International and

Local Laws and

Policies on and
for Women
Carolyn I. Sobritchea, Phd
Professor, Asian Center, UP Diliman
Chairperson, CHED Technical Panel of Women/Gender Studies
 Historical Overview
Women’s Situation After the Second World War
 Atrocities of war – Nazi experiments on
women’s bodies; sex slavery (“comfort
women”);
 Cultural practices across nations that by
today’s standards truly violate women’s human
rights (i.e. clitoridectomy, child marriage, sex
slavery, wife burning, female infanticide, etc.)
 Lack of legal adulthood of females in most
societies (i.e. inheritance laws, citizenship
entitlements, etc.)men’s Situation after the
Second World War
 Important Milestones

1947 - Establishment of the Commission

on the Status of Women initiated by 15
government representatives, all women.
The Commission on the Status of Women
(CSW)
From its inception, the Commission was
supported by a unit of the United Nations
that later became the Division for the
Advancement of Women (DAW) in the UN
Secretariat, now called UN Women
 Important Milestones
1950’s: Since the codification of the legal
rights of women needed to be supported
by data and analysis, the CSW embarked
on a global assessment of the status of
women.
Extensive research produced a detailed,
country-by-country picture of their political
and legal standing, which over time
became a basis for drafting human rights
instruments. This global assessment of
women’s status has translated into the
Gender Equality Measures (GEM).
 Important Milestones……
In 1963, efforts to consolidate standards on
women’s rights led the UN General Assembly
to request the Commission to draft a
Declaration on the Elimination of
Discrimination against Women, which the
Assembly ultimately adopted in 1967.
1979 : Convention on the Elimination of All
Forms of Discrimination against women
(CEDAW)
1999: the Optional Protocol to the CEDAW
was introduced calling for the right of
petition for women victims of discrimination.
 Important Milestones…

 In 1987, as part of follow-up to the Third World

Conference on Women in Nairobi, the Commission
took the lead in coordinating and promoting the UN
system’s work on economic and social issues for
women’s empowerment. Its efforts shifted to
promoting women’s issues as cross-cutting and part of
the mainstream, rather than as separate concerns.
 1993 UN Declaration on the Elimination of Violence
against Women;
 1994, a UN Special Rapporteur on violence against
women, its causes and consequences was appointed
by the Commission on Human Rights, with a mandate
to investigate and report on all aspects of violence
against women.
 Important Milestones…..

1995: Fourth World Conference on Women

which adopted the Beijing Declaration and
Platform for Action;
--- GAD and GAD mainstreaming approach
along the 12 areas of women’s concerns;
-- Advocacy for GAD budget;
-- GAD mechanisms – global, regional and
national
.March 2015: Assessment of the BPfA
 Milestones for the Philippines
Ratified CEDAW in 1981;
Participated in all the global conferences on
women some led by Filipino women leaders
–Senator Shahani, Ambassador Nena
Manalo, CHED Chair Tatti Licuanan, Prof.
Aurora Javate de Dios, etc..
Passage of 14 laws on and for women, the
latest being the Magna Carta of Women
Institutionalized the GAD Mainstreaming
approach
Human rights-Based approach to planning
 What are human rights?

Human rights are the minimum civil,

cultural, economic, political and
social entitlements that every
human being should be able to
claim and enjoy. because they
are human beings
 What is discrimination against
women?

CEDAW defines “discrimination against

women” as “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 women and men, of
human rights and fundamental freedoms in
the political, economic, social, cultural, civil
or any other field.”7
 State Obligations……
By ratifying CEDAW, State Parties commit themselves to :
 undertake a series of measures to end discrimination
against women in all forms, including:
 incorporate the principle of equality between women
and men in their legal system, abolishing all
discriminatory laws and adopting appropriate ones
which prohibit discrimination against women;
 establish tribunals and other public institutions to ensure
the effective protection of women against
discrimination; and
 ensure the elimination of all acts of discrimination
against women by persons, organizations or
enterprises.8
 State Obligations……
To respect, protect and fulfill women’s
human rights as articulated in the
Convention;
Include an equality and non discrimination
provision in the Constitution;
Take all appropriate measures to repeal
discriminatory laws and enact enabling
laws consistent with CEDAW principles;
Provide enabling policy environment and
the means to attain equality of women
 Application of CEDAW
Principles & Provisions
Executive Legislative Judiciary

Constitutional provisions Enactment of laws Education &

on equality & promoting gender awareness raising
nondiscrimination equality & on CEDAW of
nondiscrimination judges &
prosecutors

Creation of national
machinery and gender Repeal of existing Judicial decision
mainstreaming of discriminatory laws should cite CEDAW
government policies, on women provisions, General
programs, projects Recommendations
where appropriate

