ARELLANO SCHOOL OF LAW

HUMAN RIGHTS

Report on:

VULNERABLE GROUP: WOMEN

MEMBERS:

ABAJON, MICHAEL F.ALFAD, NEFERTITI O.ASERON, MELQUIADES M. IIIGARCIA, LOUIE A.GIRAY, LIZA S.LUMANLAN, ROLINDA G.NASIS, JOVELYN T.MARIAS, MARIA PACITA M.POLIDO, JEAN JOAN D. RAYNES, BLESSA MARUJA A.SALDO, MALOU N.SAN JOSE, CLARISE JOY D.J.SOLON, SHIELA

A. CONVENTION ON THE ELIMINATION OF ALL FORMS OF DISCRIMINATION AGAINST WOMEN (December 18, 1979)

TOPICIMPORTANT POINTS

CEDAW Adopted in 1979 by the UN General Assembly Often described as the International Bill of Rights for Women Consists of a preamble and 30 articles Defines what constitutes discrimination against women and sets up an agenda for national action to end such discrimination States that accepted the Convention commit to undertake a series of measures to end discrimination against women in all forms, including: To incorporate the principle of equality of men and women in their legal system, abolish all discriminatory laws and adopt appropriate ones prohibiting discrimination against women To establish tribunals and other public institutions to ensure the effective protection of women against discrimination; and To ensure elimination of all acts of discrimination against women by persons, organizations, or enterprises

As of February 2015, said convention has 188 State Parties, with 2 countries as signatories only while 7 countries with no action The Philippines is a signatory of the said convention, signed last 15 July 1980 and ratified on 5 August 1981.

Why CARE about CEDAW? CEDAW helps girls and women of every age to claim their rights Helps girls to claim their rights at all stages of their lives: from when they are born to when they are little girls, adolescents, grown-up women and through old age If a girl learns how to claim her rights while she is still a child, she is more likely to be able to enjoy her rights as a woman. CEDAW calls upon governments to take action to end discrimination of girls and women CEDAW demands that governments change laws and customs in their country so that girls and women are not discriminated against in any way. CEDAW protects girls and women from discrimination in areas such as education, health, work, marriage and family life. Being aware of girls and womens rights is the first step towards ending discrimination faced by girls and women When girls and boys take time to learn more about girls and womens rights and what governments should do to stop discrimination of girls and women, they are already helping. Girls and boys should know they have the same rights.

THE CONVENTION

ARTICLE 1 Definition of discrimination against girls and womenDiscrimination against girls and women means directly or indirectly treating girls and women differently from boys and men in a way which prevents them from enjoying their rights.

ARTICLE 2Policy measures Governments must not allow discrimination against girls and women. There must be laws and policies to protect them from any discrimination. All national laws and policies must be based on equality of girls and women and boys and men. There should be punishment for not following the law.

ARTICLE 3Guarantee of basic human rights and freedoms Governments must take actions in all fields political, social, economic, and cultural to ensure girls and women can enjoy basic human rights and freedoms.

ARTICLE 4Special measuresGovernments should take special measures or special actions to end discrimination against girls and women. The special actions that favour girls and women are not a way of discriminating against boys and men. They are meant to speed up equality between girls and women and boys and men. These specific measures should last until equality between girls and women and boys and men is achieved.

ARTICLE 5Roles based on stereotypesGovernments must work to change stereotypes about girls and women and boys and men, especially if these roles are based on boys and men being considered better than women and girls.

ARTICLE 6 Trafficking and prostitutionGovernments must take action, including making new laws, to end trafficking and prostitution of girls and women.

ARTICLE 7Political and public lifeWomen have the same right to vote and be elected to government positions. girls and women have the right to take part in the decisions a government makes and the way it carries them out. They have the right to participate in non-governmental organizations (NGOs).

ARTICLE 8Participation at the international levelGirls and women have the right to represent their country at the international level and to participate in the work of international organizations [such as the United Nations, the European Union, and the International Committee of the Red Cross, among many others].

ARTICLES 9-16Nationality, Education, Employment, Health, Economic and social life, Rural girls and women, Law, and Marriage and family life

Nationality. Girls and women have the right to have a nationality, and to change it if they want. A womans nationality must not be changed automatically just because she got married, or because her husband changed his nationality. Women can pass on their nationality to their children, the same as men.

