Republic Act No 9710

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Republic Act No. 9710 August 14, 2009 disability, education, and status.

disability, education, and status. The State shall provide the


necessary mechanisms to enforce women's rights and adopt and
AN ACT PROVIDING FOR THE MAGNA CARTA OF WOMEN undertake all legal measures necessary to foster and promote the
equal opportunity for women to participate in and contribute to the
Be it enacted by the Senate and House of Representatives of the development of the political, economic, social, and cultural realms.
Philippines in Congress assembled::
The State, in ensuring the full integration of women's concerns in
Section 1. Short Title. - This Act shall be known as "The Magna the mainstream of development, shall provide ample opportunities
Carta of Women". to enhance and develop their skills, acquire productive employment
and contribute to their families and communities to the fullest of
Section 2. Declaration of Policy. - Recognizing that the their capabilities.
economic, political, and sociocultural realities affect women's
current condition, the State affirms the role of women in nation In pursuance of this policy, the State reaffirms the right of women
building and ensures the substantive equality of women and men. in all sectors to participate in policy formulation. planning,
It shall promote empowerment of women and pursue equal organization, implementation, management, monitoring, and
opportunities for women and men and ensure equal access to evaluation of all programs, projects, and services. It shall support
resources and to development results and outcome. Further, the policies, researches, technology, and training programs and other
State realizes that equality of men and women entails the abolition support services such as financing, production, and marketing to
of the unequal structures and practices that perpetuate encourage active participation of women in national development.
discrimination and inequality. To realize this, the State shall
endeavor to develop plans, policies, programs, measures, and Section 3. Principles of Human Rights of Women. - Human
mechanisms to address discrimination and inequality in the rights are universal and inalienable. All people in the world are
economic, political, social, and cultural life of women and men. entitled to them. The universality of human rights is encompassed
in the words of Article 1 of the Universal Declaration of Human
The State condemns discrimination against women in all its forms Rights, which states that all human beings are free and equal in
and pursues by all appropriate means and without delay the policy dignity and rights.
of eliminating discrimination against women in keeping with the
Convention on the Elimination of All Forms of Discrimination Human rights are indivisible. Human rights are inherent to the
Against Women (CEDAW) and other international instruments dignity of every human being whether they relate to civil, cultural,
consistent with Philippine law. The State shall accord women the economic, political, or social issues.
rights, protection, and opportunities available to every member of
society. Human rights are interdependent and interrelated. The fulfillment
of one right often depends, wholly or in part, upon the fulfillment of
The State affirms women's rights as human rights and shall others.
intensify its efforts to fulfill its duties under international and
domestic law to recognize, respect, protect, fulfill, and promote all All individuals are equal as human beings by virtue of the inherent
human rights and fundamental freedoms of women, especially dignity of each human person. No one, therefore, should suffer
marginalized women, in the economic, social, political, cultural, and discrimination on the basis of ethnicity, gender, age, language,
other fields without distinction or discrimination on account of sexual orientation, race, color, religion, political, or other opinion,
class, age, sex, gender, language, ethnicity, religion, ideology,
national, social, or geographical origin, disability, property, birth, or It includes any act or omission, including by law; policy,
other status as established by human rights standards. administrative measure, or practice, that directly or
indirectly excludes or restricts women in the recognition and
All people have the right to participate in and access information promotion of their rights and their access to and enjoyment
relating to the decision- making processes that affect their lives of opportunities, benefits, or privileges.
and well-being. Rights-based approaches require a high degree of
participation by communities, civil society, minorities, women, A measure or practice of general application is
young people, indigenous peoples, and other identified groups. discrimination against women if it fails to provide for
mechanisms to offset or address sex or gender-based
States and other duty-bearers are answerable for the observance of disadvantages or limitations of women, as a result of which
human rights. They have to comply with the legal norms and women are denied or restricted in the recognition and
standards enshrined in international human rights instruments in protection of their rights and in their access to and
accordance with the Philippine Constitution. Where they fail to do enjoyment of opportunities, benefits, or privileges; or
so, aggrieved rights-holders are entitled to institute proceedings for women, more than men, are shown to have suffered the
appropriate redress before a competent court or other adjudicator greater adverse effects of those measures or practices.
in accordance with the rules and procedures provided by law.
Provided, finally, That discrimination compounded by or
CHAPTER II intersecting with other grounds, status, or condition, such as
DEFINITION OF TERMS ethnicity, age, poverty, or religion shall be considered
discrimination against women under this Act.
Section 4. Definitions. - For purposes of this Act, the following
terms shall mean: (c) "Marginalization" refers to a condition where a whole
category of people is excluded from useful and meaningful
(a) "Women Empowerment" refers to the provision, participation in political, economic, social, and cultural life.
availability, and accessibility of opportunities, services, and
observance of human rights which enable women to actively (d) "Marginalized" refers to the basic, disadvantaged, or
participate and contribute to the political, economic, social, vulnerable persons or groups who are mostly living in
and cultural development of the nation as well as those poverty and have little or no access to land and other
which shall provide them equal access to ownership, resources, basic social and economic services such as health
management, and control of production, and of material and care, education, water and sanitation, employment and
informational resources and benefits in the family, livelihood opportunities, housing, social security, physical
community, and society. infrastructure; and the justice system.

