3 women's right v2

Women Can With Women’s Rights
Babae, may Karapatan ka!

The agenda to
eradicate poverty is
inextricably tied to the
ability of government to
protect and more
importantly, advance
human rights.

 It is a mainstreaming process to link human rights
to development.
 It is a conceptual framework for the process of
human development that is normatively based on
international human rights standards and
operationally directed to promoting and protecting
human rights
 As an approach to development, it essentially
integrates the norms ,standards and principles of
the international human rights system into
plans,policies and processes of development.

Human Rights
Development
Development
HumanHuman
RightsRights
Is human rights a
subset of
development?

HUMAN
RIGHTS
DEVELOPMENT
HUMAN RIGHTS & DEVELOPMENT ARE NOT YET
LINKED REPRESENTED BY TWO SEPARATE SPHERES

HUMAN RIGHTS
DEVELOPMENT
Human rights and
development are
not distinct or
separate spheres.
Development
should be properly
seen as a subset of
human rights.

There is a need for AN ACTION FRAMEWORK to beThere is a need for AN ACTION FRAMEWORK to be
adopted WITH HUMAN RIGHTS AND DEVELOPMENTadopted WITH HUMAN RIGHTS AND DEVELOPMENT
REPRESENTED BY TWO SPHERES, TO BE TREATEDREPRESENTED BY TWO SPHERES, TO BE TREATED
AS A WORK IN PROGRESS TOWARDS FULLAS A WORK IN PROGRESS TOWARDS FULL
CONVERGENCE INTO JUST ONE CIRCLECONVERGENCE INTO JUST ONE CIRCLE. This is the. This is the
HRBA action framework.HRBA action framework.
HUMAN
RIGHTS
DEVELOPMENT

In HRBA, GOVERNANCE AS THE MANAGER OF
DEVELOPMENT WILL FACILITATE CONVERGENCE
GOVERNANCE AS ENTRY
POINT & FACILITATING FORCE
HUMAN
RIGHTS DEVELOPMENT

Express linkage to
human rights
Accountability
Empowerment
Participation
Nondiscrimination and attention to
vulnerable groups

U.N. Declaration of Human Rights, Preamble
“Whereas, recognition of the inherent dignity and of
equal and in alienable rights of all members of the
human family is the foundation of freedom,
justice and peace in the world”
Constitutional policy on Human Rights, Art. 11,
Sec 11, 1987 Philippine Constitution
“Whereas, recognition of the inherent dignity and of
equal and in alienable rights of all members of the
human family is the foundation of freedom,
justice and peace in the world”

UN Definition
Human rights are those rights which
are inherent in our nature and
without which we cannot live as
human beings (U.N.)
CHR Definition
Human rights are those rights which
are supreme, inherent and
inalienable rights to life, dignity and
self-development. It is the essence
of these rights that make man
human.

Fundamental Characteristics
of Human Rights

 HRs are endowed to every human being
from the moment of birth without
distinction as to race, color, religion,
age, ethnic origin, status or condition in
life.
 Dignity being inherent in every human
being remains the same whatever the
situation is, or wherever one is.
 HRs are held by all persons equally,
universally, and forever.
1. UNIVERSALITY

 Is a manifestation that a person cannot be
denied or deprived of his or her HRs,
notwithstanding that he has already
enjoyed, or is already enjoying other rights.
 HRs are not piecemeal rights and hence not
capable of division.
2. INDIVISIBILITY

 The fulfillment, enjoyment or exercise of
a particular right cannot be attained
without the realization of other rights.
 HRs are interlinked with one another.
3. INTERDEPENDENCE AND
INTERRELATEDNESS

4. INALIENABILITY
 A person cannot lose these
rights any more than you can
cease being human being.
 A person’s rights cannot be
taken from a person under any
circumstances.

5. EQUALITY AND NON-
DISCRIMINATION
All persons are entitled to and
should enjoy human rights on
equal basis. That men and
women shall equally enjoy and
exercise all their fundamental
rights and freedoms.