Effective implementation of
laws & policies on women Allocation of Development of
across government, resources for jurisprudence on
departments, and agencies women’s programs women and other
(gender budget) gender issues
 Local Laws and Policies on
and for Filipino Women

The 1987 Philippine Constitution

underscores the country’s
recognition of the need to
promote equality between the
sexes, and to advance the rights
of marginalized groups, especially
ethnic minorities and the poor, to
development and quality life.
 Legal Mandates……

In 2009, Philippine Congress passed the Magna Carta of

Women (RA 9710). This law provides the legal
definition of discrimination against women and spells
out their human rights. These include:
 Protection from all forms of violence
 Protection and security in times of disaster, calamities
and other crisis situations;
 Participation and representation
 Equal treatment before the law
 Equal access and elimination of discrimination
against women in education, scholarships and
training;
 Legal Mandates…….

 Equal participation in sports

 Non-discrimination in employment in the field of military,
police and other similar services;
 Non-discriminatory and non-derogatory portrayal of women
in media and film;
 Comprehensive health services and health information and
education;
 Leave benefits and
 Equal rights in all matters relating to marriage and family
relations

Source: Philippine Commission on Women. 2010. Magna Carta of Women

(RA 9710): Implementing Rules and Guidelines. Manila.
 The Anti-Violence against
Women and their Children (RA
9262 )
Definition of VAWC
Physical violence
Sexual violence ( rape, sexual harassment,
acts of lasciviousness, treatment of women
and children as sex objects; physically
attacking the sexual parts; forcing a child to
watch obscene shows and read indecent
publications, etc.
Psychological violence acts resulting in
emotional and psychological suffering
 Other Laws On and For
Women
 RA 10354- The Responsible Parenthood and
Reproductive Health Act of 2012
 RA 10361 –Domestic Workers Act or Batas
Kasambahay
 RA 9995 – Anti Ohto and Video Voyeurism Act of 2009
 RA 9501 – Magna Carta for Micro, Small and Medium
Enterprises (MSMES)
 RA 9208 – Anti-Trafficking in Persons Act of 2003
 RA 8972 – Solo Parents’ Welfare Act of 2000
 RA 8760 – General Appropriations Act of 2000 (GAD
Mainstreaming; 5% budget allocation for GAD
Activities)
 Other Laws On and For
Women
RA 8505 –Rape Victim Assistance and
Protection Act of 1998;
RA 8369 – Family Courts Act 0f 1997
RA 8353 – Anti-Rape Law
RA 8187 –Paternity Leave Act of 1996
RA 7877- Anti-Sexual Harassment Act of
1995
RA 7192- Women in Development and
Nation-Building Act
 Current Contexts
 2014 population of 100.6 million
 Continuous rise increase of populations in urban centers
-The Philippines' largest city is Quezon City, 2,679,450
people.
-Metropolitan Manila, which is comprised of 16 cities and
has an overall population of 11,553,427 people.
- The entire Greater Manila urban area spills out beyond
the boundaries of Metro Manila and is reported to
contain around 25 million people – a quarter of the
Philippines entire population;
 These developments have serious implications on the
capacity of schools, hospitals and other welfare and
medical agencies to effectively and efficiently carry out
their work.
 Serious Gender Issues

High Maternal Mortality Rate

 Family Health Survey (FHS) of 2011 by
NSO in 2011 revealed that for every
100,000 live births in the Philippines, 221
mothers die during pregnancy and
childbirth or shortly after childbirth.
This is far from the MDG 2015 goal of 53
deaths per 100,000 live births

(Source: PCW website, accessed April 15, 2016)

 Serious Gender Issues

Teenage Pregnancy
From 2000 to 2010, the number of live
births by teenage mothers in the
Philippines rose by more than 60%
(NS0 data, accessed April, 2016);
There was an increase as well of
teenage mothers who gave birth to
their second (and third, fourth and
even fifth) in the last ten years
 Serious Gender Issues

Gender-Based Violence
 One in twenty five women age 15-49 who have
ever had sex ever experienced forced first sexual
intercourse
 One in ten women age 15-49 ever experienced
sexual violence;
 One in seven ever-married women experienced
physical violence by their husbands while 8
percent experienced sexual violence by their
husbands.
 Prevalence of sexual harassment at home, in
public spaces and in the workplace
 Way Forward

Resist all forms of fundamentalist

backlash;
Continue with current efforts to call
for the implementation of all
international and national laws and
administrative issuances on and for
women;
Integrate the principles of gender
equality in all the work we do.
Thank You!
Carolyn I. Sobritchea, PhD