Exactly what are the specific responsibilities of government under the Magna Carta of Women?

Published by rudy Date posted on September 13, 2009

The Philippine Commission on Women (this is the new name of the National Commission on the Role of Filipino Women, or NCRFW, as mandated by the MCW) gives this answer:

The Magna Carta of Women mandates all government offices, including government-owned and controlled corporations and local governments, to adopt gender mainstreaming as a strategy for implementing the law and attaining its objectives.

It also mandates (a) planning, budgeting, monitoring and evaluation for gender and development, (b) the creation and/or strengthening of gender and development focal points, and (c) the generation and maintenance of gender statistics and sex-disaggregated databases to aid in planning, programming and policy formulation.

Under this law, the National Commission on the Role of Filipino Women, renamed as the Philippine Commission on Women (PCW), shall be the overall monitoring and oversight body to ensure the implementation of the law. As an agency under the Office of the President of the Philippines, it will be the primary policy-making and coordinating body for women and gender equality concerns and shall lead in ensuring that government agencies are capacitated on the effective implementation of the Magna Carta of Women.

Consistent with its mandate, the Commission on Human Rights shall act as the Gender and Development Ombud to ensure the promotion and protection of womens human rights. The Commission on Audit shall conduct an annual audit on the government offices use of their gender and development budgets for the purpose of determining its judicious use and the efficiency, and effectiveness of interventions in addressing gender issues.

Local governments are also encouraged to develop and pass a gender and development code to address the issues and concerns of women in their respective localities based on consultation with their women constituents.

What are the penalties of violators?

If the violation is committed by a government agency or any government office, including government-owned and controlled corporations and local governments, the person directly responsible for the violation, as well as the head of the agency or local chief executive shall be held liable under the Magna Carta of Women. The sanctions under administrative law, civil service or other appropriate laws shall be recommended by the Commission on Human Rights to the Civil Service Commission and the Department of the Interior and Local Government. Further, in cases where violence has been proven to be perpetrated by agents of the State, such shall be considered aggravating offenses with corresponding penalties depending on the severity of the offenses.

If the violation is committed by a private entity or individual, the person directly responsible for the violation shall be liable to pay damages.

Further, the offended party can also pursue other remedies available under the law and can invoke any of the other provisions of existing laws, especially those that protect the rights of women.

How will the implementation of the Magna Carta of Women be funded?

The Magna Carta of Women provides that the State agencies should utilize their gender and development budgets for programs and activities to implement its provisions. Funds necessary for the implementation of the Magna Carta of Women shall be charged against the current appropriations of the concerned agencies, and shall be included in their annual budgets for the succeeding years.

The Magna Carta of Women also mandates the State to prioritize allocation of all available resources to effectively fulfill its obligations under the said law.

When is the effectivity of the Magna Carta of Women?

The Magna Carta of Women shall take effect 15 days after its publication in at least two newspapers of general circulation.

Who will formulate the Implementing Rules and Regulations?

The Philippine Commission on Women, in coordination with the Commission on Human Rights and all concerned departments and agencies including, as observers, both Houses of Congress, and with the participation of representatives from nongovernment organizations and civil society groups shall formulate the implementing rules and regulations of the Magna Carta of Women within 180 days after its effectivity. –Manila Times

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