Article 45Labor and Agrarian Laws and Social Legislation, p. 45

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

Section 32. Protection of Girl-Children . - (a) The State

shall

pursue

measures

to

eliminate

all

forms

of

discrimination against girl-children in education, health

and nutrition, and skills development.

(b) Girl-children shall be protected from all forms of abuse

and exploitation.

(c) Equal access of Moro and indigenous girl-children in

the Madaris, schools of living culture and traditions, and

the regular schools shall be ensured.

(d) Gender-sensitive curriculum, including legal literacy,

books, and curriculum in the Madaris and schools of

living culture and traditions shall be developed.

(e) Sensitivity of regular schools to particular Moro and

indigenous practices, such as fasting in the month of

Ramadan, choice of clothing (including the wearing of

hijab ), and availability of halal food shall be ensured.

Section 33. Protection of Senior Citizens . - The State

shall

protect

women

senior

citizens

from

neglect,

abandonment, domestic violence, abuse, exploitation,

and discrimination. Towards this end, the State shall

ensure

special

protective

mechanisms

and

support

services against violence, sexual abuse, exploitation, and

discrimination of older women.

Section 34. Women are entitled to the recognition and

protection of their rights defined and guaranteed under

this Act including their right to nondiscrimination.

Section

35.

Discrimination

Against

Women

is

Prohibited . - Public and private entities and individuals

found to have committed discrimination against women

shall be subject to the sanctions provided in Section 41

hereof. Violations of other rights of women shall be

subject

to

sanctions

under

pertinent

laws

and

regulations.

CHAPTER VI INSTITUTIONAL MECHANISMS

Section 36. Gender Mainstreaming as a Strategy for

Implementing the Magna Carta of Women . - Within a

period

prescribed

in

the

implementing

rules

and

regulations, the National Commission on the Role of

Filipino

Women

(NCRFW)

shall

assess

its

gender

mainstreaming

program

for

consistency

with

the

standards under this Act. It shall modify the program

accordingly to ensure that it will be an effective strategy

for implementing this Act and attaining its objectives.

All

departments,

including

their

attached

agencies,

offices,

bureaus,

state

universities

and

colleges,

government-owned and -controlled corporations, local

government

units,

and

other

government

instrumentalities shall adopt gender mainstreaming as a

strategy

to

promote

women's

human

rights

and

eliminate

gender

discrimination

in

their

systems,

structures, policies, programs, processes, and procedures

which shall include, but not limited to, the following:

(a) Planning, budgeting, monitoring and evaluation for

GAD.

GAD

programs

addressing

gender

issues

and

concerns shall be designed and implemented based on

the

mandate

of

government

agencies

and

local

government units, Republic Act No. 7192, gender equality

agenda

of

the

government

and

other

GAD-related

legislation, policies, and commitments. The development

of GAD programs shall proceed from the conduct of a

gender audit of the agency or the local government unit

and a gender analysis of its policies, programs, services

and the situation of its clientele; the generation and

review of sex-disaggregated data; and consultation with

gender/women's rights advocates and agency/women

clientele. The cost of implementing GAD programs shall

be the agency's or the local government unit's GAD

budget which shall be at least five percent (5%) of the

agency's or the local government unit's total budget

appropriations.

Pursuant to Republic Act No. 7192, otherwise known as

the Women in Development and Nation Building Act,

which allocates five percent (5%) to thirty percent (30%) of

overseas development assistance to GAD, government

agencies

receiving

official

development

assistance

should ensure the allocation and proper utilization of

such

funds

to

gender-responsive

programs

that

complement the government GAD funds and annually

report

accomplishments

thereof

to

the

National

Economic and Development Authority (NEDA) and the

Philippine Commission on Women (PCW).

The utilization and outcome of the GAD budget shall be

annually monitored and evaluated in terms of its success

in influencing the gender-responsive implementation of

agency programs funded by the remaining ninety-five

percent (95%) budget.

The Commission on Audit (COA) shall conduct an annual

audit on the use of the GAD budget for the purpose of

determining its judicious use and the efficiency, and

effectiveness of interventions in addressing gender issues

towards the realization of the objectives of the country's

commitments,

plans,

and

policies

on

women

empowerment, gender equality, and GAD.

Local government units are also encouraged to develop

and pass a GAD Code based on the gender issues and

concerns

in

their

respective

localities

based

on

consultation with their women constituents and the

women's empowerment and gender equality agenda of

the government. The GAD Code shall also serve as basis

for identifying programs, activities, and projects on GAD.

Where needed, temporary gender equity measures shall

be provided for in the plans of all departments, including

their

attached

agencies,

offices,

bureaus,

state

universities

and

colleges,

government-owned

and

-controlled corporations, local government units, and

other government instrumentalities.

To move towards a more sustainable, gender-responsive,

and performance-based planning and budgeting, gender

issues and concerns shall be integrated in, among others,

the following plans:

(1) Macro socioeconomic plans such as the Medium-Term

Philippine

Development

Plan

and

Medium-Term

Philippine Investment Plan;

(2)

Annual plans of all departments, including their

attached agencies, offices, bureaus, state universities and

colleges,

and

government-owned

and

-controlled

corporations; and

(3) Local plans and agenda such as executive-legislative

agenda,

comprehensive

development

plan

(CDP),

comprehensive

land

use

plan

(CLUP),

provincial

development and physical framework plan (PDPFP), and

annual investment plan.

(b) Creation and/or Strengthening of the GAD Focal

Points (GFP). All departments, including their attached

agencies, offices, bureaus, state universities and colleges,

government- owned and -controlled corporations, local

government

units,

and

other

government

instrumentalities shall establish or strengthen their GAD

Focal Point System or similar GAD mechanism to catalyze

and accelerate gender mainstreaming within the agency

or local government unit.

The GAD Focal Point System shall be composed of the

agency

head

or

local

chief

executive,

an

executive

committee with an Undersecretary (or its equivalent),

local government unit official, or office in a strategic

decision-making

position

as

Chair;

and

a

technical

working group or secretariat which is composed of

representatives from various divisions or offices within

the agency or local government unit.

The tasks and functions of the members of the GFP shall

form part of their regular key result areas and shall be

given due consideration in their performance evaluation.

(c) Generation and Maintenance of GAD Database. All

departments, including their attached agencies, offices,

bureaus,

state

universities

and

colleges,

government-owned and - controlled corporations, local

government

units,

and

other

government

instrumentalities

shall

develop and maintain a GAD

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