Education. Governments must end discrimination against girls and women in education. Girls and women have a right to education, just as boys and men do. Girls and women should have access to career guidance and professional training at all levels; to studies and schools; to examinations, teaching staff, school buildings, and equipment; and opportunities to get scholarships and grants, the same as boys and men. Girls and women have the right to take part in sports and physical education, and to get specific information to ensure the health and well-being of families. Governments should make sure girls do not drop out of school. They should also help girls and women who have left school early to return and complete their education.

Employment. Women have a right to work just like men. They should be able to join a profession of their choice. Women must have the same chances to find work, get equal pay, promotions and training and have access to healthy and safe working conditions. Women should not be discriminated against because they are married, pregnant, just had a child or are looking after children. Women should get the same assistance from the government for retirement, unemployment, sickness and old age.

Health. Governments must make sure that girls and women are not discriminated against in health care. Girls and women must get health care on the same terms as boys and men. In particular, women have the right to services related to family planning and pregnancy.

Economic and social life. Girls and women have the same rights as boys and men in all areas of economic and social life, like getting family benefits, getting bank loans and taking part in sports and cultural life.

Rural girls and women. Governments must do something about the problems of girls and women who live in rural areas and help them look after and contribute to their families and communities. Girls and women in rural areas must be supported to take part in and benefit from rural development, health care, loans, education and proper living conditions, just like boys and men do. Rural girls and women have a right to set up their own groups and associations.

Law. Girls and women and boys and men are equal before the law, including laws about freedom to go where they choose, choosing where to live, signing contracts and buying and selling properties. Women have the same legal capacity as men.

Marriage and family life. Women have the same rights as men to choose whom they marry, the number of children they want to have and to care for them when they are born. Women also have the equal right to the property that they get with their husband while they are married. To end child marriage, governments must set a lowest age for marriage and make sure this is followed. All marriages must be registered (officially recorded with the government).

ARTICLES 17- 22Establishment of the function of the CEDAW Committee which monitors whether the governments that ratified the CEDAW are doing enough to end the discrimination against women.

ARTICLE 23-30Implementing the Convention as shared responsibility between the United Nations and the governments.

B. CONVENTION ON THE POLITICAL RIGHTS OF WOMEN (March 31, 1953)

THE CONVENTION

The Contracting Parties, Desiring to implement the principle of equality of rights for men and women contained in the Charter of the United Nations, Recognizing that everyone has the right to take part in the government of his country, directly or indirectly through freely chosen representatives, and has the right to equal access to public service in his country, and desiring to equalize the status of men and women in the enjoyment and exercise of political rights, in accordance with the provisions of the Charter of the United Nations and of the Universal Declaration of Human Rights, Having resolved to conclude a Convention for this purpose, Hereby agree as hereinafter provided:

ARTICLE I: Right to vote of women ARTICLE II: That they will be eligible for election to all publicly elected bodies, established by national law, on equal terms with men, without any discriminationARTICLE III: That they will be entitled to hold public office and to exercise all public functions, established by national law, on equal terms with men, without any discrimination

DEFINITION OF TERMS:1.) Contracting Parties All members of the United Nations, including those who were not yet members as of the date of implementation of this treaty.2.) United Nations is an international organization formed in 1945 to increase political and economic cooperation among member countries. The organization works on economic and social development programs, improving human rights and reducing global conflicts.3.) Secretary General the principal administrator/leader of the United Nations. 4.) Vote a formal indication of a choice between two or more candidates or courses of action, expressed typically through a ballot or a show of hands or by voice. 5.) Election a formal and organized process of choosing a representative, most commonly for public office.6.) Public Office a position of authority or service involving responsibility to the public, especially within the government.7.) Discrimination the unjust or prejudicial treatment of different categories of people or things, especially on the grounds of race, age, or sex.8.) The Universal Declaration of Human Rights is an international document that states basic rights and fundamental freedoms to which all human beings are entitled.9.) United Nations Charter the fundamental treaty that paved the way towards the establishment of the United Nations.SALIENT POINTS (NOTABLE/IMPORTANT POINTS): The first three (3) articles found in this treaty could also be found in Article 25 of the International Covenant on Civil and Political Rights. The only difference is that the Convention on the Political Rights of Women strongly emphasizes the applicability of these rights to the female sex. While in the International Covenant on Civil and Political Rights, such applicability is coined in general terms, meaning, it shall be applied to all human beings by the contracting parties. Article I highlights the right of women to vote without any discrimination. Article II discusses the eligibility of women to run for office in the public sector. Article III states the entitlement of women to hold public office and to exercise all public functions. Another significant difference of the Convention on the Political Rights of Women from the International Covenant on Civil and Political Right is that all matters concerning the CPRW is directly handled by the Secretary General, while in the ICCPR, it is handled by the committee specifically designated for such function, namely, the Human Rights Committee.

