12 CEDAW and the Magna Carta of Women 5); (b) take all appropriate measures to eliminate discrimination against women in the political and public life of the country (Part II); (c) take all appropriate measures to eliminate discrimination against women in order to ensure them equal rights with men in the field of education (Part III); (d) accord to women equality with men before the law (Part IV); State’s ‘due diligence’ under CEDAW The CEDAW Committee, through General Comment 28 elaborating on the State’s obligation under CEDAW, clarifies that under Article 2, State parties must address all aspects of their legal obligations under the Convention to respect, protect, and fulfil women’s rights to non-discrimination and to the enjoyment of equality. It emphasizes the State’s obligation to enact legislation that prohibits discrimination in all fields of women’s lives under the Convention, and throughout their lifespan. It also recognizes that certain groups of women, including women deprived of their liberty, refugees, asylumseeking and migrant women, stateless women, lesbian women, disabled women, women victims of trafficking, widows, and elderly women, are particularly vulnerable to discrimination through civil and penal laws, regulations and customary law and practices. In elaborating the obligations to respect, protect and fulfil, the Committee provides: The obligation to respect requires State parties to refrain from making laws, policies, regulations, programmes, administrative procedures and institutional structures that directly or indirectly result in the denial of the equal enjoyment by women of their civil, political, economic, social, and cultural rights.30 The obligation to protect requires that States parties protect women against discrimination by private actors and take steps directly aimed at 30 General Recommendation 28, paragraph 9. eliminating customary and all other practices that prejudice and perpetuate the notion of inferiority or superiority of either of the sexes, and of stereotyped roles for men and women.31 The obligation to fulfil requires that State parties ensure that women and men enjoy equal rights de jure and de facto, including, where appropriate, the adoption of temporary special measures in line with Article 4 (1) of the Convention and General Recommendation No. 25. This entails obligations of means or conduct and also obligations of results.32 General Recommendation 28 further clarifies that the obligation of the State under Article 2 of the Convention includes the exercise of due diligence in preventing discrimination by private actors. A private actor’s acts or omission of acts may be attributed to the State under international law. State parties are thus obliged to ensure that private actors do not engage in discrimination against women, as defined in the Convention. The appropriate measures State parties are obliged to take include the regulation of the activities of private actors in regard to education, employment and health policies and practices, work conditions and standards, and other areas where private actors provide services or facilities, such as banking and housing. Magna Carta of Women (RA 9710) The Magna Carta of Women (RA 9710) is the country’s gender equality law enacted in compliance with CEDAW. Passed in 2009, the MCW sets forth in its declaration of policy that “the State condemns discrimination against women in all its forms and pursues by all appropriate means and without delay the policy of eliminating discrimination against women in keeping with CEDAW and other international instruments consistent with Philippine law.” The MCW 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. The MCW explicitly provides that the State shall be the primary duty bearer, and as such 31 Id. 32 Id. CHR Gender Ombud Guidelines