Article 43Labor and Agrarian Laws and Social Legislation, p. 43

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

(e) the same rights for both spouses or common law

spouses

in

respect

of

the

ownership,

acquisition,

management, administration, enjoyment, and disposition

of property;

(f) the same rights to properties and resources, whether

titled

or

not,

and

inheritance,

whether

formal

or

customary; and

(g) women shall have equal rights with men to acquire,

change, or retain their nationality. The State shall ensure

in particular that neither marriage to an alien nor change

of nationality by the husband during marriage shall

automatically change the nationality of the wife, render

her stateless or force upon her the nationality of the

husband. Various statutes of other countries concerning

dual citizenship that may be enjoyed equally by women

and men shall likewise be considered.

Customary laws shall be respected: Provided , however ,

That they do not discriminate against women.

CHAPTER V RIGHTS AND EMPOWERMENT OF

MARGINALIZED SECTORS

Women in marginalized sectors are hereby guaranteed

all civil, political, social, and economic rights recognized,

promoted, and protected under existing laws including,

but not limited to, the Indigenous Peoples Rights Act, the

Urban

Development

and

Housing

Act,

the

Comprehensive Agrarian Reform Law, the Fisheries Code,

the Labor Code, the Migrant Workers Act, the Solo

Parents Welfare Act, and the Social Reform and Poverty

Alleviation Act.

Section 20. Food Security and Productive Resources . -

The State recognizes the contribution of women to food

production

and

shall

ensure

its

sustainability

and

sufficiency

with

the

active

participation

of

women.

Towards this end, the State shall guarantee, at all times,

the availability in the market of safe and health-giving

food to satisfy the dietary needs of the population, giving

particular

attention

to

the

specific

needs

of

poor

girl-children

and

marginalized

women,

especially

pregnant

and

lactating

mothers

and

their

young

children. To further address this, the State shall ensure:

(a)

Right

to

Food.

- The State shall guarantee the

availability of food in quantity and quality sufficient to

satisfy the dietary needs of individuals, the physical and

economic accessibility for everyone to adequate food that

is culturally acceptable and free from unsafe substances

and culturally accepted, and the accurate and substantial

information to the availability of food, including the right

to full, accurate, and truthful information about safe and

health-giving foods and how to produce and have regular

and easy access to them;

(b) Right to Resources for Food Production. - The State

shall guarantee women a vital role in food production by

giving

priority

to

their

rights

to

land,

credit,

and

infrastructure

support,

technical

training,

and

technological and marketing assistance. The State shall

promote women-friendly technology as a high priority

activity in agriculture and shall promote the right to

adequate

food

by

proactively

engaging

in activities

intended to strengthen access to, utilization of, and

receipt

of

accurate

and

substantial

information

on

resources

and

means

to ensure women's livelihood,

including food security:

(1) Equal status shall be given to women and men,

whether married or not, in the titling of the land and

issuance of stewardship contracts and patents;

(2) Equal treatment shall be given to women and men

beneficiaries of the agrarian reform program, wherein the

vested right of a woman agrarian reform beneficiary is

defined by a woman's relationship to tillage, i.e. , her direct

and indirect contribution to the development of the land;

(3) Customary rights of women to the land, including

access to and control of the fruits and benefits, shall be

recognized in circumstances where private ownership is

not possible, such as ancestral domain claims:

(4) Information and assistance in claiming rights to the

land shall be made available to women at all times;

(5) Equal rights to women to the enjoyment, use, and

management of land, water, and other natural resources

within their communities or ancestral domains;

(6) Equal access to the use and management of fisheries

and aquatic resources, and all the rights and benefits

accruing to stakeholders in the fishing industry;

(7) Equal status shall be given to women and men in the

issuance of stewardship or lease agreements and other

fishery rights that may be granted for the use and

management of coastal and aquatic resources. In the

same manner, women's organizations shall be given

equal

treatment

as

with

other

marginalized

fishers

organizations in the issuance of stewardship or lease

agreements or other fishery rights for the use and

management of such coastal and aquatic resources

which

may

include

providing

support

to

women-engaged coastal resources;

(8) There shall be no discrimination against women in the

deputization of fish wardens;

(9)

Women-friendly

and

sustainable

agriculture

technology shall be designed based on accessibility and

viability in consultation with women's organizations;

(10) Access to small farmer-based and controlled seeds

production

and

distribution

shall

be

ensured

and

protected;

(11) Indigenous practices of women in seed storage and

cultivation

shall

be

recognized,

encouraged,

and

protected;

(12) Equal rights shall be given to women to be members

of farmers' organizations to ensure wider access to and

control of the means of production;

(13) Provide opportunities for empowering women fishers

to be involved in the control and management, not only

of the catch and production of aquamarine resources but

also, to engage in entrepreneurial activities which will

add value to production and marketing ventures; and

(14) Provide economic opportunities for the indigenous

women. particularly access to market for their produce.

In the enforcement of the foregoing, the requirements of

law shall be observed at all times.

Section 21. Right to Housing . - The State shall develop

housing programs for women that are localized, simple,

accessible, with potable water, and electricity, secure,

with viable employment opportunities and affordable

amortization.

In

this

regard,

the State shall consult

women and involve them in community planning and

development, especially in matters pertaining to land use,

zoning, and relocation.

Section 22. Right to Decent Work . - The State shall

progressively realize and ensure decent work standards

for women that involve the creation of jobs of acceptable

quality in conditions of freedom, equity, security, and

human dignity.

(a) 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.

(b) The State shall further ensure:

(1) Support services and gears to protect them from

occupational and health hazards taking into account

women's maternal functions;

(2) 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

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