(b) "Discrimination Against Women" refers to any gender- These include, but are not limited to, women in the following
based distinction, exclusion, or restriction which has the sectors and groups:
effect or purpose of impairing or nullifying the recognition,
enjoyment, or exercise by women, irrespective of their (1) "Small Farmers and Rural Workers" refers to those
marital status, on a basis of equality of men and women, of who are engaged directly or indirectly in small farms
human rights and fundamental freedoms in the political, and forest areas, workers in commercial farms and
economic, social, cultural, civil, or any other field. plantations, whether paid or unpaid, regular or
season-bound. These shall include. but are not subcontracted, paid and unpaid family workers in
limited to, (a) small farmers who own or are still household incorporated and unincorporated
amortizing for lands that is not more than three (3) enterprises, including home workers, micro-
hectares, tenants, leaseholders, and stewards; and entrepreneurs and producers, and operators of sari-
(b) rural workers who are either wage earners, self- sari stores and all other categories who suffer from
employed, unpaid family workers directly and violation of workers' rights:
personally engaged in agriculture, small-scale
mining, handicrafts, and other related farm and off- (6) "Migrant Workers" refers to Filipinos who are to be
farm activities; engaged, are engaged, or have been engaged in a
remunerated activity in a State of which they are not
(2) "Fisherfolk" refers to those directly or indirectly legal residents, whether documented or
engaged in taking, culturing, or processing fishery or undocumented;
aquatic resources. These include, but are not to be
limited to, women engaged in fishing in municipal (7) "Indigenous Peoples" refers to a group of people
waters, coastal and marine areas, women workers in or homogenous societies identified by self-ascription
commercial fishing and aquaculture, vendors and and ascription by other, who have continuously lived
processors of fish and coastal products, and as organized community on communally bounded
subsistence producers such as shell-gatherers, and defined territory, and who have, under claims of
managers, and producers of mangrove resources, ownership since time immemorial, occupied;
and other related producers: possessed customs, tradition, and other distinctive
cultural traits, or who have, through resistance to
(3) "Urban Poor" refers to those residing in urban and political, social, and cultural inroads of colonization,
urbanizable slum or blighted areas, with or without non- indigenous religions and culture, became
the benefit of security of abode, where the income of historically differentiated from the majority of
the head of the family cannot afford in a sustained Filipinos. They shall likewise include peoples who are
manner to provide for the family's basic needs of regarded as indigenous on account of their descent
food, health, education, housing, and other essentials from the populations which inhabited the country, at
in life; the dime of conquest or colonization, or at the time
of inroads of non-indigenous religions and cultures,
(4) "Workers in the Formal Economy" refers to those or the establishment of present state boundaries,
who are employed by any person acting directly or who retain some or all of their own social, economic,
indirectly in the interest of an employer in relation to cultural, and political institutions, but who may have
an employee and shall include the government and been displaced from their traditional domains or who
all its branches, subdivisions, and instrumentalities, may have resettled outside their ancestral domains
all government- owned and -controlled corporations as defined under Section 3(h), Chapter II of Republic
and institutions, as well as nonprofit private Act No. 8371, otherwise known as "The Indigenous
institutions or organizations; Peoples Rights Act of 1997" (IPRA of 1997);

