 |
Women's Month Celebration 2006 "CEDAW ng Bayan: Karapatan ng Kababaihan!" |
 |
|
WHAT IS CEDAW?
It stands for the Convention on the Elimination of All Forms of Discrimination against Women. Described as the international bill of rights for women, it is also known as "The Women's Convention" or the United Nations Treaty for the Rights of Women. CEDAW is the first and only international treaty that comprehensively addresses women's rights not only within civil and political spheres, but also within economic, social, cultural and family life. CEDAW was adopted by the United Nations General Assembly on December 18, 1979 during the UN Decade for Women. The Philippines signed CEDAW on July 15, 1980 and ratified it on August 5, 1981. CEDAW is the second most highly ratified treaty after (the Convention of the Rights of the Child) with 180 countries or States Parties out of 191 signatories as of March 2005. The treaty came into force on September 3, 1981 or 25 years ago this year 2006. Yet, very few know about this treaty.
WHY A SEPARATE BILL OF RIGHTS FOR WOMEN?
The CEDAW preamble points out that the existing discrimination against women shows that international human rights machineries had been insufficient to guarantee the protection of women's human rights. "Discrimination against women violates the principles of equality of rights and respect for human dignity" that hampers women's participation, on equal terms with men, in all fields for development and peace.
SO WHAT IF THE PHILIPPINE GOVERNMENT SIGNED AND RATIFIED CEDAW?
As a State Party to CEDAW, the Philippine government recognizes that discrimination and inequality against women exist and that there is a need for state action. States Parties are bound to Respect, Protect and Fulfill women's rights.
Repeal all discriminatory laws and practices.
Enact anti-discrimination policies and provide effective mechanisms and remedies where women can seek redress for rights violations.
Promote equality through all appropriate means including proactive measures, enabling conditions and affirmative action.
Make a national report every four years on measures they have taken to comply with the treaty obligations.
WHO CHECKS IF THE STATES PARTIES ARE DOING THEIR PART?
The United Nations created the CEDAW Committee made up of 23 experts elected by States Parties to review the reports and issue recommendations which the States Parties must carry out and report in the next period. Article 21 of the CEDAW Convention gives the Committee the power to formulate General Recommendations. These are authoritative interpretations of the provisions of the CEDAW Convention with respect to the rights of women and the obligations of the State.
The CEDAW committee meets twice a year in New York and reviews country reports for two weeks in January and July in the presence of country representatives and its non-government organizations, who also submit "shadow" or alternative reports.
WHAT IS DISCRIMINATION AGAINST WOMEN?
It means any distinction, exclusion or restriction made on the basis of sex 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, social, cultural, civil or any other field. (CEDAW, Article 1)
HOW DOES CEDAW AIM TO END DISCRIMINATION?
It aims to bring about substantive equality of women. This means governments are tasked to bring in actual results in women's lives. It carries with it the principle of State Obligation. This means that the State has responsibilities to women from which it cannot withdraw.
It prohibits actions and policies that put women at a disadvantage whatever its intentions.
It tasks States Parties not only to prevent women's rights violations by state institutions and government officials, but also by private individuals and groups.
It recognizes the influence of culture and tradition on restricting women's enjoyment of their rights, and challenges States Parties to change stereotypes, customs and norms that discriminate women. WHERE IN PHILIPPINE SOCIETY DOES DISCRIMINATION EXIST AND HOW CAN IT BE ADDRESSED BY CEDAW?
LABOR AND EMPLOYMENT
Female labor force participation rate (LFPR) consistently lags behind the male LFPR in the past ten years. Across 1995 to 2004, female LFPR invariably registered only 50 percent while male LFPR was steadily above 80 percent. (October rounds of the Labor Force Survey LFS, NSO)
Gender tracking in employment continues to hold true. Data in 2004 show that Filipino women still dominate occupation groups that may be considered as extensions of their reproductive roles at home such as office management, and professional services while men are still largely located in mechanized and heavy industries. (LFS, NSO)
Filipino men are likely to be wage-and-salary and own-account workers and Filipino women are likely to be unpaid family workers. In 2004, 56 percent of unpaid family workers are women, while 64 percent of wage and salary workers and 67 percent of own-account workers are men. Among the employed women, however, 50 percent are wage and salary workers, 33 percent are either own-account workers (or self-employed or employee), and 17 percent are unpaid family workers. (NSO)
There is almost an equal level of participation between women and men in overseas work but the context of their participation is very much different. In 2004, women accounted for 51 percent of the total number of overseas Filipino workers (OFW) yet their average monthly cash remittance represents only 57 percent of the Ph P74,267 average monthly cash remittance of Filipino men. This is because Filipino women are likely to end up in jobs that are low-paying and often unprotected. The 2004 survey showed that half (55.8 percent) of the women who went abroad for work are laborers and unskilled workers, while 27.7 percent of their male counterparts worked in trade and related work and 26.9 percent worked as plant and machine operators/assemblers. (2004 Survey on Overseas Filipinos, NSO)
==>Article 11 of CEDAW guarantees women's right to...
