SOCIAL LEGISLATION ON WOMEN

Maricar Corina Canaya

Constitutional Provisions

• Article II, Section 14:• The State recognizes the role of women in

nation-building, and shall ensure the fundamental equality before the law of women and men.

International Laws and Treaties

Convention on the Elimination of all Forms of Discrimination

Against Women (CEDAW)

DISCRIMINATION"...any distinction, exclusion or restriction made

on the basis of sex which has the effect or purpose of impairing or nullifying the

recognition, enjoyment or exercise by women, irrespective of their marital status, on a basis of

equality of men and women, of human rights and fundamental freedoms in the political, economic, social, cultural, civil or any other

field."

By accepting the Convention, States commit to:

• to incorporate the principle of equality of men and women in their legal system

• to establish tribunals and other public institutions to ensure the effective protection of women

• to ensure elimination of all acts of discrimination against women

Millennium Development Goals

• The third MDG focuses on promoting gender equality and women empowerment which include

• (1) ratios of girls to boys in primary, secondary and tertiary education,

• (2) share of women in wage employment in the non-agricultural sector, and

• 3) proportion of seats held by women in national parliament.

Local Laws

• RA 6949 (April 10, 1990)An Act to Declare March Eight of Every Year as a Working Special Holiday to be Known as National Women's Day

• RA 6955 (June 13, 1990)An Act to Declare Unlawful the Practice of Matching for Marriage to Foreign Nationals on a Mail-Order Basis and For Other Similar Practices

• RA 7192 (December 11, 1991)An Act Promoting the Integration of Women as Full and Equal Partners of Men in Development and Nation Building and for Other Purposes

• RA 7309 (March 30, 1992)An Act Creating a Board of Claims Under the Department of Justice for Victims of Unjust Imprisonment or Detention and Victims of Violent Crimes and for Other Purposes

• RA 6972 (November 23, 1990)An Act Establishing a Day Care Center in Every Barangay Instituting Therein a Total Development and Protection of Children Program

• RA 7610 (June 17, 1992)An Act Providing for Stronger Deterrence and Special Protection Against Child Abuse, Exploitation and Discrimination, Providing Penalties for its Violation, and for Other Purposes

• RA 9208 (May 26, 2003) An Act to Institute Policies to Eliminate Trafficking in Persons Especially Women and Children, Establishing the Necessary Institutional Mechanisms for the Protection and Support of Trafficked Persons, Providing Penalties for its Violations, and for Other Purposes

• RA 9262 (March 8, 2004) An Act Defining Violence Against Women and Their Children, Providing Protective Measures for Victims, Prescribing Penalties Therefor and for Other Purposes

Magna Carta for Women

(RA 9710)

• It shall promote empowerment of women andpursue equal opportunities for women and men and ensure equal access toresources and to development results and outcome.

PURPOSE

• Abolish unequal structures that perpetrate discrimination

• Revise gender stereotypes in educ. Materials• Increase the no of women in discussions

PURPOSE

• Eliminate the discrimination of women in the military, police, and other similar services• Promote the rights of Moro and

indigenous women to practice, promote and preserve their own culture, traditions and institutions

• Give special consideration for special needs of women in conflict-affected communities• Adopt measures to:–Protect girl-children from all forms of abuse–Eliminate all forms of discrimination of girl

—children in education–Ensure equal access in the Madaris

Equal rights in all matters relating to Marriage

• Right to enter into and leave marriage• Right to freely choose a spouse• Right to enjoy the same personal right as

their spouses or their common law spouses

• Right to freely choose a profession or occupation

Right to be Protected From All Forms of Violence

• 50% of the personnel in the police force, legal services, forensics and protection of women against gender-based offense

Right to Participation and Equitable Representation in all Spheres of Society

• Ensure that 50% of 3rd level positions in the gov’t are held by women

• Ensure that 40% of membership in all provincial, city, municipal and brgy development are composed of women

• Encourage women leadership in private sector

Right to Special Leave Benefits

• Women employees who have undergone surgery caused by gynaecological disorders are entitled to special leave benefit to two (2) month.

