University of Batangas
College of Law
ABSTRACT
CEDAW: 30 YEARS AFTER
TITLE:
COMPLIANCE OF THE PHILIPPINES WITH THE STATE
OBLIGATIONS PURSUANT TO THE CONVENTION ON THE
ELIMINATION OF DISCRIMINATION AGAINST WOMEN AND
ITS OPTIONAL PROTOCOL
RESEARCHER
MARIA CONCEPCION R. HERNANDEZ
COLLEGE
COLLEGE OF LAW
YEAR
FOURTH YEAR
COURSE
DOCTOR OF JURISPRUDENCE
NO. OF PAGES
126
INTRODUCTION
"The full and complete development of a country, the welfare of the world
and the cause of peace require the maximum participation of women on equal
terms with men in all fields.”1
Imagine a world where women are barred from the practice of law and from any other
activity where their participation is curtailed on the sole basis of gender. Unfathomable as it may
seem, if Chief Justice G. Edward of the Supreme Court of Wisconsin would have his way today
as he had back in 1875, there would have been no female lawyers and no reason for the
production of this study. He denied the first application of a female for admission to the bar of
that court, on the theory that the law of nature destines and qualifies the female sex only for the
bearing of the children and custody of the homes.2 The Justice wrote:
1
CEDAW, Preamble.
2
Cleary, Catherine B., “Lavinia Goodell, First Woman Lawyer in Wisconsin.” Wisconsin Magazine of History (1991).
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“(I)t is public policy to provide for the sex, not for its superfluous
members; and not to tempt women from the proper duties of their sex by opening
to them duties peculiar to ours. There are many employments in life not unfit for
female character. The profession of law is surely not one of these.” 3
Several years after, women still suffer from the glaring aspects of gender inequality like
the practices of genital mutilation, wife-burning, female infanticide, vaginal sewing, among
others. Filipino women, like other women all over the world, share essentially the same problem
of inequality, though of various forms. Women are confronted by a legacy of structures of
inequality which are reinforced by structures and perceptions that produce a seemingly unending
cycle.4 This situation retards the pace of their own personal development, relegates them largely
to the reproductive sphere of life, affords them minimal chances or fails to harness their full
potential for national development. This cycle must be broken if women are to be effectively
mobilized for development.5
There are several theories pertaining to the origins of various perspectives that resulted to
the marginalization of women. One of which is biological determinism which posit that gender
differences in aptitude, abilities and social behavior such as gender role attribution, occupational
preferences, and career versus family orientation, are largely biologically determined. 6
It upholds the belief that because the reproductive system is by nature a characteristic of
the female sex, women's physical make-up is consequently more delicate. Women are, therefore,
viewed as being too weak to take on strenuous activities unlike men who have sturdier physiques
and are thus able to take on heavier tasks. The masculine/feminine personality and role divisions,
which emerged from the perspective of biological determinism, are reified and transmitted from
3
39 Wis. 232 (1875).
4
Senator Jinggoy Ejercito Estrada, Senate Bill 529, Explanatory Note, p.1.
5
National Commission on the Role of Filipino Women, Plan Framework of the Philippine Plan for Gender-Responsive Development 1995-2025,
(Manila, Philippines: 1996).
6
Celia B.Fisher and Richard M. Lerner, Encyclopedia of Applied Developmental Science, (California, USA: 2005) Volume 2, p.760.
