Laws and Policies that Supports LGBTQIAP

The age of consent law is set at the legally and equally restricted permissible minimum age of 16 years for all individuals from that age and others above that age as well, regardless of sexual orientation and gender identity.

1. LAWS SUPPORTING SEXUALITY AND GENDER DR. JEWELSON M. SANTOS

2. RA 9710 Magna Carta of Women Is comprehensive women’s human rights law that seeks to eliminate discrimination against women by recognizing, protecting, fulfilling, and promoting the rights of Filipino women, especially those in marginalized sector.

3. MAGNA CARTA OF WOMEN DISCRIMINATIONS: Any gender-based distinction, exclusion, or restriction which has the effect or purpose of impairing or nullifying the recognition, enjoyment, or exercise by women, irrespective of their marital status, on a basis of equality of men and women, of human rights and fundamental freedoms in the political, economic, social, cultural, civil or any other field

4. MAGNA CARTA OF WOMEN Any act or omission, including by law, policy, administrative measure, or practice, that directly or indirectly excludes or restricts women in the recognition and promotion of their rights and their access to and enjoyment of opportunities, benefits, or privileges. Discrimination compounded by or intersecting with other grounds, status, or conditions, such as ethnicity, age, poverty, or religion.

5. MAGNA CARTA OF WOMEN A measure or practice of general application that fails to provide for mechanisms to offset or address sex or gender-based disadvantages or limitations of women, as a result of which women are denied or restricted in the recognition and protection of their rights and in their access to and enjoyment of opportunities, benefits, or privileges; or women, more than men are shown to have suffered the greater adverse effects of those measures or practices

6. MAGNA CARTA OF WOMEN All rights in the Philippine Constitution and those right rights recognized under international instruments duly signed and ratified by the Philippines, in consonance with Philippine laws shall be the rights of women under the Magna Carta of Women. These rights shall be enjoyed without discrimination since the law prohibits discrimination against women, whether done by public and private entities or individuals.

7. MAGNA CARTA OF WOMEN Every woman’s right to: Protection from all forms of violence, including those committed by the State. Protection and security in times of disaster, calamities and other crisis situations, especially in all phases of relief, recovery, rehabilitation and construction efforts, including protection from sexual exploitation and other sexual and gender-based violence. Equal treatment before the law, including the State’s review.

8. MAGNA CARTA OF WOMEN Equal access and elimination of discrimination against women in education, scholarships and training. Equal participation in sports. Non-discrimination in employment in the field of military, police and other similar services. Non-discriminatory and non-derogatory portrayal of women in media and film. Comprehensive health services and health information and education covering all stages of a woman’s life cycle.

9. MAGNA CARTA OF WOMEN Leave benefits of 2 months with full pay based on gross monthly compensation, for women employees who undergo surgery caused by gynecological disorders, provided that they have rendered continuous aggregate employment service of a least 6 months for the last 12 months. Equal rights in all matters relating to marriage and family relations. Food security and resources for food production Localized, accessible, secure and affordable housing

10. MAGNA CARTA OF WOMEN Employment, livelihood, credit, capital and technology Skills training, scholarships, especially in research and development aimed towards women friendly farm technology Representation and participation in policy-making or decision-making bodies in the regional, national, and international levels. Access to information regarding policies on women, including programs, projects and funding outlays that affect them.

11. MAGNA CARTA OF WOMEN Recognition and preservation of cultural identity and integrity provided that these cultural systems and practices are not discriminatory to women Inclusion in discussions on peace and development Services and interventions for women in especially difficult circumstances or WEDC Protection of girl-children against all forms of discrimination in education, health and nutrition, and skills development Protection of women senior citizens

12. RA 6725 An act strengthening the prohibition on discrimination against women Art. 135. Discrimination prohibited. – it should be unlawful for any employer to discriminate against any woman employee with respect to terms and conditions of employment solely on account of her sex.