(5) "Workers in the Informal Economy" refers to self-


employed, occasionally or personally hired,
(8) "Moro" refers to native peoples who have preferential treatment and affirmative action. Such
historically inhabited Mindanao, Palawan, and Sulu, temporary special measures aimed at accelerating de facto
and who are largely of the Islamic faith; equality between men and women shall not be considered
discriminatory but shall in no way entail as a consequence
(9) "Children" refers to those who are below eighteen the maintenance of unequal or separate standards. These
(18) years of age or over but are unable to fully take measures shall be discontinued when the objectives of
care of themselves or protect themselves from equality of opportunity and treatment have been achieved.
abuse, neglect, cruelty, exploitation, or
discrimination because of a physical or mental (h) "Gender and Development (GAD)" refers to the
disability or condition; development perspective and process that are participatory
and empowering, equitable, sustainable, free from violence,
(10) "Senior Citizens" refers to those sixty (60) years respectful of human rights, supportive of self-determination
of age and above; and actualization of human potentials. It seeks to achieve
gender equality as a fundamental value that should be
(11) "Persons with Disabilities" refers to those who reflected in development choices; seeks to transform
are suffering from restriction or different abilities, as society's social, economic, and political structures and
a result of a mental, physical, or sensory impairment questions the validity of the gender roles they ascribed to
to perform an activity in the manner or within the women and men; contends that women are active agents of
range considered normal for a human being; and development and not just passive recipients of development
assistance; and stresses the need of women to organize
(12) "Solo Parents" refers to those who fall under the themselves and participate in political processes to
category of a solo parent defined under Republic Act strengthen their legal rights.
No. 8972, otherwise known as the "Solo Parents
Welfare Act of 2000". (i) "Gender Mainstreaming" refers to the strategy for making
women's as well as men's concerns and experiences an
(e) "Substantive Equality" refers to the full and equal integral dimension of the design, implementation,
enjoyment of rights and freedoms contemplated under this monitoring, and evaluation of policies and programs in all
Act. It encompasses de jure and de facto equality and also political, economic, and societal spheres so that women and
equality in outcomes. men benefit equally and inequality is not perpetuated. It is
the process of assessing the implications for women and
(f) "Gender Equality" refers to the principle asserting the men of any planned action, including legislation, policies, or
equality of men and women and their right to enjoy equal programs in all areas and at all levels.
conditions realizing their full human potentials to contribute
to and benefit from the results of development, and with the (j) "Temporary Special Measures" refers to a variety of
State recognizing that all human beings are free and equal legislative, executive, administrative, and regulatory
in dignity and rights. instruments, policies, and practices aimed at accelerating
this de facto equality of women in specific areas. These
(g) "Gender Equity" refers to the policies, instruments, measures shall not be considered discriminatory but shall in
programs, services, and actions that address the no way entail as a consequence the maintenance of unequal
disadvantaged position of women in society by providing
or separate standards. They shall be discontinued when (m) "Social Protection" refers to policies and programs that
their objectives have been achieved. seek to reduce poverty and vulnerability to risks and
enhance the social status and rights of all women, especially
(k) "Violence Against Women" refers to any act of gender- the marginalized by promoting and protecting livelihood and
based violence that results in, or is likely to result in, employment, protecting against hazards and sudden loss of
physical, sexual, or psychological harm or suffering to income, and improving people's capacity to manage risk. Its
women, including threats of such acts, coercion, or arbitrary components are labor market programs, social insurance,
deprivation of liberty, whether occurring in public or in social welfare, and social safety nets.
private life. It shall be understood to encompass, but not
limited to, the following: CHAPTER III
DUTIES RELATED TO THE HUMAN RIGHTS OF WOMEN
(1) Physical, sexual, psychological, and economic
violence occurring in the family, including battering, The State, private sector, society in general, and all individuals
sexual abuse of female children in the household, shall contribute to the recognition, respect, and promotion of the
dowry-related violence, marital rape, and other rights of women defined and guaranteed under this Act.
traditional practices harmful to women, non-spousal
violence, and violence related to exploitation; Section 5. The State as the Primary Duty-Bearer. - The State,
as the primary duty-bearer, shall:
(2) Physical, sexual, and psychological violence
occurring within the general community, including (a) Refrain from discriminating against women and violating
rape, sexual abuse, sexual harassment, and their rights;
intimidation at work, in educational institutions and
elsewhere, trafficking in women, and prostitution; (b) Protect women against discrimination and from violation
and of their rights by private corporations, entities, and
individuals; and
(3) Physical, sexual, and psychological violence
perpetrated or condoned by the State, wherever it (c) Promote and fulfill the rights of women in all spheres,
occurs. including their rights to substantive equality and non-
discrimination.
It also includes acts of violence against women as defused
in Republic Acts No. 9208 and 9262. The State shall fulfill these duties through law, policy, regulatory
instruments, administrative guidelines, and other appropriate
(l) "Women in the Military" refers to women employed in the measures, including temporary special measures.
military, both in the major and technical services, who are
performing combat and/or noncombat functions, providing Recognizing the interrelation of the human rights of women, the
security to the State, and protecting the people from various State shall take measures and establish mechanisms to promote
forms of threat. It also includes women trainees in all the coherent and integrated implementation, and enforcement of
military training institutions. this Act and related laws, policies, or other measures to effectively
stop discrimination against and advance the rights of women.
The State shall keep abreast with and be guided by progressive offenses until fifty percent (50%) of the personnel thereof shall be
developments in human rights of women under international law women.
and design of policies, laws, and other measures to promote the
objectives of this Act. (b) Women shall have the right to protection and security in
situations of armed conflict and militarization. Towards this end,
Section 6. Duties of the State Agencies and they shall be protected from all forms of gender-based violence,
Instrumentalities. - These duties of the State shall extend to all particularly rape and other forms of sexual abuse, and all forms of
state agencies, offices, and instrumentalities at all levels and violence in situations of armed conflict. The State shall observe
government-owned and -controlled corporations, subject to the international standards for the protection of civilian population in
Constitution and pertinent laws, policies, or administrative circumstances of emergency and armed conflict. It shall not force
guidelines that define specific duties of state agencies and entities women, especially indigenous peoples, to abandon their lands,
concerned. territories, and means of subsistence, or relocate them in special
centers for military purposes under any discriminatory condition.
Section 7. Suppletory Effect. - This chapter shall be deemed
integrated into and be suppletory to other provisions of this Act, (c) All government personnel involved in the protection and
particularly those that guarantee specific rights to women and defense of women against gender-based violence shall undergo a
define specific roles and require specific conduct of state organs. mandatory training on human rights and gender sensitivity
pursuant to this Act.
CHAPTER IV
RIGHTS AND EMPOWERMENT (d) All local government units shall establish a Violence Against
Women's Desk in every barangay to ensure that violence against
Section 8. Human Rights of Women. - All rights in the women cases are fully addressed in a gender-responsive manner.
Constitution and those rights recognized under international
instruments duly signed and ratified by the Philippines, in Section 10. Women Affected by Disasters, Calamities, and
consonance with Philippine law, shall be rights of women under this Other Crisis Situations. - Women have the right to protection
Act to be enjoyed without discrimination. and security in times of disasters, calamities, and other crisis
situations especially in all phases of relief, recovery, rehabilitation,
Section 9. Protection from Violence. - The State shall ensure and construction efforts. The State shall provide for immediate
that all women shall be protected from all forms of violence as humanitarian assistance, allocation of resources, and early
provided for in existing laws. Agencies of government shall give resettlement, if necessary. It shall also address the particular needs
priority to the defense and protection of women against gender- of women from a gender perspective to ensure their full protection
based offenses and help women attain justice and healing. from sexual exploitation and other sexual and gender- based
violence committed against them. Responses to disaster situations
Towards this end, measures to prosecute and reform offenders shall shall include the provision of services, such as psychosocial
likewise be pursued. support, livelihood support, education, psychological health, and
comprehensive health services, including protection during
(a) Within the next five (5) years, there shall be an incremental pregnancy.
increase in the recruitment and training of women in the police
force, forensics and medico-legal, legal services, and social work Section 11. Participation and Representation. - The State shall
services availed of by women who are victims of gender-related undertake temporary special measures to accelerate the
participation and equitable representation of women in all spheres (f) Private Sector. - The State shall take measures to
of society particularly in the decision-making and policy-making encourage women leadership in the private sector in the
processes in government and private entities to fully realize their form of incentives.
role as agents and beneficiaries of development.
Section 12. Equal Treatment Before the Law. - The State shall
The State shall institute the following affirmative action take steps to review and, when necessary, amend and/or repeal
mechanisms so that women can participate meaningfully in the existing laws that are discriminatory to women within three (3)
formulation, implementation, and evaluation of policies, plans, and years from the effectivity of this Act.
programs for national, regional, and local development:
Section 13. Equal Access and Elimination of Discrimination
(a) Empowerment within the Civil Service. - Within the next in Education, Scholarships, and Training. - (a) The State shall
five (5) years, the number of women in third (3rd) level ensure that gender stereotypes and images in educational
positions in government shall be incrementally increased to materials and curricula are adequately and appropriately revised.
achieve a fifty-fifty (50-50) gender balance; Gender-sensitive language shall be used at all times. Capacity-
building on gender and development (GAD), peace and human
(b) Development Councils and Planning Bodies. - To ensure rights, education for teachers, and all those involved in the
the participation of women in all levels of development education sector shall be pursued toward this end. Partnerships
planning and program implementation, at least forty percent between and among players of the education sector, including the
(40%) of membership of all development councils from the private sector, churches, and faith groups shall be encouraged.
regional, provincial, city, municipal and barangay levels
shall be composed of women; (b) Enrollment of women in nontraditional skills training in
vocational and tertiary levels shall be encouraged.
(c) Other Policy and Decision-Making Bodies. - Women's
groups shall also be represented in international, national, (c) Expulsion and non-readmission of women faculty due to
and local special and decision-making bodies; pregnant;- outside of marriage shall be outlawed. No school shall
turn out or refuse admission to a female student solely on the
(d) International Bodies. - The State shall take all account of her having contracted pregnancy outside of marriage
appropriate measures to ensure the opportunity of women, during her term in school.
on equal terms with men and without any discrimination, to
represent their governments at the international level and to Section 14. Women in Sports. - The State shall develop,
participate in the work of international organizations; establish, and strengthen programs for the participation of women
and girl-children in competitive and noncompetitive sports as a
(e) Integration of Women in Political Parties. - The State shall means to achieve excellence, promote physical and social well-
provide incentives to political parties with women's agenda. being, eliminate gender-role stereotyping, and provide equal access
It shall likewise encourage the integration of women in their to the full benefits of development for all persons regardless of sex,
leadership hierarchy, internal policy-making structures, gender identity, and other similar factors.
appointive, and electoral nominating processes; and
For this purpose, all sports-related organizations shall create
guidelines that will establish and integrate affirmative action as a
strategy and gender equality as a framework in planning and
implementing their policies, budgets, programs, and activities opportunities as men, including pay increases, additional
relating to the participation of women and girls in sports. remunerations and benefits, and awards based on their
competency and quality of performance. Towards this end, the
The State will also provide material and nonmaterial incentives to State shall ensure that the personal dignity of women shall always
local government units, media organizations, and the private sector be respected.
for promoting, training, and preparing women and girls for
participation in competitive and noncompetitive sports, especially Women in the military, police, and other similar services shall be
in local and international events, including, but not limited to, the provided with the same right to employment as men on equal
Palarong Pambansa, Southeast Asian Games, Asian Games, and the conditions. Equally, they shall be accorded the same capacity as
Olympics. men to act in and enter into contracts, including marriage.

