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in defining gender discrimination, state obligations, substantive equality,
and temporary special measures (“United Nations Development Program
Philippines”).
However, the “Magna Carta of Woman” as proposed by the
Philippine Legislature, although said to have good and welcomed
pronouncements – also contained dubious and questionable provisions
(Cruz). Sharply at the tail of the passing of the gender-equalizing law were
substantial criticisms from dissatisfied ends of both the groups of women’s
rights advocates and the Catholic community over the very wording of
the law, and how certain provisions were finally phrased in such a manner
that the substantive rights they hoped to embody became weak and even
contentious.
Ana Maria Nemenzo of WomanHealth criticized the law on how
it fell short of stating a clearer and more categorical pronouncement of
rights afforded to women on provisions of family planning, maternal
health, gender and sexuality (Somera). This dissatisfaction shared among
different women’s rights groups have pointed out that the provisions on
cultural relativism found under Section 17(a) on Comprehensive Health
Services actually makes the provision itself problematic and prone to being
watered down.
On the other end of the dialogue that birthed the above special
law, the Episcopal Commission on Family and Life (ECFL) and the Office
of Women of the Catholics Bishops Conference of the Philippines (CBCP)
criticised what they deemed as “anti-life” and “anti-family” provisions
of the draft, also particularly closing in on the provision under Section
17 entitled Women’s Rights to Health. It questioned gender as a result of
culture and choice, for it appeared as though it sought to replace a person’s
divinely ordained sexual identity with a self-constructed gender arising
from one’s sexual preference or orientation. They further asserted that, “a
Magna Carta of Women, to be worth its name, must first of all protect
and uphold her natural calling to marriage, family life and motherhood”
(Somera).
Some key provisions of the Magna Carta of Women are the
following: (1) ensure that the State will review and, when necessary, amend
and/or repeal existing laws that are discriminatory to women within three
years from its enactment; (2) institute affirmative action mechanisms so that
“women can participate meaningfully in the formulation, implementation,
and evaluation of policies, plans, and programs for national, regional,
and local development; (3) ensure mandatory human rights and gender
sensitivity training to all government personnel involved in preventing
and defending women from gender-based violence; (3) encourage Local