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College of Law
one generation to another, thereby reproducing a societal system that discriminates against
women and subsists on the basis of a double standard.7
In fact, in the Philippine language structure, while the Tagalog noun word “work”
(trabaho) does not have gender, culture dictates that some jobs are perceived to be for women
and some for men. Dominantly male or leaning towards a male association were terms related to
strength and heavy work (ex. karpintero). The results also validate the myth of women being the
weaker sex, suited for decorative or peripheral functions, (ex. sekretarya).8
Because women possess the sole capacity to bear children, they are considered as the
natural persons to take on childcare and child-rearing functions. This makes them the logical
caretakers of the home, producing the "woman's place is in the domestic sphere while men
dominate the public arena" perception, a distinction that has an immense impact on the overall
development of women and men.9 This theory is tested in the public service arena where male
domination can be gleaned from the bare facts.10 While it is true that expresses restrictions are
not imposed against women from entering politics, evidenced by the Chief Executive post held
by a woman twice, on separate tenures (Corazon C. Aquino in 1986-1992 and Gloria M. Arroyo
in 2001-2010), still the problem of under-representation in government and leadership posts
cannot be denied. In 1995, when Republic Act 794111 was passed, it adopted the party-list
system intending to promote proportional representation in the election of representatives in the
House of Representatives and expressly categorized women as among the beneficiaries
composing of the so-called “marginalized and underrepresented sector”.12
7
Elena Masilungan and National Commission on the Role of Filipino Women, The Rationale Behind Gender Mainstreaming, (Manila,
Philippines: 2001), p.9.
Remedios Z. Miciano, “Overt and Covert Gender in Tagalog and Perception of Job-Related Terms”, Kasarinlan, (2001) Volume 16, No. 1,
p.245.
8
9
National Commission on the Role of Filipino Women, Plan Framework of the Philippine Plan for Gender-Responsive Development 1995-2025,
(Manila, Philippines: 1996).
Dahlerup Drude “Strategies to Enhance Women’s Political Representation in Different Electoral Systems”, Gender, Governance and
Democracy, Isis International-Manila, Monograph Series 1, Volume1, 2005.
10
11
An Act Providing for the Election of Party-List Representatives through the Party-List System, and Appropriating Funds therefor, March 3,
1995.
12
Republic Act 7941, Sec. 2. Declaration of Policy
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Apart from under-representation, Presidential Adviser on the Peace Process Teresita
Quintos-Deles cited “double burden” as another issue to be addressed to improve the lives of
women in the country. Double burden pertains to the result when men and women share equal
workload to earn money, but at the end of the day, after a day of drudgery, the women are still
the ones who need to tend to household chores.13 With women managing the homes, male
workers are relieved domestic tasks to take on income-earning activities and therefore, able to
fully participate in economic, political and cultural endeavors. Hence, a relatively low rate in
labor force participation.
It is then safe to assume that the long-standing perceptions in disparity that has permeated
the political and economic aspects of life and continues to subsist, has also affected the nature of
the legal system, which forms part of the culture of a community that reflects the history of
subordination of women. The arrival of the Spaniards and the introduction of the Civil Code only
institutionalized the inequality that existed then between the sexes by the imposition of various
restraints on women's behavior. The woman was subjected to her father, brother, or husband's
power not only with respect to property matters but also as to what actions she could or could not
take.14 The Election Act15 permitted only male persons to vote.
Interestingly, when Sen. Miriam Defensor-Santiago was still an RTC Judge in the NCR,
she wrote an article for the ASEAN Women Judges Conference and recounted the kind of
discrimination a woman must contend with when she enters the world of lawyering and moves
on to become a judge. She claimed, from the time she applies for a slot in a college of law, to
being a student of law, to practicing it, and helping to interpret it, a woman’s competence and
confidence are continuously deemed suspect simply because she is a woman. A female law
student is sometimes made the butt of classroom jokes by professors, whose sexist sense of
humor think it amusing to call on a female student to recite a case involving a crime against
13
http://opapp.gov.ph/news/deles-cites-gender-inequality-vaw-issues-conflict-areas , March 14, 2011.
Jacqueline O. Lopez, “Breaking The Bondage Of Discrimination: A Survey Of Protective Legislations Advancing The Rights Of Women, UST
Law Review, (UST, Manila: January-December 2005), Vol. XLIX , p.2.
