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THE MAGNA CARTA OF WOMEN

REPUBLIC ACT NO. 9710

OBJECTIVE OF THE LAW


Emphasizes the rights of women and institutionalizes the substantive equality of men and
women. The essence of the law is not only to provide equal opportunities for women but also
their empowerment.
THE MAGNA CARTA OF WOMEN MANDATES THE STATE TO:

Abolish the unequal structures and practices that perpetrate discrimination and inequality
to women, such as the repeal of discriminatory provisions of existing laws1;

Eliminate the discrimination of women in the military, police, and other similar services2,
including the revision or abolition of policies and practices that restricts women from
availing of both combat and non-combat training, or from taking on functions other than
administrative tasks, such as engaging in combat, security-related, or field operations3.

Increase the number of women participating in discussions and decision-making in the


peace process, including membership in peace panels4;

1 Some laws are considered to contain discriminatory provisions against women such
as:Provisions found in the Family Code:
giving preference to the fathers consent to the marriage of children between
the ages of 18 and 21 (Art. 14);
giving preference to the husbands decision, in case of disagreement with the
wife as regards to the enjoyment of community and conjugal properties (Art.
96 and 124);
giving preference to the husbands decision, in case of disagreement with the
wife over the persons of their common children and on the exercise of legal
guardianship over the property of the unemancipated common child (Art 221
and 225);
the requirement for repeated physical abuse and grossly abusive conduct to
constitute a ground for legal separation (Art 55)
Provisions found in the Revised Penal Code
adultery and concubinage
death inflicted under exceptional circumstances

2 Similar services including the Bureau of Fire Protection, Bureau of Jail Management
and Penology, National Bureau of Investigation, Philippine Drug Enforcement
Agency and other agencies with law enforcement functions.
3 Sec 15, Magna Carta of Women
4 Sec 25, .ibid

Ensure the development and inclusion of womens welfare and concern in the peace
agenda and womens participation in the planning, implementation, monitoring, and
evaluation of rehabilitation and rebuilding of conflicted areas5;

Give special consideration for the specific needs of women in conflict-affected


communities6;

Adopt measure to:

Protect girl-children from all forms of abuse and exploitation;

Eliminate all forms of discrimination against girl-children in education, health and


nutrition, and skills development;

ensure equal access of Moro and indigenous girl-children in the Madaris7, schools
of living culture and traditions, and the regular schools.

develop gender-sensitive curriculum and books in the Madaris and schools of


living culture and traditions;

ensure sensitivity of regular schools to particular Moro and indigenous practices,


such as fasting in the month of Ramadan, choice of clothing (including the
wearing of hijab), and availability of halal food.8

Protect the rights of Moro and indigenous women to practice, promote, and preserve their
own culture, traditions and institutions which are not discriminatory to women9

THE RIGHTS OF WOMEN


In general, all women are entitled to enjoy all the rights under the Constitution, including the
rights recognized under international instruments duly signed and ratified by the Philippines.
Equal rights in All Matters Relating to Marriage and Family Relations

right to enter into and leave marriages or common law relationships referred to
under the Family Code;

5 Sec 29, .ibid

6 Sec 29, .ibid

7Islamic Institution
8Sec 32, Magna Carta of Women
9 Sec 28, .ibid

right to freely choose a spouse and enter into marriage only with their free and
full consent;
right to enjoy the same personal rights as their spouses or common law spouses
with respect to ownership, acquisition, management, administration, enjoyment,
and disposition of property;
right to enjoy same rights to properties.10

Right to be protected from all forms of violence

All government agencies are mandated to give priority to the defense and
protection of women against gender-based offenses;
local government units should provide temporary shelters to women and
children in situations of armed conflict;
women should not be required to take part in armed hostilities;
barangays should establish a Violence Against Women Desk to be manned by
a person trained in handling gender-sensitive cases.11

Right to participation and equitable representation in all spheres of society.

Women have the right to participate in the formulation, implementation and


evaluation of policies, plans and programs for national and local
development.12

Right against dismissal or expulsion from school due to pregnancy out of wedlock

Expulsion or non-readmission of unmarried women teachers or faculty


members due to pregnancy is outlawed. Neither can educational institutions
transfer, or force unmarried teachers to go on leave, simply because they got
pregnant.
Educational institutions cannot refuse admission, nor expel, suspend or
impose disciplinary actions against unmarried female students who get
pregnant during their term in school.13

Right against discriminatory and derogatory portrayal in media and film


10 Sec 19, .ibid
11Sec 9, Magna Carta of Women; Sec 12, Rules and Regulations Implementing the
Magna Carta of Women
12 Sec 11, Magna Carta of Women
13 Sec 13, Magna CartCarta of Women; Sec 16, Rules and Regulations Implementing the
Magna Carta of Women

Right to decent work

Involves opportunities for work that are productive and fairly remunerative as
family living wage, security in the workplace, better prospects for personal
development and social integration.

Right to special leave benefits

Women employees who have undergone surgery caused by gynecological


disorders are entitled to a special leave of 2 months with full pay based on her
gross monthly compensation.14
The special leave benefit for women is not cumulative and not convertible to
cash.15
To be entitled to the special leave, the female employee must have undergone
surgery due to gynecological disorder as certified by a competent physician.
She must have rendered at least six (6) months continuous aggregate
employment service for the last twelve (12) months prior to surgery;
To be entitled, the female employee must file an application for special leave
with the employer within a reasonable time from expected date of surgery.16

RIGHTS OF WOMEN IN ESPECIALLY DIFFICULT CIRCUMSTANCES.


Women in Especially Difficult Circumstances refers to victims and survivors of sexual and
physical abuse, illegal recruitment, prostitution, trafficking, armed conflict, women in detention,
victims and survivors of rape and incest and other related circumstances which have
incapacitated them functionally.
The right mandates local government units to deliver the following necessary services
and interventions:

Temporary and protective custody


Counseling and Psychiatric evaluation
Legal Services
Financial Assistance
Livelihood assistance
Productivity skills capability building

14 Sec 18, Magna Carta of Women; Sec 7 (L), Rules and Regulations Implementing
the Magna Carta of Women
15 Sec 18, Rules and Regulations Implementing the Magna Carta of Women
16 Sec 21, Rules and Regulations Implementing the Magna Carta of Women

Job placement17

17 Sec 30 and 31, Magna Carta of Women

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