equality women's group (cedaw 1 30 with national laws)

8/22/2019 EQUALITY Women's Group (CEDAW 1 30 With National Laws)

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WOMEN

CEDAW DOMESTIC LAWS

Article 1

For the purposes of the present Convention, the term "discriminationagainst women" shall mean any distinction, exclusion or restrictionmade on the basis of sex which has the effect or purpose of impairing ornullifying the recognition, enjoyment or exercise by women, irrespectiveof their marital status, on a basis of equality of men and women, of

human rights and fundamental freedoms in the political, economic,social, cultural, civil or any other field.

1987 Philippine ConstitutionArticle II Section 14. The State recognizes the role of women in nation-building, andshall ensure the fundamental equality before the law of women and men.

Republic Act 7192Women in Development and Nation Building Act

Files:Republic Act 7192

AN ACT PROMOTING THE INTEGRATION OF WOMEN AS FULL AND EQUALPARTNERS OF MEN IN DEVELOPMENT AND NATION BUILDING AND FOR OTHERPURPOSES.

Article 2

States Parties condemn discrimination against women in all its forms,agree to pursue by all appropriate means and without delay a policy ofeliminating discrimination against women and, to this end, undertake:(a) To embody the principle of the equality of men and women in theirnational constitutions or other appropriate legislation if not yetincorporated therein and to ensure, through law and other appropriatemeans, the practical realization of this principle;(b) To adopt appropriate legislative and other measures, includingsanctions where appropriate, prohibiting all discrimination againstwomen;(c) To establish legal protection of the rights of women on an equalbasis with men and to ensure through competent national tribunals andother public institutions the effective protection of women against anyact of discrimination;(d) To refrain from engaging in any act or practice of discriminationagainst women and to ensure that public authorities and institutionsshall act in conformity with this obligation;(e) To take all appropriate measures to eliminate discrimination againstwomen by any person, organization or enterprise;(f) To take all appropriate measures, including legislation, to modify orabolish existing laws, regulations, customs and practices whichconstitute discrimination against women;

(g) To repeal all national penal provisions which constitutediscrimination against women.

1987 Philippine ConstitutionArticle III.Section 1. No person shall be deprived of life, liberty, or property without due processof law, nor shall any person be denied the equal protection of the laws

Republic Act 9710Magna Carta of Women

The MCW is a comprehensive women's human rights law that seeks to eliminatediscrimination through the recognition, protection, fulfilment and promotion of the rightsof Filipino women, especially those belonging in the marginalized sectors of the society.It conveys a framework of rights for women based directly on international law.

Executive Order No. 208Further Defining the Composition, Powers and Functions of the NationalCommission on the Role of Filipino WomenFiles:Executive Order 208

WHEREAS, Sec. 14 of Art. XIII of the Philippine Constitution provides for the protectionof women by providing such facilities and opportunities that will enhance their welfareand enable them to realize their full potential in the service of the nation

Article 3

States Parties shall take in all fields, in particular in the political, social,economic and cultural fields, all appro ipriate measures, includinglegislation, to en sure the full development and advancement of women, for the purpose of guaranteeing them the exercise and enjoyment ofhuman rights and fundamental freedoms on a basis of equality withmen.

The 1987 Philippine Constitution, Article II, Section 14. The State recognizes therole of women in nation-building, and shall ensure the fundamental equality before thelaw of women and men.

The 1987 Philippine Constitution, Article VI,

Section 5,( 2.) The party-list representatives shall constitute twenty per centum of thetotal number of representatives including those under the party list. For threeconsecutive terms after the ratification of this Constitution, ONE-HALF OF THE SEATSALLOCATED TO PARTY-LIST REPRESENTATIVES SHALL BE FILLED, ASPROVIDED BY LAW, BY SELECTION OR ELECTION FROM THE labor, peasant,urban poor, indigenous cultural communities, WOMEN, youth, and such other sectorsas may be provided by law, except the religious sector.

The 1987 Philippine Constitution, Article XIII, Section 14. The State shall protectworking women by providing safe and healthful working conditions, taking into accounttheir maternal functions, and such facilities and opportunities that will enhance theirwelfare and enable them to realize their full potential in the service of the nation.

Republic Act No. 9710 - "The Magna Carta of Women" Section 2. Declaration ofPolicy. - Recognizing that the economic, political, and sociocultural realities affectwomen's current condition, the State affirms the role of women in nation building andensures the substantive equality of women and men. It shall promote empowerment ofwomen and pursue equal opportunities for women and men and ensure equal access toresources and to development results and outcome. Further, the State realizes thatequality of men and women entails the abolition of the unequal structures and practicesthat perpetuate discrimination and inequality. To realize this, the State shall endeavor todevelop plans, policies, programs, measures, and mechanisms to address

discrimination and inequality in the economic, political, social, and cultural life of womenand men.

The State condemns discrimination against women in all its forms and pursues by allappropriate means and without delay the policy of eliminating discrimination againstwomen in keeping with the Convention on the Elimination of All Forms of Discrimination

Against Women (CEDAW) and other international instruments consistent with Philippinelaw. The State shall accord women the rights, protection, and opportunities available toevery member of society.

The State affirms women's rights as human rights and shall intensify its efforts to fulfillits duties under international and domestic law to recognize, respect, protect, fulfill, andpromote all human rights and fundamental freedoms of women, especially marginalized


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women, in the economic, social, political, cultural, and other fields without distinction ordiscrimination on account of class, age, sex, gender, language, ethnicity, religion,ideology, disability, education, and status. The State shall provide the necessarymechanisms to enforce women's rights and adopt and undertake all legal measuresnecessary to foster and promote the equal opportunity for women to participate in andcontribute to the development of the political, economic, social, and cultural realms.

The State, in ensuring the full integration of women's concerns in the mainstream ofdevelopment, shall provide ample opportunities to enhance and develop their skills,acquire productive employment and contribute to their families and communities to thefullest of their capabilities.

In pursuance of this policy, the State reaffirms the right of women in all sectors toparticipate in policy formulation. planning, organization, implementation, management,monitoring, and evaluation of all programs, projects, and services. It shall supportpolicies, researches, technology, and training programs and other support servicessuch as financing, production, and marketing to encourage active participation ofwomen in national development.