14
15
Act No. 1582, Section 14, enacted on January 9, 1907
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chastity or an offense against decency and good customs. All this is allegedly meant to steel the
female student for the harsh facts of life in the courtroom.16
Today, discrimination persists despite legal rights being granted to women in the
Philippines and in many countries, and women's access to legal rights are curtailed by denial of
women's rights to economic and social development. Hence the International Community should
bridge the traditional divisions between civil and political and socio-economic rights and it
should mandate both legal and development policy measures to guarantee the rights of women. It
became imperative to establish the particular dynamics of relationship between the State and
women where women are no longer dependent on the goodwill or vagaries of the State, but one
whereby the State has responsibilities to women from which it cannot withdraw.17
STATEMENT OF THE PROBLEM
This thesis aims to analyze the extent of compliance the Philippines has accomplished
pursuant to the State Obligations indicated in the CEDAW, 30 years after becoming a State Party
signatory to the convention. The analysis shall be undertaken in light of the adherence the State
accords to the Optional Protocol giving CEDAW Committee the competence to receive and
consider complaints from women who have failed to seek redress from their own government,
with the landmark case of rape victim, KTV. Specifically, this research endeavor is geared on
providing answers to the following questions:
1. What are the effects of ratification of the Philippines pertaining to the following?
a. CEDAW
b. Optional Protocol to CEDAW
c. Compliance mechanisms set by CEDAW Committee
2. How adequately did the Philippine Government incorporate the provisions of CEDAW
into its legal system since its successive ratification, specifically on the following:
Miriam Defensor-Santiago, Special Problems of the Legal Culture Pertaining to Women in the Judiciary – Philippines, Quezon City,
Philippines 1987, pp.65-66.
16
17
International Women’s Rights Action Watch Asia Pacific, “Why CEDAW?”, http://www.iwraw-ap.org/using_cedaw/why.htm.
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a. 1987 Philippine Constitution (ratified February 2, 1987);
b. Act No. 3815: Revised Penal Code (effective January 1, 1932);
c. Republic Act 386: New Civil Code (effective August 30, 1950);
d. Presidential Decree 442: Labor Code (effective May 1, 1974);
e. Rules of Court (effective July 1, 1997) and other related Statutory Enactments
concerning Court Procedures;
f. Other Gender-Enabling Laws/Statutory Enactments;
3. How can the Philippine legal system further improve its compliance with the CEDAW in
the laws aforementioned?
SUMMARY OF FINDINGS
The Philippines is duty duty-bound to systematically and continuously implement all the
provisions of CEDAW and OP-CEDAW since their ratification some 30 years ago in order to
eliminate all forms of discrimination.
CEDAW as a definitive international human rights instrument requiring respect for and
observance of the human rights of women is universal in reach, comprehensive in scope and
legally binding in character. It defines what constitutes discrimination against women and sets up
an agenda for national action to end such discrimination. CEDAW contains human rights
standards for women and girls in the civil, political, economic, social, cultural, and any other
area. This comprehensive scope underlines the interdependence and indivisibility of human
rights. The Convention aims at the universal enjoyment of these rights by all women, in all parts
of the world, in public and in private life. The Convention creates binding legal obligations to
pursue by all appropriate means and without delay a policy of eliminating discrimination against
women.
On the other hand, OP-CEDAW created mechanisms to ensure implementation of
CEDAW by providing an opportunity for specific redress when a State violates women’s rights.
Adherence to the OP-CEDAW grants the right to petition, as well as of an inquiry procedure.
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The KTV Case is the sole case employing the Communications Procedure which was
favorably decided in favor of the author of the Communication.
Since the ratification, the Philippines has undertaken several steps in compliance with the
State Obligations pursuant to CEDAW characterized by significant progress in the recognition
and implementation of human rights of women. The legal framework for equality has been
strengthened, ensuring that de jure equality for women is now better established. Progress has
also been made in putting in place institutional mechanisms that act as catalysts for the
promotion and protection of the human rights of women in pursuance of de facto compliance.
