16 Definitions and Dimensions of Discrimination CHAPTER IV: Definitions and Dimensions of Discrimination T he Magna Carta of Women provides that women are entitled to rights provided in the Constitution and rights recognized under international instruments signed and ratified by the Philippines34. It likewise provides that the State shall ensure that all women shall be protected from all forms of violence as provided for in existing laws.35 a discriminatory effect in practice on women, because pre-existing inequalities are not addressed by the apparently neutral measure. Moreover, indirect discrimination can exacerbate existing inequalities owing to a failure to recognize structural and historical patterns of discrimination and unequal power relationships between women and men.”36 Discrimination as a Human Rights Violation c) Intersectionality as elaborated by General Recommendation 28 is crucial to the understanding of discrimination against women and of the State’s obligation to eliminate the same. It is the recognition that discrimination of women based on gender and sex is “ inextricably linked with other factors that affect women such as race, ethnicity, religion, or belief, health, status, age, class, caste and sexual orientation and gender identity. Discrimination on the basis of sex or gender may affect women belonging to such groups to a different degree or in different ways than men. State parties must legally recognize and prohibit such intersecting forms of discrimination and their compounded negative impact on the women concerned. I. Discrimination under CEDAW 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 of 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.” CEDAW prohibits these forms of discrimination: a) Direct discrimination. This refers to an action or omission that has the “purpose” of discriminating against women. General Recommendation 28 explains that “direct discrimination against women constitutes different treatment explicitly based on grounds of sex and gender differences” b) Indirect discrimination. This refers to an action or omission that has the “effect” of discriminating against women, even if there was no intention of doing so. There is indirect discrimination against women “when a law, policy, programme or practice appears to be neutral as it relates to men and women, but has 34 Sec 8, Chapter IV 35 Sec 9, MCW II. Discrimination Principles under the Yogyakarta The Yogyakarta Principles are principles developed and unanimously adopted by a distinguished group of human rights experts in 2005. The principles provide for the application of international human rights law in relation to sexual orientation and gender identity. The principles affirm binding international legal standards to which all States must comply. They promise a different future where all people 36 General Recommendation 28, paragraph 16. CHR Gender Ombud Guidelines