No sports event or tournament will offer or award a different sports Further, women in the military, police; and other similar services
prize, with respect to its amount or value, to women and men shall be entitled to leave benefits such as maternity leave, as
winners in the same sports category: Provided, That the said provided for by existing laws.
tournament, contest, race, match, event, or game is open to both
sexes: Provided, further, That the sports event or tournament is Section 16. Nondiscriminatory and Nonderogatory Portrayal
divided into male or female divisions. of Women in Media and Film. - The State shall formulate policies
and programs for the advancement of women in collaboration with
The State shall also ensure the safety and well-being of all women government and nongovernment media-related organizations. It
and girls participating in sports, especially, but not limited to, shall likewise endeavor to raise the consciousness of the general
trainees, reserve members, members, coaches, and mentors of public in recognizing the dignity of women and the role and
national sports teams, whether in studying, training, or contribution of women in the family; community, and the society
performance phases, by providing them comprehensive health and through the strategic use of mass media.
medical insurance coverage, as well as integrated medical,
nutritional, and healthcare services. For this purpose, the State shall ensure allocation of space; airtime,
and resources, strengthen programming, production, and image-
Schools, colleges, universities, or any other learning institution shall making that appropriately present women's needs, issues, and
take into account its total women student population in granting concerns in all forms of media, communication, information
athletic scholarship. There shall be a pro rata representation of dissemination, and advertising.
women in the athletic scholarship program based on the
percentage of women in the whole student population. The State, in cooperation with all schools of journalism, information,
and communication, as well as the national media federations and
Section 15. Women in the Military. - The State shall pursue associations, shall require all media organizations and corporations
appropriate measures to eliminate discrimination of women in the to integrate into their human resource development components
military, police, and other similar services, including revising or regular training on gender equality and gender-based
abolishing policies and practices that restrict women from availing discrimination, create and use gender equality guidelines in all
of both combat and noncombat training that are open to men, or aspects of management, training, production, information,
from taking on functions other than administrative tasks, such as dissemination, communication, and programming; and convene a
engaging in combat, security-related, or field operations. Women in gender equality committee that will promote gender
the military shall be accorded the same promotional privileges and mainstreaming as a framework and affirmative action as a strategy,
and monitor and evaluate the implementation of gender equality (8) In cases of violence against women and children, women
guidelines. and children victims and survivors shall be provided with
comprehensive health services that include psychosocial,
Section 17. Women's Right to Health. - (a) Comprehensive therapeutic, medical, and legal interventions and assistance
Health Services. - The State shall, at all times, provide for a towards healing, recovery, and empowerment;
comprehensive, culture-sensitive, and gender-responsive health
services and programs covering all stages of a woman's life cycle (9) Prevention and management of infertility and sexual
and which addresses the major causes of women's mortality and dysfunction pursuant to ethical norms and medical
morbidity: Provided, That in the provision for comprehensive health standards;
services, due respect shall be accorded to women's religious
convictions, the rights of the spouses to found a family in (10) Care of the elderly women beyond their child-bearing
accordance with their religious convictions, and the demands of years; and
responsible parenthood, and the right of women to protection from
hazardous drugs, devices, interventions, and substances. (11) Management, treatment, and intervention of mental
health problems of women and girls. In addition, healthy
Access to the following services shall be ensured: lifestyle activities are encouraged and promoted through
programs and projects as strategies in the prevention of
(1) Maternal care to include pre- and post-natal services to diseases.
address pregnancy and infant health and nutrition;
(b) Comprehensive Health Information and Education. - The State
(2) Promotion of breastfeeding; shall provide women in all sectors with appropriate, timely,
complete, and accurate information and education on all the
(3) Responsible, ethical, legal, safe, and effective methods above-stated aspects of women's health in government education
of family planning; and training programs, with due regard to the following:

(4) Family and State collaboration in youth sexuality (1) The natural and primary right and duty of parents in the
education and health services without prejudice to the rearing of the youth and the development of moral
primary right and duty of parents to educate their children; character and the right of children to be brought up in an
atmosphere of morality and rectitude for the enrichment
(5) Prevention and management of reproductive tract and strengthening of character;
infections, including sexually transmitted diseases, HIV, and
AIDS; (2) The formation of a person's sexuality that affirms human
dignity; and
(6) Prevention and management of reproductive tract
cancers like breast and cervical cancers, and other (3) Ethical, legal, safe, and effective family planning
gynecological conditions and disorders; methods including fertility awareness.

