Rights and Empowerment
undertake temporary special measures to accelerate
the participation and equitable representation
of women in all spheres of society. Towards this
end the State is required to institute affirmative
action mechanisms towards women’s meaningful
participation. This includes: (a) empowerment in the
civil service; (b) ensuring participation of women
in development councils; (c) in policy and decision
making bodies; (d) international bodies; (e) political
parties; and (e) private sector.
In Chapter V on Women in the Marginalized
Sector, section 25 mandates that the State shall ensure
the participation of grassroots women leaders in
decision making bodies in their respective sectors
including but not limited to the Presidential Agrarian
Reform Council (PARC) and its local counterparts;
community based resource management bodies or
mechanisms on forest management and stewardship;
the National Fisheries and Aquatic Resources
Management Council (NFARMC) and its local
counterparts; the National Commission on Indigenous
People; the Presidential Commission for the Urban
Poor; the National Anti-Poverty Commission; and,
where applicable, the local housing boards. A further
discussion is covered under the right to participation
and representation of marginalized women.
Right to equal Access and Elimination of
Discrimination in Education, Scholarships, and
Training (sec. 13)
The State shall ensure that gender stereotypes and
images in existing educational materials and curricula
are adequately and appropriately revised. Gendersensitive language shall be used at all times. Capacity
building on gender and development (GAD), peace
and human rights education for teachers, and all
those involved in the education sector shall be
pursued toward this end. Partnerships between and
among players of the education sector, including the
private sector, churches, and faith groups shall be
encouraged.99
This section specifically prohibits the “expulsion
and non-readmission of women faculty due to
pregnancy outside of marriage”100 and provides that
“no school shall turn out or refuse admission to a
female student solely on account of her being pregnant
outside of marriage during her term in school.”101
In relation to this provision, the IRR of the law
mandates the DepEd, CHED and TESDA to monitor
and ensure compliance of educational institutions to
the following:
(1) that women faculty who become pregnant
outside of marriage shall not be discriminated by
reason thereof. They shall not be dismissed, separated
from work, forced to go on leave, re-assigned or
transferred. They shall have access to work already
held with no diminution in rank, pay or status and
shall be entitled to all benefits accorded by law and by
the concerned learning institutions;
(2) No female student shall be expelled, dismissed,
suspended, refused or denied of admission, or forced
to take a leave of absence in any educational institution
solely on grounds of pregnancy outside marriage
during her school term. When needed, students who
are pregnant shall be accorded with a special leave
of absence from school upon advice of the attending
physician, and be given an opportunity to make up
for missed classes and examinations. The same leave
benefits shall likewise be accorded to pregnant faculty
members, and school personnel and staff;
(3) Pregnant students shall be assisted through
available support services while in school, such as but
not limited to counselling to ensure completion of
their studies;
(4) Programs and policies to prevent VAW shall
be developed, including institutional mechanisms for
complaints in cases of rape, sexual harassment, and
other forms of violence and discrimination against
women, and provide assistance to students, faculty, or
personnel who have been victims of VAW; and
(5) Coordination with PNP, DOJ, CHR, DSWD,
and the LGU so that appropriate assistance are given
to female faculty and students who are victims of rape,
100 Sec. 13(c), id.
99 Sec. 13(a), Magna Carta of Women.
83
101 Sec. 16, IRR of the Magna Carta of Women.
CHR Gender Ombud Guidelines