Have equal access to jobs, benefits, promotions and training
Be paid equally based on the work they do
Health protection and safety in working conditions
Maternity leave and supporting social services, without loss of employment on the grounds of maternity or marriage. OFWs have The UN Convention on the Protection of the Rights of All Migrants and Members of Their Families and the Magna Carta for Overseas Filipinos or RA 8042 which also protects undocumented OFWs and expanded the definition of illegal recruiters to even relatives
Women in the informal sector have no benefits and protection, and their contribution to the economy is not counted. Existing laws that protect women in the workplace are:
RA 6972 Day Care Law
RA 8187 Paternity Leave Act
RA 6725 An Act Strengthening the Prohibition on Discrimination Against Women with Respect to Terms and Conditions of Employment
Laws addressing the informal sector:
RA 7882 provides credit assistance to women engaged in micro and cottage business enterprises
RA 8289 "Magna Carta for Small Enterprises"
RA 8425 establishes microfinance as a strategy for poverty alleviation. At the end of 2003, one million borrowers had availed of credit various microfinance institutions, almost all women.
==>CEDAW General Recommendations
No. 13 - equal remuneration for work of equal value
No. 16 - report data on the problem of unpaid women workers and take steps to guarantee payment, social security and benefits.
No. 17 - measurement and quantification of the unremunerated domestic activities of women and their recognition in the gross national product
POLITICS AND GOVERNANCE
The Commission on Election (COMELEC) results of the May 2004 elections showed that the average proportion of women in key elected posts is no more than 17 percent:
3 women senators out of 12 and only 30 women out of 200 elected district representatives
One partylist for women (Gabriela) out of 16 seats and only 4 women out of 24 party list representatives
15 out of 77 governors, 7 out of 77 vice governors and 121 out of 725 board members.
15.4 percent and 13.8 percent of the mayors and vice-mayors, respectively are women. 17.1 percent of the total city/municipal councilors are women.
Filipino women have higher voter turnout rate and are winning in elections but still continue to have little participation in politics and governance. In 1998 and 2001 national and local elections, the few women candidates (20 percent of the total candidates) who ran for public office succeeded in securing public posts. Despite the high success rate in elections, Filipino women still have dismal participation in the public sector. In fact, the dismal performance of women in the 2004 elections registered a sharp drop after an increasing trend beginning 1995. (COMELEC)
The Partylist law gave women hope to be able to participate in the legislative level but the requirements on a national scale and lack of information even for women voters failed to win seats for the women's parties. Women's organizations are lobbying for a 30 percent quota of women from the political parties and other elective or appointive decision-making bodies.
The participation of women in the judiciary is also dismal . . . Shari'a courts, special courts for Muslim law, have remained all-male, except in 1996 when there was 1 woman judge in the Shari'a Circuit Court. As of March 2005, there were five women out of 15 in the Supreme Court.
Even as women dominate the bureaucracy especially the technical or second-level, they seem unable to break the glass ceiling. 53 percent of 1.45 million government personnel in 1999 were women but only in second level positions (71.9%). Only 34 percent of women are in the first and third level. Women in the bureaucracy are likely to be technical personnel and men are likely to be clerks or managers/executives. (Civil Service Commission)
Women's participation in trade unions decreased from 59.6 percent in 1996 to 34.2 percent in 2000. Women's union leadership also went down from 35 percent in 1998 to 25.6 percent in 2000. (NCRFW)
==>CEDAW guarantees women's right to . . .
