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August 14, 2009 REPUBLIC ACT NO. 9710 AN ACT PROVIDING FOR THE MAGNA CARTA OF WOMEN CHAPTER I General Provisions SECTION 1. Short Title. — This Act shall be known as The Magna Carta of Women . SECTION 2. Declaration of Policy. — Recognizing that the economic, polit
  August 14, 2009August 14, 2009 REPUBLIC ACT NO. 9710 AN ACT PROVIDING FOR THE MAGNA CARTA OF WOMENAN ACT PROVIDING FOR THE MAGNA CARTA OF WOMEN CHAPTER ICHAPTER I General Provisions  SECTION 1. Short Title.  — This Act shall be known as The Magna Carta ofWomen .SECTION 2. Declaration of Policy.  — Recognizing that the economic, political,and sociocultural realities affect women's current condition, the State afrms the roleof women in nation building and ensures the substantive equality of women and men. Itshall promote empowerment of women and pursue equal opportunities for women andmen and ensure equal access to resources and to development results and outcome.Further, the State realizes that equality of men and women entails the abolition of theunequal structures and practices that perpetuate discrimination and inequality. Torealize this, the State shall endeavor to develop plans, policies, programs, measures,and mechanisms to address discrimination and inequality in the economic, political,social, and cultural life of women and men. CTaIHE The State condemns discrimination against women in all its forms and pursuesby all appropriate means and without delay the policy of eliminating discriminationagainst women in keeping with the Convention on the Elimination of All Forms ofDiscrimination Against Women (CEDAW) and other international instruments consistentwith Philippine law. The State shall accord women the rights, protection, andopportunities available to every member of society.The State afrms women's rights as human rights and shall intensify its effortsto fulll its duties under international and domestic law to recognize, respect, protect,fulll, and promote all human rights and fundamental freedoms of women, especiallymarginalized women, in the economic, social, political, cultural, and other elds withoutdistinction or discrimination on account of class, age, sex, gender, language, ethnicity,religion, ideology, disability, education, and status.The State shall provide the necessary mechanisms to enforce women's rightsand adopt and undertake all legal measures necessary to foster and promote the equalopportunity for women to participate in and contribute to the development of thepolitical, economic, social, and cultural realms.The State, in ensuring the full integration of women's concerns in the mainstreamof development, shall provide ample opportunities to enhance and develop their skills,acquire productive employment and contribute to their families and communities to thefullest of their capabilities.In pursuance of this policy, the State reafrms the right of women in all sectorsto participate in policy formulation, planning, organization, implementation,management, monitoring, and evaluation of all programs, projects, and services. It shallsupport policies, researches, technology, and training programs and other supportservices such as nancing, production, and marketing to encourage active participationof women in national development. ASaTCE CD Technologies Asia, Inc. © 2016cdasiaonline.com  SECTION 3. Principles of Human Rights of Women.  — Human rights areuniversal and inalienable. All people in the world are entitled to them. The universality ofhuman rights is encompassed in the words of Article 1 of the Universal Declaration ofHuman Rights, which states that all human beings are free and equal in dignity andrights.Human rights are indivisible. Human rights are inherent to the dignity of everyhuman being whether they relate to civil, cultural, economic, political, or social issues.Human rights are interdependent and interrelated. The fulllment of one rightoften depends, wholly or in part, upon the fulfillment of others.All individuals are equal as human beings by virtue of the inherent dignity of eachhuman person. No one, therefore, should suffer discrimination on the basis of ethnicity,gender, age, language, sexual orientation, race, color, religion, political, or other opinion,national, social, or geographical srcin, disability, property, birth, or other status asestablished by human rights standards.All people have the right to participate in and access information relating to thedecision-making processes that affect their lives and well-being. Rights-basedapproaches require a high degree of participation by communities, civil society,minorities, women, young people, indigenous peoples, and other identified groups.States and other duty-bearers are answerable for the observance of humanrights. They have to comply with the legal norms and standards enshrined ininternational human rights instruments in accordance with the Philippine Constitution.Where they fail to do so, aggrieved rights-holders are entitled to institute proceedingsfor appropriate redress before a competent court or other adjudicator in accordancewith the rules and procedures provided by law.CHAPTER IICHAPTER II Definition of Terms  SECTION 4. Definitions.  — For purposes of this Act, the following terms shallmean: cTACIa (a) Women Empowerment refers to the provision, availability, andaccessibility of opportunities, services, and observance of human rights which enablewomen to actively participate and contribute to the political, economic, social, andcultural development of the nation as well as those which shall provide them equalaccess to ownership, management, and control of production, and of material andinformational resources and benefits in the family, community, and society.(b) Discrimination Against Women refers to any gender-based distinction,exclusion, or restriction which has the effect or purpose of impairing or nullifying therecognition, enjoyment, or exercise by women, irrespective of their marital status, on abasis of equality of men and women, of human rights and fundamental freedoms in thepolitical, economic, social, cultural, civil, or any other field.It includes any act or omission, including by law, policy, administrative measure,or practice, that directly or indirectly excludes or restricts women in the recognition andpromotion of their rights and their access to and enjoyment of opportunities, benets,or privileges.A measure or practice of general application is discrimination against women if itfails to provide for mechanisms to offset or address sex or gender-baseddisadvantages or limitations of women, as a result of which women are denied orrestricted in the recognition and protection of their rights and in their access to and CD Technologies Asia, Inc. © 2016cdasiaonline.com  enjoyment of opportunities, benets, or privileges; or women, more than men, areshown to have suffered the greater adverse effects of those measures or practices. Provided, nally, That discrimination compounded by or intersecting with othergrounds, status, or condition, such as ethnicity, age, poverty, or religion shall beconsidered discrimination against women under this Act.