CONCLUSION
With the studies, statistics and reported cases provided, it can be concluded that the
country has not achieved full compliance with the State Obligations. Thus, it can be reasonably
gainsaid that with a substantial review of State Obligations, there are performance gaps that need
to be addressed in order to avoid another KTV case in the future.
A. The incorporation of the principle of equality of men and women in their legal system,
abolishing all discriminatory laws and adopt appropriate ones prohibiting discrimination
1987 Constitution
against women
Existing Law
Article II, Section 14. The State
recognizes the role of women in nationbuilding, and shall ensure the
fundamental equality before the law of
women and men.
Article XIII, Section 14. The State shall
protect working women by providing
safe and healthful working conditions,
taking into account their maternal
CEDAW Compliance
Article 2
States Parties condemn discrimination
against women in all its forms, agree to
pursue by all appropriate means and without
delay a policy of eliminating discrimination
against women and, to this end, undertake:
(a) To embody the principle of the equality
of men and women in their national
constitutions or other appropriate legislation
if not yet incorporated therein and to ensure,
through law and other appropriate means, the
practical realization of this principle;
Article 11
1.States Parties shall take all appropriate
measures to eliminate discrimination against
women in the field of employment in order
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functions, and such facilities and
opportunities that will enhance their
welfare and enable them to realize their
full potential in the service of the nation.
Article XIII, Section 11. The State shall
adopt an integrated and comprehensive
approach to health development which
shall endeavor to make essential goods,
health and other social services available
to all the people at affordable cost. There
shall be priority for the needs of the
under-privileged, sick, elderly, disabled,
women, and children. The State shall
endeavor to provide free medical care to
paupers.
RPC
Repeal of Article 335 through RA 8353
(Anti-Rape Law of 1997)
RA 7610 defining attempt to commit
child trafficking as to include recruiting
women or couples to bear children for
the purpose of child trafficking;
preferential treatment to expectant or
nursing mothers.
RA 9262 gravely punishing domestic
violence and providing Battered Women
Syndrome as a defense against criminal
and civil liability;
RA 9208 alleviating the problem on
human trafficking, especially of women,
by imposing stricter measures to protect
against involuntary migration or
servitude of people;
to ensure, on a basis of equality of men and
women, the same rights, in particular: x x x
(f) The right to protection of health and to
safety in working conditions, including the
safeguarding of the function of reproduction.
Article 12
1. States Parties shall take all appropriate
measures to eliminate discrimination against
women in the field of health care in order to
ensure, on a basis of equality of men and
women, access to health care services,
including those related to family planning.
2. Notwithstanding the provisions of
paragraph I of this article, States Parties shall
ensure to women appropriate services in
connection with pregnancy, confinement and
the post-natal period, granting free services
where necessary, as well as adequate
nutrition during pregnancy and lactation.
Article 2
States Parties condemn discrimination
against women in all its forms, agree to
pursue by all appropriate means and without
delay a policy of eliminating discrimination
against women and, to this end, undertake:
(g) To repeal all national penal provisions
which constitute discrimination against
women.
Article 2
States Parties condemn discrimination
against women in all its forms, agree to
pursue by all appropriate means and without
delay a policy of eliminating discrimination
against women and, to this end, undertake:
(b) To adopt appropriate legislative and other
measures, including sanctions where
appropriate, prohibiting all discrimination
against women;
Article 6
States Parties shall take all appropriate
measures, including legislation, to suppress
all forms of traffic in women and
exploitation of prostitution of women.
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Family Code
College of Law
RA 6955 outlaws the practice of
matching Filipino women for marriage to
foreign nationals on a mail-order basis;
Art. 69. The husband and wife shall fix
the family domicile.
Art. 96. The administration and
enjoyment of the community property
shall belong to both spouses jointly. Xxx
Art. 225. The father and the mother shall
jointly exercise legal guardianship over
the property of the unemancipated
common child without the necessity of a
court appointment. Xxx
Art. 70. The spouses are jointly
responsible for the support of the family.
