Historical Background

The history of women in the Philippines has already come full circles. The status

of women during the pre-Spanish Philippines was predicted on the notion of equality and

partnership dictated by the social roles played by both men and women. The dictates of

economy and practicality defined-man-woman relationship. Women in pre-colonial

Philippines live in a culture that has equality between the two sexes; male and female.

They were allowed to obtain divorce, own and inherit property and even become a leader

or chief of barangays. On the idea of having a family women could dictate the terms of

their marriage and even choose to keep their maiden names. They had the right to name

their children, to have the power of their purses and to perform the role of Babaylan

(priestess). Babaylan refers to the pre-colonial Philippine tradition of female mystical

healers whose spiritual connectedness was a source of political and social power.

Babaylan women serve as intermediaries between spiritual and material worlds in their

communities. Their leadership roles are multi -fold: warrior, healer, priestess and sage.

System in precolonial was largely close to matriarchal. Wrapping up the status of women

during this time, there's a quote from the work of Valdez (1891): "The law does not give

her any special right or any official representation but by her own superiority the power

of custom have made her, the woman, the principal instrument of nature, culture and

power, more or less hidden which moves and directs the man in his public life and in his

public life and is the one who really controls domestic society". The society we had during

the pre-colonial Philippines was mostly enjoyed by the women. It was a largely

progressive society that brought women to such high floor. But then, it was not meant to

last for long. Because it took a serious blow when Spanish came. They ruined the benefits

that women enjoyed. They banished women to the homes, treat Babaylans as satanic and
ingrained in the minds of our forefathers that women should behave like Maria Clara - a

demure, a faithful sweetheart and powerless.

Spanish colonialism brought along with it the culture, religion and value system

which unfortunately did not augur well for women. The state imposed religion in the

colony had with it so much misogynistic ideas used as justification for the demeaning of

the status of women. During the colonization of Spain, women were seen as a woman tied

to the house, whose main function was to bear a child, to become obedient and respectful

daughter, a good wife and mother. Marriage was seen as their final fate and there's no

escape from it. Women in this time should be overly religious, submissive and obedient.

Spaniards believe that these women were no longer allowed to hold high positions and

participate in political activities. Spaniards showed greediness in imposing patriarchal

system. Centuries of Spanish colonialism generated an intense social reaction triggering

a social upheaval. The entire process was prolonged and difficult. And yet through it all,

the women of the Philippines with their capacity for forbearance sustain the struggle.

Eventually, they were able to vindicate themselves and restore the social status of respect

they once had.

Women have continued to struggle to determine the origins of their oppression

for long years, decades, and even centuries. There is still a long way to go to achieve full

equality of rights and opportunities between men and women, warns UN Women.

Therefore, it is of paramount importance to end the multiple forms of gender violence

and secure equal access to quality education and health, economic resources and

participation in political life for both women and girls and men and boys. It is also

essential to achieve equal opportunities in access to employment and to positions of

leadership and decision-making at all levels.

Women’s movement in the Philippines was one of the first, major occasions on

which women grouped together politically. It was also one of the first women's rights

movements, and endeavored to attain the right for women to vote and run for office.

On December 18, 1979, the Convention on the Elimination of All Forms of

Discrimination against Women was adopted by the United Nations General Assembly. It

entered into force as an international treaty on September 3, 1981.

CEDAW known as the International Bill of Rights of Women, the Convention on

the Elimination of all Forms of Discrimination Against Women is the only human rights

treaty which affirms the reproductive rights of women and targets culture and tradition

as influential forces shaping gender roles and family relations. It affirms women's rights

to acquire, change or retain their nationality and the nationality of their children.

The CEDAW provides the basis for realizing equality between men and women

through ensuring women's equal access, and equal opportunities in political and public

life. Not only did it establish an International Bill of Rights for Women, it also crafted an

agenda for action by state parties to guarantee the enjoyment of those rights. As of 2006,

the CEDAW has been ratified by over 160 states parties including the Philippines (UDHR

2006). So strong was the clamor for women's rights that gender concerns is included as

one of the Millennium Development Goals (MDG) set by the United Nations which is

targeted to be attained by 2015.

CEDAW has the aim to bring about substantive equality of women and it prohibits

actions and politics that put women at a disadvantage whatever its intentions; CEDAW
requires countries to eliminate discrimination against women in the public as well as the

private sphere, including in the family, and recognizes that traditional gender roles and

stereotypes must be eliminated in order to end all forms of discrimination against women

and girls.

