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SY, PRINCESS JANINE R. 2nd Semester, S.Y.

2018-2019
Gender and the Law Atty. Twyla Rubin

Topic: Gender Equality: How far are we?

“Freedom cannot be achieved unless women have been emancipated from all forms of
oppression”
- Nelson Mandela –

The perusal of this essay is to determine whether women’s rights, as society evolves, are
taken into consideration and whether violations made against a women by reason of their gender
has been expunged from the society’s thinking.

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. It varies from society to society
and can be changed. While most people are born either male or female, they are taught appropriate
norms and behaviours – including how they should interact with others of the same or opposite sex
within households, communities and work places. When individuals or groups do not “fit” established
gender norms they often face stigma, discriminatory practices or social exclusion – all of which
adversely affect health. It is important to be sensitive to different identities that do not necessarily fit
into binary male or female sex categories.1

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. (Art. 2) 2

Each state party to the present Covenant undertakes to respect and to ensure to all
individuals within its territory and subject to its jurisdiction the rights in this Covenant 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. (Art. 2) 3

1
https://www.who.int/gender-equity-rights/understanding/gender-definition/en/
2
UDHR, Sec. 2
3
Sec. 2 ICCPR
The Convention on Elimination of All forms of Discrimination Against Women has been
enacted to make sure that women’s rights are protected. CEDAW defines discrimination as “any
distinction, exclusion, restriction, made on the basis of sex which has the effect of impairing,
nullifying the recognition, enjoyment or exercise by women, irrespective of their social status, on the
basis of equality of men and women, of human rights and fundamental freedoms in the political,
economic, social and cultural, civil or any other field.4 It covers different kinds of discrimination such
as direct, indirect and multiple discrimination.

Discrimination against women is understood 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’.5

The Philippines, nonetheless has taken its preliminary step to the recognition of women’s
rights when it signed the CEDAW on July 15, 1980 and ratified it on August 5, 198. The Philippines
alse ratified the Optional Protocol to the CEDAW later on November 12, 2003. It can also be gleaned
that since the participation to the convention, the country has already contributed immensely in
making sure that the advancement and empowerment of the Filipino Women is being carried out.
More so, the Philippines has already enacted several laws to make sure that women enjoys equality
in rights and to treatment in the different aspects and to making sure that women enjoys an engaging
environment. As compliance, the Philippines have enacted several laws which seeks to recognize the
rights of women. To wit: The Family Code in 1988 by virtue of Executive Order 209, Anti- Sexual
Harassment Law, the Magna Carta for Women, the creation of Family Courts, the Anti-Rape Law in
1997, The Rape Victims Assistance and Protection Act in 1998, Anti-Trafficking Law, Anti-Child
Abuse Law, among others.

4
CEDAW
5
(UN General Assembly, 1979)
One of the most significant and famed products of this recognition is the enactment of the
Republic Act 7877 or the Anti-Sexual Harassment Act of the Philippines and the Magna Carta for
women which will also be the center of this article.

Republic Act 7877 otherwise known as the Anti-Sexual Harassment Act of 1995 which
declares that sexual harassment is unlawful in the employment, education or training environment.
This law provides that the state shall value the dignity of every individual, enhance the development
of its human resource, guarantee full respect for human rights, and uphold the dignity of workers,
employees, applicants for the employment, students or those undergoing training, instruction or
education. Towards this end, all forms of sexual harassment in the employment, education, or
training environment are hereby declared unlawful.6 Whereas, Republic Act 9710 otherwise known
as the Magna Carta for women is law that seeks to eliminate discrimination through recognition,
protection, fulfilment and promotion of the rights of the Filipino women, especially those belonging
in the marginalized sectors of the society. It conveys a framework of rights for women based directly
on international law.7 The Magna Carta for Women establishes the Philippine government’s pledge
of commitment to the Convention of Elimination of All Forms of Discrimination against Women
Committee in its 36th Session on 2006 and to the United Nation Human Rights Council in its first
Universal Periodic Review in 2009.8 For some, the Magna Carta of Women has been seen as the local
translation of the Convention on Elimination of All Forms of Discrimination Against Women because
it particularly defines gender discrimination, state obligations, substantive equality and temporary
measures.

