The Magna Carta of Women as the Philippine Translation of the CEDAW: A Feminist Critical Discourse Analysis

ABSTRACT

Republic Act 9710, or the Magna Carta of Women (MCW), is considered the Philippine version or national law translation of the Convention on the Elimination of All Forms of Discrimination against Women (CEDAW). Using the concept of impact translation as a framework and the Feminist Critical Discourse Analysis (FCDA) approach, this article examines the MCW and the minutes of committee meetings, particularly the bicameral conference committee meeting where lawmakers agreed on the finalized version of the bill. It applies the concept of gender relationality in examining how legislators negotiated the provisions of the MCW, particularly those on reproductive health and the definition of gender. The analysis shows that these provisions challenged Catholic doctrines specifically on gender, childbearing, and pre-marital sexual relations. It argues that the Catholic conception of gender norms and women’s role in society shaped the law’s final version, disregarding the CEDAW Committee recommendations on abortion. Findings suggest that the legislators’ fear that the law’s ratification would serve as an opening for the legalization of abortion led to a weakened version of the law, particularly the section on women’s reproductive health.

KEYWORDS:

• CEDAW
• Feminist Critical Discourse Analysis
• Philippines
• Magna Carta of Women
• impact translation

Disclosure statement

No potential conflict of interest was reported by the author(s).

Notes

1 In the Philippine legislative process, in case there are conflicting provisions in the Senate (Upper House) and the House of Representatives (Lower House) versions of the bill, the bicameral conference committee is established to reconcile these differences.

2 The conferees of the bicameral conference committee include one female senator, seven female members of the House of Representatives, two male senators, and three male members of the House of Representatives

3 The six disagreeing provisions were under Section 2 Declaration of Policy on the principles of human rights of women, specifically on the concept of universal human rights; Section 4 on the Definition of Gender; Section 13 on Equal Access and Elimination of Discrimination in Education, Scholarships, and Training specifically on the dismissal of women from educational institutions on account of pregnancy outside of marriage; Section 15 on Women in Military, where lawmakers decided to expand the provision to include the police and other similar services; Section 17 on Women’s Right to Health; specifically the inclusion of the word ‘ethical’ in the methods of family planning; and Section 19 on Equal Rights in All Matters Relating to Marriage and Family Relations, specifically the use of the concept of common-law relationships.

4 Article II, Section 12 of the 1987 Philippine Constitution states ‘The State recognizes the sanctity of family life and shall protect and strengthen the family as a basic autonomous social institution. It shall equally protect the life of the mother and the life of the unborn from conception.’ Articles 256–259 of the The Revised Penal Code of the Philippines, Act. No. 3815 penalizes abortion.

5 The Family Code (Executive Order No. 209) is the Philippines’ basic law on persons and family relations. In March 2018, during the 17th Congress, the House of Representatives voted for the passage of House Bill 07303 ‘An Act Instituting Absolute Divorce and Dissolution of Marriage in the Philippines’ but there was no counterpart bill in the Senate. Three versions of the bill has been filed in the current 18^th Congress both in the House of Representatives and the Senate.

6 To provide representation to marginalised sectors of the society such as the labour, peasant, urban poor, indigenous cultural communities, women, and youth, the Philippine Constitution included a provision for sectoral or party-list representatives constituting 20 per cent of the lower house. Gabriela Women’s Party (GWP), managed to obtain seats in in the 13th to 18th Congresses

7 In the case of Falcis III v. Civil Registrar-General (G.R. No. 217910), the Philippine Supreme Court dismissed the petition questioning the constitutionality of these provisions in the Family Code. In its ruling, the Supreme Court stated: ‘Lest the exercise of its power amount to a ruling on the wisdom of the policy imposed by Congress on the subject matter of the law, the judiciary does not arrogate unto itself the rule-making prerogative by a swift determination that a rule ought not exist’. Stated simply, the Judiciary leaves the issue on same-sex marriage to the hands of the Legislature.

8 The Philippine House of Representatives passed the Sexual Orientation and Gender Identity Expression (SOGIE) Equality Bill during the 17th Congress (2017). It has been referred to as the non-discrimination bill which prohibits gender-based discrimination. The bill did not have the same support in the Senate. Versions of the bill have been refiled in the 18th Congress.

Additional information

Funding

This work was supported by The University of Auckland Doctoral Scholarships [No grant number provided].

Notes on contributors

Gay Marie Manalo Francisco

Gay Marie Manalo Francisco completed her doctoral studies in Politics and International Relations at the University of Auckland, New Zealand, as a University of Auckland Doctoral Scholar. Her current research interests include women’s representation, informal institutions, and transnational relations.