R.A.

97 10
I. WHAT IS THE
MAGNA CARTA
OF WOMEN?
What is the Magna Carta of Women?
• a comprehensive
women’s human rights
law (2009)
• eliminates discrimination
against women
• by recognizing,
protecting, fulfilling and
promoting the rights of
Filipino women
• especially those in the
marginalized sectors
What is the Magna Carta of Women?

MCW is the national

policy translation of
the UN CEDAW
-provided a definition of
discrimination in line with
Article 1 of the Convention
What is the Magna Carta of Women?

CHAPTER
CHAPTERI:I:GENERAL
GENERALPROVISIONS
PROVISIONS

CHAPTER
CHAPTERII:
II:DEFINITION
DEFINITIONOF
OFTERMS
TERMS

CHAPTER
CHAPTERIII:
III:DUTIES
DUTIESAND
ANDRESPONSIBLITIES
RESPONSIBLITIESTO
TOTHE
THEHUMAN
HUMAN
RIGHTS
RIGHTSOF
OFWOMEN
WOMEN
CHAPTER
CHAPTERIV:
IV:RIGHTS
RIGHTSAND
ANDEMPOWERMENT
EMPOWERMENT

CHAPTER
CHAPTERV:V:RIGHTS
RIGHTSAND
ANDEMPOWERMENT
EMPOWERMENTOFOFMARGINALIZED
MARGINALIZED
SECTORS
SECTORS
CHAPTER
CHAPTERVI:
VI:INSTITUTIONAL
INSTITUTIONALMECHANISMS
MECHANISMS
 CHAPTER I: GENERAL PROVISIONS
Section 3. Principles of Human Rights of Women

No one should suffer discrimination on the basis of ethnicity,

gender, age, language, sexual orientation, race, color, religion,
political, or other opinion, national, social, or geographical
origin, disability, property, birth, or other status.
 II. DEFINITION
OF
DISCRIMINATION
What is Discrimination against
Women?
-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;
What is Discrimination against
Women?
-any act or omission, including by law, policy,

administrative measure, or practice, that directly or

indirectly excludes or restricts women in the

recognition and promotion of their rights and their

access to and enjoyment of opportunities, benefits, or

privileges; and
 What is Discrimination against
Women?
-a measure or practice of general application that fails to

provide for mechanisms to offset or address sex or gender-

based disadvantages or limitations of women, as a result of

which women are denied or restricted in the recognition and

protection of their rights and in their access to and

enjoyment of opportunities, benefits, or privileges; or

women, more than men are shown to have suffered the

CHR: Dignity of all
 III. WOMEN’S
HUMAN RIGHTS
GUARANTEED
UNDER MCW
 CHAPTER III: DUTIES AND
RESPONSIBLITIES TO THE
HUMAN RIGHTS OF WOMEN
• Provides that the State, private sector, society in general,
and all individuals shall contribute to the recognition,
respect and promotion of the rights of women defined and
guaranteed under the Act.
• The Chapter also includes the following sections:
• The State as the Primary Duty-Bearer
• Duties of the State Agencies and Instrumentalities
• Suppletory Effect of the Chapter to other Sections
of the law
 Women’s Rights guaranteed
under Magna Carta of Women
All rights in the Philippine Constitution and

those rights recognized under international

instruments duly signed and ratified by the

Philippines, in consonance with Philippine laws

shall be rights of women under the Magna

Carta of Women. These rights shall be enjoyed

without discrimination since the law prohibits

 CHAPTER IV: RIGHTS AND
EMPOWERMENT
SEC.
SEC.9.9. Protection
Protectionfrom
fromViolence.
Violence.

SEC.
SEC.10.
10.Women
WomenAffected
AffectedbybyDisasters,
Disasters,Calamities,
Calamities,and
andOther
Other
Crisis
CrisisSituations
Situations

SEC.
SEC.11.
11.Participation
Participationand
andRepresentation.
Representation.

SEC.
SEC.12.
12.Equal
EqualTreatment
TreatmentBefore
Beforethe
theLaw.
Law.
SEC.
SEC.13.
13.Equal
EqualAccess
Accessand
andElimination
Eliminationof
ofDiscrimination
Discriminationin
in
Education,
Education,Scholarships,
Scholarships,and
andTraining.
Training.
 CHAPTER IV: RIGHTS AND
EMPOWERMENT
SEC.
SEC.14.
14.Women
Womenin
inSports
Sports

SEC.
SEC.15.
15.Women
Womenin
inthe
theMilitary
Military
SEC.
SEC.16.
16.Nondiscriminatory
Nondiscriminatoryand
andNonderogatory
NonderogatoryPortrayal
Portrayalof
of
Women
Womenin inMedia
Mediaand
andFilm.
Film.
SEC.
SEC.17.
17.Women’s
Women’sRight
Rightto
toHealth.
Health.

