Gender and Development
GAD Constitutional Issuances
Republic Act 9710: Magna Carta of Women
The Magna Carta of Women (MCW) is a comprehensive women’s human rights law that seeks to eliminate discrimination through the recognition, protection, fulfillment, and promotion of the rights of Filipino women, especially those belonging in the marginalized sectors of the society. It conveys a framework of rights for women based directly on international law.
The MCW establishes the Philippine government’s pledge of commitment to the Convention on the Elimination of All Forms of Discrimination against Women’s (CEDAW) Committee in its 36th Session in 2006 and to the UN Human Rights Council on its first Universal Periodic Review in 2009. It is the local translation of the provisions of the CEDAW, particularly in defining gender discrimination, state obligations, substantive equality, and temporary special measures. It also recognizes human rights guaranteed by the International Covenant on Economic, Social and Cultural Rights (ICESCR).
Republic Act 7877: Anti-Sexual Harassment Act of 1995
What is Sexual Harassment?
Under RA 7877, work, education,or training related sexual harassment is “committed by an employer, employee, manager, supervisor, agent of the employer, teacher, instructor, professor, coach, trainor, or any person who, having authority, influence or moral ascendancy over another in a work or training or education environment, demands, requests or otherwise requires any sexual favor from the other, regardless of whether the demand, request or requirement for submission is accepted or not by the object of said act.”
Republic Act 8353: The Anti-Rape Law of 1997
The Anti-Rape Law of 1997 redefines rape as:
The law considers that any person, whether a prostituted person, non-virgin or one who has an active sexual life may be victimized by rape.
Anyone who has knowledge of the crime may file a case on the victim’s behalf.
The prosecution continues even if the victim drops the case or pardons the offender.
Republic Act 9262: Anti-Violence Against Women and their Children Act of 2004
It is a law the seeks to address the prevalence of violence against women and their children (VAWC) by their intimate partners like their husband or ex-husband, live-in partner or former live-in partner, boyfriend/girlfriend or ex-boyfriend/ex-girlfriend, dating partner or former dating partner.
Republic Act 9208: The Anti-Trafficking in Persons Act of 2003, as amended by RA 10364 also known as the Expanded Anti-Trafficking in Persons Act of 2012
What is Trafficking in Persons (TIP)?
Trafficking in persons is an illegal act and is considered a violation of human rights. It has three (3) inter-related and interdependent elements for a situation to be considered trafficking in persons:
- ACTS – It involves the recruitment, obtaining, hiring, providing, offering, transportation, transfer, maintaining, harboring, or receipt of persons with or without the victim’s consent or knowledge, within or across national borders;
- MEANS – It is committed by use of threat, or use of force, or other forms or coercion, abduction, fraud, deception, abuse of power or of position, taking advantage of the vulnerability of the person, or the giving or receiving of payments or benefits to achieve the consent of a person having control over another person; and
- PURPOSE – It is done for the purpose of exploitation or the prostitution of others or other forms of sexual exploitation, forced labor or services, slavery, involuntary servitude or the removal or sale of organs.