CHAPTER 9

Laws, Policies, and

Programs for Philippine
Women
Universal Declaration of Human
Rights of 1948
 a common standard of
achievements for all peoples and
all nations. Its underlying
premise is to provide all people
the same basic human rights,
regardless of sex or gender.

These rights are fundamental

(basic) human entitlements of a
person.
Human Rights Approach: 1. Universal Declaration of Human Rights of 1948

All humans have the

 right to life,
 right to a nationality,
 right to education,
 right to a livelihood, etc.
Important International Legal Instruments that became the basis
in creating Laws, Policies, and Programs for Philippine Women

1. Convention on the Elimination of All Forms

of Discrimination Against Women (CEDAW)
of 1979
2. Beijing Platform for Action (BPfA) of 1994
3. Millennium Development Goals (MDGs) of
2000
4. Sustainable Development Goals (SDGs)
of the year 2015
International Treaties for Women’s Protection
 The Beijing Platform for Action (BPfA)
 The Millennium Development Goals (MDG)
 Convention on the Elimination of All Forms of Discrimination against
Women (CEDAW)

Advocates for gender equality in the national and international sphere

These instruments were identified by the

Philippine Commission on Women (PCW), the Government Agency that
promotes gender equality and women’s empowerment.
Human Rights Approach: 2. CEDAW

1. The Convention on the Elimination of all Forms of

Discrimination Against Women (CEDAW)

• CEDAW is also known as the International Bill of Rights of

Women
• Is the only human rights treaty which affirms the reproductive rights
of women and targets culture and traditions as influential forces
shaping gender role and family relations.
• CEDAW defines discrimination as “any distinction, exclusion or
restriction made on the basis of sex which has the effect or purpose
of impairing or nullifying the recognition, enjoyment, or exercise by
women, irrespective of their marital status, on the basis of equality of
men and women, of human rights and fundamental freedoms in the
political economic, social, cultural, civil, or any other field.
Human Rights Approach: 2. CEDAW

Any state or country that adopts the CEDAW must commit itself
to ending discrimination against women. Specifically, a state must
work:
• To incorporate the principle of equality of men and women in
their legal system, abolish all discriminatory laws and adopt
appropriate ones prohibiting discrimination against women;
• To establish tribunals and other public institutions to ensure the
effective protection of women against discriminations; and
• To ensure elimination of all acts of discrimination against
women by persons, organizations, or enterprises.

The Magna Carta of Women (MCW) establishes the Philippine

government’s pledge of commitment to the CEDAW.
2. Beijing Platform for Action (BPfA)
The Beijing Platform for Action (BPfA) was the resulting document of the Fourth World Conference on
Women in Beijing, China in 1995 adopted in consensus by the United Nations (UN).

• BPfA emphasizes that women share common concerns that can

be addressed only by working together and in partnership with
men towards the common goals of [gender] equality around the
world.
• The BPfA aims for the complete participation of women in all
spheres of life through the shared responsibility of men and
women at home, in the workplace, and in the public section.
• It seeks a people-centered sustainable development.
• The BPfA is a landmark act that recognizes the subordinate
position of women in the globe, and aims to promote and
protect their full rights while diagnosing problems related to
women’s issues.
Human Rights Approach: 3. Beijing Platform for Action (BPfA)

• The aim of this Platform for Action was the enactment of

policies and programs addressing women concerns within five
years of its creation in 1995.
• It has special considerations for the girl-child, indigenous
women, women workers, and women who were victims of
violence in armed conflicts.
• It also focuses on the social dimension of growth, recognizing
that structural adjustment plans had left behind women and led
to a feminization of poverty – the phenomenon in which majority
of the world’s poor are women.
 12 CRITICAL AREAS OF CONCERN
THAT NEED URGENT ACTION

1 2 3 4

1. The persistent 2. Inequalities 3. Inequalities and 4. Violence

and increasing and inadequacies in and against
burden of inadequacies in unequal access to women;
poverty on and unequal health care and related
women; access to services;
education and
training;
 12 CRITICAL AREAS OF CONCERN
THAT NEED URGENT ACTION

5 6 7 8

5. The effects of 6. Inequality in 7. Inequality 8. Insufficient

armed or other economic structures between men and mechanism at
kinds of conflict and policies,
women in the all levels to
on women, in all forms of
productive activities sharing promote the
including those
living under and in access to of power and advancement
foreign resources; decision-making at of women;
occupation; all levels;
 12 CRITICAL AREAS OF CONCERN
THAT NEED URGENT ACTION

9 10 11 12

9. Lack of 10. Stereotyping of 11. Gender 12. Persistent

respect for and women and inequality inequalities in the discrimination
inadequate in women’s management of against and
promotion and access to and natural violation
protection of the participation in all resources and in
of the rights of
communication
human rights of the safeguarding
systems, especially the girl-child.
women; the media;
of the
environment; and
Beijing Platform for Action (BPfA); 12 critical areas of concern that need urgent action formulated by BPfA continued

• Gender mainstreaming as a strategy for gender

equality was established as an outcome of this
Fourth United Nations World Conference on
Women.
- It is the most important mechanism to fulfill the
commitment made to the BPfA in 1995.
3. Millennium Development Goals (MDG)

• The MDGs are a collection of eight goals that focus on major

issues of the under privileged people around the globe.
• MDGs were drafted by the UN in 2000 as a way to combat the
most pressing issues of developing countries.
• The goals focus on reducing poverty, hunger, disease, and
gender inequality, as well as ensuring access to water and
sanitation by 2015.
• The MDGs promote international commitment to meeting
women’s needs and women’s empowerment.
• Three of the eight MDG focus on education/ gender equality
• Goal 2: to achieve universal primary education;
• Goal 3: to promote gender equality and empower women; and
• Goal 5: to improve maternal health.

