Philippine Magna Carta of Women

Policy and human-rights principles

The State affirms substantive equality of women and men and promotes women’s empowerment, equal opportunities, and equal access to resources and development outcomes under Section 2.
The State condemns discrimination against women “in all its forms” and commits to eliminating discrimination by appropriate means and without delay, aligned with CEDAW and other international instruments consistent with Philippine law under Section 2.
The State intensifies efforts to recognize, respect, protect, fulfill, and promote all human rights and fundamental freedoms of women, especially marginalized women, without discrimination based on class, age, sex, gender, language, ethnicity, religion, ideology, disability, education, and status under Section 2.
The law establishes that human rights are universal, inalienable, indivisible, interdependent, and interrelated under Section 3.
Rights-based approaches require participation of communities, civil society, minorities, women, young people, indigenous peoples, and other identified groups under Section 3.

Defined terms for implementation

“Women Empowerment” means providing opportunities, services, and observance of human rights that enable women’s active participation and equal access to ownership, management, control of production, and material and informational resources and benefits under Section 4.
“Discrimination Against Women” covers gender-based distinction, exclusion, or restriction with the effect or purpose of impairing or nullifying women’s recognition, enjoyment, or exercise of rights on the basis of equality in any field under Section 4.
“Marginalization” refers to exclusion of a whole category of people from useful and meaningful participation in political, economic, social, and cultural life under Section 4.
“Marginalized” refers to disadvantaged or vulnerable persons or groups mostly living in poverty with little or no access to land and resources and basic social and economic services, including the justice system under Section 4.
The law defines multiple marginalized sectors expressly, including:
- “Small Farmers and Rural Workers” with land not more than three (3) hectares for qualifying small farmers and covering specified rural workers and activities under Section 4.
- “Fisherfolk” as those engaged in taking, culturing, or processing fishery or aquatic resources, including specified groups under Section 4.
- “Urban Poor” as residents in urban slum/blighted areas where the head of the family cannot sustain basic needs affordability under Section 4.
- “Workers in the Formal Economy” and “Workers in the Informal Economy” with the specified scope of employment/enterprise under Section 4.
- “Migrant Workers”, “Indigenous Peoples”, “Moro”, “Children”, “Senior Citizens”, “Persons with Disabilities”, and “Solo Parents” under Section 4.
“Substantive Equality” includes de jure and de facto equality and equality in outcomes under Section 4.
“Gender Equity,” “Gender and Development (GAD),” “Gender Mainstreaming,” “Temporary Special Measures,” “Violence Against Women,” “Women in the Military,” and “Social Protection” are defined under Section 4, including the temporary nature and discontinuation concept for preferential accelerations under the equality framework.

Core duties of the State

The State must act as the primary duty-bearer by refraining from discriminating and violating women’s rights, protecting women from discrimination and violations by private entities and individuals, and promoting and fulfilling women’s rights in all spheres under Section 5.
The State must fulfill these duties through law, policy, regulatory instruments, administrative guidelines, and other measures, including temporary special measures under Section 5.
The State must establish mechanisms for coherent and integrated implementation and enforcement of the Act and related laws to effectively stop discrimination and advance women’s rights under Section 5.
The duties extend to all state agencies, offices, instrumentalities at all levels, and government-owned and -controlled corporations under Section 6.
The law provides that Chapter III operates as suppletory to other provisions that specifically guarantee rights and define roles and conduct of state organs under Section 7.