Vote, run for election and hold public office at all levels of government (art. 7)
Participate in non-government organizations and associations concerned with the public and political life of the country (art. 7)
Have the opportunity to represent the government at the international level and to participate in the work of international organizations (art. 8)
POPULATION AND REPRODUCTIVE HEALTH
No national policy on reproductive health
20.6 percent of married women have an unmet need for contraceptives to space or plan their families (2004 Family Planning Survey)
Limited access to supplies, information and services of artificial contraceptives in some cities and provinces which promote only natural family planning
Every hour some 46 unsafe induced abortions are performed illegally in the Philippines (1999 Country Population Assessment UNFPA)
Ten women die from child birth related causes every day (1998 NDHS)
A recent family planning survey (FPS) shows that only 49.3 percent of women used at least one type of contraceptive, and the contraceptive is likely to be a modern method. Of these, 35.1 percent used modern methods while 14.2 percent used the traditional methods. The pill was the leading contraceptive method followed by female sterilization, and calendar/rhythm. Condom, even though widely distributed and easily accessible at health centers, accounted for less than 2.1 percent of total usage. (2004 FPS, NSO)
The National Demographic and Health Survey (NDHS) shows that 5.6 percent of pregnant women did not seek any prenatal care and 6.5 percent (71.8 percent of which come from the rural areas) resorted to traditional birth attendants (TBAs). For childbirth 1 in 3 (37.1 percent) pregnant women were assisted by TBAs and three in five (61.34 percent) pregnant women opted to deliver at home. (2003 NDHS, NSO)
As of September 2005, the health department had received a total of 2,354 reported cases of HIV Ab Seropositives since it started collecting data in 1984. Of these, 862 were women. Out of the total HIV cases, 702 are full blown AIDS.
==>CEDAW is the only human rights treaty which affirms and upholds women's right to health services including access to all Family Planning methods
==>CEDAW guarantees women's right to . . .
Comprehensive health services, including family planning (art. 12)
Decide on the number of children and on the number of years between pregnancies (art. 16)
Shared parenting responsibilities (art. 5, 16)
Pending Bill:
HB 3773 Responsible Parenthood and Population Management Act is grounded on obligations of national and local governments to deliver basic services including basic health, reproductive health (RH) and family planning (FP), with penalties for public official who shall prohibit or intentionally restrict the delivery of legal, medically safe RH care services including FP. Two-child family as ideal family size is not mandatory.
VIOLENCE AGAINST WOMEN AND CHILDREN AND TRAFFICKING
There are different trends in the number of violence against women cases from different government agencies. The number of VAW cases reported to the police increased seven-fold, from 1,100 in 1996 to 7,383 in 2004. The highest recorded number of VAW cases in the police department peaked in 2001 at 10,343. The social welfare department, however, saw a general decline in the number of women in especially difficult circumstances (WEDC) cases served since 1999.
Both the 2004 police and social welfare records show that battering and rape are the most common types of reported VAW cases.
6 of 10 incest survivors reported that their mothers were battered by their fathers
9 of 10 battered women experienced marital rape
Six of ten battered women were battered during pregnancy (selected VAW statistics from Women's Crisis Center 1995-98 cited in Philippine NGO Beijing + 10 report)
Migration-related VAW is a serious problem in the Philippines, having the highest number of women working abroad. From 1993-2002 there were 1,013 reported cases of human trafficking, Kanlungan reported 32 cases of trafficking among the 170 cases it served in 2004.
==>CEDAW guarantees women's right to . . .
Be free from all forms of violence whether physical, sexual, emotional, mental or economic (art. 6)
Be free from all forms of traffic in women and exploitation of prostitution (art. 6)
General Recommendation Nos. 12 and 19 - report legislation in force to protect women against all kinds of violence in everyday life and existence of support services.
Resolution beyond the ten-year review of the Beijing Declaration and Platform for Action - eliminate demand for trafficked women and girls for all forms of exploitation, criminalize trafficking in persons and adopt other measures including through bilateral and multi-lateral cooperation.
Existing laws:
RA 7877 Anti-Sexual Harassment Law
RA 8353 Anti-Rape law - elevation of rape as crime against person; expanding the definition of rape
RA 8505 Rape Victim Assistance Act
RA 6955 Anti-Mail Order Bride Law
RA 9262 Anti-Violence Against Women and Children Law
RA 9208 Anti-trafficking in Persons Act
RURAL WOMEN
One in four women aged 15-24 years have begun childbearing, and are more likely than other women to live in rural areas, have elementary schooling, and belong to poor families. (NDHS, 2003)
==>Article 14 is devoted to rural women to ensure that they participate and benefit from rural development. CEDAW guarantees women's right to . . .. Participate in the planning and implementation of development
Comprehensive health services, including family planning
Benefit directly from social security programs
Education and training, formal and non-formal and functional literacy
Equal Access to economic opportunities, loans, marketing facilities, appropriate technology and equal treatment in land and agrarian reform
Adequate living conditions housing, sanitation, electricity and water supply, transport and communications.