SEC.
SEC.18.
18.Special
SpecialLeave
LeaveBenefits
Benefitsfor
forWomen.
Women.
SEC.
SEC.19.
19.Equal
EqualRights
Rightsin
inAll
AllMatters
MattersRelating
Relatingto
toMarriage
Marriageand
and
Family
FamilyRelations.
Relations.
SEC.
SEC. 9.
9. Protection
Protection from
from Violence
Violence

The State shall

ensure that all
women shall be
protected from
all forms of
violence
 SEC.
SEC. 9.
9. Protection
Protection from
from Violence
Violence
Incremental increase in the
recruitment and training of women
in fields that provide services for
women victims of gender-related
50 %
offenses (until 50% of the personnel
are women in the next 5 years)
• CSC – to conduct personnel audit and
recommend to DBM staffing measures
• NAPOLCOM, NBI, DOJ – to set policies,
rules and regulations for the incremental
increase on recruitment and training of
women
 SEC.
SEC. 9.
9. Protection
Protection from
from Violence
Violence
• Ensure participation of
women in planning and
Protection and security in situations of management of relief
operations
&
• In provision of relief
supplies, give due
consideration to specific
requirements of pregnant
women, lactating mothers,
• OPAPP, DND-AFP, DSWD, DepEd, DOH,
NCIP, NCMF, LGUs
sick people, senior citizens,
persons with disabilities, and
children
SEC.
SEC. 9.
9. Protection
Protection from
from Violence
Violence
JMC 2010-2 of DILG, DSWD, DepEd,
DOH, PCW:
Guidelines in the Establishment of a
Violence Against Women (VAW) Desk
in Every Barangay
(Signed December 9, 2010 )

 Setting up of VAW Desk

 Designation of VAW Desk Person
 Functions of Barangay VAW Desk
 Protocol in Handling VAW
Cases at the Barangay Level
 LGU’s GAD Budget
SEC.
SEC. 9.
9. Protection
Protection from
from Violence
Violence

JMC 2010-2 of DILG,

DSWD, DepEd, DOH,
PCW:
Guidelines in the
Establishment of a
Violence Against
Women (VAW) Desk
in Every Barangay
(Signed December 9, 2010 )
 SEC.
SEC. 9.
9. Protection
Protection from
from Violence
Violence

•Out of 34,416 barangays,

•97.62% have VAW desks

SOURCE: INVENTORY REPORT OF LGUs INSTUTIONALIZED GAD MECHANISMs IN THE

IMPLEMENTATION OF RA 9710 OR MAGNA CARTA OF WOMEN
 SEC.
SEC. 9.
9. Protection
Protection from
from Violence
Violence
•VAW Situationer in time of COVID-19
• Prolonged imposition of Community Quarantine (ECQ) may put
women and
• girls at a greater risk of experiencing violence at home.

● Economic instability: contribute to household tensions and trigger

abusive
• behavior
● Restricted movements, absence of public transportation: victim-
survivors
• are constrained from seeking help
● Limited access to necessary care and support services: clinical
management of rape and mental health issues, medico-legal services,
counselling
 SEC.
SEC. 9.
9. Protection
Protection from
from Violence
Violence
RA 11313 or Safe Spaces Act of 2019
SEC.
SEC. 10.
10. Women
WomenAffected
Affected by
by Disasters,
Disasters,
Calamities,
Calamities, and
and Other
Other Crisis
Crisis
Situations
Situations

Women have the right to

protection and security…
especially in all phases of
relief, recovery,
rehabilitation, and
construction efforts.
SEC.
SEC. 10.
10. Women
WomenAffected
Affected by
by Disasters,
Disasters,
Calamities,
Calamities, and
and Other
Other Crisis
Crisis
Situations
Situations
 Ensure the participation of women in gender-responsive
disaster management, including preparedness, mitigation, risk
reduction and adaptation (national, regional and local DCCs)

 LGUs and agencies concerned in DRR shall develop and

implement a gender-responsive work and financial plan

 Proactive adoption of measures by camp managers to prevent

sexual violence in evacuation centers and relocation sites
 Protection and security
“women-friendly spaces” & “hygiene kits”
by DSWD, UNFPA, LGUs since 2012

30
 Gender-responsive disaster and climate change
actions

Image Source: Rappler

SEC.
SEC. 11.
11. Participation
Participation and
and
Representation.
Representation.