Rights and empowerment of women

Women are entitled to all rights in the Constitution and rights recognized under international instruments ratified by the Philippines in consonance with Philippine law, enjoyed without discrimination under Section 8.
The State must protect all women from all forms of violence provided for in existing laws; government agencies must prioritize defense and protection and help women attain justice and healing under Section 9.
The law requires measures to prosecute and reform offenders under Section 9.
Over five (5) years, the State must incrementally increase recruitment and training of women in the police force, forensics and medico-legal, legal services, and social work services for women victims of gender-related offenses until fifty percent (50%) of personnel are women under Section 9.
Women have the right to protection and security in armed conflict and militarization; the State must protect women—particularly against rape, other sexual abuse, and violence in emergency/armed conflict—and must not force women, especially indigenous peoples, to abandon lands or relocate in discriminatory military special centers under Section 9.
Government personnel involved in protection and defense against gender-based violence must undergo mandatory training on human rights and gender sensitivity under Section 9.
Every barangay must establish a Violence Against Women’s Desk to ensure fully addressed cases in a gender-responsive manner under Section 9.
Women have a right to protection and security in disasters, calamities, and other crisis situations across relief, recovery, rehabilitation, and construction efforts under Section 10.
The State must provide immediate humanitarian assistance, allocate resources, and provide early resettlement if necessary, and must ensure a gentler perspective addressing sexual exploitation and sexual/gender-based violence, including pregnancy protection and services such as psychosocial, livelihood, education, and comprehensive health services under Section 10.
The State must undertake temporary special measures to accelerate participation and equitable representation of women in all spheres, including government and private decision-making, and to realize women as agents and beneficiaries of development under Section 11.
The law establishes specific affirmative action mechanisms under Section 11, including:
- Civil service: within five (5) years, women in third (3rd) level positions must be incrementally increased to achieve a fifty-fifty (50-50) gender balance.
- Development councils: at least forty percent (40%) of membership in development councils from regional to barangay levels must be composed of women.
- International bodies: measures to ensure women’s opportunity on equal terms to represent governments and participate in international organizations.
- Political parties: incentives for political parties with women’s agenda and encouragement of women integration in leadership hierarchy, internal policy-making structures, and appointive/electoral nominating processes.
- Private sector: measures to encourage women leadership through incentives.
The State must review and amend or repeal discriminatory laws within three (3) years from the Act’s effectivity under Section 12.
Education and training must be gender-responsive under Section 13, including:
- revising gender stereotypes in educational materials and curricula and using gender-sensitive language,
- pursuing capacity-building on GAD, peace and human rights, education for teachers, and education-sector participants,
- encouraging education-sector partnerships including private sector, churches, and faith groups,
- encouraging enrollment of women in nontraditional skills training at vocational and tertiary levels.
Expulsion and non-readmission of women faculty due to pregnancy outside marriage are outlawed; no school may refuse admission to a female student solely for pregnancy outside marriage during her term under Section 13.
Women and girl-children must be given programs for participation in sports to achieve excellence, physical and social well-being, eliminate gender-role stereotyping, and ensure equal access to full development benefits regardless of sex, gender identity, and similar factors under Section 14.
Sports-related organizations must create and integrate affirmative action and gender equality frameworks in planning, budgets, programs, and activities for women/girls’ sports participation under Section 14.
The State must provide material and nonmaterial incentives to LGUs, media organizations, and the private sector for promoting/training women and girls for sports participation, including events such as Palarong Pambansa, Southeast Asian Games, Asian Games, and Olympics under Section 14.
Sports events open to both sexes must not offer or award different sports prizes by value to women and men winners in the same sports category, and sports events must be divided into male or female divisions under Section 14.
Women and girls participating in sports must be ensured safety and well-being through comprehensive health and medical insurance coverage and integrated medical, nutritional, and healthcare services under Section 14.
Schools and learning institutions must consider total women student population in granting athletic scholarship and must implement pro rata representation based on women’s percentage in the student population under Section 14.
The State must eliminate discrimination in the military, police, and similar services by revising or abolishing policies restricting women from both combat and noncombat training open to men and from functions other than administrative tasks, and must ensure equal promotional privileges and opportunities, including pay increases, additional remunerations and benefits, and awards based on competency and performance under Section 15.
Women in the military and similar services must be accorded the same right to employment as men on equal conditions under Section 15.
Women in the military and similar services must have equal capacity as men to act in and enter contracts including marriage under Section 15.
Women in the military and similar services are entitled to maternity leave as provided for by existing laws under Section 15.
The State must formulate policies and programs with media organizations to advance women and raise public consciousness of women’s dignity and role/contributions through mass media under Section 16.
The State must ensure allocation of space, airtime, and resources to strengthen programming, production, and image-making presenting women’s needs/issues/concerns in all forms of media and advertising under Section 16.
The law requires regular training on gender equality and gender-based discrimination for media organizations and corporations, use of gender equality guidelines in management/training/production/information dissemination, and creation of a gender equality committee for gender mainstreaming monitoring and evaluation under Section 16.
The State must provide comprehensive, culture-sensitive, gender-responsive health services and programs covering all life cycle stages and addressing major causes of women’s mortality and morbidity under Section 17.
In providing health services, due respect must be accorded to women’s religious convictions, spouses’ right to found a family consistent with religious convictions, demands of responsible parenthood, and women’s right to protection from hazardous drugs/devices/interventions/substances under Section 17.
Access to specified health services must be ensured under Section 17, including maternal care (pre- and post-natal), breastfeeding promotion, ethical and safe family planning methods, youth sexuality education and health services with parents’ primary right/duty, reproductive tract infections and diseases (including HIV and AIDS), reproductive cancers (breast and cervical), prevention of abortion and management of pregnancy-related complications, comprehensive health services for violence victims including psychosocial/therapeutic/medical/legal interventions toward healing/recovery/empowerment, infertility and sexual dysfunction care pursuant to ethical norms and medical standards, care of elderly women, and mental health management for women and girls.
The State must encourage and promote healthy lifestyle activities as disease prevention strategies under Section 17.
The State must provide women timely and complete accurate health information and education in government education/training programs and must accord due regard to parents’ right/duty, children’s moral character development, ethics in sexuality formation, and ethical/legal/safe/effective family planning methods including fertility awareness under Section 17.
A woman employee with continuous aggregate employment service of at least six (6) months for the last twelve (12) months must be entitled to special leave benefit of two (2) months with full pay based on gross monthly compensation following surgery caused by gynecological disorders under Section 18.
The State must eliminate discrimination in marriage and family relations under Section 19, and must ensure equal rights including:
- equal rights to enter into and leave marriages or common law relationships under the Family Code without prejudice to personal or religious beliefs,
- equal right to freely choose a spouse and to marry only with free and full consent; betrothal and marriage of a child have no legal effect,
- joint decision-making on number and spacing of children and access to information/education/means to exercise those rights,
- equal personal rights between spouses/common law spouses including right to choose profession and occupation,
- equal rights to ownership, acquisition, management, administration, enjoyment, and disposition of property,
- equal rights to properties and resources whether titled or not and inheritance whether formal or customary,
- women’s equal rights with men to acquire/change/retain nationality, including that marriage to an alien or husband’s nationality change during marriage must not automatically change the wife’s nationality, render her stateless, or force her nationality to that of the husband.
The State must respect customary laws provided they do not discriminate against women under Section 19.

