CEDAW/C/PHL/Q/7-8/Add.1
Constitutional, legislative and institutional framework
1.
Does the definition of “discrimination against women” in the Magna
Carta of Women (MCW) include direct and indirect discrimination in the
public and private sectors, in line with Article 1 of the Convention?
1.1 The definition covers direct and indirect discrimination in public and private
sectors.
Status and content of the amendments to the:
Family Code
1.2 Bills pending in Congress provide equality in decision-making between
husband/father and wife/mother, repealing Articles 14, 96, 124, 211, and 225 of the
Family Code.
Anti-Rape law, definition, and whether it includes marital rape
1.3
Senate Bill (SB) 2462, pending in the Congress, introduces the following:
• Revised definition of rape, centred on lack of consent;
• Requirement of force/violence and of proof of penetration removed;
• Age determining statutory rape increased from 12 to 15 years old and below.
1.4
The Anti-Rape Law and jurisprudence recognize marital rape.
1.5 The draft Philippine Code of Crimes (PCC) seeks to repeal the “forgiveness”
clause.
Anti-Sexual Harassment Law
1.6 Pending bills expand the definition of sexual harassment to include peer sexual
harassment and cyber harassment, strengthen the Committee on Decorum and
Investigation (CODI) in establishments and increase penalties for the crime.
Magna Carta of Workers in the Informal Economy (MACWIE)
1.7 Pending bills on MACWIE protect women workers in the informal economy
against gender-based discrimination.
Sexual Infidelity Bill (amending the Revised Penal Code [RPC] Arts. 333 and 334)
1.8 Pending bills amend/repeal the unequal provisions on adultery and
concubinage under the RPC, equalizing the evidentiary requirements and pe nalties
for both offending spouses.
1.9 PCC includes sexual infidelity as a punishable act, where both the husband
and wife are equally liable.
Anti-Prostitution Bill (amending RPC Art. 202)
1.10 The amendment on the Anti-Trafficking Law recognizes and partially
addresses the issue of prostitution as a form of exploitation only in so far as it
concerns trafficked persons who end up in prostitution.
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