The number of women in third

(3rd) level positions in
government be incrementally
increased to achieve a fifty-fifty
(50-50) gender balance;

Development Councils and Planning

Bodies - at least forty percent
(40%) of membership
SEC.
SEC. 11.
11. Participation
Participation and
and
Representation.
Representation.
 COMELEC to incorporate in its
guidelines for accreditation of
political parties specific
provisions that promote
integration of women of said
political parties

 Leadership in Private Sector

- Take measures to encourage
women leadership in the
private sector in the form of
incentives.
SEC.
SEC. 11.
11. Participation
Participation and
and
Representation.
Representation.
Cabinet
Secretaries
2 out of 22 (9%) cabinet
secretaries are women under the
Duterte Administration:
– Department of Education
– Department of Tourism
SEC.
SEC. 12.
12. Equal
Equal Treatment
Treatment Before
Before the
the
Law.
Law.
 requires review and, if necessary,
amendment or repeal of laws that are
discriminatory to women within three
(3) years from the effectivity of the
MCW
 Family Code provisions
 RPC provisions
 Anti-Rape
 Code of Muslim Personal Laws
of the Philippines (CMPL)
 LGUs with the participation of
women’s groups shall review
existing ordinances and policies and
repeal or amend them accordingly
SEC.
SEC.13.
13.Equal
EqualAccess
Accessand
andElimination
Eliminationof
of
Discrimination
Discriminationin
inEducation,
Education,
Scholarships,
Scholarships,and
andTraining.
Training.
 Use of gender-sensitive language
and revision of gender stereotypes
and images in educational materials
and curricula

 Encouraging enrollment of women

in non-traditional skills training in
vocational and tertiary levels

DepEd, TESDA, and CHED

SEC.
SEC.13.
13.Equal
EqualAccess
Accessand
andElimination
Eliminationof
of
Discrimination
Discriminationin
inEducation,
Education,
Scholarships,
Scholarships,and
andTraining.
Training.
Outlawing the expulsion and non-
readmission of women faculty due to
pregnancy outside of marriage.

Prohibiting schools from turning out

or refusing admission to a female
student solely on the account of her
having contracted pregnancy outside
of marriage during her term in school.
SEC.
SEC. 14.
14. Women
Women in
in Sports
Sports

Measures to ensure that

gender-based
discrimination in
competitive and non-
competitive sports is
removed so that women
and girls can benefit
from sports development
SEC.
SEC.15.
15.Women
Womenin
inthe
theMilitary
Military

Women are given the same promotional

privileges and opportunities as their men
counterpart (i.e. pay increases,
additional benefits, and awards)

Women are accorded with the same

capacity as men to act in and enter into
contracts, including marriage

Open all military and similar services,

occupations, registrations, special
enlistments, and trainings to women

DND, DILG, DOJ and LGUs

 SEC.
SEC.16.
16.Nondiscriminatory
Nondiscriminatoryand
andNonderogatory
Nonderogatory
Portrayal
Portrayalof
ofWomen
Womenin inMedia
Mediaand
andFilm.
Film.

 to raise the consciousness of the general public in recognizing

the dignity of women and the role and contribution of women
in family, community, and the society through the strategic
use of mass media
 OPS, NTC, MTRCB, OMB, NCCA, FDCP, and PCW to
ensure that media and film industries comply with the Act
 The Commission, likewise, demands accountability and explanation
from Bench, its owner and the producers and organizers of the “Naked
Truth” for the fashion show’s portrayal of women vis-a-vis the clear
provisions under the Magna Carta of Women on non-discriminatory
and non-derogatory portrayal of women in media and film. The
Commission condemns the manner by which the show, its producers
and its organizers were complicit to the degradation, commodification,
and appropriation of women and women's body in showcasing a
woman on a leash controlled by a man.
After accepting Coco
Martin’s apology, PCW
Executive Director
Emmeline Verzosa gave
the actor a copy of the
Magna Carta of
Women (MCW).

