GENDER-AND-SOCIETY-Handout-1(1).docx

**GENDER AND SOCIETY** **Philosophical, Psychological, Sociological, Legal Foundation and Protection** I. PHILOSOPHICAL FOUNDATIONS OF GENDER Gender has been there since the beginning and has been part of both individual and collective consciousness, with historical records and well-known dialog...

**GENDER AND SOCIETY** **Philosophical, Psychological, Sociological, Legal Foundation and Protection** I. PHILOSOPHICAL FOUNDATIONS OF GENDER Gender has been there since the beginning and has been part of both individual and collective consciousness, with historical records and well-known dialogues about what it means to be man, woman, and "other". [Gender in Ancient Philosophy] In Chinese philosophy, a famous concept is that of "***Yin* and *Yang*"** - of "dark and light," "female and male," and "soft and hard" (Shen & D'Ambrosio, 2014). Although ancient texts such as that of Dong Zhongshu (195-115 B.C.E.) state that "*Yin* and *yang*... should be male and female, and the male and female should be *yin* and *yang*", it is understood that we each have yin and yang within and around us, and that they forever remain dynamic and related to each other. This principle had guided Chinese culture from politics to social hierarchies and domestic life. Aside from "*Yin* and *Yang*", Chinese philosophy also discussed the importance of "*Xingbie*" (tendency differences) which is the origin of the modern Chinese word "*Xing*" (gender). In terms of how the word came to be, "*Xing*" is composed of the characters, "*Xin*" and "*Sheng*", which mean "heart and mind" and "grow or natural life" respectively. So **"*Xing*" (gender) can be defined as the natural tendency of the heart and mind.** Because Chinese philosophers believe that "natural life" and "to grow" come from the same Chinese character, they believe that **it is only inherent and natural for any living being to grow, to evolve, and to change.** Shen & D'Ambrosio (2014) also stated that **one's individual nature is largely influenced, and to some extent even generated, by one's cultural surroundings**. They state that it is because of the natural order of things that humans can change, and that the natural order of things also guide us towards patterns that help us be consistent with our natural tendencies despite the changes within and around us. In fact, they cite the "Record of Rituals" in explaining how gender roles and differences are essential in social order: *"Once there is a difference between males and females, then there can be love between fathers and sons. Once there is love between fathers and sons, obligations are generated. Once obligations are generated, rituals are made. Once rituals are made, all things can be at ease."* [Gender in Contemporary Philosophy] Modern twenty-first century philosophers have stated that while human beings are indeed biological creatures, thus governed by biological order such as sex, **humans are also biological creatures of the rational kind with our own free will** which allows us to transcend biological impulses and drives (Kaczor, 2022). In **biological deterministic views**, contemporary brain studies have shown that **genetic sex (XX or XY chromosome structures) determine brain types and behavior** -- with females having an empathizing brain while males have a systematizing brain (Baron-Cohen, 2003). However, the other side of modern philosophers also posit that aside from the biological function of the word "sex", we also need to take a look at the **socio-historical linguistic view** of which the word is treated as. Meaning that socio-historically, **the word sex is loaded with traditional social expectations that are heavily anchored on one's biological sex** (Butler, 1993). For example, women are faced with these traditional social expectations once they develop breasts or experience their first menstrual period. Apart from the debates on sex, modern philosophers such as Jenkins (2016) focused their work on positing that **gender is a social class -- and moreover, it is also an identity**. That gender acts like an internal map that helps one navigate gender class structures. II. PSYCHOLOGICAL FOUNDATIONS OF GENDER STUDIES German psychologist **Paul Baltes**, developed one of the approaches to studying development called the **lifespan perspective** which conceptualizes **human behavior as influenced by developmental processes across biological, historical, sociocultural, and psychological factors from conception to death**. This approach is based on several key principles: - Development occurs across one's entire life, or is **lifelong**. - Development is **multidimensional**, meaning it involves the dynamic interaction of factors like physical, emotional, and psychosocial development - Development is **multidirectional** and results in gains and losses throughout life - Development is **plastic**, meaning that characteristics are malleable or changeable. - Development is **influenced by contextual and socio-cultural influences**. - Development is **multidisciplinary**. **Abraham Maslow** developed his **Hierarchy of Social Needs** while working on his