Section 12. Equal Treatment Before the Law. - The State shall take steps to reviewand, when necessary, amend and/or repeal existing laws that are discriminatory towomen within three (3) years from the effectivity of this Act.

Section 13. Equal Access and Elimination of Discrimination in Education, Scholarships,and Training. - (a) The State shall ensure that gender stereotypes and images ineducational materials and curricula are adequately and appropriately revised. Gender-sensitive language shall be used at all times. Capacity-building on gender anddevelopment (GAD), peace and human rights, education for teachers, and all thoseinvolved in the education sector shall be pursued toward this end. Partnershipsbetween and among players of the education sector, including the private sector,churches, and faith groups shall be encouraged.(b) Enrollment of women in nontraditional skills training in vocational and tertiary levelsshall be encouraged.(c) Expulsion and non-readmission of women faculty due to pregnant;- outside ofmarriage shall be outlawed. No school shall turn out or refuse admission to a femalestudent solely on the account of her having contracted pregnancy outside of marriageduring her term in school.

Section 14. Women in Sports. - The State shall develop, establish, and strengthenprograms for the participation of women and girl-children in competitive and

noncompetitive sports as a means to achieve excellence, promote physical and socialwell-being, eliminate gender-role stereotyping, and provide equal access to the fullbenefits of development for all persons regardless of sex, gender identity, and othersimilar factors.For this purpose, all sports-related organizations shall create guidelines that willestablish and integrate affirmative action as a strategy and gender equality as aframework in planning and implementing their policies, budgets, programs, andactivities relating to the participation of women and girls in sports.

Section 19. Equal Rights in All Matters Relating to Marriage and Family Relations. -The State shall take all appropriate measures to eliminate discrimination againstwomen in all matters relating to marriage and family relations and shall ensure:(a) the same rights to enter into and leave marriages or common law relationshipsreferred to under the Family Code without prejudice to personal or religious beliefs;(b) the same rights to choose freely a spouse and to enter into marriage only with their

free and full consent. The betrothal and the marriage of a child shall have no legaleffect;(c) the joint decision on the number and spacing of their children and to have access tothe information, education and means to enable them to exercise these rights;(d) the same personal rights between spouses or common law spouses including theright to choose freely a profession and an occupation;(e) the same rights for both spouses or common law spouses in respect of theownership, acquisition, management, administration, enjoyment, and disposition ofproperty;(f) the same rights to properties and resources, whether titled or not, and inheritance,whether formal or customary; and(g) women shall have equal rights with men to acquire, change, or retain theirnationality. The State shall ensure in particular that neither marriage to an alien norchange of nationality by the husband during marriage shall automatically change thenationality of the wife, render her stateless or force upon her the nationality of the

husband. Various statutes of other countries concerning dual citizenship that may beenjoyed equally by women and men shall likewise be considered.Customary laws shall be respected: Provided, however, That they do not discriminateagainst women.

Section 20. (b) (1) Equal status shall be given to women and men, whether married ornot, in the titling of the land and issuance of stewardship contracts and patents;

(2) Equal treatment shall be given to women and men beneficiaries of the agrarianreform program, wherein the vested right of a woman agrarian reform beneficiary isdefined by a woman's relationship to tillage, i.e., her direct and indirect contribution tothe development of the land;


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(3) Customary rights of women to the land, including access to and control of the fruitsand benefits, shall be recognized in circumstances where private ownership is notpossible, such as ancestral domain claims:

(4) Information and assistance in claiming rights to the land shall be made available towomen at all times;

(5) Equal rights to women to the enjoyment, use, and management of land, water, andother natural resources within their communities or ancestral domains;

(6) Equal access to the use and management of fisheries and aquatic resources, and

all the rights and benefits accruing to stakeholders in the fishing industry;

(7) Equal status shall be given to women and men in the issuance of stewardship orlease agreements and other fishery rights that may be granted for the use andmanagement of coastal and aquatic resources. In the same manner, women'sorganizations shall be given equal treatment as with other marginalized fishersorganizations in the issuance of stewardship or lease agreements or other fishery rightsfor the use and management of such coastal and aquatic resources which may includeproviding support to women-engaged coastal resources;

(12) Equal rights shall be given to women to be members of farmers' organizations toensure wider access to and control of the means of production;

(13) Provide opportunities for empowering women fishers to be involved in the controland management, not only of the catch and production of aquamarine resources butalso, to engage in entrepreneurial activities which will add value to production andmarketing ventures; and

(14) Provide economic opportunities for the indigenous women. particularly access tomarket for their produce.

Section 23. Right to Livelihood, Credit, Capital, and Technology. - The State shallensure that women are provided with the following:(a) Equal access to formal sources of credit and capital;(b) Equal share to the produce of farms and aquatic resources; and(c) Employment opportunities for returning women migrant workers taking into accounttheir skills and qualifications. Corollarily, the State shall also promote skills andentrepreneurship development of returning women migrant workers.

Section 24. Right to Education and Training. - The State shall ensure the following (c)Equal opportunities in scholarships based on merit and fitness, especially to thoseinterested in research and development aimed towards women-friendly farmtechnology.

Section 27. Social Protection. -(a) The Social Security System (SSS) and the Philippine Health Insurance Corporation(PhilHealth) shall support indigenous and community-based social protection schemes.(b) The State shall institute policies and programs that seek to reduce the poverty andvulnerability to risks and enhance the social status and rights of the marginalizedwomen by promoting and protecting livelihood and employment, protecting againsthazards and sudden; loss of income, and improving people's capacity to manage risks.(c) The State shall endeavor to reduce and eventually eliminate transfer costs ofremittances from abroad through appropriate bilateral and multilateral agreements. Itshall likewise provide access to investment opportunities for remittances in line with

national development efforts.(d) The State shall establish a health insurance program for senior citizens andindigents.(e) The State shall support women with disabilities on a community-based socialprotection scheme.