The expenses for such support and other
conjugal obligations shall be paid from
the community property and, in the
absence thereof, from the income or
fruits of their separate properties. In case
of insufficiency or absence of said
income or fruits, such obligations shall
be satisfied from the separate properties.
Art. 71. The management of the
household shall be the right and the duty
of both spouses. The expenses for such
management shall be paid in accordance
with the provisions of Article 70.
Art. 73. Either spouse may exercise any
legitimate profession, occupation,
business or activity without the consent
of the other. The latter may object only
on valid, serious, and moral grounds.
Article 16
1. States Parties shall take all appropriate
measures to eliminate discrimination against
women in all matters relating to marriage
and family relations and in particular shall
ensure, on a basis of equality of men and
women: x x x
(c) The same rights and responsibilities
during marriage and at its dissolution;
(d) The same rights and responsibilities as
parents, irrespective of their marital status, in
matters relating to their children; in all cases
the interests of the children shall be
paramount; x x x
(f) The same rights and responsibilities with
regard to guardianship, wardship, trusteeship
and adoption of children, or similar
institutions where these concepts exist in
national legislation; in all cases the interests
of the children shall be paramount;
(g) The same personal rights as husband and
wife, including the right to choose a family
name, a profession and an occupation;
(h) The same rights for both spouses in
respect of the ownership, acquisition,
management, administration, enjoyment and
disposition of property, whether free of
charge or for a valuable consideration.
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Labor Code
College of Law
Article IV, Section 1. The following are
citizens of the Philippines:
1. Those who are citizens of the
Philippines at the time of the adoption of
this Constitution;
2. Those whose fathers or mothers are
citizens of the Philippines;
3. Those born before January 17, 1973,
of Filipino mothers, who elect Philippine
citizenship upon reaching the age of
majority; and
4. Those who are naturalized in
accordance with law.
Article 135. Discrimination prohibited. It
shall be unlawful for any employer to
discriminate against any woman
employee with respect to terms and
conditions of employment solely on
account of her sex.
The following are acts of discrimination:
(a) Payment of a lesser compensation,
including wage, salary or other form of
remuneration and fringe benefits, to a
female employee as against a male
employee, for work of equal value; and
(b) Favoring a male employee over a
female employee with respect to
promotion, training opportunities, study
and scholarship grant solely on account
of their sexes.
Criminal liability for the willful
commission of any unlawful act as
provided in this article or any violation of
the rules and regulations issued pursuant
to Section 2 hereof shall be penalized as
provided in Articles 288 and 289 of this
Code: Provided, That the institution of
any criminal action under this provision
shall not bar the aggrieved employee
from filing an entirely separate and
distinct action for money claims, which
may include claims for damages and
other affirmative reliefs. The actions
hereby authorized shall proceed
independently of each other.
Article 9
1. States Parties shall grant women equal
rights with men to acquire, change or retain
their nationality. They 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.
2. States Parties shall grant women equal
rights with men with respect to the
nationality of their children.
Article 11
1. States Parties shall take all appropriate
measures to eliminate discrimination against
women in the field of employment in order
to ensure, on a basis of equality of men and
women, the same rights, in particular:
(a) The right to work as an inalienable right
of all human beings;
(b) The right to the same employment
opportunities, including the application of
the same criteria for selection in matters of
employment;
(c) The right to free choice of profession and
employment, the right to promotion, job
security and all benefits and conditions of
service and the right to receive vocational
training and retraining, including
apprenticeships, advanced vocational
training and recurrent training;
(d) The right to equal remuneration,
including benefits, and to equal treatment in
respect of work of equal value, as well as
equality of treatment in the evaluation of the
quality of work;
(e) The right to social security, particularly in
cases of retirement, unemployment, sickness,
invalidity and old age and other incapacity to
work, as well as the right to paid leave;
(f) The right to protection of health and to
safety in working conditions, including the
safeguarding of the function of reproduction.
