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