Rights and services for marginalized sectors

Women in marginalized sectors are guaranteed civil, political, social, and economic rights recognized and protected under existing laws, including Indigenous Peoples Rights Act, Urban Development and Housing Act, Comprehensive Agrarian Reform Law, Fisheries Code, Labor Code, Migrant Workers Act, Solo Parents Welfare Act, and Social Reform and Poverty Alleviation Act under Chapter V.
Food security and productive resources must be guaranteed with women’s active participation, ensuring availability in the market of safe and health-giving food with particular attention to poor girl-children and marginalized women, especially pregnant and lactating mothers and young children under Section 20.
The State must guarantee:
- Right to Food: availability in quantity and quality sufficient to satisfy dietary needs; physical and economic accessibility for everyone to adequate food that is culturally acceptable and free from unsafe substances; and accurate and substantial information about availability including full, accurate, truthful information about safe and health-giving foods and how to produce them with regular and easy access under Section 20.
- Right to Resources for Food Production: priority to women’s rights to land, credit, infrastructure support, technical training, and technology/marketing assistance; promotion of women-friendly technology; and proactive engagement strengthening access/use/receipt of accurate and substantial information on resources and livelihood means under Section 20.
Women and men must receive equal status/treatment in land and agrarian reform contexts under Section 20, including:
- equal status in titling land and issuance of stewardship contracts and patents,
- equal treatment in agrarian reform beneficiaries where the vested right of a woman agrarian reform beneficiary is defined by her relationship to tillage, i.e., direct and indirect contribution to land development,
- recognition of customary rights to land, including access to and control of fruits/benefits where private ownership is not possible (such as ancestral domain claims),
- information and assistance in claiming land rights made available to women at all times,
- equal rights to enjoy/use/manage land, water, and natural resources within communities or ancestral domains under Section 20.
Women and men must receive equal access to fisheries and aquatic resources and associated rights/benefits under Section 20, including:
- equal status in issuance of stewardship/lease agreements and fishery rights for coastal and aquatic resource use/management,
- equal treatment of women’s organizations in issuance of stewardship/lease agreements or fishery rights and support for women engaged in coastal resources,
- no discrimination in deputization of fish wardens.
Agriculture technology must be women-friendly and sustainable and designed based on accessibility/viability with consultation with women’s organizations under Section 20.
Access to small-farmer-based and controlled seeds production and distribution must be ensured and protected; indigenous women’s seed storage/cultivation practices must be recognized, encouraged, and protected under Section 20.
Women must be given equal rights to be members of farmers’ organizations for wider access/control of means of production under Section 20.
Opportunities must be provided to empower women fishers in controlling/managing not only catch and production but also entrepreneurial activities to add value to production and marketing ventures under Section 20.
The State must provide economic opportunities for indigenous women, particularly access to market for produce, under Section 20.
In enforcing these food-production provisions, legal requirements must be observed at all times under Section 20.
The State must develop housing programs for women that are localized, simple, accessible, secure, with potable water and electricity, viable employment opportunities, and affordable amortization; the State must consult women and involve them in community planning and development, especially for land use, zoning, and relocation under Section 21.
The State must progressively realize and ensure decent work standards for women under Section 22, involving jobs of acceptable quality in conditions of freedom, equity, security, and human dignity, and including labor protections and social protection for families, personal development and social integration, freedom to express concerns and organize/participate, and equality of opportunity/treatment.
Under Section 22, the State must ensure support services protecting women from occupational and health hazards considering maternal functions, support services to balance family and work responsibilities including day care centers and breastfeeding stations at the workplace, and maternity leave pursuant to the Labor Code and other laws.
Under Section 22, women must be ensured membership in unions regardless of employment status/place of employment, and workplace respect for indigenous peoples’ cultural practices.
The State must address causes of out-migration by developing local employment and economic opportunities for women and introducing measures to curb violence and forced/involuntary displacement of local women under Section 22.