Article 4

1. Adoption by States Parties of temporary special measures aimed ataccelerating de facto equality between men and women shall not beconsidered discrimination as defined in the present Convention, butshall in no way entail as a consequence the maintenance of unequal orseparate standards; these measures shall be discontinued when theobjectives of equality of opportunity and treatment have been achieved.

2. Adoption by States Parties of special measures, including thosemeasures contained in the present Convention, aimed at protectingmaternity shall not be considered discriminatory.

Republic Act No. 9710 - "The Magna Carta of Women"

Section 5. The State as the Primary Duty-Bearer. - The State, as the primary duty-bearer, shall:(a) Refrain from discriminating against women and violating their rights;(b) Protect women against discrimination and from violation of their rights by privatecorporations, entities, and individuals; and

(c) Promote and fulfill the rights of women in all spheres, including their rights tosubstantive equality and non-discrimination.

The State shall fulfill these duties through law, policy, regulatory instruments,administrative guidelines, and other appropriate measures, including temporary specialmeasures.Recognizing the interrelation of the human rights of women, the State shall takemeasures and establish mechanisms to promote the coherent and integratedimplementation, and enforcement of this Act and related laws, policies, or othermeasures to effectively stop discrimination against and advance the rights of women.

The State shall keep abreast with and be guided by progressive developments inhuman rights of women under international law and design of policies, laws, and other


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measures to promote the objectives of this Act.

Section 11. Participation and Representation. - The State shall undertake temporaryspecial measures to accelerate the participation and equitable representation of womenin all spheres of society particularly in the decision-making and policy-makingprocesses in government and private entities to fully realize their role as agents andbeneficiaries of development.The State shall institute the following affirmative action mechanisms so that women canparticipate meaningfully in the formulation, implementation, and evaluation of policies,plans, and programs for national, regional, and local development:(a) Empowerment within the Civil Service. - Within the next five (5) years, the number of

women in third (3rd) level positions in government shall be incrementally increased toachieve a fifty-fifty (50-50) gender balance;(b) Development Councils and Planning Bodies. - To ensure the participation of womenin all levels of development planning and program implementation, at least forty percent(40%) of membership of all development councils from the regional, provincial, city,municipal and barangay levels shall be composed of women;(c) Other Policy and Decision-Making Bodies. - Women's groups shall also berepresented in international, national, and local special and decision-making bodies;(d) International Bodies. - The State shall take all appropriate measures to ensure theopportunity of women, on equal terms with men and without any discrimination, torepresent their governments at the international level and to participate in the work ofinternational organizations;(e) Integration of Women in Political Parties. - The State shall provide incentives topolitical parties with women's agenda. It shall likewise encourage the integration ofwomen in their leadership hierarchy, internal policy-making structures, appointive, andelectoral nominating processes; and(f) Private Sector. - The State shall take measures to encourage women leadership inthe private sector in the form of incentives.

Article 5

States Parties shall take all appropriate measures:(a) To modify the social and cultural patterns of conduct of men andwomen, with a view to achieving the elimination of prejudices andcustomary and all other practices which are based on the idea of theinferiority or the superiority of either of the sexes or on stereotyped rolesfor men and women;(b) To ensure that family education includes a proper understanding ofmaternity as a social function and the recognition of the commonresponsibility of men and women in the upbringing and development of

their children, it being understood that the interest of the children is theprimordial consideration in all cases.

1987 Constitution Art. II Sec. 14.The State recognizes the role of women in nation-building, and shall ensure the fundamental equality before the law of men and women.

1987 Constitution Art. XIII Sec.14. The State shall protect women by providing safeand healthful working conditions, taking into account their maternal functions such asfacilities and opportunities that will enhance their welfare and enable to them to realizetheir full potential in the service of the nation.

1987 Constitution Art. II Sec.12. The State recognizes the sanctity of family and shallprotect and strengthen the family as the basic autonomous social institution. It shallequally protect the life of the mother and the unborn from conception. The natural and

primary right and duty of parents in the rearing of the youth for civic efficiency and thedevelopment of moral character shall receive the support of the government.

Republic Act 7192"An Act Promoting the Integration of Women as Full and Equal Partners of Men inDevelopment and Nation Building and for Other Purposes"

Article 6

States Parties shall take all appropriate measures, including legislation,to suppress all forms of traffic in women and exploitation of prostitutionof women.

Republic Act 9208"An Act to Institute Policies to Eliminate the Trafficking in Persons Especially Womenand Minors, Establishing the Necessary Institutional Mechanism for the Protection andSupport of Trafficked Persons, Providing Penalties for its Violations, and OtherPurposes" (Also known as the "Anti-Trafficking in Persons Act of 2003")

Republic Act 6955"An Act to Declare Unlawful the Practice of Matching Filipino Women for Marriage toForeign Nationals on Mail-Order Basis and other Similar Practices, Including the

Advertisement, Publication, Printing or Distribution of Brochures, Fliers and OtherPropaganda Materials in Furtherance Thereof and Providing Penalty Therefor"

Article 7

States Parties shall take all appropriate measures to eliminatediscrimination against women in the political and public life of thecountry and, in particular, shall ensure to women, on equal terms withmen, the right:(a) To vote in all elections and public referenda and to be eligible forelection to all publicly elected bodies;(b) To participate in the formulation of government policy and theimplementation thereof and to hold public office and perform all publicfunctions at all levels of government;(c) To participate in non-governmental organizations and associationsconcerned with the public and political life of the country.

Act No. 4112"An Act to Amend Section Four Hundred and Thirty-One of the Administrative Code, As

Amended, By Granting the Right of Suffrage to the Women and Making Them Eligibleto All Public Offices, and for Other Purposes"

Republic Act 7160"An Act Providing for a Local Government Code of 1991" - The Local Government

Code has been amended to provide seats for women in all of the 1,600 local legislativeassemblies nationwide.

Republic Act 7941"An Act Providing for the Election of Party-List Representatives Through the Party-List

System, and Appropriating Funds Therefor" - Provides for the election of party-list

representatives through the party-list system and the inclusion of women in the sectoralparty list.

Article 8

States Parties shall take all appropriate measures to ensure to women,on equal terms with men and without any discrimination, the opportunityto represent their Governments at the international level and toparticipate in the work of international organizations.

