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Rights and Capabilities: Reading the Philippines Magna Carta of Women from the Perspective of the Capabilities Approach

Author

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  • Marina Durano

    (School of Economics, University of the Philippines Diliman)

Abstract

The Magna Carta of Women (R.A. 7910) is the Philippines comprehensive women’s human rights law. The Magna Carta of Women is found to be consistent with Rawlsian notions of justice, particularly when it undertakes inequality evaluation in primary goods. Identity-based inequality evaluation is also present in the Magna Carta of Women as implied in its definition of discrimination and marginalization. With the state as the primary duty bearer, the Magna Carta of Women gives prominence to an instrumental view of agency since participation is mediated through state mechanisms and institutions. The Magna Carta of Women fails to acknowledge the contributions of care work and the implications of the gendered division of labor. The capabilities approach highlights the challenges attached to these observations. Where human rights are viewed as ethical demands, the MCW succeeds in giving attention to aspects of women’s lives that require state support.

Suggested Citation

  • Marina Durano, 2014. "Rights and Capabilities: Reading the Philippines Magna Carta of Women from the Perspective of the Capabilities Approach," UP School of Economics Discussion Papers 201404, University of the Philippines School of Economics.
  • Handle: RePEc:phs:dpaper:201404
    as

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    File URL: http://www.econ.upd.edu.ph/dp/index.php/dp/article/view/1457/926
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    References listed on IDEAS

    as
    1. Ingrid Robeyns, 2005. "The Capability Approach: a theoretical survey," Journal of Human Development and Capabilities, Taylor & Francis Journals, vol. 6(1), pages 93-117.
    2. Martha Nussbaum, 2003. "Capabilities As Fundamental Entitlements: Sen And Social Justice," Feminist Economics, Taylor & Francis Journals, vol. 9(2-3), pages 33-59.
    Full references (including those not matched with items on IDEAS)

    More about this item

    Keywords

    gender equality; law and economics; human rights; capabilities;

    JEL classification:

    • K3 - Law and Economics - - Other Substantive Areas of Law
    • J16 - Labor and Demographic Economics - - Demographic Economics - - - Economics of Gender; Non-labor Discrimination
    • K00 - Law and Economics - - General - - - General (including Data Sources and Description)
    • D63 - Microeconomics - - Welfare Economics - - - Equity, Justice, Inequality, and Other Normative Criteria and Measurement
    • I31 - Health, Education, and Welfare - - Welfare, Well-Being, and Poverty - - - General Welfare, Well-Being

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