(7) Prevention of abortion and management of pregnancy- Section 18. Special Leave Benefits for Women. - A woman
related complications; employee having rendered continuous aggregate employment
service of at least six (6) months for the last twelve (12) months
shall be entitled to a special leave benefit of two (2) months with stateless or force upon her the nationality of the husband.
full pay based on her gross monthly compensation following Various statutes of other countries concerning dual
surgery caused by gynecological disorders. citizenship that may be enjoyed equally by women and men
shall likewise be considered.
Section 19. Equal Rights in All Matters Relating to Marriage
and Family Relations. - The State shall take all appropriate Customary laws shall be respected: Provided, however, That they
measures to eliminate discrimination against women in all matters do not discriminate against women.
relating to marriage and family relations and shall ensure:
CHAPTER V
(a) the same rights to enter into and leave marriages or RIGHTS AND EMPOWERMENT OF MARGINALIZED SECTORS
common law relationships referred to under the Family Code
without prejudice to personal or religious beliefs; Women in marginalized sectors are hereby guaranteed all civil,
political, social, and economic rights recognized, promoted, and
(b) the same rights to choose freely a spouse and to enter protected under existing laws including, but not limited to, the
into marriage only with their free and full consent. The Indigenous Peoples Rights Act, the Urban Development and
betrothal and the marriage of a child shall have no legal Housing Act, the Comprehensive Agrarian Reform Law, the Fisheries
effect; Code, the Labor Code, the Migrant Workers Act, the Solo Parents
Welfare Act, and the Social Reform and Poverty Alleviation Act.
(c) the joint decision on the number and spacing of their
children and to have access to the information, education Section 20. Food Security and Productive Resources. - The
and means to enable them to exercise these rights; State recognizes the contribution of women to food production and
shall ensure its sustainability and sufficiency with the active
(d) the same personal rights between spouses or common participation of women. Towards this end, the State shall
law spouses including the right to choose freely a profession guarantee, at all times, the availability in the market of safe and
and an occupation; health-giving food to satisfy the dietary needs of the population,
giving particular attention to the specific needs of poor girl-children
(e) the same rights for both spouses or common law and marginalized women, especially pregnant and lactating
spouses in respect of the ownership, acquisition, mothers and their young children. To further address this, the State
management, administration, enjoyment, and disposition of shall ensure:
property;
(a) Right to Food. - The State shall guarantee the availability
(f) the same rights to properties and resources, whether of food in quantity and quality sufficient to satisfy the
titled or not, and inheritance, whether formal or customary; dietary needs of individuals, the physical and economic
and accessibility for everyone to adequate food that is culturally
acceptable and free from unsafe substances and culturally
(g) women shall have equal rights with men to acquire, accepted, and the accurate and substantial information to
change, or retain their nationality. The State shall ensure in the availability of food, including the right to full, accurate,
particular that neither marriage to an alien nor change of and truthful information about safe and health-giving foods
nationality by the husband during marriage shall and how to produce and have regular and easy access to
automatically change the nationality of the wife, render her them;
(b) Right to Resources for Food Production. - The State shall benefits accruing to stakeholders in the fishing
guarantee women a vital role in food production by giving industry;
priority to their rights to land, credit, and infrastructure
support, technical training, and technological and marketing (7) Equal status shall be given to women and men in
assistance. The State shall promote women-friendly the issuance of stewardship or lease agreements and
technology as a high priority activity in agriculture and shall other fishery rights that may be granted for the use
promote the right to adequate food by proactively engaging and management of coastal and aquatic resources.
in activities intended to strengthen access to, utilization of, In the same manner, women's organizations shall be
and receipt of accurate and substantial information on given equal treatment as with other marginalized
resources and means to ensure women's livelihood, fishers organizations in the issuance of stewardship
including food security: or lease agreements or other fishery rights for the
use and management of such coastal and aquatic
(1) Equal status shall be given to women and men, resources which may include providing support to
whether married or not, in the titling of the land and women-engaged coastal resources;
issuance of stewardship contracts and patents;
(8) There shall be no discrimination against women in
(2) Equal treatment shall be given to women and the deputization of fish wardens;
men beneficiaries of the agrarian reform program,
wherein the vested right of a woman agrarian reform (9) Women-friendly and sustainable agriculture
beneficiary is defined by a woman's relationship to technology shall be designed based on accessibility
tillage, i.e., her direct and indirect contribution to the and viability in consultation with women's
development of the land; organizations;

(3) Customary rights of women to the land, including (10) Access to small farmer-based and controlled
access to and control of the fruits and benefits, shall seeds production and distribution shall be ensured
be recognized in circumstances where private and protected;
ownership is not possible, such as ancestral domain
claims: (11) Indigenous practices of women in seed storage
and cultivation shall be recognized, encouraged, and
(4) Information and assistance in claiming rights to protected;
the land shall be made available to women at all
times; (12) Equal rights shall be given to women to be
members of farmers' organizations to ensure wider
(5) Equal rights to women to the enjoyment, use, and access to and control of the means of production;
management of land, water, and other natural
resources within their communities or ancestral (13) Provide opportunities for empowering women
domains; fishers to be involved in the control and
management, not only of the catch and production of
(6) Equal access to the use and management of aquamarine resources but also, to engage in
fisheries and aquatic resources, and all the rights and
entrepreneurial activities which will add value to breast-feeding stations at the workplace, and providing
production and marketing ventures; and maternity leave pursuant to the Labor Code and other
pertinent laws;
(14) Provide economic opportunities for the
indigenous women. particularly access to market for (3) Membership in unions regardless of status of
their produce. employment and place of employment; and

In the enforcement of the foregoing, the requirements of law shall (4) Respect for the observance of indigenous peoples'
be observed at all times. cultural practices even in the workplace.