Republic Act 6725"An Act Strengthening the Prohibition on Discrimination Against Women With Respect

to Terms and Conditions of Employment, Amending for the Purpose Article OneHundred Thirty-Five of the Labor Code, as Amended" - This act strengthens theprohibition of discrimination against women in employment, promotion and trainingopportunities.

Republic Act 8042An Act to Institute the Policies of Overseas Employment and Establish a HigherStandard of Protection and Promotion of the Welfare of Migrant Workers, Their Familiesand Overseas Filipinos in Distress, and Other Purposes" - This Act authorizes the


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granting of small loans to women for the purchase of necessary tools or equipment forthe businesses of their choice, and provides free technical training under the NationalManpower and Youth Council (NMYC), now TESDA.

Article 91. States Parties shall grant women equal rights with men to acquire,change or retain their nationality. They shall ensure in particular thatneither marriage to an alien nor change of nationality by the husbandduring marriage shall automatically change the nationality of the wife,render her stateless or force upon her the nationality of the husband.

2. States Parties shall grant women equal rights with men with respectto the nationality of their children.

The 1987 Philippine Constitution, Article IV, Section 4 . Citizens of the Philippineswho marry aliens shall retain their citizenship, unless by their acts or omission they aredeemed, under the law, to have renounced it.

CA 473 Revised Naturalization Law. An Act to provide for the acquisition of thePhilippine citizenship by naturalization

Republic Act 9139 "The Administrative Naturalization Law of 2000." An Act

providing for the acquisition of Philippine citizenship for certain aliens by administrativenaturalization and for other purposes.

Republic Act 9225 An Act Making the Citizenship of Philippine Citizens WhoAcquire Foreign Citizenship Permanent. It declares the policy of the State the allPhilippine citizens who become citizens of another country shall be deemed not to havelost their Philippine citizenship under the conditions of this Act.

Article 10

States Parties shall take all appropriate measures to eliminatediscrimination against women in order to ensure to them equal rightswith men in the field of education and in particular to ensure, on a basisof equality of men and women:

(a) The same conditions for career and vocational guidance, for accessto studies and for the achievement of diplomas in educationalestablishments of all categories in rural as well as in urban areas; thisequality shall be ensured in pre-school, general, technical, professionaland higher technical education, as well as in all types of vocationaltraining;

(b) Access to the same curricula, the same examinations, teaching staffwith qualifications of the same standard and school premises andequipment of the same quality;

(c) The elimination of any stereotyped concept of the roles of men andwomen at all levels and in all forms of education by encouragingcoeducation and other types of education which will help to achieve this

aim and, in particular, by the revision of textbooks and schoolprogrammes and the adaptation of teaching methods;

(d ) The same opportunities to benefit from scholarships and other studygrants;

(e) The same opportunities for access to programmes of continuingeducation, including adult and functional literacy programmes,particularly those aimed at reducing, at the earliest possible time, anygap in education existing between men and women;

(f) The reduction of female student drop-out rates and the organizationof programmes for girls and women who have left school prematurely;

(g) The same Opportunities to participate actively in sports and physicaleducation;

(h) Access to specific educational information to help to ensure thehealth and well-being of families, including information and advice onfamily planning.

Republic Act 9710 Magna Carta of Women, Section 13. Equal Access andElimination of Discrimination in Education, Scholarships, and Training. - (a) TheState shall ensure that gender stereotypes and images in educational materials andcurricula are adequately and appropriately revised. Gender-sensitive language shall beused at all times. Capacity-building on gender and development (GAD), peace andhuman rights, education for teachers, and all those involved in the education sector

shall be pursued toward this end. Partnerships between and among players of theeducation sector, including the private sector, churches, and faith groups shall beencouraged.

(b) Enrollment of women in nontraditional skills training in vocational and tertiary levelsshall be encouraged.

(c) Expulsion and non-readmission of women faculty due to pregnant;- outside ofmarriage shall be outlawed. No school shall turn out or refuse admission to a femalestudent solely on the account of her having contracted pregnancy outside of marriageduring her term in school.

Section 24. Right to Education and Training. - The State shall ensure the following:

(a) Women migrant workers have the opportunity to undergo skills training, ifthey so desire, before taking on a foreign job, and possible retraining uponreturn to the country:

(b) Gender-sensitive training and seminars; and

(c) Equal opportunities in scholarships based on merit and fitness, especiallyto those interested in research and development aimed towards women-friendly farm technology.

Article 111. States Parties shall take all appropriate measures to eliminatediscrimination against women in the field of employment in order toensure, on a basis of equality of men and women, the same rights, inparticular:(a) The right to work as an inalienable right of all human beings;

(b) The right to the same employment opportunities, including theapplication of the same criteria for selection in matters of employment;

(c) The right to free choice of profession and employment, the right topromotion, job security and all benefits and conditions of service and theright to receive vocational training and retraining, includingapprenticeships, advanced vocational training and recurrent training;

(d) The right to equal remuneration, including benefits, and to equaltreatment in respect of work of equal value, as well as equality of

The 1987 Philippine Constitution, Article 13, Section 14. The State shall protectworking women by providing safe and healthful working conditions, taking into accounttheir maternal functions, and such facilities and opportunities that will enhance theirwelfare and enable them to realize their full potential in the service of the nation.

Republic Act 9710 Magna Carta of Women, Section 22. Section 22. Right toDecent Work. - The State shall progressively realize and ensure decent workstandards for women that involve the creation of jobs of acceptable quality in conditionsof freedom, equity, security, and human dignity.

(a) Decent work involves opportunities for work that are productive and fairlyremunerative as family living wage, security in the workplace, and social protection forfamilies, better prospects for personal development and social integration, freedom forpeople to express their concerns organize, participate in the decisions that affect theirlives, and equality of opportunity and treatment for all women and men.


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treatment in the evaluation of the quality of work;

(e) The right to social security, particularly in cases of retirement,unemployment, sickness, invalidity and old age and other incapacity towork, as well as the right to paid leave;

(f) The right to protection of health and to safety in working conditions,including the safeguarding of the function of reproduction.

