CEDAW/C/PHI/5-6 Article 2 Obligations to Eliminate Discrimination Principle of equality of women and men in the constitution; adoption of appropriate legislative and other measures, including sanctions, prohibiting discrimination; establishment of legal protection of women; refraining from engaging in any discriminatory activities; modification or abolition of discriminatory laws, regulations, customs and practices; and repeal of discriminatory provisions in the penal law. A. SITUATION OF WOMEN 121. The Family Code of 1987 removed many of the discriminatory provisions under the Civil Code (see Article 16, for details). However, it did not address anti-women bias in the area of marriage and family. Thus, Articles 333 and 334 of the Revised Penal Code continue to apply, which define sexual infidelity differently for men and women. A wife can be made criminally liable for mere adultery, while a husband will need to have committed concubinage. Discriminatory provisions also remain in the Code of Muslim Personal Laws and Customary Law. These keep Filipino women, regardless of ethnicity or religion, on an unequal status to men in marriage and in family relations. 122. The revised Labor Code bans discrimination in hiring, training and promotion, and the AntiSexual Harassment Act protect employed women and penalize these discriminatory acts. Court rulings strengthen these prohibitions (see paragraph 495 under Article 11 for examples). 123. A survey of 334 Filipino firms revealed that 17 percent had records of sexual harassment cases. The figure may be higher, however, as victims tend not to report the crime (DOLE 2002). Much remains to be done in terms of raising awareness, developing workplace policies and procedures, providing training to managers, and offering counseling to victims. 124. As evident in Part II and subsequent articles of the report, discrimination against women take more subtle forms: preference for men in job promotion and gender tracking in education and careers. Violence against women remains a serious issue although public education campaigns and community and police intervention are beginning to take effect. B. ACTIONS TAKEN 125. As also noted in Article 11, two new laws address the needs of disadvantaged sectors, benefiting women in particular. RA 8972, or the Solo Parents’ Welfare Act of 2000, prohibits employers from discriminating against any solo parent, and mandates certain agencies to develop and implement a comprehensive program of social development and welfare services for solo parents and their children. 126. RA 8282, or the Social Security Act of 1997, expands coverage to self-employed persons, housewives, and household staff whose employer is required to remit and shoulder part of the contribution. Implementation of this law, however, remains low. CSC Omnibus Rule #16 46

Select target paragraph3

Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents