Session 1B_Magna Carta of Women

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Philippine Commission on Wom Office of the President Legal Mandates on GAD

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Page 1: Session 1B_Magna Carta of Women

Philippine Commission on WomenOffice of the President

Legal Mandates on GAD

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Philippine Commission on WomenOffice of the President

SOURCES OF MANDATE FOR WOMEN’S EQUAL RIGHT TO EDUCATION

Phil. Constitution(Art. II, Sec.14)

Magna Carta

of Women

( RA 9710 )

CEDAW(Art.10)

BPfA(p.69-79)

MDG (Goal 3)

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Philippine Commission on WomenOffice of the President

CEDAW (Art. 10)

• Same conditions and access for diplomas at all levels

• Same access, standard, teaching staff, curricula, equipment

• Elimination of stereotypes and revision of textbooks

• Same access to scholarships and study grants• Same access to continuing education• Same opportunities for sports and physical

educationEducation CEDAW.docx

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Philippine Commission on WomenOffice of the President

BEIJING PLATFORM FOR ACTIONStrategic objectives and actions to be taken (cf. CEDAW):B.1- access to educationB.3-access to vocational training, science and

technology, and continuing education B.4- non-discriminatory education and trainingB.5- allocation of sufficient resourcesB.6- life-long education and training

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Philippine Commission on WomenOffice of the President

MDGs• Goal 3: Promote gender equality and empower women Target 3A: Eliminate gender disparity in primary and

secondary education preferably by 2005, and at all levels by 2015 – Ratios of girls to boys in primary, secondary and tertiary

education– Share of women in wage employment in the non-

agricultural sector– Proportion of seats held by women in national parliament

[8]

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Philippine Commission on WomenOffice of the President

MAGNA CARTA OF WOMENRA 9710

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Philippine Commission on WomenOffice of the President

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Philippine Commission on WomenOffice of the President

Main Parts of the MCW (IRR)

Rule 1. General Provisions (title, purpose, construction, coverage, declaration of policy, principles of human rights of women)Rule 2. Definition of termsRule 3. Duties related to the HR of womenRule 4. Rights and empowerment

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Philippine Commission on WomenOffice of the President

Rule 4. Rights and empowerment >education and training >sportsRule 5. Rights and empowerment of the marginalized sectors >education and trainingRule 6. Institutional mechanisms b. GAD focal points c. GAD planning and budgetingRule 7. Final provisions

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Philippine Commission on WomenOffice of the President

SELECTED MCW SUBSTANTIVE PROVISIONS

RELEVANT TO CHED

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Philippine Commission on WomenOffice of the President

RULE IV. RIGHTS AND EMPOWERMENT

SECTION 12. Protection from Violence > Design of prescribed modules for human rights, gender sensitivity and gender-responsive training; to be periodically reviewed to ensure effectiveness.

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Philippine Commission on WomenOffice of the President

SECTION 16. Equal Access and Elimination of Discrimination in Education, Scholarships, and Training

– gender-sensitive curriculum– gender-fair instructional materials– capacity building program on gender,

peace and human rights education for education officials, faculty and non-teaching staff and personnel

– partnerships in the education sector, including the private sector, churches, and faith groups

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Philippine Commission on WomenOffice of the President

– for advertising industry …to provide free use of space and installation of displays for schools, colleges and universities for campaigns to end discrimination and violence against women; and

– scholarship programs for marginalized women and girls. Conditions such as age, pregnancy, motherhood, disabilities, or lack of consent of husband shall not be grounds for disqualification in the grant of scholarships.

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Philippine Commission on WomenOffice of the President

Enrollment of women in non-traditional skills training in vocational and tertiary levels

programs to increase the enrollment of women in

non-traditional skills training in vocational and tertiary levels, and mechanisms for assessment and monitoring of compliance such as sex-disaggregated list of students, tracers of graduates and the like; and

policies to ensure that all teachers and trainers, regardless of sex, ethnicity, political, social, economic and religious status and affiliations have equal access to scholarships.