2. In order to prevent discrimination against women on the grounds of

marriage or maternity and to ensure their effective right to work, StatesParties shall take appropriate measures:(a) To prohibit, subject to the imposition of sanctions, dismissal on thegrounds of pregnancy or of maternity leave and discrimination indismissals on the basis of marital status;

(b) To introduce maternity leave with pay or with comparable socialbenefits without loss of former employment, seniority or socialallowances;

(c) To encourage the provision of the necessary supporting socialservices to enable parents to combine family obligations with workresponsibilities and participation in public life, in particular throughpromoting the establishment and development of a network of child-care

facilities;

(d) To provide special protection to women during pregnancy in types ofwork proved to be harmful to them.

3. Protective legislation relating to matters covered in this article shall bereviewed periodically in the light of scientific and technologicalknowledge and shall be revised, repealed or extended as necessary.

(b) The State shall further ensure:

(1) Support services and gears to protect them from occupational and healthhazards taking into account women's maternal functions;

(2) Support services that will enable women to balance their familyobligations and work responsibilities including, but not limited to, theestablishment of day care centers and breast-feeding stations at theworkplace, and providing maternity leave pursuant to the Labor Code andother pertinent laws;

(3) Membership in unions regardless of status of employment and place ofemployment; and

(4) Respect for the observance of indigenous peoples' cultural practiceseven in the workplace.

(c) In recognition of the temporary nature of overseas work, the State shall exert allefforts to address the causes of out-migration by developing local employment andother economic opportunities for women and by introducing measures to curb violenceand forced and involuntary displacement of local women. The State shall ensure theprotection and promotion of the rights and welfare of migrant women regardless of theirwork status, and protect them against discrimination in wages, conditions of work, andemployment opportunities in host countries.

Republic Act No. 10361 - Domestic Workers Act or Batas Kasambahay. -There are more than two million domestic workers in the country, mostly women. Manyworkers are subjected to long hours of work with little rest and pay. Abuse of women isalso widespread. Batas Kasambahay, will increase the minimum wage of domesticworkers, accord social protection benefits, propose the use of formal contract betweenemployer-employee, set mandatory registration and prevent bonded labor situation

Republic Act No. 6725 - "An Act Strengthening the Prohibition on DiscriminationAgainst Women With Respect to Terms and Conditions of Employment,Amending for the Purpose Article One Hundred Thirty-Five of the Labor Code, asAmended" - This act strengthens the prohibition of discrimination against women inemployment, promotion and training opportunities.

Republic Act No. 8042 - "An Act to Institute the Policies of Overseas Employmentand Establish a Higher Standard of Protection and Promotion of the Welfare ofMigrant Workers, Their Families and Overseas Filipinos in Distress, and OtherPurposes" - This Act authorizes the granting of small loans to women for the purchaseof necessary tools or equipment for the businesses of their choice, and provides freetechnical training under the National Manpower and Youth Council (NMYC), nowTESDA.

Labor Code of the Philippines, Articles 130 to 138, provides for the workingconditions of women.

Article 121. States Parties shall take all appropriate measures to eliminatediscrimination against women in the field of health care in order toensure, on a basis of equality of men and women, access to health careservices, including those related to family planning.

2. Notwithstanding the provisions of paragraph I of this article, StatesParties shall ensure to women appropriate services in connection withpregnancy, confinement and the post-natal period, granting freeservices where necessary, as well as adequate nutrition duringpregnancy and lactation.

Republic Act 9710 Magna Carta of Women, Section 17. Women's Right toHealth. - (a) Comprehensive Health Services. - The State shall, at all times, provide fora comprehensive, culture-sensitive, and gender-responsive health services andprograms covering all stages of a woman's life cycle and which addresses the majorcauses of women's mortality and morbidity: Provided, That in the provision forcomprehensive health services, due respect shall be accorded to women's religiousconvictions, the rights of the spouses to found a family in accordance with their religiousconvictions, and the demands of responsible parenthood, and the right of women toprotection from hazardous drugs, devices, interventions, and substances.

Access to the following services shall be ensured:

(1) Maternal care to include pre- and post-natal services to addresspregnancy and infant health and nutrition;

(2) Promotion of breastfeeding;

(3) Responsible, ethical, legal, safe, and effective methods of familyplanning;

(4) Family and State collaboration in youth sexuality education and healthservices without prejudice to the primary right and duty of parents to educate


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their children;

(5) Prevention and management of reproductive tract infections, includingsexually transmitted diseases, HIV, and AIDS;

(6) Prevention and management of reproductive tract cancers like breast andcervical cancers, and other gynecological conditions and disorders;

(7) Prevention of abortion and management of pregnancy-relatedcomplications;

(8) In cases of violence against women and children, women and childrenvictims and survivors shall be provided with comprehensive health servicesthat include psychosocial, therapeutic, medical, and legal interventions andassistance towards healing, recovery, and empowerment;

(9) Prevention and management of infertility and sexual dysfunctionpursuant to ethical norms and medical standards;

(10) Care of the elderly women beyond their child-bearing years; and

(11) Management, treatment, and intervention of mental health problems ofwomen and girls. In addition, healthy lifestyle activities are encouraged and

promoted through programs and projects as strategies in the prevention ofdiseases.

(b) Comprehensive Health Information and Education. - The State shall provide womenin all sectors with appropriate, timely, complete, and accurate information and educationon all the above-stated aspects of women's health in government education and trainingprograms, with due regard to the following:

(1) The natural and primary right and duty of parents in the rearing of theyouth and the development of moral character and the right of children to bebrought up in an atmosphere of morality and rectitude for the enrichmentand strengthening of character;

(2) The formation of a person's sexuality that affirms human dignity; and

(3) Ethical, legal, safe, and effective family planning methods includingfertility awareness.

Republic Act 10354 The Responsible Parenthood and Reproductive Health Actof 2012. An Act providing for a National Policy on Responsible Parenthood andReproductive Health

Article 13States Parties shall take all appropriate measures to eliminatediscrimination against women in other areas of economic and social lifein order to ensure, on a basis of equality of men and women, the same

rights, in particular:(a) The right to family benefits;

(b) The right to bank loans, mortgages and other forms of financialcredit;

(c) The right to participate in recreational activities, sports and allaspects of cultural life.