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Gender Equality Law
Rules of Court and Other Statutory
Enactments on Court Procedures
College of Law
Repeal of Articles 130 and 131 by
enacting RA 10151:Employment of
Night Workers
RA 8505 for the assistance and
protection to victims of rape
Article 2
States Parties condemn discrimination
against women in all its forms, agree to
pursue by all appropriate means and without
delay a policy of eliminating discrimination
against women and, to this end, undertake:
(c)
To establish legal protection of the
rights of women on an equal basis with men
and to ensure through competent national
tribunals and other public institutions the
effective protection of women against any
act of discrimination;
(f)
To take all appropriate measures,
including legislation, to modify or abolish
existing laws, regulations, customs and
practices which constitute discrimination
against women;
RA 7192 or the “Women in Development Article 7
and Nation-building Act”
States Parties shall take all appropriate
measures to eliminate discrimination against
women in the political and public life of the
country and, in particular, shall ensure to
women, on equal terms with men, the
right:xxx
(b) To participate in the formulation of
government policy and the implementation
thereof and to hold public office and perform
all public functions at all levels of
government;
(c) To participate in non-governmental
organizations and associations concerned
with the public and political life of the
country.
RA 6949 declaring March 8 of every
Article 3
year as a working holiday to be known as States Parties shall take in all fields, in
National Women's Day
particular in the political, social, economic
and cultural fields, all appropriate measures,
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RA 9710 or the “Magna Carta of
Women”
including legislation, to en sure the full
development and advancement of women ,
for the purpose of guaranteeing them the
exercise and enjoyment of human rights and
fundamental freedoms on a basis of equality
with men.
RECOMMENDATION
With the above-cited Conclusions, the Legislature must endeavor to repeal the following
discriminatory provisions of existing laws and formulate and adopt new legislations that promote
1987 Constitution
women's empowerment and gender equality:
Existing Law
Article X, Section 9. Legislative
bodies of local governments shall have
sectoral representation as may be
prescribed by law.
Weakness: Not self-executing
ACTION
Passage of
legislation
enacting the Local
Sectoral
Representation
SEC.15. The State shall protect and
promote the right to health of the
people and instill health consciousness
among them.
Weakness: Not self-executing
Passage of
legislation
enacting the
Reproductive
Health Bill
CEDAW Compliance
Article 7
States Parties shall take all
appropriate measures to
eliminate discrimination
against women in the
political and public life of
the country xxx
Article 12
1. States Parties shall take
all appropriate measures to
eliminate discrimination
against women in the field
of health care in order to
ensure, on a basis of
equality of men and
women, access to health
care services, including
those related to family
planning.
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Family Code
College of Law
Art. 45. A marriage may be annulled
for any of the following causes,
existing at the time of the marriage: x
xx
(3) That the consent of either party
was obtained by fraud, unless such
party afterwards, with full knowledge
of the facts constituting the fraud,
freely cohabited with the other as
husband and wife;
Amendment of the
provision to
become more
gender-fair by
imputing liability
to either spouse:
1.States Parties shall take
all appropriate measures to
eliminate discrimination
against women in all
matters relating to marriage
and family relations and in
particular shall ensure, on a
“concealment of
basis of equality of men
the spouse of the
and women:
fact that at the
(a) The same right to enter
time of the
into marriage;
marriage, the wife (b) The same right freely to
was pregnant by a choose a spouse and to
man other than her enter into marriage only
husband or the
with their free and full
consent;
husband has
(c) The same rights and
impregnated a
woman other than responsibilities during
marriage and at its
her wife, as the
case maybe.”
dissolution;
Article 135. Discrimination
prohibited. It shall be unlawful for any
employer to discriminate against any
woman employee with respect to
terms and conditions of employment
solely on account of her sex.