The State must protect and promote rights and welfare of migrant women regardless of work status and protect them against discrimination in wages, working conditions, and employment opportunities in host countries under Section 22.
The State must ensure equal access to formal sources of credit and capital, equal share to produce of farms and aquatic resources, and employment opportunities for returning women migrant workers considering skills/qualifications under Section 23.
The State must promote skills and entrepreneurship development for returning women migrant workers under Section 23.
Under Section 24, the State must ensure women migrant workers have opportunity to undergo skills training before foreign jobs if they desire and possible retraining upon return; provide gender-sensitive training and seminars; and ensure equal scholarships opportunities based on merit and fitness, especially for those interested in research and development aimed toward women-friendly farm technology.
Under Section 25, the State must ensure women’s participation in policy-making/decision-making bodies at regional, national, and international levels and ensure grassroots women leaders participate in sectoral decision/policy bodies including specified councils/commissions and local housing boards.
Under Section 26, access to information regarding policies on women including programs, projects, and funding outlays affecting them must be ensured.
Under Section 27, the State requires social security support for indigenous and community-based social protection schemes through SSS and PhilHealth, and must institute policies/programs reducing poverty and vulnerability for marginalized women by promoting livelihood/employment, protecting against hazards and sudden loss of income, improving risk-management capacity, endeavoring to reduce transfer costs of remittances via bilateral/multilateral agreements, providing access to investment opportunities for remittances, establishing health insurance for senior citizens and indigents, and supporting women with disabilities on community-based social protection schemes.
The State must recognize and respect rights of Moro and indigenous women to practice, promote, protect, and preserve their culture and institutions and must adopt consultation-based measures to protect indigenous knowledge systems/practices, traditional livelihood, and manifestations of culture, provided such cultural systems and practices are not discriminatory to women under Section 28.
Under Section 29, the peace process must include increased women participation in peace discussions and decision-making (including peace panels and indigenous conflict resolution), inclusion of women’s welfare and concerns in the peace agenda, protection of civilians in conflict-affected communities with special consideration for women and girls’ needs, inclusion of peace perspective in education curriculum and educational undertakings, and recognition/support for women’s roles in conflict prevention, management, resolution, peacemaking, and indigenous conflict-resolution systems.
For purposes of Chapter V, Women in Especially Difficult Circumstances (WEDC) include victims and survivors of sexual and physical abuse, illegal recruitment, prostitution, trafficking, armed conflict, women in detention, victims and survivors of rape and incest, and other related circumstances that incapacitate them functionally; LGUs must deliver necessary services and interventions to WEDC under their jurisdictions under Section 30.
Under Section 31, WEDC must receive services and interventions including temporary and protective custody, medical and dental services, psychological evaluation, counseling, psychiatric evaluation, legal services, productivity skills capability building, livelihood assistance, job placement, financial assistance, and transportation assistance.
Under Section 32, the State must pursue measures eliminating discrimination against girl-children in education, health and nutrition, and skills development; protect girl-children from abuse and exploitation; ensure equal access of Moro and indigenous girl-children in Madaris, schools of living culture and traditions, and regular schools.
Under Section 32, the State must develop gender-sensitive curriculum including legal literacy and books and curriculum in Madaris and schools of living culture and traditions, and ensure regular schools are sensitive to Moro and indigenous practices such as fasting in Ramadan, choice of clothing including wearing hijab, and availability of halal food.
Under Section 33, the State must protect women senior citizens from neglect, abandonment, domestic violence, abuse, exploitation, and discrimination, and must ensure special protective mechanisms and support services against violence, sexual abuse, exploitation, and discrimination of older women.
Under Section 34, women are entitled to recognition and protection of their rights defined and guaranteed under the Act, including the right to non-discrimination.
Under Section 35, discrimination against women is prohibited: public and private entities and individuals that commit discrimination are subject to sanctions under Section 41, and violations of other women’s rights are subject to sanctions under pertinent laws and regulations.