study of the relationship between self-esteem and sexual behavior in young college women. His hierarchy, which has long withstand other theories on motivation, states that **a person's more basic needs of survival and safety give way to belongingness and esteem, which drive one's growth towards self-fulfillment**. When we feel a sense of harmony in our gender, we are said to have **gender congruence**. In gender congruence, **the gender of the individual is named such that it matches the internal sense of who they are**. This congruence is expressed through their clothing and activities, and being seen consistently by others as they see themselves. Congruence does not happen overnight, but occurs throughout life as we explore, grow, and gain insight into ourselves. It is a simple process for some, and complex for others, though all of us have a fundamental need to obtain gender congruence. **When a person moves from the traditional binary view of gender to transgender, agender, or non-binary**, they are said to "**transition**" and find congruence in their gender. What people see as a "transition" is actually **an alignment in one or more dimensions of the individual's gender as they seek congruence** across those dimensions. III. SOCIOLOGICAL FOUNDATIONS OF GENDER **Conflict Theory,** developed by **Karl Marx**, describes society as being defined by **a struggle for dominance among social groups competing for scarce or valuable resources**. Conflict Theory seeks to explain who might be benefitting ("The Haves") and who might be exploited ("The Have-Nots" in a given social situation. It is a power struggle that is most often won by those who Have. In the context of gender, some conflict theorists argue that **gender is best understood as men (as a large group) attempting to maintain (masculine) power and privilege to the detriment of women (femininity)**. How might Conflict Theory help us describe or explain sex inequality? The traditional gendered division of labor and the social inequality it produces contributes to unnecessary social conflict and can be seen in wage disparity, the metaphorical "glass ceiling," and the bread-winner still being traditionally thought of as being male. In the mid-1900s anthropologist **Margaret Mead** observed gender in three tribes uninfluenced by Westernized culture and tradition: Arapesh, Mundugamor, and Tchambuli. Her **observations of gender behaviors in these tribes created a national discussion which led many to reconsider the traditional and established sex=gender assumption**. In these tribes she found the following: - Arapesh: both men and women displayed what we typically call the feminine traits of sensitivity, cooperation, and low levels of aggression. - Mundugamor: both men and women were insensitive, uncooperative, and very aggressive. These were typical masculine traits at the time. - Tchambuli: women were aggressive, rational, and capable and were also socially dominant. Men were passive, assuming artistic and leisure roles. In her observations, gender definitions were varied and unique among peoples less influenced by Westernized cultures. She reached the conclusion that **tradition (culture) was the stronger social force over biology in determining one's gendered behavioral output, as well as their interpretations and valuing of gender.** Mead's work and her public influence helped to establish the belief that biology is only a part of the sex and gender question. Therefore, Mead established that sex does not equal gender. [Queer Theory] **Michael Foucault**'s work on sexuality said that **gender was a social construct** - a discursive production rather than an essential part of a human, which came from his larger idea of power not being repressive and negative, but as productive and generative. In other words, **power acts to make sexuality seem like a hidden truth that must be dug out and be made specific**. **Gayle Rubin** stated that **sexual identities as well as behaviors are hierarchically organized through systems of sexual classifications**. She demonstrates that certain sexual expressions are made more valuable than others, and by doing that, allowing those who are outside of these parameters to be oppressed. **Eve Kosofsky Sedgwick** argues that the homo-hetero difference in the modern sexual definition is vitally disjointed for two reasons: that homosexuality is thought to be part of a minority group, and how homosexuality is gendered to be either masculine or feminine. She points out that the **definitions of sexuality depend a lot on the gender of the romantic partner one makes**, making the assumption that the gender one has and the gender of the person one is attracted to make up the most important element of sexuality. **Judith Butler** states that **gender, like sexuality, is not an essential truth obtained from one's body but something that is acted out and portrayed as "reality".** She argues that the strict belief that the there is a "truth" of sex makes heterosexuality as the only proper outcome because of the coherent binary created of "feminine" and "masculine" and thus creating the only logical outcome of either being a "male" or "female."  