Rights and Empowerment
The law specifically mandates that health and
non-health facilities, establishments and institutions
establish lactation stations, or private, clean, sanitary,
and well-ventilated rooms or areas in the workplace
or public places where nursing mothers can wash
up, breastfeed or express their milk comfortably and
store this afterward.122 Lactation stations should be
provided with the necessary equipment and facilities
and must not be located in the toilet.
Failure of private entities to establish lactation
stations merits a fine ranging from Fifty Thousand
Pesos (Php50,000.00) up to One Million Pesos
(Php1,000,000.00) and a possible revocation of their
business permits or licenses to operate. Similar
violations in the public sector expose heads of agencies
to risk of facing administrative sanctions.
Equal Rights in All Matters Relating to Marriage
and Family Relations (sec. 19)
The MCW mandates the State to take all
appropriate measures to eliminate discrimination
against women in all matters relating to marriage and
family relations.123 While the MCW provides that
customary laws shall be respected, the same should
not however, discriminate women.124
Republic Act No. 10572 which amended Sections
73 and 111 of the Family Code, makes it clear that a
married woman can dispose of her exclusive property
unconditionally. It also affirms the right of the wife
to exercise any legitimate profession, occupation or
business without the need for her husband’s consent.
The husband may object to his wife’s profession, but
his objections must be anchored on valid, serious and
moral grounds.
In case the husband objects after benefits have
already accrued to the family, the resulting obligation
will still be charged to the community property.
Conversely, if the objection is raised before the accrual
of benefits, the resulting obligations will be charged to
the separate property of the wife.
87
Rights and Empowerment of Women in the Marginalized
Sector
1. In relation to food security and productive
resources (Sec. 20)125
(a) On the Right to food
The MCW mandates the State to guarantee (1)
availability of food in quality and quantity sufficient
to satisfy the dietary needs of individuals, (2) physical
and economic accessibility of food that is culturally
acceptable, safe and free from unsafe substances;(3)
availability of full, accurate and truthful information
about safe and health-giving foods, how to produce
and have regular access to them.126
In relation to food safe and free from unsafe
substances, R. A. 9711 (2009) on the Strengthening of
the Food and Drug Administration (FDA) empowers
FDA to conduct appropriate tests on all applicable
health products to ensure safety, efficacy, purity and
equality. Under the same law, the FDA can, upon
verified complaint or motu propio issue cease and
desist orders as against manufacturers or distributors,
order the ban, recall, withdrawal and or destruction
as of any health product found to have caused death
serious illness or serious injury to a consumer or
patient, or is found to be imminently injurious,
unsafe, dangerous, or grossly deceptive.127
(b) On the Resources for Food Production;
The relevant provision of the MCW calls upon
the State to guarantee women’s vital role in food
production which may be achieved through the
recognition and prioritization of women’s right to
land, credit and infrastructure support, technical
training and technological and marketing assistance.
This section provides, among others to (1) right
to titling of land and the issuance of stewardship
contracts and patents, (2) recognition of women as
agrarian reform beneficiaries defined by women’s
relationship to tillage, (3) recognition of women’s
customary rights to land, (4) right to information
122 Sec. 3(p), id..
125 Sec. 20, id.
123Sec. 19, first paragraph, Magna Carta of Women.
126Sec. 20(a), id.
124 Sec. 19, second paragraph, id.
127 Sec. 2, RA 9711.
CHR Gender Ombud Guidelines