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Philippine Commission on WomenOffice of the President

Monitoring compliance of educational institutions to the following:

Women faculty who become pregnant outside of marriage shall not be dismissed, separated from work, forced to go on leave, re-assigned or transferred.

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.

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Counseling and other support for pregnant students while in school to ensure their completion of their studies;

Prevention of VAW, and provision of institutional mechanisms for complaints

Coordination with PNP, DOJ, CHR, DSWD, and the LGU for appropriate assistance to female faculty and students victims of VAW and other discrimination.

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Philippine Commission on WomenOffice of the President

SECTION 17. Women in Sports.

F. PSC and GAB in coordination with the DepEd, CHED, SUCs, LGUs, and other sports-related organizations shall…ensure: more female coaches for girls and women’s

teams; sports clinics and seminars for potential female

leaders, coaches, teachers at least once a year; equal incentives and awards for any

competition; equal opportunities for scholarships and travel

grants for women leaders, coaches and athletes with adequate support mechanism;

sufficient funds to support girls and women in sports;

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form more girls’ and women's teams in athletic leagues like the Palarong Pambansa, University Athletic Association of the Philippines, National Collegiate Athletic Association, Private Schools Athletic Association, and University Games;

sex-disaggregated data in sports participation;

partnerships with community-based sports organizations; and

increase the participation of the elderly women, women with disabilities and indigenous women

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SECTION 20. Women's Right to Health. CHED shall ensure that SUCs and HEIS: • integrate in their curriculum and in CHED’s accreditation system GR, rights-based and culture sensitive health education• conduct capacity building sessions, such as gender-sensitivity and  health and sexuality education for school personnel and students; • expand health services and guidance counseling on youth sexuality •promote and provide funds for and disseminate research on gender issues and concerns.

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Philippine Commission on WomenOffice of the President

RULE V. RIGHTS AND EMPOWERMENT OF MARGINALIZED SECTORS SECTION 23. Food Security and Productive ResourcesRight to Resources for Food Production

All concerned agencies…including SUCs and HEIs to allocate budget for basic and applied research to develop and promote women-friendly technologies

Provide trainings on marketing of agricultural and forestry products, market opportunity awareness, technology transfer on processing, labeling, and packaging

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Philippine Commission on WomenOffice of the President

Section 31. Recognition and Preservation of Cultural Identity and Integrity –

The NCCA and NCIP in coordination with NCMF,

Regional Commission on Bangsamoro Women (RCBW)–Autonomous Region in Muslim Mindanao (ARMM), and other concerned agencies shall:

Collaborate with CHED and DepEd to integrate in the educational curriculum the preservation and respect of indigenous rights, cultures and traditions, provided that they are not discriminatory to women;

Coordinate with CHED and DepEd to ensure functional literacy and numeracy programs for indigenous communities;

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Philippine Commission on WomenOffice of the President

• SECTION 32. Peace and Development –

The peace process shall be pursued with the following considerations:

– Inclusion of the peace perspective in the education curriculum and other educational undertakings by DepEd, CHED, SUCs, TESDA, Bureau of Cultural Heritage (BCH)-ARMM and DSWD.

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Philippine Commission on WomenOffice of the President

Section 35. Protection of Girl-Children

• Pursue measures to eliminate all forms of discrimination against girl-children in education, heath and nutrition, and skills development.

• Provide equal access of Muslim and indigenous girl-children in the Madaris, schools of living culture and traditions, and regular schools;

• Develop gender-sensitive, rights-based and culture-sensitive curriculum, including legal literacy and books, in the Madaris and schools of living culture and traditions;

• Ensure sensitivity of regular schools to particular Moro and indigenous practices, such as fasting in the month of Ramadan, choice of clothing (including the wearing of hijab) and availability of halal.

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Philippine Commission on WomenOffice of the President

RULE VI. INSTITUTIONAL MECHANISMS• SECTION 37 . Gender Mainstreaming as a Strategy

for Implementing the Magna Carta of Women

– Creation and/or Strengthening of the GAD Focal Points (GFPs) – All government departments including …SUCs, … shall establish or strengthen their GFP System …to catalyze and accelerate gender mainstreaming..