13. RA 6725 The following are acts of discrimination: Payment of a lesser compensation, including wage, salary or other form of remuneration and fringe benefits, to a female employee as against a male employee , for work of equal value; and Favoring a male employee over a female employee with respect to promotion, training opportunities, study and scholarship grants solely on account of their sexes.

14. RA 7192 Women in Development and Nation Building Act This act shows that: The State recognizes the role of women in nation building and shall ensure the fundamental equality before the law of women and men. The State shall provide women rights and opportunities equal to that of men.

15. RA 7192 The National Economic and Development Authority (NEDA) shall primarily be responsible for ensuring the participation of women as recipients in foreign aid, grants and loans. It shall determine and recommend the amount to be allocated for the development activity involving women. The NEDA, with the assistance of the National Commission on the Role of Filipino Women, shall ensure that the different government departments, including its agencies and instrumentalities which, directly or indirectly, affect the participation of women in national development and their integration

16. RA 7192 Women of legal age, regardless of civil status, shall have the capacity to act and enter into contracts which shall in every respect be equal to that of men under similar circumstances. Republic Act No. 7192 page 2 In all contractual situations where married men have the capacity to act, married women shall have equal rights.

17. RA 7192 Equal Membership in Clubs Admission to Military Schools Voluntary PAG-IBIG, GSIS and SSS Coverage

18. RA 7877 Anti-sexual Harassment Act of 1995 The State shall value the dignity of every individual, enhance the development of its human resources guarantee fell respect for human rights, and uphold the dignity of work rs , employees, applicants for employment, students or those undergoing training, instruction or education. Towards this end, all forms of sexual harassment in the employment, education or training environment are hereby declared unlawful.

19. RA 7877 Work, Education or Training-related Sexual Harassment is committed by any person who, having authority, influence or moral ascendancy over another in a work or training or education environment, demands, requests or otherwise requires any sexual favor from the other, regardless of whether the demand, request or requirement for submission is accepted by the object of said Act.

20. RA 7877 It shall be the duty of the employer or the head of work-related, educational or training environment or institution, to prevent or deter the commission of acts of sexual harassment and to provide the procedures for the resolution, settlement or prosecution of acts of sexual harassment.

21. RA 7877 The Employer, Head of Office, Educational or Training Institution shall be liable for damages arising from the acts of sexual harassment committed in the employment, education or training environment if the employer, head of office, educational or training institution is informed of such acts by the offended party and no immediate action is taken thereon.

22. RA 7877 Penalties Any person who violates the provisions of this Act shall, upon conviction, be penalized by imprisonment of not less than 1 month nor more than 6 months, or a fine of not less than 10,000 nor more than 20,000, or both such fine and imprisonment at the discretion of the court. Any action arising from the violation of the provisions of this Act shall prescribe in 3 years.

23. RA 7600 The Rooming-In and Breastfeeding Act of 1992 Declaration of Policy. — The State adopts rooming-in as a national policy to encourage, protect and support the practice of breastfeeding. It shall create an environment where basic physical, emotional, and psychological needs of mothers and infants are fulfilled through the practice of rooming-in and breastfeeding.

24. RA 7600 The provisions in this Chapter shall apply to all private and government health institutions adopting rooming-in and breastfeeding as defined in this Act.

25. RA 7600 The following newborn infants shall be put to the breast of the mother immediately after birth and forthwith roomed-in within thirty (30) minutes Infants delivered by caesarian section shall be roomed-in and breastfed within three (3) to four (4) hours after birth Newborns delivered outside health institutions whose mothers have been admitted to the obstetrics department/unit and who both meet the general conditions stated in Section 5 of this Act, shall be roomed-in and breastfed immediately.

26. RA 7600 Infants whose conditions do not permit rooming-in and breastfeeding as determined by the attending physician. It shall be the mother’s right to breastfeed her child who equally has the right to her breastmilk.

