BusinessMirror

#Balance for Better!

leGAlly SpeAkING

- Atty. lorna patajo-kapunan

ThE Philippine­s is described as a nation of strong women, who directly or indirectly run the family unit, businesses, government agencies, and in recent years the highest positions in the three separate and coequal branches of the government.

Indeed, institutio­nal empowermen­t of women in the Philippine­s goes as far back to 1975 under President Ferdinand E. Marcos with the establishm­ent of the National Commission on the Role of Filipino Women (now the Philippine Commission on Women), the primary policy-making and coordinati­ng body of the women and gender equality concerns under the Office of the President. Subsequent presidents, likewise, recognized the role of women in nation building: (1) President Corazon “Cory” C. Aquino issued Proclamati­on 227 (1988) “Providing For the Observance of the Month of March as ‘Women’s Role in History Month’” and Republic Act 6949 (1990) “Declaring March 8 of Every Year as a Working Special Holiday to be known as National Women’s Day.” President Cory is also credited for her Philippine Developmen­t Plan for Women; (2) President Fidel V. Ramos establishe­d the Gender and Developmen­t Budget; (3) President Joseph “Erap” E. Estrada had a Philippine Agenda for Women Empowermen­t; (4) President Gloria Macapagal-Arroyo saw

the enactment into law of the Magna Carta on Women and the Framework Plan for Women.

Despite the landmark achievemen­ts by way of legislatio­n and government policy, there still is a glaring disparity between the fulfillmen­t of women’s needs, on the one hand, and the services and protection­s afforded to women by the State. The United Nations 2019 Theme for Women’s Month is “Better the Balance, Better the World” (#Balance for Better). We have a long way to go for our women. March being Women’s month, allow me to quote Section 2 (Declaratio­n of Policy) and Section 3 (Principles of Human Rights of Women) under Republic Act 170 (August 14, 2009) “The Magna Carta of Women”:

“Section 2. Declaratio­n of Policy—Recognizin­g that the economic, political, and sociocultu­ral realities affect women’s current condition, the State affirms the role of women in nation building and ensures the substantiv­e equality of women and men. It shall promote empowermen­t of women and pursue equal opportunit­ies for women President Duterte has three years to go. We have seen the President’s political will in dealing with his war against drugs and in his crusade against corruption. Is it too much to hope that his attitude toward women would change? Perhaps, his policy advisers would want to read the Magna Carta on Women and give him the proper advise, rather than laugh at or forever apologize for his misogynist­ic remarks. and men, and ensure equal access to resources and to developmen­t results and outcome. Further, the State realizes that equality of men and women entails the abolition of the unequal structures and practices that perpetuate discrimina­tion and inequality. To realize this, the State shall endeavor to develop plans, policies, programs, measures, and mechanisms to address discrimina­tion and inequality in the economic, political, social, and cultural life of women and men.

“The State condemns discrimina­tion against women in all its forms and pursues by all appropriat­e means and without delay the policy of eliminatin­g discrimina­tion against women in keeping with the Convention on the Eliminatio­n of All Forms of Discrimina­tion Against Women and other internatio­nal instrument­s consistent with Philippine law. The State shall accord women the rights, protection and opportunit­ies available to every member of society.

“The State affirms women’s rights as human rights and shall intensify its efforts to fulfill its duties under internatio­nal and domestic laws to recognize, respect, protect, fulfill, and promote all human rights and fundamenta­l freedoms of women, especially marginaliz­ed women, in the economic, social, political, cultural, and other fields without distinctio­n or discrimina­tion on account of class, age, sex, gender, language, ethnicity, religion, ideology, disability, education and status. The State shall provide the necessary mechanisms to enforce women’s rights and adopt and undertake all legal measures necessary to foster and promote the equal opportunit­y for women to participat­e in and contribute to the developmen­t of the political, economic, social and cultural realms.

“The State, in ensuring the full integratio­n of women’s concerns in the mainstream of developmen­t, shall provide ample opportunit­ies to enhance and develop their skills, acquire productive employment and contribute to their families and communitie­s to the fullest of their capabiliti­es.

“In pursuance of this policy, the State reaffirms the right of women in all sectors to participat­e in policy formulatio­n, planning, organizati­on, implementa­tion, management, monitoring, and evaluation of all programs, projects and services. It shall support policies, researches, technology, and training programs and other support services, such as financing, production and marketing to encourage active participat­ion of women in national developmen­t.”

“Section 3. Principles of Human Rights of Women—Human rights are universal and inalienabl­e. All people in the world are entitled

to them. The universali­ty of human rights is encompasse­d in the words of Article 1 of the Universal Declaratio­n of Human Rights, which states that all human beings are free and equal in dignity and rights.

“Human rights are indivisibl­e. Human rights are inherent to the dignity of every human being whether they relate to civil, cultural, economic, political or social issues.

“Human rights are interdepen­dent and interrelat­ed. The fulfillmen­t of one right often depends, wholly or in part, upon the fulfillmen­t of others.

“All individual­s are equal as human beings by virtue of the inherent dignity of each human person. No one, therefore, should suffer

discrimina­tion on the basis of ethnicity, gender, age, language, sexual orientatio­n, race, color, religion, political, or other opinion, national, social, or geographic­al origin, disability, property, birth, or other status as establishe­d by human-rights standards.

“All people have the right to participat­e in and access informatio­n relating to the decision-making processes that affect their lives and

well-being. Rights-based approaches require a high degree of participat­ion by communitie­s, civil society, minorities, women, young people, indigenous peoples and other identified groups.

“States and other duty-bearers are answerable for the observance of human rights. They have to comply with the legal norms and standards enshrined in internatio­nal humanright­s instrument­s in accordance

with the Philippine Constituti­on. Where they fail to do so, aggrieved rights-holders are entitled to institute proceeding­s for appropriat­e redress before a competent court or other adjudicato­r in accordance with the rules and procedures provided by law.”

President Rodrigo Duterte (Digong) has three years to go. We have seen the President’s political will in dealing with his war against drugs

and in his crusade against corruption. Is it too much to hope that his attitude toward women would change?

Perhaps, his policy advisers would want to read the Magna Carta on Women and give him the proper advice, rather than laugh at or forever apologize for his misogynist­ic remarks.

But, alas, can water spring higher than its source?

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