(c) Marginalization refers to a condition where a whole category of peopleis excluded from useful and meaningful participation in political, economic, social, andcultural life.(d) Marginalized refers to the basic, disadvantaged, or vulnerable personsor groups who are mostly living in poverty and have little or no access to land and otherresources, basic social and economic services such as health care, education, waterand sanitation, employment and livelihood opportunities, housing, social security,physical infrastructure, and the justice system.These include, but are not limited to, women in the following sectors and groups: ACcTDS (1) Small Farmers and Rural Workers refers to those who are engageddirectly or indirectly in small farms and forest areas, workers incommercial farms and plantations, whether paid or unpaid, regular orseason-bound. These shall include, but are not limited to, (a) smallfarmers who own or are still amortizing for lands that is not more thanthree (3) hectares, tenants, leaseholders, and stewards; and (b) ruralworkers who are either wage earners, self-employed, unpaid familyworkers directly and personally engaged in agriculture, small-scalemining, handicrafts, and other related farm and off-farm activities;(2) Fisherfolk refers to those directly or indirectly engaged in taking,culturing, or processing shery or aquatic resources. These include,but are not to be limited to, women engaged in shing in municipalwaters, coastal and marine areas, women workers in commercialshing and aquaculture, vendors and processors of sh and coastalproducts, and subsistence producers such as shell-gatherers,managers, and producers of mangrove resources, and other relatedproducers;(3) Urban Poor refers to those residing in urban and urbanizable slumor blighted areas, with or without the benet of security of abode,where the income of the head of the family cannot afford in asustained manner to provide for the family's basic needs of food,health, education, housing, and other essentials in life;(4) Workers in the Formal Economy refers to those who are employedby any person acting directly or indirectly in the interest of anemployer in relation to an employee and shall include the governmentand all its branches, subdivisions, and instrumentalities, allgovernment-owned and -controlled corporations and institutions, aswell as nonprofit private institutions or organizations;(5) Workers in the Informal Economy refers to self-employed,occasionally or personally hired, subcontracted, paid and unpaidfamily workers in household incorporated and unincorporatedenterprises, including home workers, micro-entrepreneurs andproducers, and operators of sari-sari stores and all other categorieswho suffer from violation of workers' rights; CADSHI CD Technologies Asia, Inc. © 2016cdasiaonline.com  (6) Migrant Workers refers to Filipinos who are to be engaged, areengaged, or have been engaged in a remunerated activity in a State ofwhich they are not legal residents, whether documented orundocumented;(7) Indigenous Peoples refers to a group of people or homogenoussocieties identied by self-ascription and ascription by other, whohave continuously lived as organized community on communallybounded and dened territory, and who have, under claims ofownership since time immemorial, occupied, possessed customs,tradition, and other distinctive cultural traits, or who have, throughresistance to political, social, and cultural inroads of colonization, non-indigenous religions and culture, became historically differentiatedfrom the majority of Filipinos. They shall likewise include peoples whoare regarded as indigenous on account of their descent from thepopulations which inhabited the country, at the time of conquest orcolonization, or at the time of inroads of non-indigenous religions andcultures, or the establishment of present state boundaries, who retainsome or all of their own social, economic, cultural, and politicalinstitutions, but who may have been displaced from their traditionaldomains or who may have resettled outside their ancestral domainsas dened under Section 3 (h), Chapter II of Republic Act No. 8371,otherwise known as The Indigenous Peoples Rights Act of 1997 (IPRA of 1997); (8) Moro refers to native peoples who have historically inhabitedMindanao, Palawan, and Sulu, and who are largely of the Islamic faith;(9) Children refers to those who are below eighteen (18) years of ageor over but are unable to fully take care of themselves or protectthemselves from abuse, neglect, cruelty, exploitation, ordiscrimination because of a physical or mental disability or condition;(10) Senior Citizens refers to those sixty (60) years of age and above;(11) Persons with Disabilities refers to those who are suffering fromrestriction or different abilities, as a result of a mental, physical, orsensory impairment to perform an activity in the manner or within therange considered normal for a human being; and CTDAaE (12) Solo Parents refers to those who fall under the category of a soloparent dened under Republic Act No. 8972, otherwise known as the Solo Parents Welfare Act of 2000 .(e) Substantive Equality refers to the full and equal enjoyment of rights andfreedoms contemplated under this Act. It encompasses  de jure and  de facto equalityand also equality in outcomes.(f) Gender Equality refers to the principle asserting the equality of men andwomen and their right to enjoy equal conditions realizing their full human potentials tocontribute to and benet from the results of development, and with the Staterecognizing that all human beings are free and equal in dignity and rights.(g) Gender Equity refers to the policies, instruments, programs, services,and actions that address the disadvantaged position of women in society by providingpreferential treatment and afrmative action. Such temporary special measures aimedat accelerating  de facto equality between men and women shall not be considered CD Technologies Asia, Inc. © 2016cdasiaonline.com
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