Section 21. Right to Housing. - The State shall develop housing (c) In recognition of the temporary nature of overseas work, the
programs for women that are localized, simple, accessible, with State shall exert all efforts to address the causes of out-migration
potable water, and electricity, secure, with viable employment by developing local employment and other economic opportunities
opportunities and affordable amortization. In this regard, the State for women and by introducing measures to curb violence and
shall consult women and involve them in community planning and forced and involuntary displacement of local women. The State
development, especially in matters pertaining to land use, zoning, shall ensure the protection and promotion of the rights and welfare
and relocation. of migrant women regardless of their work status, and protect them
against discrimination in wages, conditions of work, and
Section 22. Right to Decent Work. - The State shall employment opportunities in host countries.
progressively realize and ensure decent work standards for women
that involve the creation of jobs of acceptable quality in conditions Section 23. Right to Livelihood, Credit, Capital, and
of freedom, equity, security, and human dignity. Technology. - The State shall ensure that women are provided
with the following:
(a) Decent work involves opportunities for work that are productive
and fairly remunerative as family living wage, security in the (a) Equal access to formal sources of credit and capital;
workplace, and social protection for families, better prospects for
personal development and social integration, freedom for people to (b) Equal share to the produce of farms and aquatic
express their concerns organize, participate in the decisions that resources; and
affect their lives, and equality of opportunity and treatment for all
women and men. (c) Employment opportunities for returning women migrant
workers taking into account their skills and qualifications.
(b) The State shall further ensure: Corollarily, the State shall also promote skills and
entrepreneurship development of returning women migrant
(1) Support services and gears to protect them from workers.
occupational and health hazards taking into account
women's maternal functions; Section 24. Right to Education and Training. - The State shall
ensure the following:
(2) Support services that will enable women to balance their
family obligations and work responsibilities including, but (a) Women migrant workers have the opportunity to
not limited to, the establishment of day care centers and undergo skills training, if they so desire, before taking on a
foreign job, and possible retraining upon return to the protecting against hazards and sudden; loss of income, and
country: improving people's capacity to manage risks.

(b) Gender-sensitive training and seminars; and (c) The State shall endeavor to reduce and eventually
eliminate transfer costs of remittances from abroad through
(c) Equal opportunities in scholarships based on merit and appropriate bilateral and multilateral agreements. It shall
fitness, especially to those interested in research and likewise provide access to investment opportunities for
development aimed towards women-friendly farm remittances in line with national development efforts.
technology.
(d) The State shall establish a health insurance program for
Section 25. Right to Representation and Participation. - The senior citizens and indigents.
State shall ensure women's participation in policy-making or
decision-making bodies in the regional, national, and international (e) The State shall support women with disabilities on a
levels. It shall also ensure the participation of grassroots women community-based social protection scheme.
leaders in decision and policy-making bodies in their respective
sectors including, but not limited to, the Presidential Agrarian Section 28. Recognition and Preservation of Cultural
Reform Council (PARC) and its local counterparts; community-based Identity and Integrity. - The State shall recognize and respect
resource management bodies or mechanisms on forest the rights of Moro and indigenous women to practice, promote,
management and stewardship; the National Fisheries and Aquatic protect, and preserve their own culture, traditions, and institutions
Resources Management Council (NFARMC) and its local and to consider these rights in the formulation and implementation
counterparts; the National Commission on Indigenous Peoples; the of national policies and programs. To this end, the State shall adopt
Presidential Commission for the Urban Poor; the National Anti- measures in consultation with the sectors concerned to protect
Poverty Commission; and, where applicable, the local housing their rights to their indigenous knowledge systems and practices,
boards. traditional livelihood, and other manifestations of their cultures and
ways of life: Provided, That these cultural systems and practices
Section 26. Right to Information. - Access to information are not discriminatory to women.
regarding policies on women, including programs, projects, and
funding outlays that affect them, shall be ensured. Section 29. Peace and Development. - The peace process shall
be pursued with the following considerations:
Section 27. Social Protection. -
(a) Increase the number of women participating in
(a) The Social Security System (SSS) and the Philippine discussions and decision-making in the peace process,
Health Insurance Corporation (PhilHealth) shall support including membership in peace panels recognizing women's
indigenous and community-based social protection role in conflict- prevention and peace-making and in
schemes. indigenous system of conflict resolution;

(b) The State shall institute policies and programs that seek (b) Ensure the development and inclusion of women's
to reduce the poverty and vulnerability to risks and enhance welfare and concerns in the peace agenda in the overall
the social status and rights of the marginalized women by peace strategy and women's participation in the planning,
promoting and protecting livelihood and employment,
implementation, monitoring, and evaluation of rehabilitation (g) Productivity skills capability building;
and rebuilding of conflict-affected areas;
(h) Livelihood assistance;
(c) The institution of measures to ensure the protection of
civilians in conflict-affected communities with special (i) Job placement;
consideration for the specific needs of women and girls:
(j) Financial assistance: and
(d) Include the peace perspective in the education
curriculum and other educational undertakings; and (k) Transportation assistance.

(e) The recognition and support for women's role in conflict- Section 32. Protection of Girl-Children. - (a) The State shall
prevention, management, resolution and peacemaking, and pursue measures to eliminate all forms of discrimination against
in indigenous systems of conflict resolution. girl-children in education, health and nutrition, and skills
development.
Section 30. Women in Especially Difficult Circumstances. -
For purposes of this Act, "Women in Especially Difficult (b) Girl-children shall be protected from all forms of abuse and
Circumstances" (WEDC) shall refer to victims and survivors of exploitation.
sexual and physical abuse, illegal recruitment, prostitution,
trafficking, armed conflict, women in detention, victims and (c) Equal access of Moro and indigenous girl-children in the
survivors of rape and incest, and such other related circumstances Madaris, schools of living culture and traditions, and the regular
which have incapacitated them functionally. Local government units schools shall be ensured.
are therefore mandated to deliver the necessary services and
interventions to WEDC under their respective jurisdictions. (d) Gender-sensitive curriculum, including legal literacy, books, and
curriculum in the Madaris and schools of living culture and
Section 31. Services and Interventions. - WEDC shall be traditions shall be developed.
provided with services and interventions as necessary such as, but
not limited to, the following: (e) Sensitivity of regular schools to particular Moro and indigenous
practices, such as fasting in the month of Ramadan, choice of
(a) Temporary and protective custody; clothing (including the wearing of hijab), and availability of halal
food shall be ensured.
(b) Medical and dental services;
Section 33. Protection of Senior Citizens. - The State shall
(c) Psychological evaluation; protect women senior citizens from neglect, abandonment,
domestic violence, abuse, exploitation, and discrimination. Towards
(d) Counseling; this end, the State shall ensure special protective mechanisms and
support services against violence, sexual abuse, exploitation, and
(e) Psychiatric evaluation; discrimination of older women.

