Laws Implemented in Favor of Women in the Last 20 Years

Photo from Unsplash | Gayatri Malhotra

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Also, the matters contained in the following were written in accordance with the law, rules, and jurisprudence prevailing at the time of writing and posting, and do not include any future developments on the subject matter under discussion.

 

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AT A GLANCE:

In the past, women were forced to stay home and were not allowed to pursue education and employment. However, recent statistics show that society appears to have improved in this regard. Yet even though women make up a large portion of the work force, they are still somehow expected to take primary responsibility for childcare and the management of the home.

In a society that expects women to take care of the children and do household chores, working women confront the problem of a double-burden, or even multiple burdens in terms of longer hours of work and a wider breadth of responsibility.

The Constitution requires the State to recognize the role of women in nation building. This role is not confined to child-rearing, honorable as motherhood may be. (Leonen, J., Concurring Opinion, Christian Pantonial Acharon vs. People of the Philippines, G.R. No. 224946, November 9, 2021)

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In the past two decades, significant steps have been made in enacting laws aimed at promoting and protecting the rights of women in various aspects of life. From addressing violence and exploitation to ensuring reproductive health and economic empowerment, these laws have played a crucial role in advancing gender equality and women’s empowerment. As such since 2004, the following laws have been implemented to protect the rights of women:

 

1. Women with Disabilities Day (Proclamation No. 744, series of 2004)

 

This proclamation designates every third Monday of March as Women with Disabilities Day, recognizing the unique challenges faced by women with disabilities and promoting their rights and welfare.

 

2. Anti-Violence Against Women and Their Children Act (Republic Act No. 9262)

 

This law provides protection and support to women and children who are victims of domestic violence, ensuring legal remedies and imposing penalties on perpetrators of abuse.

 

R.A. 9262 is a landmark legislation that defines and criminalizes acts of violence against women and their children (VAWC) perpetrated by women’s intimate partners, i.e, husband; former husband; or any person who has or had a sexual or dating relationship, or with whom the woman has a common child. The law provides for protection orders from the barangay and the courts to prevent the commission of further acts of VAWC; and outlines the duties and responsibilities of barangay officials, law enforcers, prosecutors and court personnel, social workers, health care providers, and other local government officials in responding to complaints of VAWC or requests for assistance. (Jesus Garcia vs. Honorable Ray Alan Drilon, G.R. No. 179267, June 25, 2013)

 

3. Magna Carta of Women (Republic Act No. 9710)

 

In consonance with the State’s duty to ensure the fundamental equality of women and men, the legislature enacted Republic Act No. 9710, or the Magna Carta of Women which mandates the “State [to] take all appropriate measures to eliminate discrimination against women in all matters relating to marriage and family relations.” The Magna Carta of Women also provides that the State, as the primary duty-bearer, shall refrain from discriminating against women and shall:

 

1. Fulfill these duties through law, policy, regulatory instruments, administrative guidelines, and other appropriate measures, including temporary special measures.
2. 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.
3. 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. (Richelle Ordona vs. The Local Civil Registrar of Pasig City, G.R. No. 215370, November 9, 2021)

 

The Magna Carta of Women is a comprehensive law that guarantees the rights of women in various sectors, including employment, health, education, and participation in decision-making processes.

 

4. Anti-Photo and Video Voyeurism Act of 2009 (Republic Act No. 9995)

 

Republic Act No. 9995, otherwise known as Anti-Photo and Video Voyeurism Act of 2009, was enacted into a law to stop voyeurism using the internet. (Atty. Raymund Palad vs. Lolit Solis, G.R. No. 206691, October 03, 2016)

 

This law prohibits the unauthorized recording, sharing, and distribution of intimate or private images and videos without the consent of the individuals involved, protecting women from privacy violations and exploitation.

 

5. The Responsible Parenthood and Reproductive Health Act (Republic Act No. 10354)

 

The RH Law ensures access to reproductive health services, including family planning, maternal care, and sexual education, empowering women to make informed decisions about their reproductive health.

 

The RH Law is an enhancement measure to fortify and make effective the current laws on contraception, women’s health and population control. Be that as it may, it bears reiterating that the RH Law is a mere compilation and enhancement of the prior existing contraceptive and reproductive health laws, but with coercive measures. (James Imbong vs. Hon. Paquito Ochoa, G.R. No. 204819, April 8, 2014)

 

6. Domestic Workers Act or Batas Kasambahay (Republic Act No. 10361)

 

Also known as the Domestic Workers Act, this law sets standards and regulations for the fair treatment and protection of domestic workers, the majority of whom are women.

 

The law hereby declared the following policies:

 

1. The State strongly affirms labor as a primary social force and is committed to respect, promote, protect and realize the fundamental principles and rights at work including, but not limited to, abolition of child labor, elimination of all forms of forced labor, discrimination in employment and occupation, and trafficking in persons, especially women and children;
2. The State adheres to internationally accepted working conditions for workers in general, and establishes labor standards for domestic workers in particular, towards decent employment and income, enhanced coverage of social protection, respect for human rights and strengthened social dialogue;
3. The State recognizes the need to protect the rights of domestic workers against abuse, harassment, violence, economic exploitation and performance of work that is hazardous to their physical and mental health; and
4. The State, in protecting domestic workers and recognizing their special needs to ensure safe and healthful working conditions, promotes gender-sensitive measures in the formulation and implementation of policies and programs affecting the local domestic work. (Section 2, Republic Act No. 10361)

 

7. National Consciousness Day for the Elimination of Violence Against Women and Children (Republic Act No. 10398)

 

This law designates every 25th day of November as National Consciousness Day for the Elimination of Violence Against Women and Children, raising awareness and mobilizing efforts to combat gender-based violence.

