensure that departments/offices (such as the city social welfare development office) which cater to women victims of gender-based violence shall comply with the incremental increase and with the conduct of mandatory training on gender and human rights for all government personnel involved in the protection and defense of women against GBV. LGUs have to establish a VAW Desk in every barangay under their jurisdiction.
  • Agencies/bodies with specific role/s: PCW, Congress, executive-legislative body The executive–legislative body shall prioritize bills that will amend or repeal discriminatory provisions of existing laws, inter alia : - Family Code of the Philippines – (a) Article 14 : on the provision on giving preference to the father’s consent to the marriage of children between the ages of 18 and 21; (b) Articles 96 and 124 : on the provision on giving preference to the husband’s decision, in case of disagreement with the wife, on the administration and enjoyment of community and conjugal properties; (c) Article 211 : on the provision o f giving preference to the husband’s decision, in case of disagreement with the wife, over the persons of their common children; (d) A rticle 225 : on the provision on giving preference to the husband’s decision, in case of disagreement with the wife, on the exercise of legal guardianship over the property of unemancipated common child; (e) Art icle 55, No.1 : on the requirement for repeated physical abuse and grossly abusive conduct as a ground for legal separation ; - Revised Penal Code – (a) Articles 333 and 334 : on adultery and concubinage ; (b) Article 202 : on the definition of vagrants and prostitution ; (c) Article 351 : o n premature marriages ; and (d) Article 247 : o n death inflicted under exceptional circumstances ; - Labor Code Article 130 , on night work prohibition ; - Rules of Court Rule 131 Section 3 ( jj ) , on disputable presumptions ; - Code of Muslim Personal Laws ; and - RA 8353, on removal of criminal liability of rapist when victim marries him .
  • Agencies/bodies with specific role/s: DepEd, CHED, TESDA, PCW
  • Agencies/bodies with specific role/s: CSC, DOLE
  • Agencies/bodies with specific role/s: DOH, DepEd, PhilHealth, DOLE, LGUs, CHED
  • Magna carta revisit

    1. 1. MAGNA CARTA OFWOMEN:A RevisitAGNES SULIT-RAMIREZVice President for NCRPhilippine Federation of Local Councils of Women
    2. 2. Section 20. Women’s Right to HealthComprehensive Health Information and EducationRESPONSIBLE AGENCIES: DEPED, CHED AND GOVTAGENCIES WITH HEALTH-RELATED PROGRAMS ANDSERVICES Age appropriate adolescent health and sexuality educationtaught by trained educators in both public and private schools Sexuality education for parentsPrograms for the elderly womenTrainings for health service providers/educators towardsgender-responsive, culture-sensitive, non-discriminatory andnon-judgmental behaviors and attitudes Health and sexuality education/counseling available in teencenters
    3. 3. What is the Magna Carta ofWomen (MCW)?Comprehensivewomen’s humanrightslawSeeks to eliminate discrimination against women byrecognizing, protecting, fulfilling and promoting the rightsof Filipino women
    4. 4. What is discrimination againstwomen?Gender-based distinction, exclusion or restriction that impairs enjoymentby women of human rights and freedom in political, economic,social, cultural civil or any other fieldOmission that excludes women from enjoyment ofopportunities, benefits or privileges
    5. 5. Women’s Rights spelledout in the Magna Cartaof Women
    6. 6. THREE STRATEGIC WINDOWSEconomic powerPolitical voiceLegal rights
    7. 7. ECONOMICPOWER
    8. 8. Section 23. Food Security andProductive ResourcesB. Right to Resources for Food Production Equal status between men and women in the titling of theland and issuance of contracts and patents, and in the filing,acceptance, processing, and approval of public landapplications particularly for Emancipation Patent (EP) andCertificate of Land Ownership Award (CLOA) (DAR) Certificate of Stewardships shall be issued in the name ofBOTH spouses (DENR)
    9. 9. Section 25. Right to Decent WorkDOLE and CSC to: Advance women’s rights to decent workFacilitate adequate consultative mechanisms with workers andemployers groupsEnsure the provision of support services and gears to protectwomen from occupational and health hazards taking intoaccount women’s maternal functions Work closely with both the employers and unions or workerrepresentatives, in the private sector in promoting a safe andhealthy workplace
