CEDAW and the Magna Carta of Women it shall, among others, (a) refrain from discriminating against women and violating their rights; (b) protect women against discrimination and from violation of their rights by private corporations, entities, and individuals; and (c) promote and fulfil the rights of women in all spheres, including their rights to substantive equality and non-discrimination. The State shall fulfil these duties through law, policy, regulatory instruments, administrative guidelines, and other appropriate measures, including temporary special measures (sec. 5) Under the Magna Carta of Women, the Rights and Empowerment of Women are set forth under Chapter IV. The chapter covers protection from violence (sec. 9), rights of women affected by disasters, calamities and other crisis situations (sec. 10), right to participation and representation (sec. 11), equal treatment before the law (sec. 12), equal access and elimination of discrimination in education, scholarships, and training (sec. 13), women in sports (sec. 14), women in the military (sec. 15) , portrayal of women in media and film (sec. 16), women’s right to health (sec. 17), special leave benefits for women (sec. 18), equal rights in all matters relating to marriage and family relations (sec. 19). Rights and Empowerment of Women in the Marginalized Sector The rights and empowerment of women in the marginalized sectors are provided under Chapter V of the MCW. These women empowerment (WE) provisions cover food security and productive resources (food, food production) (sec. 20), right to housing (sec. 21), Right to livelihood, credit, capital and technology (sec. 23), right to education and training (sec. 24), right to representation and participation (sec. 25), right to information (sec. 26), social protection (sec. 27), recognition and preservation of cultural identity and integrity (sec. 28), peace and development (sec. 29), rights of women in especially difficult circumstances (sec. 30-31), protection for girl-children (sec. 32), protection of senior citizens (sec. 33). Article 34 of the MCW provides that “women 13 are entitled to the recognition and protection of their rights defined and guaranteed under this Act including their right to non-discrimination.” The MCW further prohibits discrimination of women providing that “Public and Private entities and individuals found to have committed discrimination against women shall be subject to the sanctions provided in Section 41 hereof. Violations of other rights of women shall be subject to sanctions under pertinent laws and regulations.” (sec. 25) Section 41 provides that “Upon finding of the CHR that a department, agency, or instrumentality of government, government-owned and controlled corporation, or local government unit has violated any provision of this Act and its implementing rules and regulations, the sanctions under Administrative law, civil service, or other appropriate laws shall be recommended to the Civil Service Commission and/or the Department of the Interior and Local Government. The person directly responsible for the violation as well as the head of agency or local chief executive shall be held liable under this Act. Institutional Mechanisms Chapter VI of the MCW provides for Institutional Mechanisms for its implementation. It requires all departments, including their attached agencies, offices, bureaus, state universities and colleges, governmentowned and controlled corporations, local government units, and other government instrumentalities to adopt gender mainstreaming as a strategy to promote women’s human rights and eliminate gender discrimination in their systems, structures, policies, programs, processes, and procedures (sec. 36). Gender mainstreaming as a strategy requires that women’s as well as men’s concerns and experiences be integral dimensions of the design, implementation, monitoring, and evaluation of policies and programs in all political, economic, and societal spheres so that women and men benefit equally and inequality is not perpetuated. It entails the process of assessing the implications for women and men of any planned action, including legislation, policies, or programs in all areas and at all levels. CHR Gender Ombud Guidelines

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