Butler makes the case that **genderperformativity could be a strategy of resistance** with examples such as drag, cross-dressing, and the sexual nonrealistic depiction of butch and femme identities that poke fun at the laid out gender norms in society. IV. LEGAL FOUNDATIONS AND PROTECTION OF GENDER **Gender Equality** was made part of international human rights law by the **Universal Declaration of Human Rights**, which was adopted by the **UN General Assembly** on **10 December 1948**. Human rights are rights **inherent to all human beings**, regardless of race, sex, nationality, ethnicity, language, religion, or any other status. Human rights include the right to life and liberty, freedom from slavery and torture, freedom of opinion and expression, the right to work and education, and many more. **International human rights law** lays down the **obligations of governments** to act in certain ways or to refrain from certain acts, in order to **promote and protect human rights and fundamental freedoms of individuals or groups**. It is a **universal and internationally protected code** to which all nations can subscribe and all people aspire. **The Human Rights Council**, established on **15 March 2006** by the General Assembly and reporting directly to it, replaced the 60-year-old UN Commission on Human Rights as **the key UN intergovernmental body responsible for human rights**. The Council is made up of 47 State representatives and is tasked with **strengthening the promotion and protection of human rights around the globe by addressing situations of human rights violations and making recommendations on them, including responding to human rights emergencies**. [Philippine Legal Basis] -- EO 227, The New Family Code of the Philippines -- RA 6725, An Act Strengthening the Prohibition on Discrimination against Women with Respect to Terms and Conditions of Employment, Amending 135 of the Labor Code, as Amended. -- RA 7877, Anti-Sexual Harassment Act, which declares sexual harassment unlawful in the employment, education and training environment -- RA 6949: March 8 as a working holiday to be known as National Women's Day \- RA 6972 mandates the establishment of day care centers in every barangay \- RA 7322 increases the maternity benefits of women in the private sector \- RA 10361 Batas Kasambahay (Domestic Workers Act) and RA 7655 which states the minimum wage of domestic helpers \- RA 9262 Anti-Violence Against Women and Children \- RA 7192: Women In Development And Nation Building Act which promotes the integration of women as full and equal partners of men in development and nation building \- RA 9710: Magna Carta Of Women, And IRR; or The Magna Carta of Women (MCW) is a comprehensive women\'s human rights law that seeks to eliminate discrimination through the recognition, protection, fulfillment, and promotion of the rights of Filipino women, especially those belonging to the marginalized sectors of society. [Philippine Constitutional Basis] -- Art. II, Sec. 14, 1987 Constitution "The State recognizes the role of women in nation-building, and shall ensure the fundamental equality before the law of women and men." -- Art. XIII, Sec. 14, 1987 Constitution "The State shall protect working women by providing safe and healthful working conditions, taking into account their maternal functions, and such facilities and opportunities that will enhance their welfare and enable them to realize their full potential in the service of the nation." -- Art. XIII, Sec. 11, 1987 Constitution "The State shall adopt an integrated and comprehensive approach to health development which shall endeavor to make essential goods, health and other social services available to all the people at affordable cost. There shall be priority for the needs of the under-privileged, sick, elderly, disabled, women, and children. The State shall endeavor to provide free medical care to paupers." -- Art. IV, Sec. 1(2), 1987 Constitution The following are citizens of the Philippines: \[1\] Those who are citizens of the Philippines at the time of the adoption of this Constitution; \[2\] Those whose fathers or mothers are citizens of the Philippines; \[3\] Those born before January 17, 1973, of Filipino mothers, who elect Philippine citizenship upon reaching the age of majority; and \[4\] Those who are naturalized in accordance with law. References: - Baltes, P. (1987). Theoretical propositions of life-span developmental psychology: On the dynamics between growth and decline. Developmental Psychology, 23(5), 611-626. - Baron-Cohen, S. (2003). The Essential Difference: The Truth about the Male and Female Brain. New York, Basic Books. - Butler, J. (1993). Bodies That Matter: On the Discursive Limits of "Sex". New York: Routledge. - Coleman, K. (2017). Introduction to Women's Studies. California: College of the Canyons. - Kaczor, P. (2023). Philosophy and Theology. The National Catholic Bioethics Quarterly 23 (4):695-706. - Queer Theory: Background. (2024). University of Illinois Urbana-Champaign. - Shen, L. & D'Ambrosio, P. (2014). Gender in Chinese philiosophy. Internet Encyclopedia of Philosophy.