(f) Legal services;


Section 34. Women are entitled to the recognition and protection policies, programs, services and the situation of its clientele;
of their rights defined and guaranteed under this Act including their the generation and review of sex-disaggregated data; and
right to nondiscrimination. consultation with gender/women's rights advocates and
agency/women clientele. The cost of implementing GAD
Section 35. Discrimination Against Women is Prohibited. - programs shall be the agency's or the local government
Public and private entities and individuals found to have committed unit's GAD budget which shall be at least five percent (5%)
discrimination against women shall be subject to the sanctions of the agency's or the local government unit's total budget
provided in Section 41 hereof. Violations of other rights of women appropriations.
shall be subject to sanctions under pertinent laws and regulations.
Pursuant to Republic Act No. 7192, otherwise known as the
CHAPTER VI Women in Development and Nation Building Act, which
INSTITUTIONAL MECHANISMS allocates five percent (5%) to thirty percent (30%) of
overseas development assistance to GAD, government
Section 36. Gender Mainstreaming as a Strategy for agencies receiving official development assistance should
Implementing the Magna Carta of Women. - Within a period ensure the allocation and proper utilization of such funds to
prescribed in the implementing rules and regulations, the National gender-responsive programs that complement the
Commission on the Role of Filipino Women (NCRFW) shall assess its government GAD funds and annually report
gender mainstreaming program for consistency with the standards accomplishments thereof to the National Economic and
under this Act. It shall modify the program accordingly to ensure Development Authority (NEDA) and the Philippine
that it will be an effective strategy for implementing this Act and Commission on Women (PCW).
attaining its objectives.
The utilization and outcome of the GAD budget shall be
All departments, including their attached agencies, offices, annually monitored and evaluated in terms of its success in
bureaus, state universities and colleges, government-owned and influencing the gender-responsive implementation of agency
-controlled corporations, local government units, and other programs funded by the remaining ninety-five percent (95%)
government instrumentalities shall adopt gender mainstreaming as budget.
a strategy to promote women's human rights and eliminate gender
discrimination in their systems, structures, policies, programs, The Commission on Audit (COA) shall conduct an annual
processes, and procedures which shall include, but not limited to, audit on the use of the GAD budget for the purpose of
the following: determining its judicious use and the efficiency, and
effectiveness of interventions in addressing gender issues
(a) Planning, budgeting, monitoring and evaluation for GAD. towards the realization of the objectives of the country's
GAD programs addressing gender issues and concerns shall commitments, plans, and policies on women empowerment,
be designed and implemented based on the mandate of gender equality, and GAD.
government agencies and local government units, Republic
Act No. 7192, gender equality agenda of the government Local government units are also encouraged to develop and
and other GAD-related legislation, policies, and pass a GAD Code based on the gender issues and concerns
commitments. The development of GAD programs shall in their respective localities based on consultation with their
proceed from the conduct of a gender audit of the agency or women constituents and the women's empowerment and
the local government unit and a gender analysis of its gender equality agenda of the government. The GAD Code
shall also serve as basis for identifying programs, activities, The GAD Focal Point System shall be composed of the
and projects on GAD. agency head or local chief executive, an executive
committee with an Undersecretary (or its equivalent), local
Where needed, temporary gender equity measures shall be government unit official, or office in a strategic decision-
provided for in the plans of all departments, including their making position as Chair; and a technical working group or
attached agencies, offices, bureaus, state universities and secretariat which is composed of representatives from
colleges, government-owned and -controlled corporations, various divisions or offices within the agency or local
local government units, and other government government unit.
instrumentalities.
The tasks and functions of the members of the GFP shall
To move towards a more sustainable, gender-responsive, form part of their regular key result areas and shall be given
and performance-based planning and budgeting, gender due consideration in their performance evaluation.
issues and concerns shall be integrated in, among others,
the following plans: (c) Generation and Maintenance of GAD Database. All
departments, including their attached agencies, offices,
(1) Macro socioeconomic plans such as the Medium- bureaus, state universities and colleges, government-owned
Term Philippine Development Plan and Medium-Term and - controlled corporations, local government units, and
Philippine Investment Plan; other government instrumentalities shall develop and
maintain a GAD database containing gender statistics and
(2) Annual plans of all departments, including their sexdisaggregated data that have been systematically
attached agencies, offices, bureaus, state gathered, regularly updated; and subjected to; gender
universities and colleges, and government-owned analysis for planning, programming, and policy formulation.
and -controlled corporations; and
Section 37. Gender Focal Point Officer in Philippine
(3) Local plans and agenda such as executive- Embassies and Consulates. - An officer duly trained on GAD shall
legislative agenda, comprehensive development plan be designated as the gender focal point in the consular section of
(CDP), comprehensive land use plan (CLUP), Philippine embassies or consulates. Said officer shall be primarily
provincial development and physical framework plan responsible in handling gender concerns of women migrant
(PDPFP), and annual investment plan. workers. Attached agencies shall cooperate in strengthening the
Philippine foreign posts' programs for the delivery of services to
(b) Creation and/or Strengthening of the GAD Focal Points women migrant workers.
(GFP). All departments, including their attached agencies,
offices, bureaus, state universities and colleges, Section 38. National Commission on the Role of Filipino
government- owned and -controlled corporations, local Women (NCRFW). - The National Commission on the Role of
government units, and other government instrumentalities Filipino Women (NCRFW) shall be renamed as the Philippine
shall establish or strengthen their GAD Focal Point System or Commission on Women (PCW), the primary policymaking and
similar GAD mechanism to catalyze and accelerate gender coordinating body of the women and gender equality concerns
mainstreaming within the agency or local government unit. under the Office of the President. The PCW shall be the overall
monitoring body and oversight to ensure the implementation of this
Act. In doing so, the PCW may direct any government agency and
instrumentality, as may be necessary, to report on the (c) Establish guidelines and mechanisms, among others,
implementation of this Act and for them to immediately respond to that will facilitate access of women to legal remedies under
the problems brought to their attention in relation to this Act. The this Act and related laws, and enhance the protection and
PCW shall also lead in ensuring that government agencies are promotion of the rights of women, especially marginalized
capacitated on the effective implementation of this Act. The women;
chairperson shall likewise report to the President in Cabinet
meetings on the implementation of this Act. (d) Assist in the filing of cases against individuals, agencies,
institutions, or establishments that violate the provisions of
To the extent possible, the PCW shall influence the systems, this Act; and
processes, and procedures of the executive, legislative, and judicial
branches of government vis-a-vis GAD to ensure the (e) Recommend to the President of the Philippines or the
implementation of this Act. Civil Service Commission any possible administrative action
based on noncompliance or failure to implement the
To effectively and efficiently undertake and accomplish its provisions of this Act.
functions, the PCW shall revise its structure and staffing pattern
with the assistance of the Department of Budget and Management. Section 40. Monitoring Progress and Implementation and
Impact of this Act. - The PCW, in coordination with other state
Section 39. Commission on Human Rights (CHR). - The agencies and the CHR, shall submit to Congress regular reports on
Commission, acting as the Gender and Development Ombud, the progress of the implementation of this Act highlighting the
consistent with its mandate, shall undertake measures such as the impact thereof on the status and human rights of women: Provided,
following: That the second report shall include an assessment of the
effectiveness of this Act and recommend amendments to improve
(a) Monitor with the PCW and other state agencies, among its provisions: Provided, finally, That these reports shall be
others, in developing indicators and guidelines to comply submitted to Congress every three (3) years or as determined in
with their duties related to the human rights of women, the implementing rules and regulations.
including their right to nondiscrimination guaranteed under
this Act; Section 41. Penalties. - Upon finding of the CHR that a
department, agency, or instrumentality of government,
(b) Designate one (1) commissioner and/or its Women's government-owned and -controlled corporation, or local
Human Rights Center to be primarily responsible for government unit has violated any provision of this Act and its
formulating and implementing programs and activities implementing rules and regulations, the sanctions under
related to the promotion and protection of the human rights administrative law, civil service, or other appropriate laws shall be
of women, including the investigations and complaints of recommended to the Civil Service Commission and/or the
discrimination and violations of their rights brought under Department of the Interior and Local Government. The person
this Act and related laws and regulations; directly responsible for the violation as well as the head of the
agency or local chief executive shall be held liable under this Act.

