Module 6: Gender Responsive Laws PDF

MODULE 6. GENDER RESPONSIVE LAWS LEARNING OUTCOMES: By the end of this lesson, students should be able to: a. Define gender-responsive laws and explain how they differ from gender-neutral or gender-blind laws. b. Understand the importance of gender-responsive laws in achieving gender eq...

MODULE 6. GENDER RESPONSIVE LAWS LEARNING OUTCOMES: By the end of this lesson, students should be able to: a. Define gender-responsive laws and explain how they differ from gender-neutral or gender-blind laws. b. Understand the importance of gender-responsive laws in achieving gender equality and protecting marginalized groups. c. Identify key examples of gender-responsive legal frameworks and policies at local, national, and international levels. INTRODUCTION What are Gender Responsive Laws? “Gender-responsive legislation makes legislative systems more responsive to explicit and implicit gender issues. It facilitates accountability – in legislative and policy implementation – to the specific needs of different sexes and to different gendered perspectives on pivotal social, economic and political issues.” (Vijeyarasa, R., 2020) WARM-UP ACTIVITY: Case Reading The Philippines’ laws are ever evolving and we are slowly trying to improve our laws to fit the needs of the status quo. Do you know the difference between the following terms? 1. Discrimination 2. Harassment 3. Stereotype 4. Prejudice 5. Violence 6. Abuse 1 Of these terms, which of them does the law actually prevent and penalize? Are our laws effective in ensuring that these do not happen to women and members of the LGBT community? CONTENT: Lesson 1 SDG 5 and Other Global Initiatives (from the website of Sustainable Development Goals | National Geographic Society. (n.d.). Retrieved November 7, 2022, from https://education.nationalgeographic.org/resource/sustainable-development-goals/ ) In 2015, the 193 countries that make up the United Nations (UN) agreed to adopt the 2030 Agenda for Sustainable Development. The historic agenda lays out 17 Sustainable Development Goals (SDGs) and targets for dignity, peace, and prosperity for the planet and humankind, to be completed by the year 2030. The agenda targets multiple areas for action, such as poverty and sanitation, and plans to build up local economies while addressing people's social needs. In short, the 17 SDGs are: 2 The SDGs build on over a decade of work by participating countries. In essence, the SDGs are a continuation of the eight Millennium Development Goals (MDGs), which began in the year 2000 and ended in 2015. The MDGs helped to lift nearly one billion people out of extreme poverty, combat hunger, and allow more girls to attend school. The MDGs, specifically goal seven, helped to protect the planet by practically eliminating global consumption of ozone-depleting substances; planting trees to offset the loss of forests; and increasing the percent of total land and coastal marine areas worldwide. The SDGs carry on the momentum generated by the MDGs with an ambitious post-2015 development agenda that may cost over $4 trillion each year. The SDGs were a result of the 2012 Rio+20 Earth Summit, which demanded the creation of an open working group to develop a draft agenda for 2015 and onward. Unlike the MDGs, which relied exclusively on funding from governments and nonprofit organizations, the SDGs also rely on the private business sector to make contributions that change impractical and unsustainable consumption and production patterns. Novozymes, a purported world leader in biological solutions, is just one example of a business that has aligned its goals with the SDGs. Novozymes has prioritized development of technology that reduces the amount of water required for waste treatment. However, the UN must find more ways to meaningfully engage the private sector to reach the goals, and more businesses need to step up to the plate to address these goals. Overall, limited progress has been made with the SDGs. According to the UN, many people are living healthier lives now compared to the start of the millennium, representing one area of progress made by the MDGs and SDGs. For example, the UN reported that between 2012 and 2017, 80 percent of live births worldwide had assistance from a skilled health professional—an improvement from 62 percent between 2000 and 2005. While some progress has been made, representatives who attended sustainable development meetings claimed that the SDGs are not being accomplished at the speed, or with the appropriate momentum, needed to meet the 2030 deadline. On some measures of poverty, only slight improvements have been made: The 2018 SDGs Report states that 9.2 percent of the world's workers who live with family members made less than $1.90 per person per day in 2017, representing less than a 1 percent improvement from 2015. Another issue is the recent rise in world hunger. Rates had been steadily declining, but the 2018 SDGs Report stated that over 800 million people were undernourished worldwide in 2016, which is up from 777 million people in 2015. Another area of the SDGs that lacks progress is gender equality. Multiple news outlets have recently reported that no country