 

8. Anti-Mail Order Spouse Act (Republic Act No. 10906)

 

It is hereby declared the policy of the State to protect and guarantee the individual rights of the Filipino people. Towards this end, the State shall prevent the exploitation of Filipinos and protect them from the unlawful practices, businesses and schemes which offer Filipinos for marriage or common-law partnership to unscrupulous foreign nationals and expose them to abuse, exploitation, prostitution and violent situations. (Section 2, Implementing Rules and Regulations, Republic Act No. 10906, September 12, 2022)

 

This law prohibits the business of arranging marriages between Filipino citizens and foreign nationals for profit, safeguarding women from potential exploitation and abuse in mail-order bride arrangements.

 

9. Safe Spaces Act (Republic Act No. 11313)

 

In addition to Republic Act No. 7877, Congress has since enacted Republic Act No. 11313, otherwise known as the Safe Spaces Act. Signed into law on July 15, 2019, it penalizes gender-based sexual harassment, and is founded on, among others, the recognition that “both men and women must have equality, security and safety not only in private, but also on the streets, public spaces, online, workplaces and educational and training and training institutions.” It addresses four (4) categories of gender-based sexual harassment: gender-based streets and public spaces sexual harassment; gender-based online sexual harassment; gender-based sexual harassment in the workplace; and, gender-based sexual harassment in educational and training institutions.

 

In line with fundamental constitutional provisions regarding human dignity and human rights, the Safe Spaces Act expands the concept of discrimination and protects persons of diverse sexual orientation, gender identity and/or expression. It thus recognizes gender-based sexual-harassment as including, among others, “misogynistic, transphobic, homophobic and sexist slurs. (Jose Romeo Escandor vs. People of the Philippines, G.R. No. 211962, July 6, 2020)

 

The Safe Spaces Act aims to prevent and address gender-based sexual harassment in public and private spaces, ensuring the safety and dignity of women and girls.

  

10. Kalusugan at Nutrisyon ng Mag-Nanay Act (Republic Act No. 11148)

 

The right to health is a fundamental principle guaranteed by the State. Section 15, Article II of the 1987 Constitution emphasizes that “The State shall protect and promote the right to health of the people and instill health consciousness among them”. Moreover, pursuant to various international human rights instruments and agreements that the State adheres to, the State guarantees the right to adequate food, care and nutrition to pregnant and lactating mothers, including adolescent girls, women of reproductive age, and especially children from zero (0) to two (2) years old. (Section 2, Declaration of Policy, Republic Act No. 11148)

 

This law promotes the health and nutrition of pregnant and lactating women, prioritizing their well-being and that of their children.

 

11. 105-Day Expanded Maternity Leave Law of 2019 (Republic Act No. 11210)

 

This law grants female workers 105 days of paid maternity leave, providing them with adequate time to recover from childbirth and bond with their newborns.

 

12. An Act Prohibiting the Practice of Child Marriage and Imposing Penalties for Violations Thereof (Republic Act No. 11596)

 

This law criminalizes child marriage, protecting young girls from early and forced marriages that can deprive them of their rights and opportunities.

 

13. An Act Providing for Stronger Protection Against Rape and Sexual Exploitation and Abuse (Republic Act No. 11648)

 

This law strengthens legal protections against rape and sexual abuse, ensuring justice for survivors and holding perpetrators accountable.

 

14. Anti-Online Sexual Abuse or Exploitation of Children Act and Anti-Child Sexual Abuse of Exploitation Materials Act (Republic Act No. 11930)

 

These laws combat online sexual exploitation and abuse of children, safeguarding their rights and well-being in the digital realm.

 

15. Expanded Solo Parents Welfare Act (Republic Act No. 11861)

 

This law provides additional support and benefits to solo parents, the majority of whom are women, recognizing their vital role in raising and providing for their children.

 

16. Expanded Anti-Trafficking in Persons Act of 2022 (Republic Act No. 11862)

 

This law expands the scope of anti-trafficking measures to provide greater protection to victims, particularly women and children, and enhance efforts to combat human trafficking.

 

These laws represent significant milestones in the ongoing struggle for gender equality and women’s rights. By addressing various forms of discrimination, violence, and exploitation, they contribute to creating a more just and inclusive society where all women can live with dignity, equality, and freedom from harm.

 

Read also:

Women with Disabilities Day (Proclamation No. 744, series of 2004)

Gynecological Leave for Women under the Magna Carta for Women

Special Leave of Victims of Violence against Women and her Children

Further Empowering Rights of Women: Highlights of Republic Act No. 11210 or the “105-Day Expanded Maternity Leave Law”

 

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