Magna Carta of Women

The launch of the Magna Carta of Women Implementing Rules and Regulations (MCW IRR) last week is hailed as a ground-breaking event as it provides the legal framework that recognizes women’s role in nation-building, and promotes equality between women and men in Philippine society.

The salient features of the document include the establishment of Violence Against Women (VAW) desks in all barangays, non-discriminatory and non-derogatory portrayal of women in media and film, special leave benefits for women, empowerment within the Civil Service, comprehensive health services and health information and education, and increase in hiring of women in military, police and other similar services.

Another document launched along with the MCW was the 2010 Asia-Pacific Human Development Report (APHDR) “Power, Voice and Rights: A turning Point for Gender Equality in Asia and the Pacific,” which aims to strengthen government commitment to overcome gender inequalities.

The event took cognizance of the 30th anniversary of the signing by the Philippines of the United Nations’ Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW). CEDAW provides the basis for equalizing women and men’s access to and equal opportunities in political and public life. The MCW is the Philippines’ version of CEDAW, providing the mechanisms to remove discrimination and ensure women of their rights.

The MCW was signed into law, i.e. RA 9710, last year, but its implementing rules and regulations, was launched only last week. Nine years ago, the bill was sponsored mainly by Congresswoman Josie Manuel Joson in the 12th Congress. The drafting of the Magna Carta’s IRR had to go through the prism of nationwide discussions, analysis, lobbying, advocating, validating, revising and enhancing.

Philippine Commission on Women chair Myrna Yao said at the launch of the IRR as “not perfect . . . the constructive criticisms . . . the passionate reactions of women’s groups, the healthy arguments . . . make the Magna Carta of Women the best that it can be now.” On March 30, this year, the PCW board of commissioners finally adopted the MCW IRR, and approved its launch last week.

Ms. Yao noted that the most-discussed features included the expulsion and non-readmission, prohibiting enrollment and other related discrimination against women students and faculty due to pregnancy outside of marriage.

When are women discriminated against? A flyer issued by the PCW defines discrimination as any gender-based distinction, exclusion or restriction which impairs or nullifies women’s exercise, irrespective of their marital status, of rights and fundamental freedoms in the political, economic, social, cultural, civil, or any other field.

Acts of omission are those that restrict women from enjoying access to opportunities and privileges. They also include discrimination against women on grounds of ethnicity, age, poverty, or religion.

The Magna Carta of Women spells out women’s right to protection from all forms of violence, including those committed by the State. This includes increasing the personnel in government services that cater to women victims of gender-related offenses. Mandatory training on human rights and gender sensitivity is required of all government personnel involved in the protection and defense of such victims. Similarly, every barangay is mandated to create a women’s desk to assist victims of wife battering and sexual harassment.

Under the Magna Carta, women have the right to employment in the third level civil service, development councils and planning bodies as well as political parties and international bodies.

This provision is applicable to everyone – women and men – that they have equal treatment before the law. The MCW calls for the amendment or repeal of laws that are discriminatory to women.

Women have access to education, scholarships and training, including the revision of educational materials and curricula to remove gender stereotypes and images. As stated above, pregnancy outside of marriage is no reason for a student’s or faculty’s expulsion from school.

Women are ensured of participation in competitive and non-competitive sports.

Women in the military, police and other similar services, should enjoy the same promotional privileges and opportunities as their men counterpart, including pay increases, additional benefits and awards, based on competency and quality of performance. They should be allowed to enter into contracts including marriage, and enjoy leave benefits such as maternity leaves.

A ticklish, but necessary feature of the law prohibits filmmakers to depict women as sex objects, but requires them to raise the consciousness of the general public in recognizing the dignity of women and their role in the family, community, and society.

Women should enjoy two-month leave benefits that undergo surgery caused by gynecological disorders.

On matters related to marriage and family relations, the State shall ensure the same rights of women and men to enter into and leave marriages, freely choose a spouse, decide on the number and spacing of their children, enjoy the choice of a profession, own, acquire, and administer their property, and the right to acquire, change, or retain their nationality.

The Magna Carta guarantees the civil, political and economic rights of women in the marginalized sectors, those belonging to disadvantaged or vulnerable groups like small farmers and rural workers, fisherfolk, urban poor and workers in the formal and informal economy, migrant workers, indigenous people, senior citizens, persons with disabilities, and solo parents. These rights include food security and resources for food production, including right to the titles of land and stewardship contracts and patents, and access to housing.

The Philippine government, including government-owned and controlled corporations and local government units, is the primary duty-bearer in implementing the MCW. It should adopt gender mainstreaming as a strategy for implementing the law and attaining its objectives.

It’s the PCW that shall be the overall monitoring and oversight body to ensure the implementation of the law. It shall act as the gender and development ombudsman to ensure the promotion and protection of women’s human rights.

Violators of the law will face sanctions to be recommended by the Commission on Human Rights to the Civil Service Commission and other agencies.

Said Chair Yao at the launch, “The MCW is ready to raise the bar higher in reshaping the contours of Philippine bureaucracy and gender relations in society. The State is duty-bound to use a human rights-based approach to accord women their rights, protection, and opportunities available to every member of society. –Domini M. Torrevillas (The Philippine Star)

(My column on Tuesday will be on the 2010 Asia-Pacific Human Development Report.)