CHR: Dignity of all

Inclusive Media

44
Non-discriminatory and non-derogatory
portrayal of women in media and film
 SEC.
SEC. 17.
17. Women’s
Women’s Right
Right to
to Health.
Health.
Comprehensive health services and health information and
education
 Covers ALL stages of a
woman’s life cycle
 Addresses the major causes of
morbidity
- maternal care
- responsible, ethical, legal,
safe and effective methods of
family planning

DOH, PhilHealth, DOLE, DepEd, CHED and LGUs

 Republic Act 11210 or
105-Day Exanded Maternity Leave Law
Approved on February 20, 2019

• Grants women 105-day paid

maternity leave

• Solo mothers can avail an

additional 15 days

• Option to share 7 out of the

105 days to the father of
the child
 Republic Act 11223 or
Universal Health
Care Act
(Kalusugan Pangkalahatan)
Approved on February 20, 2019

Accessible, efficient, equitably

distributed, adequately funded, fairly
financed, and appropriately used by
an informed and empowered public
 Republic Act 11228
An Act Providing for the Mandatory
PhilHealth Coverage for all Persons
with Disability (PWDs), Amending
the Magna Carta for PWDs

Approved on February 22, 2019

“The PhilHealth shall develop

exclusive packages for PWDs that will
address their specific health and
development needs.”
SEC.
SEC. 18.
18. Special
Special Leave
Leave Benefits
Benefits for
for
Women
Women
Female employees in the public and
private sector who undergo surgery
caused by gynecological disorders
shall be entitled to:

 2 months special leave with full pay

based on gross monthly
compensation

 If extended leave is needed,

earned credits may be used.
 Non-cumulative and non-
convertible to cash
SEC.
SEC. 18.
18. Special
Special Leave
Leave Benefits
Benefits for
for
Women
Women

• CSC Resolution Number 1000432 : “Guidelines on the

Availment of the Special Leave Benefits for Women
under RA 9710”(Signed 22 November 2010)

• DOLE Department Order No. 112-11 : “Guidelines

Governing the Implementation of the Special Leave
Benefits for Women Employees in the Private Sector”
(Signed 11 March 2011)
SEC.
SEC. 19.
19. Equal
Equal Rights
Rightsin
in All
All Matters
Matters Relating
Relating to
to
Marriage
Marriage and
and Family
Family Relations.
Relations.
 enter into and leave marriages;
 freely choose a spouse and to enter into
marriage
only with their free and full consent;
 decide on the number and spacing of
their children;
 enjoy personal rights including
the choice of profession, own,
acquire, and administer their
property; and
 acquire, change or retain their
nationality
 It also states that the betrothal
and marriage of a child shall
have no legal effect.
SEC.
SEC.22.
22.Right
Rightto
to Decent
Decent Work.
Work.
 Ensure decent work standards for women
and support services and gears to protect
women from occupational and health
hazards taking into account their
maternal functions
 Support services that will enable work
and family life balance
 Initiate investment friendly
policies, systems, programs and
procedures to returning women
migrant workers to help them
establish local
Labor Advisory No. 10, s. 2018
Entitlement of Kasambahay to Other
Statutory Leave Benefits and Labor
Standard Benefits

Kasambahay shall be entitled to

the Special Leave Benefit (RA
9710), Solo Parent Leave (RA
8972), VAWC Leave (RA 9262)
aside from the existing Service
Incentive Leave granted under
the Labor Code
SEC.
SEC.24.
24.Right
Rightto
to Education
Educationand
and Training.
Training.
Access to skills trainings and retraining
of returning women
migrant workers (DOLE and attached
agencies)

Develop and implement gender sensitivity

training program

Equal opportunities in scholarships for

technical skills
training and development
 Sec.
Sec. 28.
28. Recognition
Recognition and
and Preservation
Preservation of
of
Cultural
Cultural Identity
Identityand
andIntegrity
Integrity
• indigenous women to
practice, promote, protect,
and preserve their own
culture, traditions, and
institutions
• to consider these rights
in the formulation and
implementation of
national policies and
programs
* NCCA, NCIP, RCBW-ARMM, CHED,
DepEd
CHAPTER VI: INSTITUTIONAL MECHANISMS
SEC. 36. Gender Mainstreaming as a Strategy for
Implementing the Magna Carta of
Women

- all government agencies, offices, bureaus,

instrumentalities, SUCs, GOCCs, and LGUs shall
pursue the ADOPTION OF GENDER
MAINSTREAMING AS A STRATEGY to promote and
fulfill women's human rights and eliminate gender
discrimination in their systems, structures,
policies, programs, processes, and procedures
Gender
Mainstreaming
 Gender Mainstreaming Entry
Points
Official statements in support for GM, e.g., E.O.s, memoranda, specific guidelines

Policy
Programs,
Projects &
Activities
(PPAs)
Flagship programs
People
Sponsor - with power to legitimize
change;
Change agent- actually making
the
Systems and mechanisms
change, e.g. Focal points;
Target-people in the bureaucracy,
Enabling installed, including the funds
allocated for GAD
field workers, clients;
Advocate- wants to achieve
Mechanisms
change
but lacks power to sanction it
RA 9710 or the Magna Carta of Women
Chapter VI: Institutional Mechanisms

Planning, budgeting, monitoring and evaluation

for GAD

All agencies, offices, bureaus, SUCs, GOCCs, LGUs, and other government
instrumentalities shall formulate their annual GAD Plans, Programs and
Budgets within the context of their mandates.