If the violation is committed by a private entity or individual, the


person directly responsible for the violation shall be liable to pay
damages.
Filing a complaint under this Act shall not preclude the offended agencies' GAD budgets, which shall be at least five percent (5%) of
party from pursuing other remedies available under the law and to their total budgetary allocation, shall also be utilized for the
invoke any of the provisions of existing laws especially those programs and activities to implement this Act.
recently enacted laws protecting women and children, including the
Women in Development and Nation Building Act (Republic Act No. Section 44. Implementing Rules and Regulations. - As the
7192), the Special Protection of Children Against Child Abuse, lead agency, the PCW shall, in coordination with the Commission on
Exploitation and Discrimination Act (Republic Act No. 7610), the Human Rights and all concerned government departments and
Anti-Sexual Harassment Act of 1995 (Republic Act No. 7877), the agencies including, as observers, both Houses of Congress through
Anti-Rape Law of 1997 (Republic Act No. 8353), the Rape Victim the Committee on Youth, Women and Family Relations (Senate) and
Assistance and Protection Act of 1998 (Republic Act No. 8505), the the Committee on Women and Gender Equality (House of
Anti-Trafficking in Persons Act of 2003 (Republic Act No. 9208) and Representatives) and with the participation of representatives from
the Anti- Violence Against Women and Their Children Act of 2004 nongovernment organizations (NGOs) and civil society groups with
(Republic Act No. 9262). If violence has been proven to be proven track record of involvement and promotion of the rights and
perpetrated by agents of the State including, but not limited to, welfare of Filipino women and girls identified by the PCW, formulate
extrajudicial killings, enforced disappearances, torture, and internal the implementing rules and regulations (IRR) of this Act within one
displacements, such shall be considered aggravating offenses with hundred eighty (180) days after its effectivity.
corresponding penalties depending on the severity of the offenses.
Section 45. Separability Clause. - If any provision or part hereof
Section 42. Incentives and Awards. - There shall be established is held invalid or unconstitutional, the remainder of the law or the
an incentives and awards system which shall be administered by a provisions not otherwise affected shall remain valid and subsisting.
board under such rules and regulations as may be promulgated by
the PCW to deserving entities, government agencies, and local Section 46. Repealing Clause. - Any law, presidential decree or
government units for their outstanding performance in upholding issuance, executive order, letter of instruction, administrative
the rights of women and effective implementation of gender- order, rule, or regulation contrary to, or inconsistent with, the
responsive programs. provisions of this Act is hereby repealed, modified, or amended
accordingly.
Section 43. Funding. - The initial funding requirements for the
implementation of this Act shall be charged against the current Section 47. Effectivity Clause. - This Act shall take effect fifteen
appropriations of the agencies concerned. Thereafter, such sums as (15) days after its publication in at least two (2) newspapers of
may be necessary for the implementation of this Act shall be general circulation.
included in the agencies' yearly budgets under the General
Appropriations Act. Approved,

The State shall prioritize allocation of all available resources to


effectively fulfill its obligations specified under this Act. The State

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