Gender-and-Society-LESSON-1.docx

**[Gender and Society]** **Lesson 1: Legal Basis for the Study of Gender and Society Understanding the Legal Framework and Historical Context** What is gender and society? - Gender and Society is an interdisciplinary field of study that examines the roles, behaviors, activities, expectation...

**[Gender and Society]** **Lesson 1: Legal Basis for the Study of Gender and Society Understanding the Legal Framework and Historical Context** What is gender and society? - Gender and Society is an interdisciplinary field of study that examines the roles, behaviors, activities, expectations, and identities that societies consider appropriate for men and women. It explores how these roles and identities are constructed, maintained, and challenged within various social, cultural, and political contexts. Key Concepts 1. **Gender Roles and Expectations**: These are the societal norms dictating the behaviors, attitudes, and activities deemed appropriate for men and women. 2. **Social Construction of Gender:** This perspective emphasizes that our understanding of what it means to be \"male\" or \"female\" is influenced by cultural, social, and historical contexts. 3. **Intersectionality:** This concept examines how gender intersects with other aspects of identity, such as race, class, sexuality, and age, to create complex systems of discrimination and privilege. 4. **Gender Inequality and Power:** This includes studying discrimination, violence, economic disparities, and other forms of gender-based oppression. 5. **Feminism and Advocacy:** It encourages activism and advocacy for gender justice and equality. 6. **Global and Cultural Perspectives:** The field also considers how gender norms and issues vary across different cultures and around the world Importance of Studying Gender and Society 1. **Promotes Awareness:** for recognizing and addressing inequalities in various aspects of life, including the workplace, education, and healthcare. 2. **Encourages Inclusivity:** fosters an inclusive approach to policy-making, education, and social practices, ensuring that diverse gender identities and experiences are respected. 3. **Supports Social Change:** supports efforts to create a more just and equitable society. 1. **Establishing Rights and Protections**: Laws provide a formal recognition of gender rights and protections, ensuring that individuals and groups are acknowledged and protected under the law. 2. **Promoting Social Change:** Laws and legal frameworks guide the development of public policies that address gender issues, such as workplace equality, reproductive rights, and protection from violence. 3. **Providing a Framework for Education:** Legal mandates can influence educational content, ensuring that gender equality and sensitivity are integrated into the curriculum and promote advocacy for gender equality, empowering individuals to challenge and change discriminatory practices. 4. **Ensuring Accountability:** This includes ensuring gender equality in the workplace, in educational settings, and in public services. 5. **Supporting Marginalized Groups:** Legal protections are essential for safeguarding the rights of marginalized groups, such as women, LGBTQ+ individuals, and those facing multiple forms of discrimination. **Historical Timeline of Gender Development Laws** **[1937: Women's Suffrage]** **Event:** The plebiscite on April 30, 1937, granted Filipino women the right to vote, marking a significant milestone in the fight for gender equality in the Philippines **Outcome:** Over 90% of the voting population supported women\'s suffrage, leading to the inclusion of women\'s right to vote in the 1935 Constitution **Historical Context:** Before 1937, Filipino women were actively involved in advocating for their right to vote. This movement was led by women\'s organizations, such as the Asociación Feminista Filipina and the National Federation of Women's Clubs. **Global Influence:** The suffrage movement in the Philippines was part of a broader global movement advocating for women\'s rights, influenced by similar movements in the United States and Europe. **Impact on Gender Equality:** The granting of suffrage rights was a significant step forward in recognizing women\'s role in political life. It allowed women to participate in elections and run for public office, contributing to more inclusive governance **[1948: Establishment of the National Federation of Women's Clubs]** **Event:** The National Federation of Women's Clubs (NFWC) was officially established in 1948 as an umbrella organization for various women\'s clubs across the Philippines. **Purpose:** The NFWC aimed to unify and strengthen women\'s groups to advocate for women\'s rights, social welfare, and community development. It played a key role in advancing gender equality and empowering women in the country. **Historical Context:** The establishment of the NFWC occurred in the post-World War II era, a time when the Philippines was rebuilding its society and institutions. Women\'s organizations were instrumental in addressing the social and economic challenges of the time, particularly in supporting families, education, and public health. **Continuity of Advocacy:** The NFWC built on the legacy of earlier women\'s movements in the Philippines, including those that fought for women's suffrage. It provided a formal structure for collaboration and