CEDAW/C/SR.1406
43.
Ms. Verzosa (Philippines) said that statistics on women in sports were inconsistent
and incomplete. In general, however, there were fewer women than men who participated
in sports, and fewer awards and prizes were available for them. Therefore, that subject had
been addressed in the Magna Carta of Women, in the section entitled “Women in Sports”.
44.
Ms. Jahan asked what measures the Government was taking to implement the
provisions of the Magna Carta of Women related to equality for women and the elimination
of discrimination against them, in particular in view of its section 12, which specified that
discriminatory laws would be amended or repealed within three years after the enactment of
that instrument. What steps was the Philippine Commission on Women taking to encourage
the new Congress to take action? She pointed out that the Magna Carta indicated that
customary laws related to marital relations would be respected provided that they did not
discriminate against women. However, the Muslim Code of Personal Laws was filled with
discriminatory provisions. It would be useful to know if any studies had been undertaken by
the Government to improve women’s equal recognition before the law that took into
consideration the country’s legal pluralism.
45.
Ms. Nadaraia, invoking article 16, paragraph 1 of the Convention, said that the
Magna Carta of Women was presented as a translation of the Convention into the
Philippine national legal framework. A number of laws observed by Muslims in the country,
however, were at variance with the provisions of the article. The Muslim Code allowed for
polygamy, early marriage and arranged marriage; it also allowed a husband to choose the
family residence and to refuse to permit his wife to exercise a profession or occupation of
her choice. In some indigenous communities, abduction for forced cohabitation was still
permissible. The Government should describe any measures taken to repeal customary
provisions that violated the terms of the Convention. Information would also be welcome
on the bills before Congress giving equal decision-making power to husbands and wives
and on the time frame for their adoption.
46.
Moreover, noting that many adultery cases were initiated by men wishing to harass
and coerce estranged wives into handing over contested property, she enquired whether the
Government planned to repeal provisions against adultery in the Revised Penal Code. She
would also like to know the status of the bill on legalizing divorce and the time frame
envisaged for its adoption. It would be useful to know whether husbands and wives would
be granted the same rights on dissolution of the marriage and how the rights of children
would be protected.
47.
In addition, she would like to know the time frame for the repeal of laws banning
persons with disabilities from marrying on the basis of mental, psychosocial or physical
disabilities, in particular provisions that discriminated against the right of women with
disabilities to marry and found a family. Lastly, she asked whether there were plans to enact
a national law prohibiting discrimination against LGBT persons who wished to marry.
48.
Ms. Verzosa (Philippines) said the Philippine Commission on Women had a
women’s priority legislative agenda, which focused on amendments to the Family Code and
other laws containing discriminatory provisions against women. The current emphasis was
on encouraging Muslim women to recruit other Muslim women, so that together they could
advocate for the repeal of early and forced marriage and polygamy. There were no pending
bills on marriage equality. LGBT groups had stated that the first step was antidiscrimination legislation; in their view, it was too soon to begin advocating diverse forms
of marriage. She noted that some Protestant sects permitted gay marriage.
49.
Similarly, the Commission had decided to work first on advocating women’s right to
reproductive health rather than on repealing the ban on divorce. There was much opposition
from certain sectors of society. A legislator had recently introduced a divorce bill; it was
GE.16-11725
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