Weakness: Incomplete
Passage of
legislation
classifying as
discrimination,
thus unlawful, the
act of hiring or
indicating
preference based
on sex, and
advertising/
promoting the
same;
Enactment of law
mandating gender
quotas in
workplace
1. States Parties shall take
all appropriate measures to
eliminate discrimination
against women in the field
of employment in order to
ensure, on a basis of
equality of men and
women, the same rights, in
particular:
(a) xxx
(b) The right to the same
employment opportunities,
including the application of
the same criteria for
selection in matters of
employment;
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Code
Revised Penal Code
College of Law
Art. 333. Who are guilty of adultery.
— Adultery is committed by any
married woman who shall have sexual
intercourse with a man not her
husband and by the man who has
carnal knowledge of her knowing her
to be married, even if the marriage be
subsequently declared void.
Adultery shall be punished by prision
correccional in its medium and
maximum periods.
If the person guilty of adultery
committed this offense while being
abandoned without justification by the
offended spouse, the penalty next
lower in degree than that provided in
the next preceding paragraph shall be
imposed.
Art. 334. Concubinage. — Any
husband who shall keep a mistress in
the conjugal dwelling, or shall have
sexual intercourse, under scandalous
circumstances, with a woman who is
not his wife, or shall cohabit with her
in any other place, shall be punished
by prision correccional in its minimum
and medium periods.
The concubine shall suffer the penalty
of destierro.
Art. 202. Vagrants and prostitutes;
penalty. xxx
(5)
Prostitutes: For the purposes of
this article, women who, for money or
profit, habitually indulge in sexual
intercourse or lascivious conduct, are
deemed to be prostitutes.
Repeal of existing
discriminatory
provision and
Passage of Marital
Infidelity Law
Article 2
States Parties condemn
discrimination against
women in all its forms,
agree to pursue by all
appropriate means and
without delay a policy of
Marital infidelity
is committed by a eliminating discrimination
against women and, to this
married person
end, undertake: x x x
who shall have
carnal knowledge (g) To repeal all national
of a person not his penal provisions which
or her spouse. It is constitute discrimination
also committed by against women.
the person with
whom the guilty
spouse has had
carnal knowledge,
provided that this
person knew of
the married status
of the guilty
spouse even if
their marriage be
subsequently
declared void.
Repeal of Art. 202, Article 6
defining
States Parties shall take all
prostitutes
appropriate measures,
including legislation, to
suppress all forms of traffic
in women and exploitation
of prostitution of women.
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College of Law
Art. 351. Premature marriages. —
Any widow who shall marry within
three hundred and one day from the
date of the death of her husband, or
before having delivered if she shall
have been pregnant at the time of his
death, shall be punished by arresto
mayor and a fine not exceeding 500
pesos.
Rules of Court
None
Repeal
Article 2
States Parties condemn
discrimination against
women in all its forms,
agree to pursue by all
appropriate means and
without delay a policy of
eliminating discrimination
against women and, to this
end, undertake: x x x
(g) To repeal all national
penal provisions which
constitute discrimination
against women.
Passage of Rules
Article 2
for the requirement States Parties condemn
of proof by the
discrimination against
accused of steps
women in all its forms,
undertaken to
agree to pursue by all
ascertain whether
appropriate means and
the complainant/
without delay a policy of
survivor was
eliminating discrimination
consenting prior
against women and, to this
and during the act end, undertake: x x x
of sexual
(c)
To establish legal
intercourse
protection of the rights of
women on an equal basis
with men and to ensure
An act of sexual
through competent national
intercourse
tribunals and other public
without the
“unequivocal and institutions the effective
protection of women
voluntary
against any act of
agreement” shall
discrimination;
be presumed not
consented.
Accused must
prove that steps
were undertaken
to ascertain
whether the
complainant/
survivor was
consenting
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B. The establishment of tribunals and other public institutions to ensure the effective
protection of women against discrimination
Efforts have been made by the executive, legislative and judiciary branches in order to
establish tribunals or institutions which address women concern. There is the National
Commission on the Role of Filipino Women (now called the Philippine Commission on Women)
for the executive, the Senate of a Committee on Women and Family Relations and the House of
Representatives’ Committee on Women with subcommittees on Domestic Working Women,
Migrant Women Workers, Disadvantaged Women and Marginalized Women and the Party list of
women. The Judiciary has created the Committee on Gender Responsiveness in the Judiciary.
