Rights and Empowerment
79
ANNEX 2:
Rights and Empowerment
U
nder the Magna Carta of Women
(MCW), the rights in the Constitution
and those rights recognized under
international instruments duly signed and ratified by
the Philippines in consonance with Philippine law, are
rights of women under the act to be enjoyed without
discrimination (sec. 8)
As a document constituting fundamental
guarantee of rights and privileges of women, the
Magna Carta provides an entire chapter on rights and
empowerment of women with a specific section for
the rights and empowerment of marginalized women.
It is the first national law to define the human rights of
women and the various acts of discrimination against
them as enshrined under CEDAW84. The rights and
empowerment of women as enumerated in the Magna
Carta and in relation to existing laws are as follows:
Protection from Violence (sec. 9)
The State shall ensure that women shall be
protected from all forms of violence as provided for in
existing laws and that agencies of the government shall
give priority to the defense and protection of women
against gender-based offenses, helping women attain
justice and healing85. To ensure these, the State shall
adopt the following measures: (a) incremental increase
in the recruitment and training of women in the police
force, forensics and medico-legal, legal services, and
social work services availed of by women who are
victims of gender-related offenses; (b) Mandatory
training on human rights and gender sensitivity for
all government personnel involved in the protection
and defense of women against gender-based violence;
(c) the establishment by all local government units a
84 Sen. Pia Cayetano, http://www.senate.gov.ph/press_
release/2009/0815_cayetano1.asp
85
Violence Against Women’s Desk in every barangay
to ensure that violence against women cases are fully
addressed in a gender-responsive manner.
Women’s protection from violence is also
penalized under previously enacted laws which
include: The Special Protection of Children Against
Child Abuse, Exploitation and Discrimination Act
(RA 7610), the Anti-Sexual Harassment Act of 1995
(RA7877), the Anti-Rape Law of 1997 (RA), the Rape
Victim Assistance and Protection Act of 1998 (RA
8505), the Anti-Violence Against Women and Their
Children Act of 2004 (RA 9262), the Anti-Photo and
Video Voyeurism Act of 2009 (RA 9995), the Migrant
Workers Act of 1995 (RA 8045 as amended by RA
10022 in 2010), and the Expanded Anti-Trafficking in
Persons Act of 2012 (RA 10364).
In relation to women’s protection from violence,
Title VII of the Philippine National Police Reform and
Reorganization Act (RA 8551) sets the framework for
PNP assistance to women victims of violence. Section
57 of the law mandates the creation of and provides
for the function of PNP women’s desks as follows:
“The PNP shall establish women’s desks in all
police stations throughout the country to administer
and attend to cases involving crimes against chastity
sexual harassment, abuses committed against
women and children and other similar offenses:
Provided, That municipalities and cities presently
without policewomen will have two (2) years upon the
effectivity of this Act within which to comply with the
requirement of this provision.”
Section 58 of the law requires the prioritization of
women for recruitment and training who shall serve
in the women’s desk. It reserves ten percent (10 %) of
Sec. 9, Magna Carta of Women
CHR Gender Ombud Guidelines