– The head of agencies ..shall sign appropriate issuances to institutionalize the creation of the GFP..

– The tasks and functions of the members of the GFP shall form part of their regular key result areas and shall be given due consideration in their performance evaluation.

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Philippine Commission on WomenOffice of the President

• GAD Database – All departments, including …SUCs…shall develop and maintain a GAD database containing GAD information to include gender statistics and age- and sex-disaggregated data that have been systematically produced/gathered, regularly updated to serve as inputs or bases for planning, programing, and policy formulation.

-END-

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Capacity development

Sec. 37. GFPS shall ensure that all personnel of the agency/LGU/SUCs including the auditors are capacitated on GAD

JC: 4.2 Capability building on Gender and Development: A clear understanding of and appreciation of gender and development is a pre-requisite for a successful GAD planning and budgeting. Agencies are required to regularly undertake orientations and capacity development on gender and development, gender equality and women’s empowerment including GAD-related laws and commitments for their employees. Trainings should include gender mainstreaming, gender analysis and gender-responsive planning and budgeting.

Sec. 16.A.3 CHED, TESDA, DepEd shall ensure that educational institutions implement a capacity building program on gender, peace and human rights education for education officials, faculty and non-teaching staff and personnel

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Philippine Commission on WomenOffice of the President

Understanding and Implementing GPB(as a means to implement the MCW)

JC: 3.1 Agencies shall formulate their annual GAD plans and budgets within the context of their mandate and overall plans and programs including those that concern organizational development.

-The annual GAD plan and budget shall be guided by the desired outcomes and goals embodied in the MCW, PPGD 1995-2025, Women’s Empowerment and Development toward Gender Equality (WEDGE 2012-2016) Plan and other term plans for gender and development, the CEDAW and other relevant laws and international commitments.

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Philippine Commission on WomenOffice of the President

Measuring Progress in Implementation• PCW as the oversight agency for

monitoring implementation of the Magna Carta of Women

• Submit to Congress regular reports on the progress of MCW implementation

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Philippine Commission on WomenOffice of the President

SEC. 41 PENALTIES • Sanctions under Administrative Law• Civil Service Law • Or other appropriate Laws• Person directly responsible and the Head of Agency

shall be held liable • If agents of State – aggravating • If private entity or individual – person directly

responsible shall be liable to pay damages • Other remedies available under the Law

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Philippine Commission on WomenOffice of the President

SEC 42. INCENTIVES AND AWARDS

• PCW - GADtimpala Award for NGAs

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Philippine Commission on WomenOffice of the President

MCW Gender Mainstreaming IndicatorsIMMEDIATE OUTCOME

STATEMENTSAMPLE INDICATORS

Increased capacity of NGAs, LGUs and other government instrumentalities in enhancing their GAD competencies, and in developing gender-responsive Plans, Policies, Programs, Projects, Services and Activities

# of agencies (offices, bureaus, SUCs, GOCCs), and other government instrumentalities that formulated their annual GAD plans, programs and budgets

# agencies that constituted or reconstituted their GFPs in accordance with the provisions of the MCW

# of agencies that have undergone capacity-building activities on gender sensitivity, gender analysis, and of tools such as the Harmonized Gender and Development Guidelines (HGG).

- # of agencies with functional GAD database system

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Philippine Commission on WomenOffice of the President

Immediate Outcome Sample IndicatorsGender-sensitive curricula (developed by DepEd, CHED and TESDA) implemented by public and private school and other educational institutions.

# of public schools with gender-sensitive professional strategies, school counselling and career education program.

# of private schools with gender-sensitive professional strategies, school counselling and career education program;

Women Empowerment Indicators

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AUDIT of GAD Funds

• COA shall conduct an Annual Audit on the use of GAD Budget -–GAD Fund Audit

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THANK YOU!END HERE