All state parties to the

UN Millennium
Declaration in 2000
committee to
incorporating these
goals into their own
development agenda.
Human Rights Approach: 5. Sustainable Development Goals

4. Sustainable Development Goals (SDG)

The new SDGs aim to address the root causes of poverty and inequality in the world today.

The SDGs are built

from the Millennium
Development Goals
(MDG) and aimed at
continuing the latter’s
goals and completing the
targets by 2030.
SDG 5: Achieve gender 1 End all forms of discrimination
against all women and girls
equality and empower all everywhere.
women and girls. Goal 5 Eliminate all forms of violence
has the following targets: against all women and girls in
2 public and private spheres,
including trafficking and sexual
and other types of exploitation.

Eliminate all harmful practices,

3 such as child, early, and forced
marriage and female genital
mutilation.
 Recognize and value unpaid care and
domestic work through the provision of public
4 services, infrastructure and social protection
policies and the promotion of shared
SDG 5 responsibility within the household and the
Goal 5 targets family as nationally appropriate.

Ensure women’s full and effective participation

and equal opportunities for leadership at all
5 levels of decision-making in political,
economic, and public life.
Ensure universal access to sexual and
reproductive health and reproductive rights as
agreed in accordance with the Programme of
6
Action of the International Conference on
Population and Development and the Beijing
Platform for Action and outcome documents of
their review conferences.
 Undertake reforms to give women equal
rights to economic resources, as well as
access to ownership and control over land
SDG 5 7 and other forms of property, financial
Goal 5 targets services, inheritance, and natural
resources, in accordance with national
laws.

Enhance the use of enabling technology,

8 particularly information and
communications technology, to promote
the empowerment of women.

Adopt and strengthen sound policies and

9 enforceable legislation for the promotion
of gender equality and the empowerment
of all women and girls at all levels.
Sustainable Development Goals: SDG 5 TARGETS continued

Gender-specific targets of the SDGs include:

• the end of all forms of discrimination against all women and girls
everywhere

Numerous forms of discrimination

against women still occur today.

Limited participation of
Violence against women
women in the political
and girls.
field.
Cultural practices that
harm women. Inadequate access to
sexual and reproductive
Lack of valuation of health rights for women.
women’s work.
Timeline of Notable Policies and Laws for Women

• 1975 – 1985 – The United Nations Decade of Women.

 This period gave attention to women’s issues in the global
perspectives. While the initial focus of this decade was on domestic
violence, other various forms of violence against women were later
added such as domestic violence, trafficking and sexual exploitation,
women in detention and in armed conflict.

• 1979 - The CEDAW was adopted

• 1985 - General Assembly Resolution on Domestic Violence
was adopted.
Timeline of Notable Policies and Laws for Women

• 1989 – The Convention on the Rights of the Child (CRC) was

adopted.
CRC is concerned with the protection of the dignity of children. It
contains specific notes against abuse and violence, including
domestic abuse and child trafficking.
• 1994 – The International Conference on Population and
Development was initiated.
 Upon recognition of the relationships between violence against women and
reproductive health and rights, from health consequences of domestic
violence and harmful practices such as female genital mutilation, to women’s
increased risk of HIV and AIDS as a result of violence. Its Program of Action
called upon governments to take legal and policy measures against violence
on women and girls.
• 1995 – The Beijing Platform for Action (BPfA) identified specific
areas of action for governments to take in prevention and
response to violence against women and girls.
Timeline of Notable Policies and Laws for Women

• 1999 – November 25th was designated United Nations

International Day for the Elimination of Violence against
Women
 Which also marked the United Nations formally joining the “16 Days of
Activism against Gender Violence” proclaimed and commemorated by the
international women’s movement since 1991.
• 2008 – The United National Secretary General launched an
unprecedented global campaign “UNITE to End
Violence Against Women” calling entire UN system to:
1. Adopt and enforce national laws that address and punish all forms of violence
against women and girls
2. Adopt and implement multi-sectoral national action plans
3. Strengthen data collection on the prevalence of violence against women and girls
4. Increase public awareness and social mobilization; and
5. Address sexual violence in conflict by 2015
Timeline of Notable Policies and Laws for Women

• 2013 – Member states adopted the agreed conclusion during

the 57th Commission on the Status of Women on the
prevention and elimination of all forms of violence
against women.
 LAWS AND POLICIES FOR
WOMEN IN THE PHILIPPINES

P
 POST- MARTIAL LAW ERA

1987 Constitution declared equality of women and men

before the law.
Laws and Policies for Women in the Philippines

Republic Act 7192

“Women in Development and Nation Building Act”
(stems from this portion of the Constitution)

The Act tasked the National Commission on the Role of Filipino

Women (NCRFW) now the

Philippine Commission on Women (PCW) to provide assistance in

ensuring the formulation and nationwide implementation of gender-
responsive government policies, programs, and projects.
Laws and Policies for Women in the Philippines continued

Philippine Commission on Women (PCW)

• The primary policy-making and coordinating body on women and gender

equality concerns.
• PCW acts as a catalyst for gender mainstreaming, authority on women’s
concerns, and lead advocate of women’s empowerment, gender equity,
and gender equality in the country.