 1993 World Conference on
Human Rights
re-affirmed that human rights are the birthright
of all human beings
the protection of human rights is the first
responsibility of government

o    Universal Declaration of Human rights
o   Vienna Declaration
o   Beijing Platform For Action
o   International Covenant on Civil and Political Rights
o   International Covenant on Economic, Social and
Cultural Rights
o     Convention on the Elimination of All Forms of
Discrimination Against Women (CEDAW)

 all human beings are born free and equal in
dignity and rights
 everyone is entitled to all the rights and
freedoms set forth in this Declaration without
distinction of any kind

 … the human rights of women and the girl-
child are an inalienable, integral and
indivisible part of universal human rights..
The full and equal participation of women…
and the eradication of all forms of
discrimination on the grounds of sex are
priority objectives of the international
community… urges the full and equal
enjoyment by women of all human rights…

 #224. … gender-based violence, such as
battering, and other domestic violence,
sexual abuse, sexual slavery and
exploitation, and international trafficking…
forced prostitution and sexual harassment,
as well as violence against women… are
incompatible with the dignity and worth of
the human person and must be combated
and eliminated

 State parties condemn discrimination against
women in all its forms, and agree to pursue a policy
of eliminating discrimination

 respect
 protect
 assist and fulfill
 promote

1. TO RESPECT
means simply not to interfere with
their enjoyment.
e.g. states should refrain from carrying out
forced evictions and not arbitrarily restrict
the right to vote or the freedom of
association.

2. TO PROTECT
means to take steps to ensure that
third parties do not interfere with
their enjoyment.
e.g. states must protect the accessibility of education
by ensuring that parents and employers do not stop
girls from going to school.

3. TO FULFILL
To fulfill human rights means to
take steps progressively to realize
the right in question.
e.g. creating conditions in which the market can
supply the healthcare services that they demand or
direct provision of services if the right concerned
cannot be realized

 PROTECTION OF WOMEN’S RIGHTS
 Quality education and comprehensive health
services
 Freedom from violence and exploitation
 Leisure and cultural activities
 Decide when and how many pregnancies to have
 Shared parenting
Women Can With Women’sRights

 ECONOMIC EMPOWERMENT
Equal access to employment and equal
benefits and equal pay for work
Be granted credit financing
 GOOD GOVERNANCE
Be active participants in policy-making
WOMEN’S RIGHTS ARE HUMAN RIGHTS

 1987 Philippine Constitution:the
State recognizes the role of
women in nation building and shall
ensure the fundamental equality
before the law of women and men

 Family Code of 1987 : has provided for a
more equitable relationship between women
and men. Some provisions:
women can exercise their own profession and
spouse cannot object except on valid, serious and
moral grounds
management of home is a joint parental
responsibility
recognizes the value of full-time homemaker
provides certain rights to illegitimate children

 RA 7877: Anti-Sexual Harassment Act of
1995 -
defines sexual harassment for which
criminal, civil and administrative cases
may be filed against offender; covers
both the work and education/training
environment, but requires the
presence of moral ascendancy

 Anti Trafficking in Person Law:
- penalizes activities relating to the
trafficking of women

 RA 8505: Rape Victim Assistance & Protection Act of 1998
(1998)
 necessary assistance and protection for rape victims
provided for
 establishment of a rape crisis center in every province
and city
 protective measures during the course of the case:
 right to privacy of the parties
 closed-door proceedings allowed
 proceedings in a language or dialect familiar to the
parties
 rape shield: evidence of complainant’s past sexual
conduct, opinion or reputation not admissible unless
Court finds it material and relevant

 RA 8353: The Anti-Rape law of
1997(1997):
considers as rape the insertion by a person of
any object into the anal or genital orifice of
the victim
defines marital rape in valid marriages, but
that subsequent forgiveness by the wife as
offended party shall extinguish the criminal
action or penalty
any physical overt act manifesting resistance in
any degree, or where party is rendered
incapable of giving valid consent may be
accepted as evidence