ARTICLES OF THE CONVENTION

ARTICLE 1 Definition of Discrimination against Women and Girls

Discrimination against women and girls means different treatment from men and boys

that prevents them from enjoying their human rights. CEDAW explains that

discrimination can take place in all areas of public and private life, including political,

economic, civil, social, and cultural areas. An example of “direct discrimination” is when

the laws of a country do not allow women to vote, go to school or own property. An

example of “indirect discrimination” is when a job, such as police officer, has minimum

height and/or weight criteria that many women may not be able to meet. ‘Substantive

equality’ or ‘equality of results’ cannot be achieved when either direct or indirect

discrimination exist.

ARTICLE 2 Policy measures to be undertaken to eliminate discrimination

Countries that have ratified CEDAW are obligated to take action to end discrimination

against women and girls in all its forms. This includes establishing laws and policies to

protect women and girls against discrimination and abolishing all existing laws, policies,

customs, and practices which are discriminatory. CEDAW also states that constitutions or

other national laws must include the principle of equality of women and girls and men

and boys.
ARTICLE 3 Guarantees basic human rights and fundamental freedoms on an equal

basis with men

By ratifying CEDAW, countries must take all appropriate measures to guarantee that

women and girls can enjoy their human rights and fundamental freedoms in every aspect

of society, including in the political, economic, social, and cultural fields.

ARTICLE 4 Temporary special measures to achieve equality

In fields where women and girls are disadvantaged by long-standing inequalities,

countries should adopt temporary special measures to bring about substantive equality

faster. An example of a temporary special measure could be setting quotas for women in

politics. These are temporary measures used to accelerate progress towards gender

equality and used only until gender equality is achieved. These measures are not

considered discriminatory against men and boys and should last for as long as

inequalities exist.

ARTICLE 5 Sex roles and Stereotyping

Countries must work to change harmful gender stereotypes about women and girls and

men and boys that perpetuate discrimination and limit opportunities for women and girls

to achieve their full potential. Such stereotypes may include a belief that women and girls

should not play sports or that men and boys should not do household work. Countries

must also ensure that family education includes a proper understanding of maternity as

a social function and the shared responsibility of both men and women in bringing up

children.

ARTICLE 6 Prostitution
Countries must end the exploitation of prostitution and trafficking in women and girls.

Around the world, women and girls continue to be trafficked and exploited for low-paid

work or sex.

ARTICLE 7 Political and Public Life

Countries must eliminate discrimination against women and girls in political and public

life. This includes equal rights to vote, to run for and hold public office, to participate in

political parties and processes, and to participate in non-governmental organizations and

political and public associations such as trade unions.

ARTICLE 8 Participation in the International Level

Countries must ensure that women and girls have equal rights to represent their country

at the international level and to participate in the work of international organizations,

such as the United Nations.

ARTICLE 9 Nationality

Countries must guarantee that women have equal rights with men to acquire, retain or

change their nationality, and the nationality of their children. Countries must allow

women to pass their nationality to their foreign spouses on an equal basis with men.

ARTICLE 10 Equal rights in education

Countries must end discrimination against women and girls and ensure equal rights in

education. This includes equal access to education and vocational training at all levels.

Women and girls must be provided with the same curricula, examinations, standards for

teaching, access to scholarships, and equipment. Ending discrimination against women

and girls in education includes the right to participate in sports and physical education

and the right to access health education and family planning information. Countries
should address factors that contribute to school drop-out for women and girls, and should

help women and girls who have left school early to return and complete their education.

Lastly, countries should eliminate gender stereotypes and discrimination in schools,

including by revising textbooks, curricula, and teaching methods.

ARTICLE 11 Employment

Countries must eliminate discrimination against women in employment. This includes

ensuring equal opportunities to choose one’s profession and receive equal pay for work

of equal value. Women should have equal access to healthy and safe working conditions

and social security for retirement, unemployment, sickness and old age, and should not

be discriminated against because they are married, pregnant, just had a child or are

looking after children. Women should be provided with maternity leave and countries

should encourage the provision of support to enable parents to combine work and family

responsibilities. Special protection needs to be provided to women during pregnancy in

types of work proved to be harmful to them.

ARTICLE 12 Health Care and Family Planning

Countries must guarantee equal access to health care and ensure women and girls are not

discriminated against in health care. Women and girls must have access to health care

services for family planning. Countries should also provide appropriate, and where

necessary, free services with regard to pregnancy, confinement and the post-natal period.

They should also be provided with adequate nutrition during pregnancy and lactation.

ARTICLE 13 Economic and Social benefits

Countries must eliminate discrimination against women and girls in all areas of economic

and social life. Women and girls should be granted the same rights as men and boys to
family benefits, bank loans, credit and mortgages, and should have equal opportunities to

take part in sports and other cultural activities.

