CEDAW/C/PHI/5-6
Article 4
Acceleration of Equality between Men and Women
Adoption of temporary special measures to accelerate de facto equality,
including measures aimed at protecting maternity
A.
SITUATION OF WOMEN
150. Gender inequality persists in Philippine society in all fields, whether political, economic or
socio-cultural. The subtle nature of inequality, however, makes it more difficult to establish
temporary special measures than in societies where discrimination is stark. Women’s higher
average educational attainment and their visibility in many public areas of life, including in
government and in other professional and technical occupations, make debatable the need for
such measures.
151. In Articles 132, 133 and 134, the Philippine Labor Code acknowledges maternity as a social
function and accords women workers the right to a nursery in the workplace, maternity leave,
separate toilet facilities for women and men, family planning services and at least a dressing
room for women. These rights, however, are flagrantly violated in most workplaces. Studies
have found that before women are hired in the economic zones, they are required to submit a
doctor’s certificate that they are not pregnant. Once hired, they have difficulty in availing of
maternity leave. Certain companies have been reportedly violating the law on maternity
benefits, but these have remained uninvestigated as women refuse to come out in the open for
fear of losing their jobs.
152. Women workers in government have maternity benefits including maternity leave for full term
delivery and miscarriage. Until 2002, it was granted only to married women. Leave is for 60
calendar days with full pay if the employee has rendered at least two years of service. Those
with less than two years but have one year or more of service receive benefits computed
proportionate to their length of service, while those with less than a year of service are granted
60 days with half pay. By 2003, CSC recognized the right of unmarried women to maternity
leave, thus, they are now granted the same maternity leave given to married women.
B.
ACTIONS TAKEN
153. Women’s participation in decision-making. Two policies are worth noting. These are:
a. Civil Service Commission Memorandum Circular No. 8 series of 1999 entitled "Policy on
Equal Representation of Women and Men in Third Level Positions in Government" was
issued to increase the number of women at the highest or executive level of career service.
The CSC monitors the circular by enjoining agencies to report regularly the number of
women nominees to vacant third level positions, total number of positions occupied by
women and total number of women appointees versus men appointees.
b. The Indigenous Peoples Act of 1997 directs indigenous women to be represented in
decision-making at all levels. Mechanisms for implementation, however, have yet to be put
in place, although indigenous women are already being involved in efforts concerning
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