Republic Act 9710 Magna Carta of Women Section 14. Women in Sports. - TheState shall develop, establish, and strengthen programs for the participation of womenand girl-children in competitive and noncompetitive sports as a means to achieveexcellence, promote physical and social well-being, eliminate gender-role stereotyping,

and provide equal access to the full benefits of development for all persons regardlessof sex, gender identity, and other similar factors.

For this purpose, all sports-related organizations shall create guidelines that willestablish and integrate affirmative action as a strategy and gender equality as aframework in planning and implementing their policies, budgets, programs, andactivities relating to the participation of women and girls in sports.

The State will also provide material and nonmaterial incentives to local governmentunits, media organizations, and the private sector for promoting, training, and preparingwomen and girls for participation in competitive and noncompetitive sports, especially inlocal and international events, including, but not limited to, the Palarong Pambansa,Southeast Asian Games, Asian Games, and the Olympics.

No sports event or tournament will offer or award a different sports prize, with respect toits amount or value, to women and men winners in the same sports category: Provided,That the said tournament, contest, race, match, event, or game is open to both sexes:Provided, further, That the sports event or tournament is divided into male or femaledivisions.

The State shall also ensure the safety and well-being of all women and girlsparticipating in sports, especially, but not limited to, trainees, reserve members,members, coaches, and mentors of national sports teams, whether in studying, training,or performance phases, by providing them comprehensive health and medicalinsurance coverage, as well as integrated medical, nutritional, and healthcare services.

Schools, colleges, universities, or any other learning institution shall take into account


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its total women student population in granting athletic scholarship. There shall be a prorata representation of women in the athletic scholarship program based on thepercentage of women in the whole student population

Section 19. Equal Rights in All Matters Relating to Marriage and Family Relations.- The State shall take all appropriate measures to eliminate discrimination againstwomen in all matters relating to marriage and family relations and shall ensure:

(a) the same rights to enter into and leave marriages or common lawrelationships referred to under the Family Code without prejudice to personal

or religious beliefs;

(b) the same rights to choose freely a spouse and to enter into marriage onlywith their free and full consent. The betrothal and the marriage of a childshall have no legal effect;

(c) the joint decision on the number and spacing of their children and to haveaccess to the information, education and means to enable them to exercisethese rights;

(d) the same personal rights between spouses or common law spousesincluding the right to choose freely a profession and an occupation;

(e) the same rights for both spouses or common law spouses in respect ofthe ownership, acquisition, management, administration, enjoyment, anddisposition of property;

(f) the same rights to properties and resources, whether titled or not, andinheritance, whether formal or customary; and

(g) women shall have equal rights with men to acquire, change, or retaintheir nationality. The State shall ensure in particular that neither marriage toan alien nor change of nationality by the husband during marriage shallautomatically change the nationality of the wife, render her stateless or forceupon her the nationality of the husband. Various statutes of other countriesconcerning dual citizenship that may be enjoyed equally by women and menshall likewise be considered.

Customary laws shall be respected: Provided, however, That they do not discriminateagainst women.

Section 27. Social Protection. -

(a) The Social Security System (SSS) and the Philippine Health InsuranceCorporation (PhilHealth) shall support indigenous and community-basedsocial protection schemes.

(b) The State shall institute policies and programs that seek to reduce thepoverty and vulnerability to risks and enhance the social status and rights ofthe marginalized women by promoting and protecting livelihood andemployment, protecting against hazards and sudden; loss of income, and

improving people's capacity to manage risks.

(c) The State shall endeavor to reduce and eventually eliminate transfercosts of remittances from abroad through appropriate bilateral andmultilateral agreements. It shall likewise provide access to investmentopportunities for remittances in line with national development efforts.

(d) The State shall establish a health insurance program for senior citizensand indigents.

(e) The State shall support women with disabilities on a community-basedsocial protection scheme.

REPUBLIC ACT NO. 7192An Act Promoting the Integration of Women as Full and Equal Partners of Men inDevelopmentand Nation Building and for Other PurposesSECTION 5. Equality in Capacity to Act. Women of legal age, regardless of civil status,shall have the capacity to act and enter into contracts which shall in every respect beequal to that of men under similar circumstances.In all contractual situations where married men have the capacity to act, marriedwomen shall have equal rights.To this end:(1) Women shall have the capacity to borrow and obtain loans and

execute security and credit arrangements under the same conditions asmen;


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(2) Women shall have equal access to all government and private sectorprograms granting agricultural credit, loans and nonmaterial resourcesand shall enjoy equal treatment in agrarian reform and land resettlementprograms;(3)Women shall have equal rights to act as incorporators and enter intoinsurance contracts; and(4)Married women shall have rights equal to those of married men in applying forpassports, secure visas and other travel documents, without need to secure theconsent of their spouses.

In all other similar contractual relations, women shall enjoy equal rights and shall have

the capacity to act which shall in every respect be equal to those of men under similarcircumstances.

SECTION 8. Voluntary Pag-IBIG, GSIS and SSS Coverage. Married persons whodevote full time to managing the household and family affairsshall, upon the working spouse's consent, be entitled to voluntary Pag-IBIG(Pagtutulungan Ikaw, Bangko, Industriya at Gobyerno), Government ServiceInsurance System (GSIS) or Social Security System (SSS) coverage to the extent ofone-half (1/2) of the salary and compensation of the working spouse.The contributions due thereon shall be deducted from the salary of the working spouse.The GSIS or the SSS, as the case may be, shall issue rules and regulations necessaryto effectively implement the provisions of this section.

Article 141. States Parties shall take into account the particular problems faced byrural women and the significant roles which rural women play in theeconomic survival of their families, including their work in the non-monetized sectors of the economy, and shall take all appropriatemeasures to ensure the application of the provisions of the presentConvention to women in rural areas.

