Law Summary
Principles Governing Women's Human Rights
- Human rights are universal, inalienable, indivisible, interdependent, and interrelated.
- Equality of all individuals and non-discrimination based on gender, ethnicity, age, sexual orientation, and other statuses.
- Participation in decision-making processes related to their lives is a right of all individuals.
- States are accountable for upholding these rights and must provide legal remedies for violations.
Definitions of Key Terms
- "Women Empowerment": Access to opportunities and rights enabling women to participate fully in political, economic, social, and cultural development.
- "Discrimination Against Women": Any gender-based distinction or exclusion that impairs women's human rights and freedoms.
- "Marginalization" and "Marginalized": Exclusion from meaningful participation and vulnerability of certain groups including small farmers, fisherfolk, urban poor, indigenous peoples, migrants, solo parents, persons with disabilities, among others.
- "Substantive Equality" and "Gender Equality": Full equal enjoyment of rights and recognition of equality in dignity and treatment.
- "Gender Equity": Temporary measures to accelerate equality without creating separate or unequal standards.
- "Gender Mainstreaming": Integrating women’s and men’s concerns into all policy and program areas.
- "Violence Against Women": Any gender-based physical, sexual, psychological, or economic harm including state-perpetrated violence.
- Other terms include definitions of specific vulnerable groups, social protection, and GAD (Gender and Development).
Duties Related to Women's Human Rights
- The State is the primary duty-bearer to refrain from discrimination, protect women from violations by private and public actors, and promote women’s substantive equality.
- All state agencies and instrumentalities must comply with these duties.
- These general duties supplement specific provisions and guarantee implementation across the Act.
Rights and Empowerment of Women
- Women enjoy all human rights under Philippine Constitution and ratified international instruments without discrimination.
- Protection from violence is prioritized; police, legal, and medico-legal services will enhance women’s access.
- Incremental goal of 50% women representation in relevant government personnel involved in gender-based violence cases.
- Special protection in armed conflicts; prohibition against forced relocation and protection from gender-based violence.
- Local government units to establish Violence Against Women’s Desks at barangay level.
- Women have right to protection and security during disasters, including services for psychosocial, livelihood, health, and education needs.
- Affirmative action and temporary special measures to increase women’s participation in political, policy, and decision-making bodies, aiming at 50-50 civil service gender balance and 40% women membership in development councils.
- The State must review and repeal discriminatory laws within 3 years.
- Equal opportunities and elimination of gender stereotyping in education, scholarships, and training, including protection of pregnant students and faculty.
- Programs to promote women’s participation in sports with equal benefits and safety protections.
- Elimination of discrimination against women in military and security services including equal opportunities, training, benefits, and respect for personal dignity.
- Media to promote nondiscriminatory and nonderogatory portrayal of women; gender equality training and monitoring in media organizations.
- Comprehensive women’s health services covering all life stages, reproductive health, violence recovery, elderly care, and mental health.
- Special leave benefits for women undergoing gynecological surgery.
- Equal rights in marriage and family relations including free consent, property rights, inheritance, and nationality.
Rights and Empowerment of Marginalized Women Sectors
- Guarantees civil, political, social, and economic rights for marginalized women including indigenous, urban poor, fishers, farmers, migrant workers, and solo parents.
- Right to Food Security with attention to poor, pregnant, and lactating women.
- Equal rights to land, credit, technical assistance, natural resource management, and participation in fisheries and agriculture.
- Housing programs designed with women’s concerns including security, access to utilities, and employment opportunities.
- Decent work standards ensuring fair pay, security, work conditions, maternity benefits, union membership, and protection for migrant women.
- Access to livelihood, credit, technology, and opportunities particularly for returning women migrant workers.
- Access to education, skills training, and gender-sensitive programs for all women including migrants.
- Participation and representation in local, national, and international policy-making bodies.
- Access to information related to women’s policies and programs.
- Social protection mechanisms including support for indigenous and disabled women, remittance policies, senior citizens health, and poverty reduction initiatives.
- Recognition and preservation of cultural identity of indigenous and Moro women without discrimination.
- Peace process participation of women with emphasis on roles in conflict prevention, peace-making, and rehabilitation.
- Provision of essential services and interventions for women in especially difficult circumstances such as victims of abuse, trafficking, detention, and conflict.
- Protection of girl-children from discrimination, abuse, and provision of equal educational access including respect for cultural and religious practices.
- Protection and support for women senior citizens to prevent neglect and abuse.
- Women’s right to nondiscrimination and protection under this Act.
- Prohibition of discrimination against women by public and private entities with corresponding sanctions.
Institutional Mechanisms for Implementation
- Gender mainstreaming is the principal strategy mandated for all government agencies and units, including plans, budgets, programming, and monitoring.
- Establishment or strengthening of Gender and Development (GAD) Focal Point Systems in all agencies with defined roles and evaluation criteria.
- Development and maintenance of sex-disaggregated data and gender statistics for informed policy-making.
- Designation of Gender Focal Point Officers in Philippine embassies and consulates addressing migrant women concerns.
- Renaming of National Commission on the Role of Filipino Women (NCRFW) to Philippine Commission on Women (PCW) as the lead agency overseeing implementation.
- The Commission on Human Rights acts as Gender and Development Ombud with responsibilities including monitoring, assisting in legal remedies, and recommending administrative actions.
- Regular reporting to Congress on implementation progress, impact, and effectiveness every three years.
Penalties and Accountability
- Violations by government agencies lead to administrative sanctions; responsible officials are held liable.
- Private individuals/entities committing violations are liable for damages.
- Filing complaints does not preclude other legal remedies under existing laws protecting women and children.
- Aggravating penalties for state agent perpetrators of violence.
Incentives, Funding, and Implementation
- Establishment of an awards system to recognize outstanding performance in women’s rights and gender-responsive programs.
- Initial funding from existing agency budgets with ongoing inclusion in General Appropriations Act.
- Mandated allocation of at least 5% of agencies' total budget to GAD programs.
- The PCW leads formulation of implementing rules and regulations with wide inter-agency and civil society participation.
Legal Provisions
- Separability clause ensuring unaffected provisions remain valid if parts are invalidated.
- Repealing clause modifying or repealing conflicting laws.
- Effectivity clause sets the Act to take effect 15 days after publication in newspapers.