C. CONSTITUTIONAL AND STATUTORY PROVISIONS

Article II, Section 14 of the 1987 ConstitutionThe State recognizes the role of women in nation-building, and shall ensure the fundamental equality before the law of women and men.Article III, Section 1 of the 1987 ConstitutionNo person shall be deprived of life, liberty, or property without due process of law, nor shall any person be denied the equal protection of the laws.

Republic Act No. 7192: Women in Development and Nation Building ActSec. 5. Equality in Capacity to Act. Women of legal age, regardless of civil status, shall have the capacity to act and enter into contracts which shall in every respect be equal to that of men under similar circumstances. In all contractual situations where married men have the capacity to act, married women shall have equal rights.To this end:(1) Women shall have the capacity to borrow and obtain loans and execute security and credit arrangement under the same conditions as men; (2) Women shall have equal access to all government and private sector programs granting agricultural credit, loans and nonmaterial resources and shall enjoy equaltreatment in agrarian reform and land resettlement programs;(3) Women shall have equal rights to act as incorporators and enter into insurancecontracts; and (4) Married women shall have rights equal to those of married men in applying for passport, secure visas and other travel documents, without need to secure the consent of their spouses.In all other similar contractual relations, women shall enjoy equal rights and shall have the capacity to act which shall in every respect be equal to those of men under similar circumstances.Sec. 6. Equal Membership in Clubs. Women shall enjoy equal access to membership in all social, civic and recreational clubs, committees, associations and similar other organizations devoted to public purpose. They shall be entitled to the same rights and privileges accorded to their spouses if they belong to the same organization.Sec. 7. Admission to Military Schools. Any provision of the law to the contrary notwithstanding, consistent with the needs of the services, women shall be accorded equal opportunities for appointment, admission, training, graduation and commissioning in all military or similar schools of the Armed Forces of the Philippines and the Philippine National Police not later than the fourth academic year following the approval of this Act in accordance with the standards required for men except for those minimum essential adjustments required by physiological differences between sexes.

Labor Code of the PhilippinesArt. 135. Discrimination prohibited. It shall be unlawful for any employer to discriminate against any woman employee with respect to terms and conditions of employment solely on account of her sex.The following are acts of discrimination:a. Payment of a lesser compensation, including wage, salary or other form of remuneration and fringe benefits, to a female employees as against a male employee, for work of equal value; and

b. Favoring a male employee over a female employee with respect to promotion, training opportunities, study and scholarship grants solely on account of their sexes.