 RA 8972: SOLO PARENTS’ WELFARE ACT OF 2000 (7
November 2000)
 prescribes a comprehensive program of services for
solo parents and their children
 recognizes 10 instances under which one can be
classified as a solo parent
 provides for an additional 7 day parental leave
benefits for solo parents, over and above existing
leave benefits
 allows a flexible working schedule and prohibits
discrimination against any solo parent employee

 RA 9262: Anti-Violence Against Women and
Children
 Address the prevalence of VAWC, abuse on
women and their children by their intimate
partners like:
Husband or ex-husband
Live-in partner or ex-live-in partner
BF/GF or ex BF/GF
Dating partner or ex-dating partner
 VAWC is classified as a public crime

 RA 7610: Special Protection of Children
Against Child Abuse, Exploitation and
Discrimination Act (1992)
provides special protection to children from
all forms of abuse, neglect, cruelty,
exploitation and discrimination, and other
conditions prejudicial to their development

 RA 7322- Act Increasing Maternity
Benefits in Favor of Women Workers in
the Private Sector (1992)
provides daily maternity benefits of 100% the
present basic salary, allowances and other
benefits, for a maximum of 60 days per
delivery
covers only the first four deliveries

 RA 8187: Paternity Leave Act of 1996
allows every married male employee to
7 days paid leave when his legitimate
spouse has delivered a child, suffered
a miscarriage, so as to enable him to
effectively lend support to his wife
during her period of recovery and/or in
nursing the newborn child

 RA 8042: Migrant Workers’ Act (1995)
defines the rights of Filipino migrant workers,
prescribes prohibited acts and provides for
remedies
Philippine Labor Arbiter now has exclusive
original jurisdiction over OFW claims arising
from foreign employment

 RA 7655: Act Increasing the Minimum
Wage of Helpers (1993)
minimum wage: P 800.00/month in Highly
Urbanized cities; P600.00/month in chartered
cities and first class Municipalities;
P500.00/month in other municipalities
employer to review employment contract
every three years
SSS coverage for all househelp receiving at
least P1,000.00 a month

 RA 6725: Act Strengthening the Prohibition on
Discrimination Against Women (1989):
declares it unlawful for employer to discriminate
against any employee with respect to terms and
conditions of employment solely on account of
her sex, such as:
payment of a lesser compensation for work of
equal value
favoring a male employee with respect to
promotion, training opportunities, study and
scholarship grants solely on account of their
sexes

 RA 7882: Act Providing Assistance to
Women Engaging in Micro and Cottage
Business enterprises (1995)
 all Filipinas, at least 18 years old, regardless of
civil status
 priority to obtain a loan not exceeding value of
their business equipment, at prime interest rate
or 12% per annum

 RA 7882(continuation):
 all government financing institutions mandated to set aside
5% of their loanable funds
 prohibited acts:
 sell, mortgage,pledge, encumnber any of the equipment,
tools,materials when loan not yet fully paid
 refuse,deny or delay without justifiable cause granting
the loan
 Women with Existing Mico and Cottage Business
 have been at least a year in the business
 daily inventory of goods not exceeding P25Th or business
equipment with book value not exceeding P50Th
 good track record in sales

 RA 7882(continuation):
 Business Learner
 certified by TESDA, a government or government-
accredited training institution as eligible to operate a
micro or cottage industry (except retail store) with
maximum capitalization of P25Th
 to purchase basic equipment, tools and materials
 subject to chattel mortgage in favor of the government
financing institution extending the loan
 TESDA to provide free training

 RA 6657: Comprehensive Agrarian
Reform Law (1988)
Guarantees and assures equal rights to
land ownership, equal share on farm
produce and representation in advisory or
appropriate decision making bodies to
qualified women.

 RA 7394 : Consumer Act of the Philippines
Establishes safeguards to protect the rights
of the consumer, and prescribes the
mechanisms to be followed in seeking
redress.

