According to the 2024 World Economic Forum (WEF), the Philippines is the most gender-equal country in Asia with a gender parity score of 77.9% (0.779 out of 1) and ranking 25th out of 146 countries. Along with New Zealand, it is the only country from East Asia and the Pacific to have made the global top 10 due to its sustained efforts in adopting and enacting legal frameworks that aim to safeguard and empower women’s rights in Philippine society. One such legal framework, the holy grail of women’s rights law in the Philippines, is Republic Act 9710, better known as the Magna Carta of Women (MCW). Former President Gloria Macapagal Arroyo signed it into law on August 14, 2009. What is the Magna Carta of Women (MCW)? Entitled the “Magna Carta of Women” and not “Magna Carta for Women” to highlight women’s participation and ownership of the bill, the MCW is the Philippines’ affirmation of the protection and empowerment of women in the country who continue to be marginalized and discriminated against in our society. Its Declaration of Policy (Sec. 2) states that “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 and men and ensure equal access to resources and to development results and outcome,” and that “the State realizes that equality of men and women entails the abolition of the unequal structures and practices that perpetuate discrimination and inequality.” The MCW upholds the provisions of the Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW) and other international instruments consistent with Philippine law in condemning and eliminating discrimination against women and underscoring women’s rights as human rights. What is discrimination against women? Sec. 4, Chapter II defines ‘discrimination against women’ as: (1) 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; (2) any act or omission, including by law, policy, administrative measure, or practice, that directly or indirectly excludes or restricts women in the recognition and promotion of their rights and their access to and enjoyment of opportunities, benefits, or privileges; (3) a measure or practice of general application that fails to provide for mechanisms to offset or address sex or gender-based disadvantages or limitations of women, as a result of which women are denied or restricted in the recognition and protection of their rights and their access to and enjoyment of opportunities, benefits, or privileges; or women, more than men are shown to have suffered the greater adverse effects of those measures or practices; and (4) discrimination compounded by or intersecting with other grounds, status, or condition, such as ethnicity, age, poverty, or religion. MCW safeguards women from discrimination by having the State fulfill its duties through law, policy, regulatory instruments, administrative guidelines, and other appropriate measures, including temporary special measures. What are the women’s rights under MCW? Under Chapter IV, the following are the rights of women to be enjoyed without discrimination: What are the rights of women in marginalized sectors? Meanwhile, Chapter V outlines the rights of women in marginalized sectors. The MCW defines ‘marginalization’ as “a condition where a whole category of people is excluded from useful and meaningful participation in political, economic, social, and cultural life,” and consequently, the ‘marginalized’ as “the basic, disadvantaged, or vulnerable persons or groups who are mostly living in poverty and have little or no access to land and other resources, basic social and economic services such as health care, education, water and sanitation, employment and livelihood opportunities, housing, social security, physical infrastructure, and the justice system” such as: Women in these sectors are guaranteed all civil, political, social, and economic rights recognized, promoted, and protected under existing laws including, but not limited to, the Indigenous Peoples Rights Act, the Urban Development and Housing Act, the Comprehensive Agrarian Reform Law, the Fisheries Code, the Labor Code, the Migrant Workers Act, the Solo Parents Welfare Act, and the Social Reform and Poverty Alleviation Act. According to the Philippine Commission on Women (PCW), under the MCW women in marginalized sectors are entitled to: Implementation of MCW Because the law is the Philippines’ commitment to the rights of our women, the Government, its agencies, and other government-owned and controlled bodies, as well as private sectors and individuals shall not only contribute but also adhere to the recognition, respect, and promotion of women’s rights and abide by the rule of law. At the core of this law is the PCW, formerly called the National Commission on the Role of Filipino Women, which is tasked with the overall monitoring and supervision of the MCW’s implementation. It is the primary policy-making and coordinating body for women and gender equality concerns in the Philippines. (Sec. 36 & 38) In consonance with the MCW and the PCW, the Commission on Human Rights (CHR) is the Gender and Development Ombud that ensures the promotion and protection of women’s human rights. (Sec. 39) The Commission on Audit (COA) is tasked to conduct an annual audit on the use of the Gender and Development (GAD) budget to determine its judicious use and the efficiency, and effectiveness of interventions in addressing gender issues toward the realization of the objectives of the country’s commitments, plans, and policies on women empowerment, gender equality, and GAD. (Sec. 36(a)) Violation of MCW No one is above MCW and anyone who violates it shall be held liable under its mandate and provisions. According to the PCW, the Commission on Human Rights shall recommend sanctions under administrative law, civil service, or other appropriate laws to the Civil Service Commission (CSC) and the Department of the Interior and Local Government (DILG). For instance, in the case