    10. 10. Section 26. Right to Livelihood,Credit, Capital and TechnologyDOF, DTI, BSP, PCFC, GFIs and MFIs shall formulateand implement policies, plans and programs to givewomen easy access to capital and credit for businessenterprisesDOLE, TESDA, NAPC, DOST, DTI, DSWD, DA, DOF,BSP, TRC and other BSOs shall ensure availability oftrainings and capacity building programs for womenpotential entrepreneurs and ensure provision of supportservicesDOLE shall ensure the integration of returning womenmigrant workers into the labor force
    11. 11. Section 30. Social ProtectionSustain labor market programs to create employmentand alternative livelihood (DOLE, DTI, DSWD, LGUs andother similar agencies) Reduce transfer costs of remittances from abroad (DFA,BSP)Establish a health insurance program for senior citizens(PhilHealth and LGUs)Support community-based social protection scheme anddevelop social protection programs for women withdisabilities (NCDA, PhilHealth, SSS, GSIS, LGUs)
    12. 12. Section 30. Social Protection SSS and PhilHealth shall support indigenous and community-based social protection schemes, and conduct regular reviewand consultations to ensure benefit packages are responsive andaffordable to marginalized sectors Provide learning sessions on women’s safety and healththrough existing structures within the LGUs or by creating newmechanisms (DOLE and LGUs) Mainstream programs on poverty reduction and disaster riskreduction (NAPC and disaster coordinating councils together with LGUs)
    13. 13. Section 27. Right to Educationand Training (for migrantworkers)DOLE and other concerned agencies shall ensure theprovision of the following: Training institutions accessible to migrant women irrespective of age, ethnicity,religion, class and marital status Extensive dissemination of training and scholarship programs that will widentheir career options Language skills training and culture familiarization on the country of destination Database on returning migrant workers who would want to avail of skillsdevelopment and training GSTs and Seminars
    14. 14. POLITICALVOICE
    15. 15. Section 12. Protection fromViolenceRESPONSIBLE AGENCIES: CSC, DBM, NAPOLCOM, NBI,DOJ. Incremental increase in the recruitment and training of women in thepolice force, forensics and medico-legal, legal services, and social workservices within the next 5 years until 50% are women No women shall be forcibly recruited/required to take part in armedconflict Mandatory training on gender and human rights for all governmentpersonnel Establishment of a VAW Desk in all barangays
    16. 16. Section 14. Participation andRepresentation 50-50 gender balance in 5 years for women employees for third-levelpositions (CESB, CSC) 40% membership of women in all development councils (RDCs forregional development councils, LGUs for local developmentcouncils) Women represented in other policy and decision-making bodies Review of policies on recruitment and selection, qualifyingexaminations, assignment of posts and missions (DFA, DTI, DSWD,DOLE) to incorporate womens political participation in their guidelines(COMELEC)
    17. 17. Section 28. Right to Participationand Representation Ensure women’s participation in all decision-makingand policy-making bodies in national, regional andlocal levels in the following:- PARC, PARCCOM, BARC, community-basedmanagement bodies/mechanisms, NAFC,NFARMC, NCIP, PCUP, LHBs, NAPC BasicSectoral Councils- ensure sectoral councils have at least 30% womenmembership (NAPC)
    18. 18. SOCIAL/LEGAL RIGHTS
    19. 19. Section 12. Protection fromViolenceAll barangays shall establish a Violence AgainstWomen (VAW) Desk.• RESPONSIBLE AGENCIES/INSTITUTIONS:PCW, DILG, DSWD, DOH, and DepEd, ALLBARANGAYS, PROVINCIAL GOVERNORS,CITY AND MUNICIPAL MAYORS
    20. 20. Section 15. Equal TreatmentBefore the Law Prioritizing the repeal/amendment of the discriminatoryprovisions of existing lawsFamily Code of the PhilippinesDecision-making in the family (Art. 14, 96 and 124, 211, 225,55)Revised Penal Codeon adultery and concubinage (Art. 333-334)on definition of vagrants and prostitution (Art. 202)on premature marriage (Art. 351)on night work prohibition (Art. 30 of the Labor Code) Section on disputable presumptions of the Rules of Court (Art.130)Code of Muslim Personal LawsRA 8353 – removal of criminal liability of rapist when victim marrieshim LGUs to review local existing ordinances and policies