advocacy on a national scale **[1975: Philippines Ratifies CEDAW]** **Legal Basis:** CEDAW is an international treaty adopted in 1979 by the United Nations General Assembly, often described as an international bill of rights for women. The Philippines ratified CEDAW in 1981, which made it legally binding in the country. **Background:** CEDAW obligates signatory countries to ensure women\'s equality in all aspects of life. It requires nations to take measures to eliminate discrimination against women, including in political, economic, social, and cultural fields. **Purpose:** CEDAW aims to eliminate all forms of discrimination against women by establishing legal, social, and political frameworks to ensure women\'s equality in various aspects of life. **Scope of Discrimination:** Discrimination, as defined by CEDAW, encompasses any distinction, exclusion, or restriction made on the basis of sex that impairs or nullifies the recognition, enjoyment, or exercise by women, irrespective of their marital status, of human rights and fundamental freedoms in political, economic, social, cultural, civil, or any other field **Core Provisions:** **Equality in Law and Practice:** CEDAW requires signatory countries to incorporate the principle of gender equality into their legal systems, abolish discriminatory laws, and adopt appropriate legislation prohibiting discrimination against women. **Elimination of Gender-Based Discrimination:** Nations are urged to take appropriate measures, including enacting new laws, to prevent discrimination against women and to promote gender equality in areas such as education, employment, healthcare, and political participation. **Protection from Violence:** CEDAW emphasizes the protection of women from all forms of violence, including domestic violence, and advocates for the provision of services to support victims **[1987: Philippine Constitution, Article II, Section 14]** **Text of the Provision:** Article II, Section 14 of the 1987 Philippine Constitution states: \"The State recognizes the role of women in nation-building and shall ensure the fundamental equality before the law of women and men.\" **Constitutional Significance:** This provision is part of the Declaration of Principles and State Policies, which outlines the guiding principles of the Philippine government. It establishes a legal foundation for promoting and protecting gender equality in the country. **Foundation for Gender Equality:** Article II, Section 14 lays the foundation for all gender-related laws and policies in the Philippines. It establishes a clear state policy of equality and non-discrimination, influencing government actions and societal attitudes towards gender issues. **Empowerment and Protection:** This constitutional provision empowers women by recognizing their contributions to society and providing them with legal protection against discrimination. It ensures that the state is responsible for upholding and advancing gender equality in all aspects of governance and public life. **[1989: Republic Act No. 6725]** **Title:** *An Act Strengthening the Prohibition on Discrimination Against Women with Respect to Terms and Conditions of Employment, Amending for the Purpose Article One Hundred Thirty-Five of the Labor Code, as Amended* **Overview:** It aims to protect women from discrimination in the workplace, specifically in terms of employment conditions. This law amends the existing provisions of the Labor Code to ensure that women are given equal opportunities and are not discriminated against based on gender. **Key Provisions:** - **Prohibition of Discrimination:** The law explicitly prohibits employers from discriminating against women in terms of compensation, promotion, training, and other conditions of employment solely on the basis of their gender. - **Equal Pay for Equal Work:** It reinforces the principle that women should receive the same pay as men for work of equal value, preventing any gender-based wage gaps. - **Employment Opportunities:** Employers are required to provide equal opportunities for employment to women and men, ensuring that qualifications and abilities are the primary considerations for hiring and promotion **[1992: Republic Act No. 7192 (Women in Development and Nation Building Act)]** **Text of the Law:** This law mandates the integration of women into development processes and ensures that they have equal opportunities with men in various sectors, such as education, employment, and government services. **Purpose:** The law seeks to eliminate barriers to women\'s participation in development and nationbuilding by promoting gender equality in all fields. It mandates both the public and private sectors to create policies and programs that support the active involvement of women. **Historical Context:** Before RA 7192 was enacted, women in the Philippines often faced significant barriers to participation in economic, political, and social life. The law was passed in recognition of the critical role that women play in national development and to address the inequalities that hindered their full participation **Key Provisions:** 1. **Equal Access to Resources:** RA 7192 ensures that women have equal access to resources, opportunities, and benefits in education, training, employment, credit, and other areas essential for development. 