Philippines

Overview of the Act

• Total Sections: 47

• Objective:
  To promote the empowerment of women and ensure equal opportunities and access to resources and development outcomes for both women and men. The Act also seeks to develop plans, programs, and mechanisms to address gender-based discrimination and inequality in all spheres of life—economic, political, social, and cultural.

• The Act does not specifically define political violence or protected persons. However, it broadly addresses gender-based discrimination and sets out a range of rights and protections for women.

Definition of Discrimination Against Women

Discrimination is defined as:

“Any gender-based distinction, exclusion or restriction which has the effect or purpose of impairing or nullifying the recognition, enjoyment or exercise by women, irrespective of their marital status, on a basis of equality of men and women, of human rights and fundamental freedoms in the political, economic, social, cultural, civil, or any other field.”

Structure of the Act

The Act includes provisions on:

• Declaration of policy and guiding principles

• Duties of the State and its agencies

• Human rights protections for women

• Measures addressing violence, discrimination, and access to services

• Women’s rights in marriage, work, education, health, housing, and cultural identity

• Special protection for women in conflict, crisis, and vulnerable situations

• Gender equality in political representation and participation

• Media representation and portrayal of women

• Monitoring, penalties, incentives, and implementation mechanisms

Three Key Provisions

1. Protection from Violence (Section 9)

• Mandates the State and government agencies to protect women from gender-based violence and support victims in accessing justice and care.

• Required measures include:
  Protection from gender-based violence during armed conflict
  Mandatory human rights and gender sensitivity training for all government personnel
  Establishment of a Violence Against Women’s Desk in every barangay to provide localized, gender-responsive support for cases of violence

2. Prohibition of Discrimination and Sanctions (Sections 35 and 41)

• Section 35: Prohibits discrimination by public or private entities.

• Section 41:

  • Refers violations by government institutions to the Civil Service Commission and/or Department of the Interior and Local Government

  • Holds both the direct offender and the head of the agency or local chief executive accountable for violations

3. Role of the Commission on Human Rights (CHR) (Section 39)

• Designates a CHR Commissioner and/or the Women’s Human Rights Center to:

  • Lead planning and implementation of women’s rights programs

  • Investigate and respond to complaints of discrimination or violations under this Act

  • Assist in filing legal cases against individuals or institutions in breach of the law

4. Participation and Representation (Section 11)

• Calls for special measures to ensure women’s representation and equity with men in:

  • Political parties

  • International bodies

  • Policy and decision-making bodies at all levels