NB: PCW is an advisory body to the President and Cabinet members on

issues concerning gender and development. It is the monitoring body
for the implementation of the gender mainstreaming in the country.
 Executive No. 348
P

Created the Philippine Development Plan for Women (PDPW) for

the period 1989-1992. It was the first development plan to
integrate women's interests. It listed the Philippine objectives for
gender mainstreaming and projects until 1992.
Philippine Plan for Gender-Responsive Development (PPGD)

• The PPGD was drafted to supplement the PDPW. This 30

year perspective plan from 1995 to 2025 covers the
following domain; the individual, the family, socio-cultural,
economic, political and legal issues.
• The PPGD was adopted as the country's implementing
vehicle for the Beijing Platform for Action.
• The additional thrusts on consciousness-raising, advocacy,
and affirmative action are included in the plan.
 Gender and Development (GAD)

All government departments, bureaus, offices,

agencies, as well as affiliates or government
controlled corporations are required to formulate
and realize a Gender and Development (GAD)
plan of action that would incorporate gender
perspectives in their institutional frameworks. GAD
planning includes allocation of at least five percent
of an agency's total budget to GAD-related
programs, policies and projects such as gender
mainstreaming.
The Philippine government produced two
recent publications on gender
mainstreaming.
• Harmonized Gender and Development
Guidelines (HGDG)
• Women’s Empowerment, Development and
Gender Equality (EDGE)
Harmonized Gender and Development
Guidelines (HGDG)

• The guidelines are concrete response to Magna

Carta of Women, which also calls for gender
mainstreaming in all government programs and
policies.
• The document outlines sector-specific
implementations of the GAD perspective in
gender-responsive planning.
 Women’s Empowerment, Development
and Gender Equality (EDGE)
• It aims to address women’s issues through
women’s economic inclusion and the creation of
concrete mechanisms for the gender-responsive
provisions of the previous Philippine Development
Plan (PDP).
• The Women’s EDGE Plan promotes the integration
of a gender lens into all aspects of planning, with an
emphasis on the efficient use of the annual GAD
plan and budget by government agencies and local
government units.
 TRES The government has enacted numerous laws to protect
MARIAS Philippine Women from gender-specific forms of
discrimination and violence.
BILLS
Meanwhile, policymakers continue to file women specific bills
as exemplified in
the following press release by a woman senator.

Anti-Rape Act Anti-Sexual Harassment Gender-based Electronic

(Senate Bill No. Bill (Senate Bill No. 1250) Violence (Senate Bill No.
1252) 1251)
105-Day Expanded Maternity Leave Law
• RA 11210 or the Expanded Maternity Leave Law extends the previous 60-
day (78 days for caesarian section delivery for women workers in the
private school) paid maternity leave to 105 days.

Magna Carta of Women

• RA 9710 is a comprehensive women’s rights law that seeks to eliminate
discrimination through the recognition, protection, fulfillment, and
promotion of the rights of Filipino women, especially those belonging in the
marginalized sectors of the society.

Anti-Violence Against Women and Their Children Act of 2004 (RA 9262)
• An Act Defining Violence Against Women and Their Children, Providing
Protective Measures for Victims, Prescribing Penalties Therefor and for
Other Purposes.
The Anti-Rape Law of 1997 (RA 8353)
• states that any person having carnal knowledge of a woman through force,
threat, or intimidation or by means of fraudulent machination or grave
abuse of authority will be punished.
Rape Victim Assistance and Protection Act of 1998 (RA 85050)
• declares the policy of the State to provide necessary assistance and
protection for rape victims.
Anti-Sexual Harassment Act of 1995 (RA 7877)
• addresses the issue of sexual harassment committed in employment,
education or training environment. It was signed into law on February 14,
1995, under former President Fidel Ramos' administration.
Prohibition on Discrimination Against Women
• RA 6725 prohibits discrimination with respect to terms and conditions of
employment solely on the basis of sex.
Prohibition on Discrimination Against Women
• RA 6725 prohibits discrimination with respect to terms and conditions of
employment solely on the basis of sex.

Anti-Violence Against Women and Their Children Act of 2004

• RA 9262, or An Act of Defining Violence Against Women and Their
Children, Providing Protective Measures for Victims, Prescribing Penalties
Therefor and for Other Purposes, recognizes the need to protect the family
and its members particularly women and children, from violence and
threats to their personal safety and security.