Anti-Violence Against Women and their Children Act of 2004

RA 9262

Violence against women and children

• Refers to physical, sexual, psychological, or economic abuse by a person:– A. against a woman:• Who is his wife or former wife; or• With whom he has or had a sexual or dating

relationship; or• With whom he has a common child

• Violence against women and their children is not confined to physical violence

• Victim may not necessarily be the wife or former wife – she could be any woman who:–Had sexual relationship with the offender–Had dating relationship with the offender

Physical violence

• It is the infliction of bodily harm• In the form of battery, assault,

coercion, harassment, or arbitrary deprivation of liberty• This results to physical and

psychological or emotional distress

Sexual Violence

• It may be in the form of the following:– Rape, sexual harassment– Treating a woman/child as sex objects– Making demeaning and sexually suggestive

remarks– Physically attacking the sexual parts of the body– Forcing woman/child to watch obscene

publications

– Forcing the wife and mistress/lover to live in the conjugal home or sleep together in the same room with the abuser

– Acts causing or attempting to cause victim to engage in sexual activity by force

Economic Abuse

• Refers to:• Withdrawal of financial support• Preventing the woman from engaging in any

legitimate profession, occupation, business or activity, except in cases wherein the other spouse objects on valid, serious and moral grounds

• Deprivation or threat of deprivation of financial resources

• Destroying household property• Controlling the victim’s own money

Protection Order

• Victims of violence against women and their children can apply for protection order to prevent further acts by asking for protection order, such as:– Barangay Protection Order– Temporary Protection Order– Permanent Protection Order

Barangay Protection Orders (BPOs);

• refer to the protection order issued by the Punong Barangay ordering the perpetrator to desist from committing acts

• A Punong Barangay who receives applications for a BPO shall issue the protection order to the applicant on the date of filing after ex parte determination of the basis of the application.

• If the Punong Barangay is unavailable to act on the application for a BPO, the application shall be acted upon by any available Barangay Kagawad.

• If the BPO is issued by a Barangay Kagawad the order must be accompanied by an attestation by the Barangay Kagawad that the Punong Barangay was unavailable at the time for the issuance of the BPO.

• BPOs shall be effective for fifteen (15) days. Immediately after the issuance of an ex parte BPO

Temporary Protection Orders

• refers to the protection order issued by the court on the date of filing of the application after ex parte determination that such order should be issued.

• A court may grant in a TPO any, some or all of the reliefs mentioned in this Act and shall be effective for thirty (30) days.

• The court shall schedule a hearing on the issuance of a PPO prior to or on the date of the expiration of the TPO.

• The court shall order the immediate personal service of the TPO on the respondent by the court sheriff who may obtain the assistance of law enforcement agents for the service.

• The TPO shall include notice of the date of the hearing on the merits of the issuance of a PPO.

• The court shall schedule a hearing on the issuance of a PPO prior to or on the date of the expiration of the TPO. The court shall order the immediate personal service of the TPO on the respondent by the court sheriff who may obtain the assistance of law enforcement agents for the service. The TPO shall include notice of the date of the hearing on the merits of the issuance of a PPO.

Permanent Protection Orders

• refers to protection order issued by the court after notice and hearing.

• Respondents non-appearance despite proper notice, or his lack of a lawyer, or the non-availability of his lawyer shall not be a ground for rescheduling or postponing the hearing on the merits of the issuance of a PPO.

• The court shall, to the extent possible, conduct the hearing on the merits of the issuance of a PPO in one (1) day.

• Where the court is unable to conduct the hearing within one (1) day and the TPO issued is due to expire, the court shall continuously extend or renew the TPO for a period of thirty (30) days at each particular time until final judgment is issued.

If there is a battle for custody of children…

• The woman victim is entitled to the custody and support of children• Children below seven (7) y/o with

mental or physical disabilities shall automatically be given to the mother with the right of support, unless proven otherwise

Leave for victims of VAWC

• They are entitled to 10 days of leave of absence with pay under the Labor Code and Civil Service Rules and Regulations