Criminal liability for the willful commission of any unlawful act as provided in this Article or any violation of the rules and regulations issued pursuant to Section 2 hereof shall be penalized as provided in Articles 288 and 289 of this Code: Provided, That the institution of any criminal action under this provision shall not bar the aggrieved employee from filing an entirely separate and distinct action for money claims, which may include claims for damages and other affirmative reliefs. The actions hereby authorized shall proceed independently of each other. (As amended by Republic Act No. 6725, May 12, 1989)Article 136. Stipulation against marriage. It shall be unlawful for an employer to require as a condition of employment or continuation of employment that a woman employee shall not get married, or to stipulate expressly or tacitly that upon getting married, a woman employee shall be deemed resigned or separated, or to actually dismiss, discharge, discriminate or otherwise prejudice a woman employee merely by reason of her marriage.Family Code of the PhilippinesArt. 69. The husband and wife shall fix the family domicile. In case of disagreement, the court shall decide. The court may exempt one spouse from living with the other if the latter should live abroad or there are other valid and compelling reasons for the exemption. However, such exemption shall not apply if the same is not compatible with the solidarity of the family.(New Civil Code, Art. 110. The husband shall fix the residence of the family. But the court may exempt the wife from living with the husband if he should live abroad unless in the service of the Republic.)Art. 73. Either spouse may exercise any legitimate profession, occupation, business or activity without the consent of the other. The latter may object only on valid, serious, and moral grounds.(New Civil Code, Art. 117. The wife may exercise any profession or occupation or engage in business. However, the husband may object, provided: (1) His income is sufficient for the family, according to its social standing, and (2) His opposition is founded on serious and valid grounds.)Art. 96. The administration and enjoyment of the community property shall belong to both spouses jointly. In case of disagreement, the husband's decision shall prevail, subject to recourse to the court by the wife for proper remedy, which must be availed of within five years from the date of the contract implementing such decision. In the event that one spouse is incapacitated or otherwise unable to participate in the administration of the common properties, the other spouse may assume sole powers of administration. These powers do not include disposition or encumbrance without authority of the court or the written consent of the other spouse. In the absence of such authority or consent, the disposition or encumbrance shall be void. However, the transaction shall be construed as a continuing offer on the part of the consenting spouse and the third person, and may be perfected as a binding contract upon the acceptance by the other spouse or authorization by the court before the offer is withdrawn by either or both offerors. Art. 124. The administration and enjoyment of the conjugal partnership shall belong to both spouses jointly. In case of disagreement, the husband's decision shall prevail, subject to recourse to the court by the wife for proper remedy, which must be availed of within five years from the date of the contract implementing such decision. In the event that one spouse is incapacitated or otherwise unable to participate in the administration of the conjugal properties, the other spouse may assume sole powers of administration. These powers do not include disposition or encumbrance without authority of the court or the written consent of the other spouse. In the absence of such authority or consent, the disposition or encumbrance shall be void. However, the transaction shall be construed as a continuing offer on the part of the consenting spouse and the third person, and may be perfected as a binding contract upon the acceptance by the other spouse or authorization by the court before the offer is withdrawn by either or both offerors. Art. 115. The wife manages the affairs of the household. She may purchase things necessary for the support of the family, and the conjugal partnership shall be bound thereby. She may borrow money for this purpose, if the husband fails to deliver the proper sum. The purchase of jewelry and precious objects is voidable, unless the transaction has been expressly or tacitly approved by the husband, or unless the price paid is from her paraphernal property.) (New Civil Code, Art. 112. The husband is the administrator of the conjugal property, unless there is a stipulation in the marriage settlements conferring the administration upon the wife. She may also administer the conjugal partnership in other cases specified in this Code.

D. SPECIAL LAWSRepublic Act No. 7877 Anti-Sexual Harassment Act of 1995Republic Act No. 9208 Anti-Trafficking in Persons Act of 2003

REPUBLIC ACT NO. 7877AN ACT DECLARING SEXUAL HARASSMENT UNLAWFUL IN THE EMPLOYMENT, EDUCATION OR TRAINING ENVIRONMENT, AND FOR OTHER PURPOSES.

Section 3. Work, Education or Training -Related, Sexual Harassment Defined. - Work, education or training-related sexual harassment is committed by an employer, employee, manager, supervisor, agent of the employer, teacher, instructor, professor, coach, trainor, or any other person who, having authority, influence or moral ascendancy over another in a work or training or education environment, demands, requests or otherwise requires any sexual favor from the other, regardless of whether the demand, request or requirement for submission is accepted by the object of said Act.(a) In a work-related or employment environment, sexual harassment is committed when:1) The sexual favor is made as a condition in the hiring or in the employment, re-employment or continued employment of said individual, or in granting said individual favorable compensation, terms of conditions, promotions, or privileges; or the refusal to grant the sexual favor results in limiting, segregating or classifying the employee which in any way would discriminate, deprive or diminish employment opportunities or otherwise adversely affect said employee;2) The above acts would impair the employee's rights or privileges under existing labor laws; or3) The above acts would result in an intimidating, hostile, or offensive environment for the employee.(b) In an education or training environment, sexual harassment is committed:1) Against one who is under the care, custody or supervision of the offender;2) Against one whose education, training, apprenticeship or tutorship is entrusted to the offender;3) When the sexual favor is made a condition to the giving of a passing grade, or the granting of honors and scholarships, or the payment of a stipend, allowance or other benefits, privileges, or consideration; or4) When the sexual advances result in an intimidating, hostile or offensive environment for the student, trainee or apprentice.

Any person who directs or induces another to commit any act of sexual harassment as herein defined, or who cooperates in the commission thereof by another without which it would not have been committed, shall also be held liable under this Act.

Sec. 4. Duty of the Employer or Head of Office in a Work-related, Education or Training Environment. - It shall be the duty of the employer or the head of the work-related, educational or training environment or institution, to prevent or deter the commission of acts of sexual harassment and to provide the procedures for the resolution, settlement or prosecution of acts of sexual harassment. Towards this end, the employer or head of office shall:

(a) Promulgate appropriate rules and regulations in consultation with and jointly approved by the employees or students or trainees, through their duly designated representatives, prescribing the procedure for the investigation of sexual harassment cases and the administrative sanctions therefor.