2. **Involvement in Nation-Building**: The law recognizes women as essential partners in nationbuilding and mandates their inclusion in development programs and projects. This includes participation in planning, decision-making, and implementation processes. 3. **Gender-Responsive Budgeting:** Government agencies are required to allocate a portion of their budget for programs that support the development of women. This provision supports genderresponsive budgeting, which ensures that financial resources are used to address gender disparities. 4. **Private Sector Participation:** The law also encourages the private sector to promote gender equality in their organizations and to support women\'s development through various initiatives **[1995: The Anti-Sexual Harassment Act (Republic Act No. 7877)]** **Overview:** Republic Act No. 7877, commonly known as the Anti-Sexual Harassment Act of 1995, is a landmark law in the Philippines designed to prevent and penalize sexual harassment in the workplace, educational institutions, and training environments. It was enacted on February 14, 1995, as part of the country's efforts to promote gender equality and protect individuals, particularly women, from unwanted sexual advances and conduct. **Key Provisions:** - **Definition of Sexual Harassment:** The law defines sexual harassment as any unwanted or unwelcome sexual advances, requests for sexual favors, or other verbal or physical conduct of a sexual nature that affects the conditions of an individual\'s employment, education, or training. - **Workplace and Educational Institutions:** The law applies to both the workplace and educational institutions, ensuring that both employees and students are protected from sexual harassment by those in positions of authority, such as employers, supervisors, teachers, or trainers. - **Employer\'s Responsibility:** Employers and heads of institutions are required by law 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. - **Penalties:** The law imposes penalties on individuals found guilty of sexual harassment, including imprisonment, fines, or both, depending on the severity of the offense **[1995: Beijing Platform for Action]** **Adopted at:** The Fourth World Conference on Women, held in Beijing, China, in September 1995. **Significance:** Although not legally binding, the Beijing Platform for Action is a global policy framework that represents a commitment by 189 countries, including the Philippines, to take action on gender equality and women\'s empowerment. **Context:** The Beijing Conference was the largest gathering of its kind at the time, bringing together governments, non-governmental organizations (NGOs), and activists from around the world to discuss and create strategies to address the on going issues of gender inequality and discrimination against women. The conference built on the momentum of previous international efforts, such as the Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW) and earlier World Conferences on Women. - 12 Critical Areas of Concern: The Beijing Platform for Action identifies 12 critical areas where action is needed to achieve gender equality: 1. **Women and Poverty:** Addressing the disproportionate number of women living in poverty. 2. **Education and Training of Women:** Ensuring equal access to education for girls and women. 3. **Women and Health:** Improving women\'s access to healthcare services. 4. **Violence Against Women:** Combating all forms of violence against women. 5. **Women and Armed Conflict:** Protecting the rights of women in conflict situations. 6. **Women and the Economy:** Promoting women\'s economic independence and equal opportunities in the workplace. 7. **Women in Power and Decision-Making:** Increasing women\'s participation in political and decision-making processes. 8. **Institutional Mechanisms for the Advancement of Women:** Strengthening institutions that promote women\'s rights. 9. **Human Rights of Women:** Ensuring that women\'s human rights are protected and upheld. 10. **Women and the Media:** Promoting balanced and non-stereotypical portrayals of women in media. 11. **Women and the Environment:** Addressing the impact of environmental issues on women. 12. **The Girl Child:** Protecting the rights and ensuring the welfare of girls **[2009: Republic Act No. 9710 (Magna Carta of Women)]** **Text of the Law:** Republic Act No. 9710, commonly known as the Magna Carta of Women, was enacted in 2009 in the Philippines. This comprehensive law is designed to eliminate discrimination against women by recognizing, protecting, fulfilling, and promoting their rights. **Purpose:** The Magna Carta of Women provides a legal framework to ensure that women's rights are protected in various aspects of life, including economic, political, social, and cultural fields. **Context:** Prior to the enactment of RA 9710, the Philippines had several laws aimed at protecting women\'s rights, but gaps and inconsistencies remained. The Magna Carta of Women was created to address these gaps and to provide a more holistic and integrated approach to gender equality. **Key Provisions:** 1. **Protection Against Discrimination:** The law defines discrimination against women as any gender-based distinction, exclusion, or restriction which impairs or nullifies the recognition, enjoyment, or exercise of women's human rights and fundamental freedoms. 