Article 40Labor and Agrarian Laws and Social Legislation, p. 40

LABOR LAWS AND SOCIAL LEGISLATION SPECIAL LAWS AND IMPLEMENTING RULES AND REGULATIONS

this Act. It encompasses de jure and de facto equality and

also equality in outcomes.

(f) "Gender Equality" refers to the principle asserting the

equality of men and women and their right to enjoy equal

conditions

realizing

their

full

human

potentials

to

contribute

to

and

benefit

from

the

results

of

development, and with the State recognizing that all

human beings are free and equal in dignity and rights.

(g) "Gender Equity" refers to the policies, instruments,

programs,

services,

and

actions

that

address

the

disadvantaged position of women in society by providing

preferential

treatment

and

affirmative

action.

Such

temporary special measures aimed at accelerating de

facto equality between men and women shall not be

considered discriminatory but shall in no way entail as a

consequence the maintenance of unequal or separate

standards. These measures shall be discontinued when

the objectives of equality of opportunity and treatment

have been achieved.

(h)

"Gender

and

Development

(GAD)"

refers

to the

development

perspective

and

process

that

are

participatory and empowering, equitable, sustainable,

free from violence, respectful of human rights, supportive

of

self-determination

and

actualization

of

human

potentials. It seeks to achieve gender equality as a

fundamental

value

that

should

be

reflected

in

development choices; seeks to transform society's social,

economic, and political structures and questions the

validity of the gender roles they ascribed to women and

men;

contends

that

women

are

active

agents

of

development

and

not

just

passive

recipients

of

development assistance; and stresses the need of women

to

organize

themselves

and

participate

in

political

processes to strengthen their legal rights.

(i) "Gender Mainstreaming" refers to the strategy for

making

women's

as

well

as

men's

concerns

and

experiences

an

integral

dimension

of

the

design,

implementation, monitoring, and evaluation of policies

and programs in all political, economic, and societal

spheres so that women and men benefit equally and

inequality

is

not

perpetuated.

It

is

the

process

of

assessing the implications for women and men of any

planned

action,

including

legislation,

policies,

or

programs in all areas and at all levels.

(j) "Temporary Special Measures" refers to a variety of

legislative,

executive,

administrative,

and

regulatory

instruments, policies, and practices aimed at accelerating

this de facto equality of women in specific areas. These

measures shall not be considered discriminatory but shall

in no way entail as a consequence the maintenance of

unequal

or

separate

standards.

They

shall

be

discontinued when their objectives have been achieved.

(k)

"Violence

Against

Women"

refers

to

any

act of

gender-based violence that results in, or is likely to result

in, physical, sexual, or psychological harm or suffering to

women,

including threats of such acts, coercion, or

arbitrary

deprivation of liberty, whether occurring in

public

or

in

private

life.

It

shall

be

understood

to

encompass, but not limited to, the following:

(1) Physical, sexual, psychological, and economic violence

occurring in the family, including battering, sexual abuse

of

female

children

in

the

household,

dowry-related

violence, marital rape, and other traditional practices

harmful to women, non-spousal violence, and violence

related to exploitation;

(2) Physical, sexual, and psychological violence occurring

within the general community, including rape, sexual

abuse, sexual harassment, and intimidation at work, in

educational

institutions

and elsewhere, trafficking in

women, and prostitution; and

(3)

Physical,

sexual,

and

psychological

violence

perpetrated or condoned by the State, wherever it occurs.

It

also

includes acts of violence against women as

defused in Republic Acts No. 9208 and 9262.

(l) "Women in the Military" refers to women employed in

the military, both in the major and technical services, who

are performing combat and/or noncombat functions,

providing security to the State, and protecting the people

from various forms of threat. It also includes women

trainees in all military training institutions.

(m) "Social Protection" refers to policies and programs

that seek to reduce poverty and vulnerability to risks and

enhance the social status and rights of all women,

especially the marginalized by promoting and protecting

livelihood and employment, protecting against hazards

and sudden loss of income, and improving people's

capacity to manage risk. Its components are labor market

programs, social insurance, social welfare, and social

safety nets.

CHAPTER III DUTIES RELATED TO THE HUMAN

RIGHTS OF WOMEN

The State, private sector, society in general, and all

individuals shall contribute to the recognition, respect,

and promotion of the rights of women defined and

guaranteed under this Act.

Section 5. The State as the Primary Duty-Bearer . - 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; and

(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.

Recognizing the interrelation of the human rights of

women, the State shall take measures and establish

mechanisms to promote the coherent and integrated

implementation, and enforcement of this Act and related

laws,

policies,

or

other

measures to effectively stop

discrimination against and advance the rights of women.

The State shall keep abreast with and be guided by

progressive developments in human rights of women

under international law and design of policies, laws, and

other measures to promote the objectives of this Act.

Section

6.

Duties

of

the

State

Agencies

and

Instrumentalities . - These duties of the State shall extend

to all state agencies, offices, and instrumentalities at all

levels

and

government-owned

and

-controlled

corporations, subject to the Constitution and pertinent

laws, policies, or administrative guidelines that define

specific duties of state agencies and entities concerned.

Section 7. Suppletory Effect . - This chapter shall be

deemed integrated into and be suppletory to other

provisions of this Act, particularly those that guarantee

specific rights to women and define specific roles and

require specific conduct of state organs.

CHAPTER IV RIGHTS AND EMPOWERMENT

Section 8. Human Rights of Women . - All rights in the

Constitution

and

those

rights

recognized

under

international instruments duly signed and ratified by the

Philippines, in consonance with Philippine law, shall be

rights of women under this Act to be enjoyed without

discrimination.

Section 9. Protection from Violence . - The State shall

ensure that all 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 offenses and

help women attain justice and healing.

© Compiled By RGL

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