Magna Carta of Women

What is particularly significant to reproductive health advocates about the Magna Carta of Women is that it addresses the major causes of women’s mortality and morbidity, including access to maternal care, responsible, ethical, legal, safe and effective methods of family planning. For me, this assures a woman her human right to determine the family planning method of her choice, be it artificial or natural method.

The Magna Carta of Women, which President Gloria Macapagal-Arroyo signed into law Friday, is a comprehensive women’s human rights law that seeks to eliminate discrimination against women by recognizing, protecting, fulfilling and promoting the rights of Filipino women.

Republic Act No. 9710 states that the State “affirms the role of women in nation building and ensures the substantive equality of women and men. It shall promote empowerment of women and pursue equal opportunities for women and men and ensure equal access to resources and to development results and outcome. Further, the State realizes that equality of men and women entails the abolition of the unequal structures and practices that perpetuate discrimination and inequality. To realize this, the State shall endeavor to develop plans, policies, programs, measures, and mechanisms to address discrimination and inequality in the economic, political, social, and cultural life of women and men.”

It had taken years for the law to be passed, Sen. Juan Miguel Zubiri, one of the authors of the landmark legislation, told me after its signing in Malacanang. “Women have the right to be protected from all sorts of discriminatory practices,” he said. Among his co-authors at the signing were Representatives Nanette Castelo-Daza, Ma. Isabelle Climaco, Lorna Silverio, and Juan Edgardo Angara. Former Court of Appeals Justice and former Representative Leonor Ines Luciano, and Social Welfare and Development secretary, both staunch advocates of women’s rights, were also present.

Myrna Yao, chair of the National Commission on the Role of Filipino Women (which the Magna Carta has changed into the Philippine Commission on Women), said at the signing program, that R.A. 9710 is “a landmark law because the Philippines will now have a national framework for the Implementation of the provisions of the United Nations Convention on the Elimination of all Forms of Discrimination Against Women or CEDAW, considered as the international bill of rights for women.”

Discrimination against women is any gender-based distinction, exclusion, or restriction which nullifies the recognition, enjoyment, or exercise by women in the political, economic, social, cultural and civil fields.

Any act or omission including by law, policy, administrative measure or practice, that does not recognize their rights and access to employment opportunities, is punishable by law.

Discrimination on the grounds of status or condition, such as ethnicity, age, poverty, or religion, is likewise punishable. Women cannot be fired or hired on the basis of their gender. Nor can women and teenage girls be fired for pregnancy outside of marriage.           

Women have the right to protection and security in times of disaster, calamities and other crisis situations, especially in all phases of relief, recovery, rehabilitation and construction efforts.

Women will be given equitable participation and representation in the civil service, development councils and planning bodies.

Gender stereotypes and images in educational materials should be removed.

Sports development must include women.

There should be no discrimination against women in employment in the military, police and other services.

Non-discriminatory and non-derogatory portrayal of women in media and films must be stopped.

Aside from giving mothers access to family planning services, they should enjoy two months maternity leave benefits.

Women from marginalized sectors, including the poor, small farmers, rural workers, fisherfolk, Moro children, senior citizens, and persons with disabilities, have the right to social services and amenities including housing and water.

The State, the private sector and society in general and all individuals should contribute to the recognition, respect and promotion of the rights of women. The Philippine government shall be the “primary duty-bearer” in implementing the Act.

The Commission on Human Rights recommends to the Civil Service Commission and the Department of the Interior and Local Government, the penalties imposed on violators of the Act.

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According to Chair Yao, discussions on the Magna Carta of Women started in 2002 during the 12th Congress when two House bills, the Magna Carta for Women and the Magna Carta of Women in Rural Development, were filed. During the 13th Congress, the two House bills were merged into substitute Bill 5285, which was eventually revised, refined and subject to national consultations by NGOs. As a result of various consultations, the Magna Carta for Women became Magna Carta of Women to highlight women’s active participation in their own development rather than being more passive agents.

Chair Yao said there was intense lobbying by women’s groups led by the Study and Action Core Group in both the House and the Senate. The passage of the bill was fast-tracked when President Arroyo included the Magna Carta of Women in her list of priority bills.

Sen. Pia Cayetano, the Senate Bill main author, in a statement sent to media, said through Act 9710, Congress “rectifies the wrongs” committed against Filipino women. She said, “We cannot allow the vestiges of our chauvinist past to continue to rule over us. We hope to specifically address these issues with the passage of the Magna Carta of Women.” –Domini M. Torrevillas (The Philippine Star)

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