Administrative sanctions shall not be a bar to prosecution in the proper courts for unlawful acts of sexual harassment.The said rules and regulations issued pursuant to this subsection (a) shall include, among others, guidelines on proper decorum in the workplace and educational or training institutions.(b) Create a committee on decorum and investigation of cases on sexual harassment. The committee shall conduct meetings, as the case may be, with officers and employees, teachers, instructors, professors, coaches, trainors, and students or trainees to increase understanding and prevent incidents of sexual harassment. It shall also conduct the investigation of alleged cases constituting sexual harassment. In the case of a work-related environment, the committee shall be composed of at least one (1) representative each from the management, the union, if any, the employees from the supervisory rank, and from the rank and file employees.

In the case of the educational or training institution, the committee shall be composed of at least one (1) representative from the administration, the trainors, instructors, professors or coaches and students or trainees, as the case may be.The employer or head of office, educational or training institution shall disseminate or post a copy of this Act for the information of all concerned.

Sec. 5. Liability of the Employer, Head of Office, Educational or Training Institution. - The employer or head of office, educational or training institution shall be solidarily liable for damages arising from the acts of sexual harassment committed in the employment, education or training environment if the employer or head of office, educational or training institution is informed of such acts by the offended party and no immediate action is taken.

Sec. 6. Independent Action for Damages. - Nothing in this Act shall preclude the victim of work, education or training-related sexual harassment from instituting a separate and independent action for damages and other affirmative relief.

Sec. 7. Penalties. - Any person who violates the provisions of this Act shall, upon conviction, be penalized by imprisonment of not less than one (1) month nor more than six (6) months, or a fine of not less than Ten thousand pesos (P10,000) nor more than Twenty thousand pesos (P20,000), or both such fine and imprisonment at the discretion of the court.

Any action arising from the violation of the provisions of this Act shall prescribe in three (3) years.

REPUBLIC ACT NO. 9208AN 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

Human trafficking is a systematic problem that requires a multi-sectoral and a multi-dimensional solution

Trafficking in Persons - refers to the recruitment, transportation, transfer or harboring, or receipt of persons with or without the victim's consent or knowledge, within or across national borders by means of threat or use of force, or other forms of coercion, abduction, fraud, deception, abuse of power or of position, taking advantage of the vulnerability of the person, or, the giving or receiving of payments or benefits to achieve the consent of a person having control over another person for the purpose of exploitation which includes at a minimum, the exploitation or the prostitution of others or other forms of sexual exploitation, forced labor or services, slavery, servitude or the removal or sale of organs.

The recruitment, transportation, transfer, harboring or receipt of a child for the purpose of exploitation shall also be considered as "trafficking in persons" even if it does not involve any of the means set forth in the preceding paragraph. .Acts of trafficking under section 4 is punishable by not more than 20 years and fine of 1 million to 2 million pesos. While qualified trafficking under section 6 is punishable with life imprisonment and a fine of 2million to 5 million. A person who is promoting an act of trafficking under section 5 shall be punished for 15 years imprisonment and a fine of 500,000 to 1 million pesos.

However with R.A. 10364 AN ACT EXPANDING REPUBLIC ACT NO. 9208, ENTITLED 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

The expanded law is a strengthened version of the Anti-Trafficking Law, covering attempted trafficking.

The new law provides for free legal assistance to overseas Filipino workers.

RA 10364 allows the reporting and publication of names of suspects and accused in human trafficking cases.The amendment effectively allows the government to make use of the name and shame method in combating human smuggling syndicates.The signing of this law will give the government a stronger weapon against human trafficking syndicates,.

Among the other amendments in the previous law was the inclusion of attempted trafficking as a crime punishable with imprisonment of 15 years and a fine of P500,000 to P1 million.

The new law defines attempted trafficking as a crime where there are acts to initiate the commission of a trafficking offense, but the offender failed to or did not execute all the elements of the crime, by accident or by reason of some cause other than voluntary desistance.

Liabilities of accessories and accomplices of human trafficking activities have also been clearly laid down in RA 10364. Accomplices are those who knowingly aid, abet, cooperate in the execution of the offense by previous or simultaneous acts.

Accessories, on the other hand, are those who have knowledge of the commission of the crime, and without having participated therein, either as principal or as accomplices take part of its commission subject to specific acts stated in the law.

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