CEDAW/C/SR.327
English
Page 14
Department of Labour and Employment was empowered to investigate complaints
about alleged violations of the labour laws in the agricultural sector.
83. With regard to the comparative literacy levels of rural and urban women,
rural women had a lower level of literacy, although a steady increase in the
literacy rate had been recorded between 1989 and 1994 for both rural and urban
women.
84. Women constituted almost half of all agricultural workers. Of that number,
57 per cent were unpaid family workers, 26 per cent own-account workers and
17 per cent wage-earners. The initial results of a special study being done by
the Agricultural Training Institute indicated that there were 1,765 women
extension workers.
85. Obstacles to the application of article 15 included the conflict between
section 5 of Republic Act No. 7192, which provided that married women should
have equal rights and thus the capacity to borrow and enter into credit
arrangements under the same conditions as men, and article 106 of the Family
Code, which stipulated that each spouse's right to conjugal property during
marriage was inchoate and ripened into title only upon the dissolution of the
marriage. The Family Code also espoused the concept of community property. In
cases of disagreement over the administration or enjoyment of such property, the
husband's decision prevailed, subject to recourse to the court by the wife.
Married women could therefore dispose of or encumber only their own exclusive
property, and that was precisely why banks were reluctant to grant loans that
relied on the encumbrance of conjugal property without the spouse's consent.
86. As for the results of the initiatives contained in the Women in Development
and Nation-building Act, 72 national and subnational focal points had been
established, most of which undertook various projects on the mainstreaming of
gender concerns in their agency's mechanisms. Other results of the Act had been
that the first woman Brigadier-General had been appointed in 1993 to the
Philippine National Police; that full-time homeworkers could avail themselves of
social security through their working spouses; that government lending
institutions were providing loans for rural women, which were repayable in five
years with minimal interest and no collateral; and that wives were being issued
passports in their own right.
87. Responding to questions raised under article 16, she said that, under the
Family Code, either spouse could exercise any legitimate occupation without the
consent of the other; administration and enjoyment of community property
belonged jointly to both spouses, although the husband's decision would prevail
in cases of disagreement; either spouse could dispose by will of his or her
interest in the community property; either spouse could make, without the
consent of the other, moderate donations from the community property for
purposes of charity or on occasions of family celebrations or family distress;
where a wife was abandoned by the husband or the latter failed to comply with
his obligations to the family, the wife could petition the court for
receivership, judicial separation of property or for the authority to be the
sole administrator of the community property. The Code also provided for, inter
alia, determination of the family domicile, support of the family, management of
the household, exercise of parental authority and the rights of women outside
marriage with respect to their property.
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