CEDAW/C/PHI/4
English
Page 75
4.
Civil Service Rule XVI, section 12 requires marriage as
a precondition to maternity leave
5.
Revised Penal Code
Article 333 on adultery, and article 334 on concubinage, define the
different grounds for infidelity within marriage. To be guilty of adultery, a
wife needs only to engage in sexual intercourse with another man while the man
can be charged with concubinage only if he keeps a mistress, has sexual
intercourse under scandalous circumstances or cohabits with another woman.
6.
Customary Law
One of the biggest obstacles to the equalization of women's rights is the
difficulty of breaking down the patriarchal traditional power structures in the
family. These gender biases cut across economic and cultural systems, which are
deeply rooted in society's psyche. Sometimes, even when statutory laws have
been relaxed to a woman's favour, customary laws continue to render them
academic. Thus, there is a need for continuing information and legal literacy
campaigns.
Article 16 (e)
Family planning rights
318. While the Constitution affords spouses the same right to decide freely and
responsibly on the number and spacing of their children, the general perception
is that in the majority of households, the husband's decision still prevails.
The still dominant macho culture that defines maleness based on the number of
children prevents women from fully exercising their right to decide if, when,
and how many children to have.
319. In preparation for the 1994 International Conference on Population and
Development, women's non-governmental organizations were very active and created
a good deal of interest in the media on women's rights with respect to their
reproductive role. Partly due to that Conference, as well as the Beijing Fourth
World Conference on Women, the Department of Health has adopted the following
policy imperatives:
(1)
Achieve the highest level of health throughout women's life cycle;
(2)
Create an environment that will promote the attainment of the highest
level of health throughout women's life cycle;
(3)
Empower women to exercise their reproductive rights.
320. For the last three years, the Government has embarked on a vigorous family
planning campaign. While there is a steady decline in the population growth
rate, problems such as lack of information on the various family planning
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