My recommendations to the Magna Carta of Women Bill

OPINION AND RECOMMENDATIONS OF ATTY. ROWENA V. GUANZON[1]

ON THE SENATE BILL NO. 2396 AND HOUSE BILL NO. 4273 ENTITLED, “AN ACT PROVIDING FOR THE MAGNA CARTA OF WOMEN”

I am submitting this opinion to the Honorable Senate President, Senators and Members of the House of Representative regarding SB 2396 and HB No. 4273, both entitled, “ An Act Providing For the Magna Carta Of Women,” in my individual capacity. My opinion and recommendations are not those of the organizations where I am a member.

It is my view that a Magna Carta of Women should reflect not only the Philippines’ State obligations under international conventions and customary international law, specifically, on the rights of women, but also specific provisions that implement, protect and enable the fulfillment or the enjoyment of civil, social, political and economic human rights of women either by amending or repealing existing legislations that discriminate against women or which are obstacles to the full enjoyment of their human rights, or providing for women’s rights to political participation, economic empowerment as well as other rights. One of these provisions should be on sectoral participation of women in the Sangguniang Panlalawigan, Sangguniang Panglunsod, Sangguniang Bayan, and Sangguaniang Barangay, pursuant to the Local Government Code (RA 7610). One of my recommendations is the inclusion of several international conventions on the rights of women by their specific title, and a statement which provides that the Senate Bill and House Bill reflect the rights of women enshrined in these international conventions and are therefore part of domestic law. By having a Magna Carta of Women that specifies the international conventions protecting the rights of women in the State Policy or in its Preamble, the State obligations of the Republic of the Philippines under these international conventions to which it is a State party can be read into the domestic law. Courts and other organs of the State such as the Police and other law enforcer agencies, the Prosecution Service, national agencies, local government units, government officials both national and local, are duty-bound to comply with the State obligations, otherwise they commit wrongful conduct which is attributable to the Republic of the Philippines, as organs of the State. Aside from international conventions to which the Philippines is a State party, the

Philippines is also bound by customary international law, and Art. II of our Constitution states that generally accepted principles of international law are part of the law of the land. It is also important to note that these very important Bills should not in any way contravene State obligation under international conventions and customary international law, for the reason that a domestic law may not prevail over obligations of a State under international law, such as those under international conventions to which it is a State party. I attach, for the Honorable Senators’ and Representatives’ reference, is a short paper on the Articles of State Responsibilities.[2]

It is with these thoughts in mind that I am submitting my recommendation to revise the State Policy in Section 2 of SB No. 2396 and HB No. 4273, as well as some recommendations.

Recommendations of Prof. R.V. Guanzon

Note: Recommendations are in red ink or italics, if the recommendation is to delete words or phrases, they are enclosed by the symbol [ ]

RECOMMENDATION : SECTION 2. Declaration of Policy- Recognizing that the Constitution guarantees the full respect for human rights of women, the role of women in nation-building, and the fundamental equality of women and men;

Recognizing that the Philippines is a party to international conventions involving the rights of women and must comply with its State obligations under these conventions and the United Nations Charter which provides that no one must be discriminated against on ground of sex; Recognizing that the State must comply also with customary international law including the Universal Declaration on Human Rights, and that under the Constitution, generally accepted principles of international form part of the law of the land and is therefore part of domestic law and enforceable by our courts and other organs of the State;

Realizing the State is a party to international conventions that protect and promote the full enjoyment of women’s civil, social, cultural, political and economic human rights, including, the United Nations Charter, Convention on the Elimination of All Forms of Discrimination Against Women and its Optional Protocol, International Covenant on Economic, Social, and Cultural Rights, the International Covenant on Civil and Political Rights, Convention Against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment, Convention on the Political Rights of Women, the Convention on Consent to Marriage, Minimum Age for Marriage and Registration of Marriages, Convention for the Suppression of the Traffic in Persons and of the Exploitation of the Prostitution of Others and its Optional Protocol, and the Convention on the Rights of Persons with Disabilities; Recognizing that the provisions of any domestic law can not prevail over those of international conventions, nor can a State through its laws limit the scope of her international obligations;

The State, through this Magna Carta of Women of 2008, adopts the provisions of the above-mentioned international conventions and all others to which it is a State party as part of its domestic law, enforceable by its courts and all agencies of government and local governments;

(SB No. 4273) Sec. 2. The State affirms the role of women in nation building and shall ensure the substantive or fundamental equality of women and men. It shall promote the empowerment of women. [and pursue equal opportunities for women and men as well as ensure their equal access to resources and to development … and outcome.]FURTHER, THE STATE REALIZES THAT EQUALITY OF WOMEN AND MEN ENTAILS THE ABOLITION OF THE UNEQUAL STRUCTURES AND PRACTICES THAT PERPETUATE DISCRIINATION AND INEQUALITY. TO REALIZE THIS, THE STATE SHALL ENDEAVOR TO DEVELP PLANS, POLICIES, PROGRAMS, MEASURES AND MECHANISMS TO ADDRESS DISCRININATION AND INEQULAITY IN THE ECONOMIC, POLITICAL, SOCIAL AND CULTURAL LIFE OF WOMEN AND MEN

(sn No. 2396) The State condemns discrimination against women in all its forms and pursues by all appropriate means and without delay the policy of eliminating discrimination against women in keeping with the Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW) and other international conventions to which it is a State party. [instruments CONSISTENT WITH PHILIPPINE LAW. The State shall accord women the rights, protection, and opportunities available to every member of society.]

The State affirms women’s rights as human rights…. Especially MARGINALIZED WOMEN AND WOMEN WITH DISABILITIES, IN THE economic…. (SAME TEXT AS SB NO. 2396 , BUT “WOMEN WITH DISABILITIES WAS ADDED BECAUSE THER IS A CONVENTION ON THE RIGHTS OF PERSONS WITH DISABILITIES WHICH WAS RATIFED BY THE SENATE IN MAY 208. THE SENATE HAS NOT YET RATIFIED THE OPTIONAL PROTOCOL TO THE CRPD); The State shall provide the necessary mechanisms to enforce women’s rights AND adopt and undertake ALL LEGAL MEASURES NECESSARY TO FOSTER AND PROMOTE the equal OPPORTNITY FOR WOMEN TO PARTICPATE IN AND CONTRIBUTE TO THE DEVELOPMENT OF the political, economic, social, AND cultural REALMS . (SAME TEXT As SB No. 2396 BUT DELETE ALL OTHER WORDS AFTER BECAUSE THIS IS A STATE POLICY AND THE PROVISION ON RELIGIOUS BELIEFS MAY BE RESTATED UNDER PENALTIES FOR NON ENFORCEMENT BY GOVERNMENT OFFICERS AND EMPLOYEES, AND VIOLATIONS BY ANY PERSON)

(HB) The State, IN ENSURING THE FULL INTEGRATION OF WOMEN’S CONCERNS IN THE MAINSTREAM OF DEVELOLOPMENT, shall provide ample opportunities and enable women to enhance their skills, acquire productive employment and contribute to the their communities to the fullest of their capabilities;

(HB) In pursuance of this policy, the State recongnizes the right of women in all sectors to political participation, and their right to participate in policy formulation, planning, organization, implementation, management, monitoring, and evaluation of all programs and projects. IT SHALL SUPPORT POLICIES, RESEARCHES, TECHNOLOGY AND TRAINING PROGRAMS AND OTHER SUPPORT SERVICES SUCH AS FINANCING, PRODUCTION AND MARKETING TO ENCOURAGE ACTIVE PARTICIPATION OF WOMEN IN NATIONAL DEVELOPMENT.

[1] Professorial Lecturer, University of the Philippines College of Law; Steering Committee Member, Asia Cause Lawyers Network; Founding Member, Gender Justice Network and CEDAW Watch; Former City Mayor of Cadiz and former consultant on women’s rights to the Senate President (2004); Practicing Lawyer; Prof. Guanzon has an LLB from U.P., and has a Master in Public Administration from Harvard University. She participated in the UN Expert Group Meeting on Good Practices in Violence Against Women Legislations in UN Vienna in May 2008, upon the invitation of the UN Division for the Advancement of Women; She also delivered a talk as an expert on VAW legislation in the conference of the International Parliamentary Union in

Geneva in December 2008.

[2] Written by Christopher Ocampo, 3^rd Year student in the

U.P.

College of Law, who is a member of the Jessup International Moot Court Competition Team of the

U.P.

College of Law.

This entry was posted on Monday, March 2nd, 2009 at 3:14 pm and is filed under Gender and Law, Women's Rights. You can follow any responses to this entry through the RSS 2.0 feed. You can leave a response, or trackback from your own site.

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My recommendations to the Magna Carta of Women Bill

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