In the Philippines, it is illegal to discriminate against women.
There are various laws that protect and empower women in the Philippines, but one of the pillars of women’s human rights in the country is called the Magna Carta of Women (MCW), signed in 2009.
Here are some things to know about the MCW.
What is it all about?
The Philippine Commission on Women (PCW) describes the MCW as a women’s human rights law that seeks to eliminate discrimination through recognizing, protecting, fulfilling, and promoting Filipinas’ rights, especially those from marginalized sectors.
It is the localized version of the Convention on the Elimination of All Forms of Discrimination against Women or CEDAW, which the United Nations General Assembly adopted in 1979. The Philippines ratified the CEDAW in September 1981.
In the law, discrimination against women is defined as any “gender-based distinction, exclusion, or restriction which has the effect or purpose of impairing or nullifying the recognition, enjoyment, or exercise by women, irrespective of 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.”
Priority in institutions
The MCW is the basis for various gender-fair policies in Philippine institutions. These include requirements for:
- A Violence Against Women Desk in every barangay
- Gender mainstreaming, or assessing implications for women and men for planned actions, in all government offices, government-owned and controlled corporations, and local government units
- A 50-50 gender balance in third level, or managerial positions in government, and at least 40% representation in development councils
- Non-discrimination in employment and promotional privileges in male-dominated uniformed work, such as in the military, police, and other similar services
- Mandatory human rights and gender sensitivity training for all government personnel involved in the protection and defense of women against gender-based violence
Health and social welfare
The MCW provides several mechanisms that put priority on women’s health needs.
For one, the law requires a special two-month leave-with-pay benefit for women employees who undergo surgery caused by gynecological disorders. They must have served at least six continuous months of work for the last year to qualify.
Both the Civil Service Commission and the Department of Labor and Employment have guidelines for this benefit for the public and private sectors, respectively.
The government is mandated to address the particular needs of women during disasters, calamities, and other crisis situations. These include comprehensive health services, protection during pregnancy, and mechanisms against gender-based violence during these times.
Women are also entitled to equal access to education, scholarships, and training. The law requires educational institutions to use gender-sensitive language as well.
Expulsion and not readmitting women faculty and students who got pregnant out of wedlock is outlawed.
“No school shall turn out or refuse admission to a female student solely on the account of her having contracted pregnancy outside of marriage during her term in school,” the law reads.
Economic empowerment
The MCW provides women’s right to decent work. For working mothers, the state is required to ensure that workplaces establish day care centers and breastfeeding stations, and provide maternity leave benefits.
Women must also have equal access to formal sources of credit and capital, and equal share to the produce of farms and aquatic resources.
Women have typically been the bulk of overseas Filipino workers (OFWs), at least in recent decades, and the MCW recognizes that. The social cost of labor migration is often attributed to the outward migration of mothers.
The law says: “The State shall exert all efforts to address the causes of out-migration by developing local employment and other economic opportunities for women and by introducing measures to curb violence and forced and involuntary displacement of local women.”
The government must also promote migrant women workers’ rights and welfare regardless of work status, and protect them against discrimination in wages, working conditions, and employment opportunities in host countries.
The Magna Carta of Women is a comprehensive document that provides protection in many facets of society. Read the entire document here. – Rappler.com