    21. 21. Section 16. Equal Access and Elimination ofDiscrimination in Education, Scholarships, andTraining Development and promotion of a gender-sensitivecurriculum and gender-fair instructional materials (DepEd,CHED, TESDA) More women in non-traditional skills trainingProhibition of expulsion and non-readmission of womenfaculty and students due to pregnancy outside marriage(DepEd, CHED, TESDA to monitor and ensurecompliance)
    22. 22. Section 21. Special LeaveBenefits for Women Special leave of 2 months with full pay for femaleemployees who underwent surgery caused bygynecological disorders The following terms and conditions shall apply:1. She has rendered at least six (6) months continuous aggregateemployment service for the last twelve (12) months prior to surgery;2. In the event that an extended leave is necessary, the femaleemployee may use her earned leave credits; and3. This special leave shall be non-cumulative and non-convertible tocash. CSC and DOLE to issue further guidelines andappropriate memorandum circulars within sixty (60) daysfrom the adoption of the IRR
    23. 23. Section 20. Women’s Right to Health STIs, HIV and AIDS Prevention of abortion andmanagement of pregnancy-relatedcomplications Violence against Women Infertility and sexual dysfunctions Care of elderly women Mental health management,treatment and interventions Pre-natal services, deliveryand post-natal services Breastfeeding and propernutrition for lactating mothers Responsible, ethical, legal,safe, and effective method offamily planning Family and State collaboration inyouth sexuality education Reproductive tract cancersComprehensive health services - ensure access to thefollowing programs and services:
    24. 24. Section 20. Women’s Right to HealthRoles of Agencies Development and institutionalization of sex-disaggregateddatabank on health-related concerns (DOH) Provision of functional girl-child and adolescent health services inevery school (DepEd with DOH) Inclusion of maternal care and womens health services in itsbenefit packages (PhilHealth) DOLE to require workplaces to provide facilities for women (ie.Breastfeeding areas, toilets and dressing rooms)
    25. 25. Section 20. Women’s Right to HealthRoles of LGUs Implement gender-responsive, rights-based and culture-sensitive localordinances and policies that promote the comprehensive health of girls,adolescents, women and elderly women Formulate a health human resource development plan to ensure sufficient no.of skilled health professionals to attend to all deliveries, and availability ofqualified and capable health service providers Develop health programs that:Encourage constituents to access and demand services for women & girlsInvolve women and girls in planning health programs and in decision-makingAllocate budget or resources for implementing programs for women andgirls in the local level
    26. 26. Section 20. Women’s Right to HealthRoles of LGUs Monitor progress of programs for women and girls Enhance parent effectiveness services, programs and educational activitieson gender-based violence and other forms of VAW in the barangay Coordinate with DOH in the organization of inter-local health zones Strengthen the local health board Develop awards system to encourage excellent performance in theimplementation of women’s health programs Organize communities to implement health programs for women and girls Continue dialogues to clarify implementation of laws in relation topregnancy that endangers the life of the mother
    27. 27. Section 20. Women’s Right to HealthComprehensive Health Information and EducationRESPONSIBLE AGENCIES: DEPED, CHED AND GOVTAGENCIES WITH HEALTH-RELATED PROGRAMS ANDSERVICES Age appropriate adolescent health and sexuality educationtaught by trained educators in both public and private schools Sexuality education for parentsPrograms for the elderly womenTrainings for health service providers/educators towardsgender-responsive, culture-sensitive, non-discriminatory andnon-judgmental behaviors and attitudes Health and sexuality education/counseling available in teencenters
    28. 28. ISSUES AND CONCERNSA call for the full implementation of MCWStructural problems in the implementationNeeds massive information campaign atnational and local levelsImprovement in capacities for monitoringand reporting;Improvement in governance mechanismsand processes for womens participationHarmonization of related laws with MCW.
    29. 29. Thank you for listening!

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