27. RA 7322 An Act Increasing Maternity Benefits in Favor of Women Workers in the Private Sector Maternity Leave Benefit – a covered female employee who has paid at least three monthly maternity contributions in the twelve-month period preceding the semester of her childbirth, abortion or miscarriage and who is currently employed shall be paid a daily maternity benefit equivalent to 100% of her present basic salary, allowances and other benefits or the cash equivalents of such benefits for 60 days subject to the following conditions:

28. RA 7322 That the employee shall have notified her employer of her pregnancy and the probable date of her childbirth which notice shall be transmitted to the SSS in accordance with the rules and regulations it may provide; That the payment shall be advanced by the employer in two equal installments within 30 days from the filing of the maternity leave application; That in case of caesarian delivery, the employee shall be paid the daily maternity benefit for 78 days

29. RA 7322 That the payment of daily maternity benefits shall be a bar to the recovery of sickness benefits provided by this Act for the same compensable period of 60 days for the same childbirth, abortion, or miscarriage; That the maternity benefits provided under this section shall be paid only for the first four deliveries after March 13, 1973; That the SSS shall immediately reimburse the employer of 100% of the amount of maternity benefits advanced to the employee by the employer upon receipt of satisfactory proof of such payment and legality thereof; and

30. RA 7322 That if an employee should give birth or suffer abortion or miscarriage without the required contributions having been remitted for her by her employer to the SSS, or without the latter having been previously notified by the employer of the time of the pregnancy, the employer shall pay to the SSS damages equivalent to the benefits which said employee would otherwise have been entitled to, and the SSS shall in turn pay such amount to the employee concerned.

31. QUIZ

32. Under RA 7600, what is the primary goal of adopting rooming-in as a national policy? To increase the overall birth rate To provide free medical support for new mothers To reduce hospital costs for patient care To fulfill basic needs of mothers and infants through breastfeeding 2. According to RA 7322, how many daily maternity benefit days are provided for a caesarian delivery? 90 days 78 days 45 days 60 days

33. 3. What is one of the conditions required for an employee to receive maternity leave benefits under RA 7322? The benefit is available for all childbirths without conditions Benefits cover up to six deliveries only The employer must notify the SSS of the pregnancy Only one installment of payment is allowed 4. How does RA 7322 handle the situation if required maternity contributions have not been remitted by the employer? Employee loses the right to receive benefits Employer pays damages equivalent to the benefits Employee must pay contributions out of pocket Employer incurs a 10% penalty of the benefits amount

34. 5. What is a financial measure in place for employers under RA 7322 concerning the payment of maternity benefits? Employers become co-owners of the employee's benefits Employers receive a tax reduction for providing benefits Employers are reimbursed by the SSS for advanced payments Employers are exempt from advancing payments 6. What is the primary goal of the Magna Carta of Women regarding gender-based discrimination? To prioritize economic independence for women over legal equality To eliminate discrimination by promoting rights of Filipino women To create special employment conditions for women To establish separate legal systems for women

35. 7. According to RA 6725, which of the following acts is deemed unlawful? Providing additional benefits to women based on their roles as parents Offering higher salaries to men in high-risk roles based on experience Discriminating against women regarding employment terms due to sex Hiring additional women employees to meet gender quotas 8. What does RA 7192 emphasize regarding women's roles in society? Women should receive preferential treatment over men in legal matters Women are encouraged to take up traditional roles within the family unit The State focuses solely on women's rights in economic development The State recognizes women's vital role in nation-building and ensures legal equality

36. 9. Which of the following is declared unlawful by the Anti-Sexual Harassment Act of 1995? Sexual harassment cases occurring exclusively within government offices Mildly inappropriate behavior towards students in educational settings Sexual harassment that takes place between employees off-site All forms of sexual harassment in employment and education environments 10. Which aspect of discrimination does the document specify as being nullified for women? Acquisition of lands and properties independent of gender Opportunities to hold multiple government positions Rights to pursue higher education across borders Recognition and exercise of human rights on an equal basis with men