Further education on gender-sensitivity course for the primary stakeholders must still be
undertaken. It is recommended that for the lawyers, part of the Mandatory Continuing Legal
Education must include the course on gender sensitivity. This can also be done with Philippine
Judicial Academy.
In addition, creating enabling mechanisms to eliminate gender bias in the court systems,
including renewing and developing policy that poses difficulty for women to obtain a fair and
speedy trial, as well as increasing oversight functions and accountability, as in the serious
enforcement of arrest policies and protective orders and reconciling of past jurisprudence are
recommended.
C. Ensuring elimination of all acts of discrimination against women and promotion and
protection of women’s rights by individuals, persons, organizations or enterprises
De facto compliance pertains to obligations imposed by the Convention that extend
beyond results and require undertaking of a range of programs, policies and initiatives that
address public and private action in every field. In order to measure the effectiveness of the
measures implemented, it is important to adopt a sex-disaggregated evaluation. It means, for
every assessment of the political and public life, nationality, education, work, health, legal and
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civil matters and the family, the data must be presented so as to disaggregate male and female. It
allows for an in-depth analysis and gives gender perspective in the implementation and finetuning of measures.
Owing gender equality to the early precepts of our ancestors, gleaned from the the
folklore, “Malakas at Maganda” the past 30 years of CEDAW enforcement is a testament of our
genuine respect for women. As the previous decades have seen positive actions toward the
attainment of elimination of discrimination of women in their quest for equality, the Conventions
will continue to play a pivotal role against persistent forms of discrimination and emerging new
forms of inequality, subordination and disadvantage. The next three decades promise to be
optimistic.
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APPENDICES
ANNEX A – Convention on the Elimination of All Forms of Discrimination Against Women
ANNEX B – Optional Protocol to Convention on the Elimination of All Forms of Discrimination
Against Women
ANNEX C - Regional Trial Court Decision on the KTV Case
ANNEX D – Decision of the CEDAW Committee
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CURRICULUM VITAE
Full Name:
MARIA CONCEPCION R. HERNANDEZ
Address:
0172 BARANGAY LODLOD, LIPA CITY,
BATANGAS
Birthday:
DECEMBER 8, 1981
Birth Place:
QUEZON CITY
Father:
REYNALDO M. HERNANDEZ
Mother:
DAISY RUFINO-HERNANDEZ
Siblings:
MA. REGINA APRIL R. HERNANDEZ
MARIA THERESA R. HERNANDEZ
MA. SARAH R. HERNANDEZ
RONALIO R. HERNANDEZ
EDUCATIONAL ATTAINMENT:
1. University of Batangas
Doctor of Jurisprudence
2008-2012
President, UB Moot Court and Debate Society & Editor-in-Chief, UB Law Journal
2. Asian Institute of Management
Strategic Management
2011
3. De La Salle Lipa
BS Computer Science
1998-2003
4. Canossa Academy
High School & Elementary
1987-1998
WORK EXPERIENCE:
1. CITY COUNCILOR - Lipa City, Second Term 2010-Present, First Term 2007 – 2010
2. BARANGAY KAGAWAD – Barangay Lodlod, 2000-2005
3. COMMUNITY RELATIONS SPECIALIST - Globe Telecom, November 14, 2005 –
May 15, 2007
4. INFORMATIONS SYSTEMS- SOLUTIONS ANALYST - Globe Telecom, May 2003
– October 2005
5. PART-TIME DISC JOCKEY - Meto Citi Media Services, March 2001 – December 2003
6. RESEARCHER/CREATIVE DIRECTOR - Cultural Affairs Committee, Sangguniang
Panlungsod, March 2000 – June 2001