Creation and/or Strengthening of GAD Focal

Point System
Establish or strengthen their GFP System or a similar GAD mechanism
to catalyze and accelerate gender mainstreaming within the agency or
LGU.

Generation and Maintenance of GAD Database

Develop and maintain a GAD database containing GAD information to include
gender statistics and age- and sex-disaggregated data that have been
systematically produced/gathered, regularly updated to serve as inputs or
bases for planning, programing, and policy formulation
RA 9710 or the Magna Carta of Women
Chapter VI: Institutional Mechanisms

Enactment of GAD Code (for LGUs only)

All LGUs shall develop and pass a GAD Code to support their efforts in recognizing,
respecting, protecting, fulfilling and promoting women’s human rights towards the
attainment of women’s empowerment and gender equality in their locality, following the
guidelines issued by the PCW. The GAD Code shall also serve as basis for identifying
programs, activities, and projects on GAD.

GAD Ombud

The Commission on Human Rights acts as the GAD Ombud, which monitors the
compliance and investigates the violations of public and private institutions in line with the
implementation of MCW.

GAD Funds Audit

The Commission on Audit conducts an annual audit on the use of the GAD budget for
the purpose of determining its judicious use and the efficiency, and effectiveness of
interventions in addressing gender issues towards the realization of the objectives of the
country’s commitments, plans, and policies on women empowerment, gender equality, and
GAD.
V. GAD Funds Audit

 COA Circular No. 2014-001 dated March 3,

2014 or Revised Guidelines in the audit of
GAD Funds and Activities in Government
Agencies

 COA Memorandum No. 2018-009 dated

August 14, 2018 or Checklist of Common
Audit Observations
SEC.
SEC. 40.
40. The
The Gender
Gender Ombud
Ombud Mandate
Mandate
Consistent with its mandate, the CHR, as the Gender
and Development Ombud (Gender Ombud), shall:
•advocate for the promotion and protection of women’s
human rights, strengthen its Human Rights Education
program;
•investigate violations including those committed by
private institutions or by private individuals;
•monitor compliance; and
•recommend appropriate measures to the CSC or to the
concerned department of the government for its effective
implementation.
SEC.
SEC. 40.
40. The
The Gender
Gender Ombud
Ombud Mandate
Mandate
Gender Ombud Guidelines

Published in 2016:
• Clarifies CHR’s scope of jurisdiction as set
out under the MCW
• Identifies the types of
violations/complaints which may be
investigated, the investigation procedure to
be followed, the system of referral and
monitoring, the investigation protocols, the
issuance of policy advisories and the
promotion and monitoring activities to be
undertaken
SEC.
SEC. 40.
40. The
The Gender
Gender Ombud
Ombud Mandate
Mandate

CHR received 390

reports or incidents
of gender-related
complaints/cases filed
in 2018.
SEC.
SEC. 41.
41. Penalties
Penalties

• CHR as GAD Ombud - upon its findings on the

government’s violations in this Act and its IRR,the
sanctions shall be recommended to the Civil Service
Commission (CSC) and/or the Department of the
Interior and Local Government (DILG)

The person directly responsible for the violation as

well as the head of the agency or local chief
executive (LCE) shall be held liable under this Act.
SEC.
SEC. 43.
43. Funding
Funding

The State agencies’ GAD budgets, which shall

be at least five percent (5%) of their total
budgetary allocation, shall also be utilized for
the programs and activities to implement this
Act.
 Who
authored
the
MCW?

Source: Philstar
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/@chrcaraga13
Sources:
https://www.coa.gov.ph/gad/resources/downloads/RA_Circular/
RA_9710_with_IRR.pdf

https://www.facebook.com/PCWgovph/photos/?tab=album&ref
=

https://www.philstar.com/2009/08/15/495799/magna-carta-wo
men-signed

https://www.rappler.com/nation/209396-look-marikina-evacuati