2. States Parties shall take all appropriate measures to eliminatediscrimination against women in rural areas in order to ensure, on abasis of equality of men and women, that they participate in and benefitfrom rural development and, in particular, shall ensure to such womenthe right:

(a) To participate in the elaboration and implementation of developmentplanning at all levels;

(b) To have access to adequate health care facilities, includinginformation, counselling and services in family planning;

(c) To benefit directly from social security programmes;

(d) To obtain all types of training and education, formal and non-formal,including that relating to functional literacy, as well as, inter alia, thebenefit of all community and extension services, in order to increasetheir technical proficiency;

(e) To organize self-help groups and co-operatives in order to obtainequal access to economic opportunities through employment or self

employment;

(f) To participate in all community activities;

(g) To have access to agricultural credit and loans, marketing facilities,appropriate technology and equal treatment in land and agrarian reformas well as in land resettlement schemes;

(h) To enjoy adequate living conditions, particularly in relation tohousing, sanitation, electricity and water supply, transport andcommunications.

Republic Act 9710 Magna Carta of Women Section 21. Right to Housing. - TheState shall develop housing programs for women that are localized, simple, accessible,with potable water, and electricity, secure, with viable employment opportunities andaffordable amortization. In this regard, the State shall consult women and involve themin community planning and development, especially in matters pertaining to land use,zoning, and relocation.

Section 23. Right to Livelihood, Credit, Capital, and Technology. - The State shallensure that women are provided with the following:

(a) Equal access to formal sources of credit and capital;

(b) Equal share to the produce of farms and aquatic resources; and

(c) Employment opportunities for returning women migrant workers taking

into account their skills and qualifications. Corollarily, the State shall alsopromote skills and entrepreneurship development of returning womenmigrant workers.

REPUBLIC ACT NO. 7192An Act Promoting the Integration of Women as Full and Equal Partners of Men inDevelopmentand Nation Building and for Other Purposes

SECTION 4.Mandate. The NEDA, with the assistance of the National Commission on the Role ofFilipino Women, shall ensure that the different

government departments, including its agencies and instrumentalities which,directly or indirectly, affect the participation of women in national developmentand their integration therein:(1) Formulate and prioritize rural or countryside development programsor projects, provide income and employment opportunities to women inthe rural areas and thus, prevent their heavy migration from rural to urbanor foreign countries;(2) Include an assessment of the extent to which their programs and/orprojects integrate women in the development process and of the impact ofsaid programs or projects on women, including their implications inenhancing the self-reliance of women in improving their income;(3) Ensure the active participation of women and women's organizationsin the development programs and/or projects including their involvementin the planning, design, implementation, management, monitoring andevaluation thereof;

(4) Collect sex-disaggregated data and include such data in itsprogram/project paper, proposal or strategy;(5) Ensure that programs and/or projects are designed so that the percentage ofwomen who receive assistance is approximately proportionate to either their traditionalparticipation in the targeted activities or their proportion of the population, whichever ishigher. Otherwise, the following should be stated in the program/project paper,proposal or strategy:(a) The obstacles in achieving the goal;(b) The steps being taken to overcome those obstacles; and(c) To the extent that steps are not being taken to overcome those obstacles, why theyare not being taken.(6) Assist women in activities that are of critical significance to their self-reliance anddevelopment


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Article 15

1. States Parties shall accord to women equality with men before thelaw.

2. States Parties shall accord to women, in civil matters, a legal capacityidentical to that of men and the same opportunities to exercise thatcapacity. In particular, they shall give women equal rights to concludecontracts and to administer property and shall treat them equally in all

stages of procedure in courts and tribunals.

3. States Parties agree that all contracts and all other privateinstruments of any kind with a legal effect which is directed at restrictingthe legal capacity of women shall be deemed null and void.

4. States Parties shall accord to men and women the same rights withregard to the law relating to the movement of persons and the freedomto choose their residence and domicile.

The 1987 Philippine Constitution, Article II, Section 14. The state recognizes therole of women in nation building and shall ensure the fundamental equality before thelaw of women and men.

Article 16

1. States Parties shall take all appropriate measures to eliminatediscrimination against women in all matters relating to marriage andfamily relations and in particular shall ensure, on a basis of equality ofmen and women:

(a) The same right to enter into marriage;

(b) The same right freely to choose a spouse and to enter into marriageonly with their free and full consent;

(c) The same rights and responsibilities during marriage and at itsdissolution;

(d) The same rights and responsibilities as parents, irrespective of their

marital status, in matters relating to their children; in all cases theinterests of the children shall be paramount;

(e) The same rights to decide freely and responsibly on the number andspacing of their children and to have access to the information,education and means to enable them to exercise these rights;

(f) The same rights and responsibilities with regard to guardianship,wardship, trusteeship and adoption of children, or similar institutionswhere these concepts exist in national legislation; in all cases theinterests of the children shall be paramount;

(g) The same personal rights as husband and wife, including the right to

choose a family name, a profession and an occupation;

(h) The same rights for both spouses in respect of the ownership,acquisition, management, administration, enjoyment and disposition ofproperty, whether free of charge or for a valuable consideration.

2. The betrothal and the marriage of a child shall have no legal effect,and all necessary action, including legislation, shall be taken to specify aminimum age for marriage and to make the registration of marriages inan official registry compulsory.

Executive Order No. 209The Family Code of the Philippines FamilyCourts Act of 1997 (RA 8369) SoloParents Welfare Act of 2000 (RA 8972) RA No. 6955 Anti-Mail Order Bride

The following articles are The Committee on CEDAW and reportingprocedures:

Article 17

1. For the purpose of considering the progress made in theimplementation of the present Convention, there shall be established aCommittee on the Elimination of Discrimination against Women(hereinafter referred to as the Committee) consisting, at the time of entryinto force of the Convention, of eighteen and, after ratification of oraccession to the Convention by the thirty-fifth State Party, of twenty-three experts of high moral standing and competence in the fieldcovered by the Convention. The experts shall be elected by StatesParties from among their nationals and shall serve in their personalcapacity, consideration being given to equitable geographicaldistribution and to the representation of the different forms of civilization

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as well as the principal legal systems.

2. The members of the Committee shall be elected by secret ballot froma list of persons nominated by States Parties. Each State Party maynominate one person from among its own nationals.