is on track to achieve gender equality by 2030 based on the SDG gender index. On a scale of zero to 100, where a score of 100 means equality has been achieved, Denmark was the top performing country out of 129 countries with score slightly under 90. A score of 90 or above means a country is making excellent progress in achieving the goals, and 59 or less is considered poor headway. Countries were scored against SDGs targets that particularly affect women, 3 such as access to safe water or the Internet. The majority of the top 20 countries with a good ranking were European countries, while sub-Saharan Africa had some of the lowest-ranking countries. The overall average score of all countries is a poor score of 65.7. In fall of 2019, heads of state and government will convene at the United Nations Headquarters in New York to assess the progress in the 17 SDGs. The following year—2020—marks the deadline for 21 of the 169 SDG targets. At this time, UN member states will meet to make a decision to update these targets. In addition to global efforts to achieve the SDGs, according to the UN, there are ways that an individual can contribute to progress: save on electricity while home by unplugging appliances when not in use; go online and opt in for paperless statements instead of having bills mailed to the house; and report bullying online when seen in a chat room or on social media. International Instruments for Gender-Responsive Governance Legal basis for the study of Gender and Society can be contextualized and classified into international and national policies. The International basis are treaties which includes international agreements, issuances, declaration, and the like while national basis are in the form of constitutional, statutory, institutional and the like. The international basis are more likely to provide framework but cannot be used as legal remedy while the national basis are more likely to be capable to use as a judicial remedy in the national and legal affairs. International Agreement The commonly used and widely accepted international agreements on Women are the Convention on the Elimination of All forms of Discrimination Against Women (CEDAW, 1979) and Beijing Platform for Action (Beijing Declaration, 1995). It declared the rights of women to live in a society free from discrimination and violence, ensure equal rights and opportunities, and provide guiding principles to the individual state in legislating national laws in safeguarding and building a community free from violence and discrimination where women receives equal treatment. The CEDAW defines discrimination against women as "...any distinction, exclusion or restriction made on the basis of sex which has the effect or purpose of impairing or nullifying the recognition, enjoyment or exercise by women, irrespective of their marital status, on a basis of equality of men and women, of human rights and fundamental freedoms in the political, economic, social, cultural, civil or any other field." According to United Nations Organization in relation to CEDAW, the acceptance of the Convention, as an effect, signatories countries commit themselves to undertake a series of measures to end discrimination against women in all forms, including: (1) to 4 incorporate the principle of equality of men and women in their legal system, abolish all discriminatory laws and adopt appropriate ones prohibiting discrimination against women; (2) to establish tribunals and other public institutions to ensure the effective protection of women against discrimination; and (3) to ensure elimination of all acts of discrimination against women by persons, organizations or enterprises. The Beijing Declaration and Platform for Action or BPfA is a landmark document for advancing the rights of women and gender equality worldwide agreed during the 4th World Conference on women in 1995. The international community came to a consensus and agreed to a comprehensive blueprint of commitments supporting the full development of women and their equality with men in 12 areas of concern: (1) women and poverty; (2) education and training of women; (3) women and health; (4) violence against women; (5) women and armed conflict; (6) women and the economy; (7) women in power and decision-making; (8) institutional mechanisms; (9) human rights of women; (10) women and media; (11) women and the environment; (12) the girl child. The BPfA affirmed the principles that would govern future actions and strategies for women, and firmly set in place an agenda for empowering women by integrating their concerns in national plans and policies. Governments and the UN agreed to promote gender mainstreaming as a strategy to ensure that a gender perspective is reflected in all policies and programs at the national, regional and international levels. According to Philippine Commissions of Women, the Beijing Conference broadened the discussions on women’s rights to include violence against women, women’s leadership and political participation and economic concerns. With this, in the Philippines, it connected what were previously regarded as women’s issues with other pressing concerns on the environment, human rights, population, and