ARTICLE 14 Rural Women

Girls Countries must take account of the specific problems faced by and important role

that rural women and girls play in the survival of their families. All the obligations in the

Convention should be applied to rural women and girls, and countries should ensure that

they benefit from rural development on an equal footing as men and boys. The particular

needs of women and girls in rural communities must be met in relation to access to

services, training, and employment opportunities and social equity schemes, and

countries need to eliminate the discriminatory barriers against rural women and girls.

This is a unique provision dedicated to rural women in an international treaty.

ARTICLE 15 Equality before the Law

Countries must guarantee women and girls equality with men and boys before the law.

This includes equal access to legal counsel, services, and resources. This includes that

women (and girls when they reach a certain age in their country) should have the same

rights as men and boys to speak for themselves in courts or tribunals, get a loan, rent and

inherit property, or sign a contract. Countries must also guarantee the same rights to

freedom of movement and choice of residence to women and men.

ARTICLE 16 Marriage and Family Law

In terms of marriage and family relations, countries must ensure that women have equal

rights as men in their choice of whom to marry and whether to marry, and any matters

relating to the birth, adoption, and raising of children, such as the spacing and number of

children. They also have the same rights and responsibilities within marriage and in the
case of divorce. Women have the same personal rights as spouses, including with regard

to choice of family name, profession and occupation and with respect to their property.

The marriage of a child has no legal effect and countries should take steps to set a

minimum age for marriage. Additionally, all marriages must be registered.

ARTICLES 17 TO 22

These articles detail how the CEDAW Committee works. Countries submit an initial

report within one year of the country’s ratification of the Convention and its entry into

force, and thereafter a periodic report every four years. The Committee holds a

constructive dialogue with a country’s delegation based on the report and other

information received, including from NGOs. NGO representatives, including from youth

organizations, can also travel to Geneva, where the Committee holds its sessions three

times a year, and interact with the Committee members directly. The CEDAW Committee

will raise concerns and make recommendations to speed up progress based on the report

and the dialogue in the concluding observations. The Committee can also adopt general

recommendations on thematic or other issues.

ARTICLES 23 TO 30

These articles deal with the administration of CEDAW, including the possibility to accept

CEDAW subject to reservations and how to resolve any disputes between countries

concerning the interpretation or application of CEDAW.

Because of the CEDAW, the Philippines government has enacted laws to protect

women. These are RA 7877 “Anti-Sexual Harassment Act”, RA 8353 “Anti-Rape Law”, RA

8505 “Rape Victim Assistance and Protection Act”, RA 9208 “Anti-Trafficking in Persons
Act”, RA 9262 “Anti-Violence Against Women and Children Act”, and RA 9710 “Magna

Carta of Women.”

In recent years, The United Nations Security Council has issued two landmark

Resolutions that uphold the rights of women. The first is the UN Resolution 1325 that was

adopted by the Security Council on October 31, 2000 and the second is UN Resolution

1820 adopted by the Security Council on June 19, 2008.

Resolution 1325 was the first formal and legal document from the Security Council

that required parties in a conflict to prevent violations of women's rights, to support

women's participation in peace negotiations and in post-conflict reconstruction, and to

protect women and girls from sexual and gender-based violence in armed conflict. It was

also the first United Nations Security Council resolution to specifically mention the

unique impact of conflict on women.[2] The resolution has since become an organizing

framework for the women, peace, and security agenda, which focuses on advancing the

components of Resolution 1325.

United Nations Security Council Resolution 1820 was unanimously adopted on 19

June 2008. It condemns the use of sexual violence as a tool of war, and declares that “rape

and other forms of sexual violence can constitute war crimes, crimes against humanity or

a constitutive act with respect to genocide”. The adoption of the resolution marked the

first time that the UN explicitly linked sexual violence as a tactic of war with women,

peace, and security issues. Security Council Resolution 1820 reinforces United Nations

Security Council Resolution 1325 and highlights that sexual violence in conflict

constitutes a war crime and demands parties to armed conflict to immediately take

appropriate measures to protect civilians from sexual violence, including training troops

and enforcing disciplinary measures.

protection and promotion of women’s right. In the Philippines, a National Action Plan on

Women, Peace and Security Implementing the UNSCRs 1325 and 1820 (NAP) was

formulated in 2009 and launched in March 2010. Launching this NAP is a milestone and

its implementation is now the focus of women’s and peace organizations. However,

despite the efforts of the UN, government and non-government organizations, the

elimination of discriminatory and violent practices against women is a continuing

challenge throughout the world.

Sources:

https://www.pcw.gov.ph/international-commitments/cedaw

https://iknowpolitics.org/sites/default/files/cedaw-for-youth.pdf

NSTP book (2018 Edition)