Recently, Senate Bill No. 1558 was filed by Senator Risa Hontiveros, Grace Poe, Joel
Villanueva, and Leila De Lima which is shortly known as the Safe Spaces Act. This refers to the act
defining and penalizing gender-based street and public spaces harassment, expanding the definition
of Sexual Harassment and amending for such purpose the earlier law of RA 7877.

The aforementioned bill defines gender-based street and public spaces harassment as acts
such as cursing, wolf, whistling, cat-calling, leering and intrusive gazing, taunting, cursing, unwanted
invitations, misogynist and sexist slurs, persistent unwanted comments on one’s appearance,

6
Sec. 2, RA 7877 Anti Sexual Harassment Law
7
http://pcw.gov.ph/law/republic-act-9710
8
Ibid
relentless requests for one’s personal details such as names, contact and social media details or
destination, the use of words, gestures or actions that ridicule on the basis of sex, gender, or sexual
orientation, identity and expression including sexist, homophobic, and transphobic statements and
slurs, the persistent telling of sexual jokes, use of sexual names, comments and demands and any
statement that has made an invasion on a person’s personal space or threatens the person’s sense of
personal safety.9

Despite the existence of different laws recognizing the rights of the women to be treated
equally with all other gender and the right to be protected from different kinds of invasions on the
account of their gender, the issue remains at hand on whether these laws are adequate to ensure that
women are safe from violations on account of sex or these laws were passed just to show that the
Philippines is complying with the provisions and mandate of the Convention on Elimination of All
forms of Discrimination Against Women. It has then left for women enthusiasts to find out whether
these enactments are acts of hypocrisy or really an initiative of suppression of women’s rights
violation.

To this date, the difficulty in assessing and determining the root cause or causes of these kinds
of oppression is still at hand. Where is the problem? – That is the question that needs proper
addressing. It is of the opinion of the writer that in order to finally destroy these oppression is to
identify where the challenge or problem is coming from. Is it within the sufficiency or insufficiency
of the law, the government officials, and the lack of education or is it within the society itself.

Even in the presence of different laws catering to the needs of the women, violations are still
prominent in the daily lives of every women in the society not only within the four corners of a room
or establishments, but also in public spaces where women experience different kinds of
maltreatment or violations based on solely being a woman.

The Supreme Court Reports Annoted Online or eSCRA is a tool used to read Supreme Courts
decision in the Philippines. This site also offers a search mechanism where cases may be searched
through a certain topic. Using this scheme, the writer has determined the number of cases held by no
less than the highest court of the land, the Supreme Court. Since the inception of the Anti-Sexual
Harassment Law in 1995, “eSCRA” has listed a total of 1, 157 hits in 658 cases involving the key term

9
H.No. 8794
“discrimination”, 258 hits in 122 cases involving “sexual harassment” and 9 cases under the key term
“CEDAW”. Using the term, Sexual harassment, eSCRA listed a total of 31 hits in 16 cases of sexual
harassment within the year of 2017 to 2018 alone. These are the numbers which are prosecuted and
brought to the court. However, due to lack of means, a lot of women who suffers oppression and opts
not to file cases in courts.

Cases seen in the courts are not the only violations that are present in this society. Other
forms of violations are also being inflicted to women even in public spaces like cases of men
masturbating in jeepneys, unwanted touching in public vehicles, and cat calling among others.

June 13, 2015, a video was uploaded on YouTube of a man masturbating on the jeepney.
According to the uploader, the man was sited in from of her, at first, she thought that the man was
just scratching something near his pants, but later on as she look again, she was surprised to see the
man already unzipped his pants, his penis was out and masturbating.10

June 17, 2016, a female commuter rode the front passenger seat of a jeepney along Aurora
Blvd in Pasay City. Little did she know that the driver had plans other that just taking her to her
destination after he suddenly unzipped his pants and pulled out his penis. The victim said the driver
then started masturbating in her presence while stil managing to drive. This was when she started
recording the incident with her mobile phone. The suspect who was identified as a 41-year old Jesse
Veron Sewell was caught and detained in jail. The LTFRB also discovered that Sewell had a similar
case in the pas. He is facing charges for exhibitionism and sexual harassment.11