INDIGENOUS WOMEN
There is need to rehabilitate and develop conflict-ridden areas as well as assimilate into mainstream development and society the Moros, and indigenous peoples (IPs). (Situational analysis of the Philippine Population, UNFPA 2005)
Moros and lumads in Mindanao suffer from socioeconomic marginalization, landlessness, poor basic services and low literacy. Due to the influence of traditional culture, women and girls are worse off. While in the Cordillera, one of the five poorest regions in the country, IPs, particularly women show a worsening of their poverty situation.
==>CEDAW Article 14 is also applicable to indigenous women with added protection of their culture and ancestral domains. Resolution beyond the ten-year review of the Beijing Declaration and Platform for action:
To ensure full and effective participation of indigenous women in the implementation, follow-up and monitoring of the PFA and MDGs
Calls upon governments, intergovernmental agencies, private sector and civil society to take measure that ensure full participation of indigenous women in all aspects of society
DIFFERENTLY-ABLED WOMEN
In the 2000 Population Census of the NSO, some 942,098 reportedly suffered from one disability or another, an increase by 2.5% since 1995. Women with disabilities slightly outnumbered their male peers (50.2 percent versus 49.8 percent), a reversal of the 1995 trend when men accounted for 51.1% of persons with disabilities. There were more women among those with low vision, partial blindness and hard of hearing. Women with disabilities suffer from a double discrimination linked to their special living conditions. (NCRFW)
==>CEDAW guarantees all other rights as normal women with special infrastructure like ramps and toilets for women and men with disabilities.
==>General Recommendation No. 18 - That States Parties provide information on disabled women in their reports and on measure taken to deal with their particular situation, including special measures to ensure that they have equal access to education and employment, health services and social security and to ensure that they can participate in all areas of social and cultural life.
SEXUAL ORIENTATION
Homoxesual couples are not allowed to marry. Consequently they cannot enjoy the social and legal rights of a married couple in property and inheritance arrangements, insurance and other membership claims, adoption and others.
There is not a single law in the country to protect persons from discrimination on the basis of their sexual orientation (ISSA, 2004 Sexual and Reproductive Health and Rights, Reference for advocacy in the Philippines)
==>CEDAW Article 3 guarantees basic human rights and fundamental freedoms
Article 5 addresses the elimination of prejudices and all practices based on the idea of the inferiority or superiority of either sex or on stereotyped roles for men and women
Article 16 women shall have equal rights and responsibilities with men in matters relating to marriage and family relations
Article 6 guarantees the right to be free from all forms of violence whether physical, sexual, emotional, mental or economic)
WOMEN AND ARMED CONFLICT
The main effects of women at the local level included economic dislocation, intense sense of insecurity, sexual harassment or assault, unraveling of traditional social structures and relations and undermining if not dispersal of women's organizations. (NCRFW 1993 study)
From 1980-99 the Human Rights Commission has recorded about 100 cases of violence against women in armed conflict in Regions 2, 6 and 9. About 135,000 150,000 persons majority of whom are women were forced to leave their homes and villages to live in evacuation centers due to conflict-related incidents from January-November 2001. (NCRFW)
Lumad, Moro and Christian women alike are actively working for peace in Mindanao as they and their children were victims in more ways than one by the armed conflict.
==>CEDAW Article 3 guarantees basic human rights and fundamental freedoms
Declaration on the Protection of Women and Children in Emergencies and Armed Conflicts RIGHTS GUARANTEED BY CEDAW
Right to good quality education (articles 10 and 14)
Right to comprehensive health services, including on family planning (articles 11, 12, and 14)
Right to access loans and other forms of financial credits (articles 13 and 14)
Right to join leisure, sports and cultural activities (articles 10, 13, and 14)
Right to decide on the number of children and on the number of years between pregnancies (article 16)
Right to shared parenting responsibilities (articles 5 and 16)
Right to have equal access to jobs, benefits and social security (articles 11 and 14)
Right to be paid equally based on the work they do (article 11)
Right to be free from all forms of violence whether physical, sexual, emotional, mental or economic (article 6)
Right to be free from all forms of slavery and prostitution (article 6)
Right to vote, run for election and hold public office (article 7)
Right to represent the country internationally (article 8)
Right to acquire, change or retain nationality and citizenship (article 9)
For the full copy of the treaty, visit WHAT USE IS CEDAW TO ADVOCATES AND POLICYMAKERS?
As a reminder of State obligations under CEDAW when lobbying for law reform service provision or social and economic policy changes
As an argument in domestic litigation that domestic laws and constitutional provisions should be interpreted in accordance with internationally accepted human rights principles
Rights as targets and indicators to evaluate success in development projects and policies or in the reporting process
As basis for an empowering rights education program among women, activists, judges, lawyers, police, the media and the public
|