armed conflict. The country also adopted gender mainstreaming as the strategy to advance women’s rights in the country. The aforementioned conventions have a legal binding to the signatories where countries who agreed to the policies must put the convention in its national policies. They obliged to send reports and fulfill its obligations. There are attempts to push international recognition of the LGBT rights and an effort to be widely accepted and be explicitly included in the convention and declaration in ending all forms of discrimination and violence against them. But these moves were fervently opposed by countries who do not recognize the LGBT rights and communities. Such reform and inclusion in the international agreement will be faced with strong opposition and more likely to lead in a faction between those who support and those who are against. Despite the lack of international agreement, there are countries that advances LGBT rights both nationally and internationally and, both legal and socio-cultural. Countries who support the causes of the LGBT opted to recognized their 5 rights and it was done domestically through legalizing same sex marriage, laws protecting them from all of forms of discrimination and violence and the like. Lesson 2. Domestic Laws on Gender Introduction Let’s review! Remember “intersectionality”? (Center for Intersectional Justice, nd) IMPORTANT: Gender responsive laws must address the multiple layers of discrimination faced by women - not only on the basis of GENDER but also other aspects of their identity… The Legal Basis for Gender and Development The Magna Carta of Women (Republic Act No. 9710) defines Gender and Development Program (GAD) as the development perspective and process that is participatory and empowering, equitable, sustainable, free from violence, respectful of human rights, supportive of self-determination and actualization of human potentials. It seeks to achieve gender equality as a fundamental value that should be reflected in development choices and contends that women are active agents of development, not just passive recipients of development. 6 GAD focuses on Gender Mainstreaming or a strategy for: Making women’s as well as men’s concerns and experiences an integral dimension of the design, implementation, monitoring, and evaluation of policies, programs, and projects in all social, political, civil, and economic spheres so that women and men benefit equally. Assessing the implications for women and men of any planned action, including legislation, policies, or programs in all areas and at all levels There are many other laws that promote gender rights. 1. R.A. 9262: Anti-Violence Against Women and Their Children Act of 2004 Anti-Violence Against Women and Their Children Act of 2004 (Republic Act 9262) “An Act defining Violence Against Women and Their Children, Providing for Protective Measures for Victims, Prescribing Penalties Therefore, and for Other Purposes” In R.A. 9262, crimes committed under this law can only be committed against a woman and her children within the contemplation of Section 3 thereof: “The term “woman” refers to offender’s wife, former wife, or a woman with whom he has or had a sexual or dating relationship, or with whom he has a common child.” Sec. 3. Definition of Terms – The law defines “Violence against women and their children” to include: - Physical Violence – bodily or physical harm - Sexual Violence – i.e. rape, sexual harassment, acts of lasciviousness, treating women as sexual objects (Sec. 3a), forcing to engage in sexual activity (Sec. 3b), and prostitution the woman or child (Sec. 3c) - Psychological Violence – acts or omissions causing or likely to cause mental or emotional suffering of the victim And it also includes ECONOMIC ABUSE: “A form of violence against women and their children is economic abuse, which includes deprivation or withdrawal of financial support to the common child with the purpose or effect of controlling or restricting the woman or her child’s movement or conduct. Specifically, failure to give support to one’s child, whether legitimate or illegitimate, is penalized as economic abuse under Sec. 5 (e) of VAWC.” 7 2. R.A. 7877: Anti-Sexual Harassment Act of 1995 “An Act Declaring Sexual Harassment Unlawful in the Employment, Education or Training Environment, and for other purposes” HARASSMENT may be Physical Harassment - Physical harassment is an act where someone inappropriately touched you against your will. Physical harassment in the workplace is also known as workplace violence. Physical harassment behavior intimidates, embarrasses, threatens and makes the victim uncomfortable. Verbal Harassment - Here are some examples of verbal harassment: Jokes, Innuendos, Racial, Sexist or Homophobic Slurs, Name-Calling, Condescending Talk, and Insults Visual Harassment - Visual harassment is a situation where the individual exposes themselves to another person without the consent of the victim, and the act affects their performance or attitude. Examples of visual harassment include: Exposing private parts, Sending sexual images or videos to another person, and Staring at someone else’s body offensively, and making the person feel uncomfortable. Psychological Harassment - is defined as negative or hostile behavior by one or more persons, directly or indirectly targeting a third person. This is behavior that occurs repeatedly and systematically over an extended period of time, and is intended to attack or demean a person, to isolate or exclude them and to gradually force them out of their workplace or educational program. 