January 22, 2018, a female commuter recounted how a man touched himself in front of her
in a moving jeepney. She recalled that she was wearing a ¾ sleeve dress with a backpack across her
lap and a Mumuso ecobag filled with napkins across her legs. The man sitting in front of her suddenly
jumped up then slid down, even if the jeep was moving at a regular pace. She said that his dick was
out and masturbating.12

10
Walter Marc C. Cantero https://www.manilachannel.com/local/another-man-masturbates-on-the-jeepney/
11
http://www.cosmo.ph/entertainement/yuck/passenger-films-jeepney-driver-mastubating-beside-her-in-pasay-
a00169-20160622
12
https://www.rappler.com/move-ph/159531-viral-woman-sexual-harassment-man-masturbated-public
Last February 2016, SWS surveyed women and men in barangays Payatas and Bagong
Silangan in Quezon City regarding sexual harassment in public spaces. The survey gave an appalling
result which provides that 58% of respondents ages 12 to 24 said that they were “not sure” if Quezon
City is safe or not. As for women, 88% of the respondent’s aged 18-24 experiences sexual harassment
at least once, 34% of them experienced the “worst forms” of sexual harassment like flashing, public
masturbation and groping. Across all ages, 12% to 55% and above, wolf-whistling and catcalling are
the most experienced cases. 13

These experiences by women shows proof that violations in the form of harassment are still
evident in the society, specifically, in public spaces despite numerous laws which supposedly would
protect the rights of a woman to a safe environment. Admittedly, there are already a lot of existing
laws which promotes and protect the rights of the women, but what is lacking here is the proper
implementation.

The Philippines is lauded by governments abroad for having several pro-women laws.
Advocates, however point out that not all laws bear teeth. Aside from the country’s law on Rape, the
Magna Carta for Women, and RA 9262 otherwise known as the Violence Against Women and their
Children Act or the Anti-Sexual Harassment Law. The UN Women, however argued that street
harassment is not well-discussed in the Philippines.14

“A vision without action is a dream. Action without vision is simply passing the time. Action
with vision is making a positive difference.” – Joe Baker

Laws are nothing if we cannot find our ways to implement it. Thus, if women will continue to
hide in the shadows, women’s rights will be left untouched and forever be forgotten and unheard.
That is the reason why this society needs more women advocates – a voice that will speak the words
that women for years have failed to say. The society needs more women activist to continue fighting
for women’s rights and to make sure that the society remembers that the society has evolved – that
women deserved an equal footing and treatment with other genders.

13
http://www.rappler.com/move-ph/124993-sexual-harassment-women-streets
14
Ibid.
That is why the pressure is burdened upon women to take the steps to change the mindset of
the society because if women alone will not be eager enough to fight for their own rights, they should
not expect some else to fight for them and just submit to the myths and stereotypes of the society
that women are just as weak as other gender perceives them to be. On the other end, the government
should also take the legal steps in order to listen to the clamor of women advocates. Aside from
enacting laws from the legislative department, they should start empowering the women sector by
giving them the power and authority to adjudicate, penalize, or investigate on matters concerning
the rights of the women. The Local Government Units especially the Barangay should be educated
more intensively as to the effective ways on how to provide for a safer environment by providing for
seminars, talks, lectures, and other learning mechanisms in order to teach the people how to how to
exercise one’s rights without having to violate another’s.

To date, the Philippines is still far from reaching the goal of having a safe place for women in
private or public space, but hopes must never fall short because as long as there are women advocates
who are willing and determined to fight for the rights of the women especially those who are really
prone to oppression, possibility will always be there and one day women will achieve the same
amount of treatment and footing granted to other sectors involving different genders and no one will
be oppressed again. As Roy T. Bennett once said,

“Great things happen to those who don’t stop believing, trying, learning, and being grateful.”

From this quotation, women should be reminded that struggles in order to achieve true
equality will always be upfront and blocking the way, but women should never be demoralized and
must always strive harder and try harder because the goal of equality is not imaginary, it is within
our reach. We just need the right amount of help and support to make reach further and finally
achieve it.

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