3. The initial election shall be held six months after the date of the entryinto force of the present Convention. At least three months before thedate of each election the Secretary-General of the United Nations shalladdress a letter to the States Parties inviting them to submit their

nominations within two months. The Secretary-General shall prepare alist in alphabetical order of all persons thus nominated, indicating theStates Parties which have nominated them, and shall submit it to theStates Parties.

4. Elections of the members of the Committee shall be held at a meetingof States Parties convened by the Secretary-General at United NationsHeadquarters. At that meeting, for which two thirds of the States Partiesshall constitute a quorum, the persons elected to the Committee shall bethose nominees who obtain the largest number of votes and an absolutemajority of the votes of the representatives of States Parties present andvoting.

5. The members of the Committee shall be elected for a term of four

years. However, the terms of nine of the members elected at the firstelection shall expire at the end of two years; immediately after the firstelection the names of these nine members shall be chosen by lot by theChairman of the Committee.

6. The election of the five additional members of the Committee shall beheld in accordance with the provisions of paragraphs 2, 3 and 4 of thisarticle, following the thirty-fifth ratification or accession. The terms of twoof the additional members elected on this occasion shall expire at theend of two years, the names of these two members having been chosenby lot by the Chairman of the Committee.

7. For the filling of casual vacancies, the State Party whose expert hasceased to function as a member of the Committee shall appoint another

expert from among its nationals, subject to the approval of theCommittee.

8. The members of the Committee shall, with the approval of theGeneral Assembly, receive emoluments from United Nations resourceson such terms and conditions as the Assembly may decide, havingregard to the importance of the Committee's responsibilities.

9. The Secretary-General of the United Nations shall provide thenecessary staff and facilities for the effective performance of thefunctions of the Committee under the present Convention.

Article 18

1. States Parties undertake to submit to the Secretary-General of the

United Nations, for consideration by the Committee, a report on thelegislative, judicial, administrative or other measures which they haveadopted to give effect to the provisions of the present Convention andon the progress made in this respect:

(a) Within one year after the entry into force for the State concerned;

(b) Thereafter at least every four years and further whenever theCommittee so requests.

2. Reports may indicate factors and difficulties affecting the degree offulfilment of obligations under the present Convention.

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Article 19

1. The Committee shall adopt its own rules of procedure.

2. The Committee shall elect its officers for a term of two years.

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Article 20

1. The Committee shall normally meet for a period of not morethan two weeks annually in order to consider the reportssubmitted in accordance with article 18 of the presentConvention.

2. The meetings of the Committee shall normally be held at UnitedNations Headquarters or at any other convenient place as

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determined by the Committee.Article 21

1. The Committee shall, through the Economic and Social Council,report annually to the General Assembly of the United Nationson its activities and may make suggestions and generalrecommendations based on the examination of reports andinformation received from the States Parties. Such suggestionsand general recommendations shall be included in the report ofthe Committee together with comments, if any, from StatesParties.

2. The Secretary-General of the United Nations shall transmit thereports of the Committee to the Commission on the Status ofWomen for its information.

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Article 22

The specialized agencies shall be entitled to be represented at theconsideration of the implementation of such provisions of thepresent Convention as fall within the scope of their activities. TheCommittee may invite the specialized agencies to submit reportson the implementation of the Convention in areas falling within thescope of their activities.

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Article 23

Nothing in the present Convention shall affect any provisions that

are more conducive to the achievement of equality between menand women which may be contained:a) In the legislation of a State Party; orb) In any other international convention, treaty or agreement in

force for that State.

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Article 24

States Parties undertake to adopt all necessary measures at thenational level aimed at achieving the full realization of the rightsrecognized in the present Convention.

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The following articles are for the administration of the Convention.

Article 25

1. The present Convention shall be open for signature by all States.2. The Secretary-General of the United Nations is designated as thedepositary of the present Convention.3. The present Convention is subject to ratification. Instruments ofratification shall be deposited with the Secretary-General of the UnitedNations.4. The present Convention shall be open to accession by all States.

Accession shall be effected by the deposit of an instrument of accessionwith the Secretary-General of the United Nations.

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Article 26

1. A request for the revision of the present Convention may be made atany time by any State Party by means of a notification in writingaddressed to the Secretary-General of the United Nations.2. The General Assembly of the United Nations shall decide upon thesteps, if any, to be taken in respect of such a request.

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Article 27

1. The present Convention shall enter into force on the thirtieth day afterthe date of deposit with the Secretary-General of the United Nations ofthe twentieth instrument of ratification or accession.

2. For each State ratifying the present Convention or acceding to it afterthe deposit of the twentieth instrument of ratification or accession, theConvention shall enter into force on the thirtieth day after the date of thedeposit of its own instrument of ratification or accession.

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Article 28

1. The Secretary-General of the United Nations shall receive andcirculate to all States the text of reservations made by States at the timeof ratification or accession.

2. A reservation incompatible with the object and purpose of the presentConvention shall not be permitted.

3. Reservations may be withdrawn at any time by notification to thiseffect addressed to the Secretary-General of the United Nations, whoshall then inform all States thereof. Such notification shall take effect onthe date on which it is received.

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Article 29

1. Any dispute between two or more States Parties concerning theinterpretation or application of the present Convention which is notsettled by negotiation shall, at the request of one of them, be submittedto arbitration. If within six months from the date of the request forarbitration the parties are unable to agree on the organization of thearbitration, any one of those parties may refer the dispute to theInternational Court of Justice by request in conformity with the Statute ofthe Court.

2. Each State Party may at the time of signature or ratification of thepresent Convention or accession thereto declare that it does notconsider itself bound by paragraph I of this article. The other StatesParties shall not be bound by that paragraph with respect to any StateParty which has made such a reservation.

3. Any State Party which has made a reservation in accordance withparagraph 2 of this article may at any time withdraw that reservation bynotification to the Secretary-General of the United Nations.

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Article 30

The present Convention, the Arabic, Chinese, English, French, Russianand Spanish texts of which are equally authentic, shall be depositedwith the Secretary-General of the United Nations.

IN WITNESS WHEREOF the undersigned, duly authorized, havesigned the present Convention.

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equality women's group (cedaw 1 30 with national laws)

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