Institutional mechanisms and gender mainstreaming

The law requires gender mainstreaming as a strategy for implementing the Act under Section 36 and directs the Philippine Commission on Women (PCW) to assess its gender mainstreaming program for consistency with Act standards within a period set in implementing rules and regulations.
Under Section 36, all departments (including attached agencies), offices, bureaus, state universities and colleges, government-owned and controlled corporations, and LGUs must adopt gender mainstreaming in systems, structures, policies, programs, processes, and procedures.
Under Section 36, GAD programs must be designed and implemented based on agency/LGU mandates and must proceed from gender audit and gender analysis, generation/review of sex-disaggregated data, and consultation with gender/women’s rights advocates and agency/women clientele.
Under Section 36, the cost of implementing GAD programs is the agency’s or LGU’s GAD budget of at least five percent (5%) of the agency’s/LGU’s total budget appropriations.
Under Section 36, government agencies receiving official development assistance must allocate and properly utilize overseas development assistance GAD funds (as framed through Republic Act No. 7192) and annually report accomplishments to NEDA and the PCW.
Under Section 36, the utilization and outcome of the GAD budget must be annually monitored and evaluated in terms of success in influencing gender-responsive implementation of agency programs funded by the remaining ninety-five percent (95%) budget.
Under Section 36, the Commission on Audit (COA) must conduct an annual audit on the use of the GAD budget to determine judicious use and efficiency/effectiveness of interventions addressing gender issues toward women empowerment and gender equality commitments.
Under Section 36, LGUs are encouraged to develop and pass a GAD Code based on local gender issues through consultation with women constituents; the GAD Code serves as basis for identifying GAD programs, activities, and projects.
Under Section 36, gender issues and concerns must be integrated in macro socioeconomic plans (including the Medium-Term Philippine Development Plan and Medium-Term Philippine Investment Plan), annual department plans, and local plans including executive-legislative agenda, CDP, CLUP, PDPFP, and annual investment plan.
Under Section 36, all departments and LGUs must create or strengthen the GAD Focal Point System (GFP) composed of the agency head/LCE and an executive committee with an Undersecretary or equivalent as chair, plus a technical working group/secretariat.
Under Section 36, GFP member tasks/functions must be part of their regular key result areas and considered in performance evaluation.
Under Section 36, all departments and LGUs must develop and maintain a GAD database containing gender statistics and sex-disaggregated data gathered systematically, updated regularly, and subjected to gender analysis.
Under Section 37, a gender focal point trained on GAD must be designated in the consular section of Philippine embassies/consulates, primarily to handle gender concerns of women migrant workers, with attached agencies cooperating to strengthen delivery of services.
Under Section 38, NCRFW is renamed as PCW, which becomes the primary policy-making and coordinating body for women and gender equality under the Office of the President, serving as overall monitoring and oversight for implementation of the Act, with authority to direct agencies to report and respond; the chairperson reports to the President in Cabinet meetings, and PCW shall revise structure/staffing pattern with DBM assistance to accomplish functions.
Under Section 39, the Commission on Human Rights (CHR), acting as Gender and Development Ombud consistent with mandate, must monitor compliance with women’s rights and non-discrimination duties, designate a commissioner and/or Women’s Human Rights Center to formulate/implement programs including investigations and complaints under the Act, establish guidelines and mechanisms facilitating access to legal remedies, assist in filing cases, and recommend administrative action to the President or Civil Service Commission for noncompliance.
Under Section 40, PCW with CHR must submit regular reports to Congress on progress and impact, with the second report including assessment of effectiveness and recommended amendments, and submission every three (3) years or as determined in implementing rules and regulations.

Penalties and liability for violations

Under Section 41, upon CHR finding that a department/agency/instrumentality, government-owned or controlled corporation, or LGU violated any provision of the Act and its implementing rules and regulations, the sanctions under administrative law, civil service, or other appropriate laws must be recommended to the Civil Service Commission and/or the Department of the Interior and Local Government.
Under Section 41, the person directly responsible for the violation