CEDAW/C/PHL/Q/7-8
2.
It is indicated that the Magna Carta of Women mandates that customary laws
relating to marital relations are to be respected, provided th at they do not
discriminate against women, and that this primarily affects discriminatory
provisions in Presidential Decree No. 1038 and the Code of Muslim Personal Laws
(para. 23). Please describe how these conflicting provisions are reconciled in
practice. Please also explain how customary justice mechanisms function and
describe their relationship to the formal justice system.
Access to justice and legal complaint mechanisms
3.
It is indicated that the Commission on Human Rights has been designated a s
the Gender and Development Ombud under the Magna Carta of Women (para. 46).
Please provide information on the number of cases of discrimination against women
that have been received and processed by that mechanism and on decisions handed
down by the judiciary in cases of violations of women’s rights. Please describe
measures taken to ensure reparation, including adequate compensation, for victims
in such cases. Please also include information on the legal aid currently available to
support women who are victims of discrimination and violence, including returned
migrant workers, rural women, indigenous women and Muslim women living in the
Autonomous Region of Muslim Mindanao, in gaining access to justice. In that
regard, please update the Committee on the work of the Gender and Development
Ombud to establish guidelines and mechanisms to facilitate access by women to
legal remedies and assist in the filing of cases (ibid.).
National machinery for the advancement of women
4.
The Committee notes that the mandate of the Philippine Commission on
Women has been expanded and that it includes monitoring of the implementation of
the Magna Carta of Women (paras. 13 and 27). Please indicate measures taken to
ensure that the Commission has adequate human, financial a nd technical resources
and decision-making authority to work effectively for the advancement of women
and the promotion of gender equality at all levels. Please describe how cooperation
with civil society is ensured. It is also mentioned that an assessment of the plan for
gender-responsive development was carried out (paras. 38 and 39). Please indicate
whether any corrective measures have been taken as a result of that assessment and
how continuous monitoring and evaluation of the implementation and impact of the
plan are ensured.
Temporary special measures
5.
It is indicated that section 11 of the Magna Carta of Women provides for
temporary special measures (para. 118). Please provide information on any
temporary special measures, including quotas, taken or envisaged by the State party
to accelerate the achievement of substantive equality of women with men in all
areas covered by the Convention, in addition to those mentioned in paragraph 119 of
the report.
Gender stereotypes
6.
The Committee notes the various advocacy and awareness-raising activities
carried out by the State party to advance gender equality and address violence
against women. Please indicate whether a comprehensive strategy has been
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