8 This law defines work, education or training-related sexual harassment as: Section 3: “... sexual harassment… committed by an employer, employee, manager, supervisor, agent of the employer, teacher, instructor, professor, coach, trainor, or any other person who, having authority, influence or moral ascendancy over another in a work or training or education environment, demands, requests or otherwise requires any sexual favor from the other, regardless of whether the demand, request or requirement for submission is accepted by the object of said Act. “Sexual harassment is an imposition of misplaced "superiority" which is enough to dampen an employee’s spirit and her capacity for advancement. It affects her sense of judgment; it changes her life.” (MA. LOURDES T. DOMINGO vs. ROGELIO I. RAYALA, GR No. 155831, February 18, 2008) Let’s highlight this: “…who, having authority, influence or moral ascendancy over another in a work or training or education environment…” So, it is all about… Power Dynamics. 3. R.A. 11313: Safe Spaces Act of 2019 “AN ACT DEFINING GENDER-BASED SEXUAL HARASSMENT IN STREETS, PUBLIC SPACES, ONLINE, WORKPLACES, AND EDUCATIONAL OR TRAINING INSTITUTIONS, PROVIDING PROTECTIVE MEASURES AND PRESCRIBING PENALTIES THEREFOR” Did R.A. 11313 AMEND R.A. 7877 or the Anti-Sexual Harassment Act of 1995? Answer: No, it did not. It actually improved the law on anti-sexual harassment by expanding its coverage. SAFE SPACES ACT (RA11313) ALSO COVERS SEXUAL HARASSMENT COMMITTED IN: ARTICLE I - STREETS AND PUBLIC SPACES SEXUAL HARASSMENT ARTICLE II - GENDER-BASED ONLINE SEXUAL HARASSMENT ARTICLE IV - GENDER-BASED SEXUAL HARASSMENT IN THE WORKPLACE ARTICLE V - GENDER-BASED SEXUAL HARASSMENT IN EDUCATION AND TRAINING INSTITUTIONS The Oppression of Women is Systematic & Structural Patriarchal society perpetuates toxic masculinity, which perpetuates, sexual assault, sexual aggression, substance abuse, negative mental health, domestic violence, and negative parenting techniques and expectations. 9 4. R.A. 6725: Strengthening the Prohibition of Discrimination Against Women in the Workplace A key player in drafting the CEDAW, she also authored which was made into law was Republic Act 6725 or the "Strengthening the Prohibition of Discrimination Against Women in the Workplace." Effects of Discrimination in the Workplace: decreased productivity low self-esteem feelings of frustration, anger, or paranoia feeling unsafe or fearful isolation from other coworkers tension between yourself and the perpetrator of the discrimination (e.g. coworkers, supervisor, company) mental health and substance abuse issues workplace conflict (https://florinroebig.com/workplace-discrimination-women/) 5. R.A. 8353: The Anti-Rape Law of 1997 Leticia Ramos-Shahani was also the principal author of Republic Act 8353 or the Anti-Rape Law which reclassified rape as a crime against persons, meaning it is no longer considered as a private crime. also authored the Republic Act 8505 or the Rape Victim Assistance and Protection Act of 1998 10 advocated the allocation of at least 5 percent of every government agency's total budget for women's rights and gender equality otherwise known as the Gender and Development Budget Policy What constitutes RAPE under Philippine Law: It is public offense: By declaring that rape is a crime against persons, the law no longer considers it as a private crime. Anyone who has knowledge of the crime may file a case on the victim’s behalf. The prosecution continues even if the victim drops the case or pardons the offender. RAPE IS COMMITTED: By a man who shall have sexual intercourse with a woman under any of the following circumstances: Through force, threat, or intimidation When the victim is deprived of reason or is unconscious Through fraudulent machination or grave abuse of authority; and When the victim is under twelve (12) years of age or is demented, even if none of the above circumstances are present. Application: Read on some cases or articles about violations of the above law and provide your own assessment on whether these laws are properly implemented. Read more here: https://pcw.gov.ph/laws-and-policies-on-women/ Assessment: Create an infographic showcasing laws that promote safety of women and members of the LGBTQ+ in school grounds, at home or in public spaces. (See rubrics for criteria). 11 References: Sustainable Development Goals | National Geographic Society. (n.d.). Retrieved November 7, 2022, from https://education.nationalgeographic.org/resource/sustainable-development-goals/ ) Vijeyarasa, R. (2020). What is gender-responsive legislation? Using international law to establish benchmarks for labour, reproductive health and tax laws that work for women. Griffith Law Review, 29(3), 334–350. https://doi.org/10.1080/10383441.2020.1853900 12