As we approach Human Rights Day on Dec. 10 and wind up the 18-day campaign against violence against women and children, I will highlight here key points in the Magna Carta of Women.
The Magna Carta is very much opposed to violence against women. At the same time, it support victims.
Under its Implementing Rules and Regulations, Rule IV Section 12 it states that the government “shall ensure that women shall be protected from all forms of violence as provided for in existing laws. Agencies of government shall give priority to the defense and protection of women against gender-based violence and help women attain justice and healing.”
For this to be done, it requires all barangays (to) establish a Violence Against Women Desk whose tasks include responding to gender-based violence cases brought to the barangay; assisting victims of VAW in securing Barangay Protection Orders and access to necessary services; coordinating with and referring cases to government agencies, non-government organizations, and other service providers; addressing other forms of abuse committed against women especially senior citizens, women with disabilities, and other marginalized groups; recording the number of gender-based violence handled by the barangay; developing the barangay’s gender-responsive plan in addressing gender-based violence, including support services, capacity building and referral system.
The Magna Carta lists “victims and survivors of sexual and physical abuse” among “women in especially difficult circumstances” who should be provided with a whole range of services including temporary and protective custody, medical services, psychological evaluation, counseling and many others.
We should really be grateful to all those who worked for the passage of this comprehensive law for women’s rights and welfare. Let us be aware of them, let us claim these rights. Let us use the law for our protection, and become free and fully alive.
Chapter I (General Provisions) Section 2 declares: The state affirms women’s rights as human rights and shall intensify its efforts to fulfill its duties under international and domestic law to recognize, respect, protect, fulfill, and promote all human rights and fundamental freedoms of women, especially marginalized women, in the economic, social political, cultural and other fields without distinction or discrimination on account of class, age, sex, gender, language, ethnicity, religion, ideology, disability, education, and status.
Chapter III (Duties Related to the Human Rights of Women) Section 5 states: The State, as the primary duty bearer, shall: a) refrain from discriminating against women and violating their rights; b) protect women against discrimination and from violation of their rights by private corporations, entities, and individuals; c) promote and fulfill the rights of women in all spheres, including their rights to substantive equality and non-discrimination. The State shall fulfill these duties through law, policy, regulatory instruments, administrative guidelines, and other appropriate measures, including temporary special measures.
Chapter IV (Rights and Empowerment) Section 10 on “Women Affected by Disasters, Calamities and Other Crisis Situations” declares: Women have the right to protection and security in times of disasters, calamities and other crisis situations especially in all phases of relief, recovery, rehabilitation and construction efforts. The State shall provide for immediate humanitarian assistance, allocation of resources and early resettlement, if necessary. It shall address the particular needs of women from a gender perspective to ensure their full protection from sexual exploitation and other sexual and gender-based violence committed against them. Responses to disaster situations shall include the provision of services, such as psychosocial support, livelihood support, education, psychological health services, including protection during pregnancy.
Section 17 talks about Women’s Right to Health: The State shall, at all times, provide for a comprehensive, and gender-responsive health services and programs covering all stages of a woman’s life cycle and which addresses the major causes of women’s mortality and morbidity.
Chapter V (Rights and Empowerment of Marginalized Sectors) discusses her right to the “resources of food production”, like her right to be a beneficiary of the agrarian reform program. “Equal rights to women to the enjoyment, use, and management of land, water, and other natural resources within their communities or ancestral domains”. “Women-friendly and sustainable agricultural technology shall be designed based on accessibility and viability in consultation women’s organizations”.
Section 22 (Right to Decent Work) states: Decent work involves opportunities for work that are productive and fairly remunerative as family living wage, security in the workplace, and social protection for families, better prospects for personal development and social integration, freedom for people to express their concerns, organize, participate in the decisions that affect their lives, and equality of opportunity and treatment for all women and men. It also asserts the need for “support services that will enable women to balance their family obligations and work responsibilities, including but not limited to the establishment of day care centers and breast-feeding stations at the workplace, and providing maternity leave pursuant to the Labor Code and other pertinent laws”.
Section 25 (Right to Representation and Participation) urges the government to ensure women’s participation in policy-making or decision-making bodies in the regional, national, and international levels.
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