2. **Equal Treatment Before the Law:** It ensures that women are treated equally under the law, particularly in areas such as employment, education, and access to services. This includes provisions for equal opportunities in both the public and private sectors. 3. **Violence Against Women:** The Magna Carta of Women includes provisions that strengthen existing laws against violence towards women, ensuring that victims have access to justice, support services, and protection. 4. **Access to Health Services:** It guarantees women's access to comprehensive health services, including reproductive health care, maternal care, and nutrition services. 5. **Representation and Participation:** The law mandates the increased representation and participation of women in decision-making processes, particularly in government and other public institutions. It also calls for the establishment of gender-responsive structures and mechanisms at all levels of governance. 6. **Special Protection for Marginalized Women:** The Magna Carta of Women recognizes the unique challenges faced by marginalized women, including those in rural areas, indigenous women, women with disabilities, and others. It provides specific protections and programs to address their needs. **[2015: CHED Memorandum No. 1, Series of 2015]** **Issued by:** The Commission on Higher Education (CHED) in the Philippines. **Purpose:** The memorandum mandates the inclusion of a subject called \"Gender and Society\" as part of the revised general education curriculum in higher education institutions (HEIs) across the Philippines. **Impact:** Institutionalizes gender studies in Philippine education, promoting awareness and sensitivity. **Integration into Education:** - **Objective:** The course is designed to provide students with a critical understanding of gender issues, exploring the social, cultural, and political aspects of gender relations. It aims to foster awareness and sensitivity among students about gender-based inequalities and the various factors that contribute to these disparities. - **Content:** The subject covers key topics such as the social construction of gender, gender roles and stereotypes, the intersection of gender with other social categories (e.g., class, ethnicity, sexuality), and the impact of gender on various social institutions like family, education, and the workplace. - **Outcomes:** By incorporating this course into the general education curriculum, CHED seeks to develop students\' ability to analyze and address gender issues critically. This helps prepare them to contribute to a more inclusive and equitable society, both in their personal and professional lives **[1995-2025: The Philippine Plan for Gender-Responsive Development (PPGD)]** **Overview:** The Philippine Plan for Gender-Responsive Development (PPGD) 1995-2025 is a comprehensive national plan aimed at promoting gender equality and empowering women in the Philippines. It serves as a framework for integrating gender perspectives into the country\'s development processes, ensuring that both women and men can equally participate in and benefit from development efforts. **Key Objectives:** - **Mainstreaming Gender:** The PPGD aims to mainstream gender considerations across all sectors of government and society, ensuring that gender equality is integrated into policies, programs, and projects at all levels. - **Empowering Women:** The plan focuses on empowering women by addressing issues such as gender-based violence, economic disparities, health, education, and political participation. - **Institutionalizing Gender and Development (GAD) Budgeting:** The PPGD mandates the allocation of at least 5% of government agencies\' budgets to gender and development programs, ensuring sustained financial support for gender equality initiatives **Summary: Timeline of Social Changes and Legal Developments** **1937: Women's Suffrage** - Filipino women gained the right to vote after a national plebiscite, marking an early milestone in gender equality. **1948: Establishment of the National Federation of Women's Clubs** - Played a pivotal role in advocating for women's rights and social development. **1981: Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW)** is an international treaty ratified by the Philippines. **1987 Philippine Constitution, Article II, Section 14** sets a constitutional foundation for gender equality. **1989: RA 6725** strengthens the existing legal framework aimed at achieving gender equality in the workplace. **1992: Republic Act No. 7192 (Women in Development and Nation Building Act)** ensures that women are given equal opportunities with men. This law promotes the integration of women in all sectors of development. **1995: Anti-Sexual Harassment Act** of 1995 is an essential tool in the fight against gender-based violence and discrimination, contributing to the broader effort to achieve gender equality in the Philippines. **2009: Republic Act No. 9710 (Magna Carta of Women)** is a comprehensive women\'s rights law and institutionalizes gender equality, requiring all sectors, including education, to adopt gender-responsive practices. **2015: CHED Memorandum Order No. 1, Series of 2015** mandates the inclusion of the subject \"Gender and Society\" in the general education curriculum of higher education institutions. **1995-2025: The PPGD** is significant because it represents a long-term commitment by the Philippine government to address gender inequality and promote inclusive development