Gender Laws in the Philippines

Module 1: Intro to Gender and the Law

• January 6, 1983: FEM (Federation of Erotica Makers) declared "Araw ng Balikatan" (Day of Solidarity) by virtue of PD No. 1609, recognizing the role of non-government organizations as partners of the government in implementing programs for women's development.

History of Gender and Historical Background on the Perception of Women in the Philippines

• 1970: The National Commission on the Role of Filipino Women (now known as the Philippine Commission on Women) was created by virtue of PD No. 633 issued on January 7, 1975 by President Ferdinand E. Marcos, in response to the call of the UN General Assembly for the establishment of a government machinery that would attend to women's concerns.

• 1977: The National Commission on the Role of Filipino Women organized the "Balikatan sa Kaunlaran Program" following the Filipino tradition of "Balikatan" or working together, which comprised the majority of the women population at that time.

Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW)

• 1979: UN adopted CEDAW, which took effect on September 3, 1981.
• Three principles of CEDAW:
  • Equality in Opportunity
  • Equality in Access
  • Equality in Results

Philippine Legislation and Women's Rights

• 1980: Philippines signed CEDAW; ratified on August 5, 1981.
• 1986: Aquino government refocused on making the government work for gender equality and women's empowerment through the strategy of Gender and Development Mainstreaming.
• 1987: The 1987 Philippine Constitution enshrines the principles of equality between men and women.
• 1990: Republic Act No. 6949 declared March 8 as National Women's Day.
• 1991-2000: Continuation of reforms started in the previous years.

Historical Background on the Perception of Women in the Philippines

• Pre-colonial era: Women held positions of authority as religious leaders, community doctors, and healers in some pre-colonial Philippine societies.

Spanish Era

• Arrival of Spaniards led to a disruption of the traditional role of women in the Philippines.

American Era

• Introduction of a new public education system by the Americans retained opportunities for every child regardless of gender.

Contemporary Setting

• Modern-day Philippine women play a decisive role in Filipino families.
• They usually handle the money, act as religious mentors, and can make all the important family decisions.

Social Justice

• Social justice means the promotion of welfare of all the people, the adoption by the government of measures calculated to ensure economic stability of the component elements of society.

United Nations Charter

• Article 1, Paragraph 3: To achieve international cooperation in solving international problems of an economic, social, cultural, or humanitarian character, and in promoting and encouraging respect for human rights and for fundamental freedoms for all without distinction as to race, sex, language, or religion.

Universal Declaration of Human Rights

• Article 1: All human beings are born free and equal in dignity and rights.
• Article 2: Everyone is entitled to all the rights and freedoms set forth in this Declaration, without distinction of any kind, such as race, colour, sex, language, religion, political or other opinion, national or social origin, property, birth, or other status.

Sex vs. Gender

• Sex refers to the physical differences between males, females, or intersex individuals.
• Gender refers to the socially constructed characteristics of women and men, such as norms, roles, and relationships of and between groups of women and men.### Gender and Human Sexuality
• Gender is socially determined and learned through socialization processes
• Gender identity is a person's internal and individual experience of their gender, separate from their assigned sex
• LGBTQIA+ is an abbreviation for lesbian, gay, bisexual, transgender, queer or questioning, intersex, asexual, and more
• Subcategories include:
  • Trans: can be transexual or transgender
  • Non-binary: not exclusively male or female
  • Pansexual: emotionally/sexually attracted to all genders
  • Closeted: not open about sexual orientation
  • Cisgender: gender identity matches biological sex

Feminist Legal Theory

• Defined as the philosophy of law based on the political, economic, and social inequality of the sexes
• Goals:
  • Explain how law contributes to gender inequality
  • Change women's status through reworking the law
• Approaches:
  • Liberal equality model: equal access, equal treatment
  • Sexual difference model: recognize and compensate for differences
  • Dominance model: law perpetuates male dominance
  • Anti-essentialist model: challenges heteronormativity, recognizes intersectionality

Models Used to Express Feminist Legal Theory

• Liberal equality model
• Sexual difference model
• Dominance model
• Anti-essentialist model
• Post-modern model: rejects liberal equality and difference theories, uses "destruction method" to find hidden bias in laws

UN Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW)

• Adopted in 1979, took effect in 1981
• Philippines ratified in 1981, with Optional Protocol in 2003
• Three foundational principles: non-discrimination, equality, and substantive equality
• Articles 1-16: definitions, country obligations, and rights of women

CEDAW Articles

• Article 1: defines discrimination against women
• Article 2: country obligations to eliminate discrimination
• Article 3: equality between women and men
• ... (up to Article 16: marriage and family)
• Philippines' response: Anti-Human Trafficking Law and Anti-Mail to Order Bride Law### Gender Laws and Equality

Philippine Constitution

• Article II, Section 14: Recognizes the role of women in nation-building and ensures fundamental equality before the law of women and men.
• Guarantees all rights in the Philippine Constitution and international instruments duly signed and ratified by the Philippines.

Magna Carta of Women

• Comprehensive women's human rights law that aims to eliminate discrimination against women.
• Recognizes, protects, fulfills, and promotes the rights of Filipino women, especially those in marginalized sectors.
• Promotes the integration of women as full and equal partners with men in development and nation-building.

Discrimination Against Women

• Defined as any gender-based distinction, exclusion, or restriction that impairs or nullifies the recognition, enjoyment, or exercise of human rights and fundamental freedoms.
• Includes acts or omissions that directly or indirectly exclude or restrict women in the recognition and promotion of their rights.

RA No. 7192 - Women in Development and Nation Building Act

• Ensures equality in capacity to act, including the ability to borrow and obtain loans, execute security and credit arrangements, and participate in agricultural credit and loan programs.
• Provides equal rights to act as incorporators, enter into insurance contracts, and apply for passports and travel documents without the need for spousal consent.

Beijing Declaration and Platform for Action (BPFA)

• A landmark document for advancing women's rights and gender equality worldwide.
• Identifies 12 areas of concern, including:
  • Women and poverty
  • Education and training of women
  • Women and health
  • Violence against women
  • Women and armed conflict
  • Women and economy
  • Women in power and decision-making
  • Institutional mechanisms
  • Human rights of women
  • Women and media
  • Women and the environment
  • The girl child

Sustainable Development Goals (SDGs)

• Goal 5: Achieve gender equality and empower all women and girls.
• Targets:
  • 5.1: End all forms of discrimination against all women and girls.
  • 5.2: Eliminate all forms of violence against all women and girls.
  • 5.3: Eliminate all harmful practices.
  • 5.4: Recognize and value unpaid care and domestic work.
  • 5.5: Ensure women's full and effective participation and equal opportunities for leadership.
  • 5.6: Ensure universal access to sexual and reproductive health and reproductive rights.

Gender Bias in the Justice System

• Defined as behavior or decision-making based on stereotypical attitudes about the nature and roles of women and men.
• Constitutes gender bias, including:
  • Stereotypical attitudes about the nature and roles of women and men.
  • Cultural perceptions of their relative worth.
  • Myths and misconceptions about the social and economic realities encountered by both sexes.

Facts and Figures

• Globally, 26% of partnered women aged 15 and older have been subjected to physical and/or sexual violence by a husband or intimate partner.
• In 2021, 45% of women reported that they or a woman they know has experienced some form of violence since COVID-19.
• In 2021, nearly one in five young women were married before the age of 18.
• The share of women in managerial positions worldwide increased from 27.2% to 28.3% from 2015 to 2019, but remained unchanged from 2019-2020.