 RA 6972: Barangay-Level Total Development
and Protection of Children Act (1990)
Establishes day care centers in every barangay
to free women for other activities such as
taking a job or going to school, or other
activities they cannot otherwise undertake if
they were left to care for their children

 RA 6809: Act Lowering the Age of
Majority to 18 years
Provides for legal emancipation at age 18;
emancipation terminates parental
authority over the person and property of
the emancipated child who shall
thereafter be qualified and responsible
for all acts of civil life.

 RA 7305: Magna Carta of Public Health
Workers (1992)
grants additional benefits to public health
workers, majority of them women. Allows
public health worker couples to be
employed or assigned in the same
municipality thereby ensuring that married
female public health workers would not
have to choose between family and career.

 RA 6949: An Act to Declare March Eight of
Every Year as a Working Special Holiday to
be Known as National Women’s Day (1990)
Directs heads of government agencies and
employers in the private sector to
encourage and afford sufficient time and
opportunities for their employees to engage
and participate in any activity to celebrate
National Women’s Day.

 RA 7941: Party List System Act (1995)
 allows marginalized groups , such as women,
to form their sectoral groupings and be
considered for representation in Congress if
they qualify

 RA 7160: Local Government Code of
1991(1991)
 provides for the formation of local
councils for women/councils for the
protection of children, women as a
sector deserving of representation
in local legislative bodies

 RA 7192: Women in Development and
Nation Building Act (1991):
provides women, especially married women, the
same rights as men and to this end, eliminates
need for a married women to obtain spouse’s
consent before entering into transactions
 mandates government to eliminate gender-
biased policies and programs
provides for voluntary PAGIBIG,SSS and GSIS
coverage for full-time homemaker

 GENERAL APPROPRIATIONS ACTS
of 1995, 1996, and onwards
requires all departments, bureaus,
offices and agencies to set aside at
least 5% of their appropriations for
projects designed to address gender
issues in accordance with RA 7192

 JOINT MEMORANDUM CIRCULAR NO. 2001-01:
GUIDELINES FOR INTEGRATING GENDER AND
DEVELOPM,ENT IN THE LOCAL PLANNING AND
BUDGETING SYSTEM THROUGH THE FORMULATION OF
GAD PLANS
 all Governors, City and Municipal Mayors and
Punong Barangays
 all Sangguniang Members
 all Chairpersons of Committee on Women and
Family
 all Regional Directors
 all Others Concerned

 JOINT MEMORANDUM CIRCULAR NO. 2001-01:
GAD PLAN:
 all LGUS shall prepare a GAD Plan addressing the
locality’s gender issues, following section 16 and 17
of the LGC
 all LGUS shall integrate gender concerns in the
formulation of the CDP/CLUP/AIP
 formulation of GAD Plan shall follow the regular
planning and budget calendar
 the local planning & development coordination are
responsible for ensuring that GAD PPAs are
integrated in the local planning process

 JOINT MC NO. 2001-01: (continuation)
GAD PROGRAMS/PROJECT AND ACTIVITIES:
 all LGUs must ensure that GAD PPAs implemented
at their level are responsive to and supportive of
the LGC provisions, specifically Sec. 16 ( General
Welfare) and Section 17 (Basic Services and
Facilities), and other related provisions
 in the identification of improved access
conditions for women and children, LGUs must
ensure that interventions for improved access
conditions generated from the IRAP procedure are
primarily considered

 JOINT MC NO. 2001-01: (continuation)
APPROPRIATIONS FOR GAD :
 LGUs shall ensure that appropriate funds are allocated
for implementation of GAD PPAs
 provinces, cities, municipalities and barangays shall
allocate funds for the implementation of the GAD Plan
coming form
internal and local sources
foreign donors
other external funding agencies
and as mandated by budget guidelines

 Women’s Priority Legislative Agenda
Magna Carta of Women
Anti-Prostitution
Marital Infidelity
Reproductive Health, Responsible
Parenthood and Population
Management
Kasambahay (Household Workers
Local Sectoral Representation

 Women’s Rights are Human
Rights, too!
 Protect and Advance
Human’s Rights.

3 women's right v2

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