Professional Documents
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Know the correct systems and mechanisms that produce gender inequality;
Be aware of the importance of gender equality;
Promote equality and diversity; and
Know the basics of achieving gender equality and women’s empowerment.
To achieve gender equality and women’s empowerment, agencies need to know the basics.
This learning session described the basic gender-related concepts and identify how social
institutions contribute to the perpetuation of gender issues/biases. This session will also shed
light to the difference of sexual orientations, gender identities, and gender expressions, and
appreciate the importance of GAD work and advocacy.
DEFINITION OF TERMS
Gender and Development (GAD) – refers to 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.
Sex –refers to the biological differences between males and females, such as the
genitalia and genetic differences.
Thus:
SEX is… GENDER is…
What makes one male or female What is masculine or feminine
Biologically determined Sociologically determined/ culturally
defined
Refers to physical characteristics REFERS TO LEARNED BEHAVIOR
Constant across time Changes over time
Constant/ same across different May vary in different societies and
societies and cultures cultures
Substantive equality –means full and equal enjoyment of rights and freedoms (in fact
and in law), and also equality in outcomes.
Gender equality– is the concept that women and men, girls and boys have equal
conditions, treatment and opportunities for realizing their full potential, human rights and
dignity, and for contributing to (and benefitting from) economic, social, cultural and
political development. Gender equality is, therefore, the equal valuing by society of the
similarities and the differences of men and women, and the roles they play. It is based
on women and men being full partners in the home, community and society. Equality
does not mean that women and men will become the same but that women’s and men’s
rights, responsibilities and opportunities will not depend on whether they are born male
or female. Gender equality implies that the interests, needs and priorities of both women
and men and girls and boys are taken into consideration, recognizing the diversity of
different groups and that all human beings are free to develop their personal abilities and
make choices without the limitations set by stereotypes and prejudices about gender
roles. Gender equality is a matter of human rights and is considered a precondition for,
and indicator of, sustainable people-centered development.
Gender equity – is the process of being fair to men and women, boys and girls, and
importantly the equality of outcomes and results. Gender equity may involve the use of
temporary special measures to compensate for historical or systemic bias or
discrimination. It refers to differential treatment that is fair and positively addresses a
bias or disadvantage that is due to gender roles or norms or differences between the
sexes. Equity ensures that women and men and girls and boys have an equal chance,
not only at the starting point, but also when reaching the finishing line. It is about the fair
and just treatment of both sexes that takes into account the different needs of the men
and women, cultural barriers and (past) discrimination of the specific group.
- actively participate and contribute to the political, economic, social, and cultural
development of the nation, and
- provide them equal access to ownership, management, and control of production,
and of material and informational resources and benefits in the family, community,
and society
- De jure discrimination e.g., in some countries, a woman is not allowed to leave the
country or hold a job without the consent of her husband.
- De facto discrimination e.g., a man and woman may hold the same job position and
perform the same duties, but their benefits may differ.
Gender-based violence– is an umbrella term for any harmful act that is perpetrated
against a person’s will and that is based on socially ascribed (gender) differences
between females and males. The nature and extent of specific types of GBV vary across
cultures, countries and regions. Examples include sexual violence, including sexual
exploitation/abuse and forced prostitution, domestic violence, trafficking, forced/early
marriage, harmful traditional practices such as female genital mutilation, honor killings
and widow inheritance.
Gender bias– is making decisions based on gender that result in favoring one gender
over the other which often results in contexts that are favoring men and/or boys over
women and/or girls.
Marginalization: the condition where a whole category of people is excluded from useful
and meaningful participation in political, economic, social, and cultural life.
Violence against women – are acts of instilling fear and inflicting pain with the aim to
injure or abuse a person, usually women. Forms of violence may be verbal, physical, or
psychological:
- Jokes
- Wolf-whistles
- Peeking
- Chancing or making sexual passes
- Sexual harassment
- Domestic violence
- Rape
- Prostitution
- Commodification (treating women as commodity and not as a person)
LEGAL BASIS
As in the case of: Villavicencio vs. Lukban G.R. No. L-14639, March 25, 1919
Shall the judiciary permit a government of the men instead of a government of laws to be set up
in the Philippine Islands? … But one can search in vain for any law, order, or regulation, which
even hints at the right of the Mayor of the city of Manila or the chief of police of that city to force
citizens of the Philippine Islands — and these women despite their being in a sense lepers of
society are nevertheless not chattels but Philippine citizens protected by the same constitutional
guaranties as are other citizens — to change their domicile from Manila to another locality.
Policy Declaration
WHEREAS, the Government of the Republic of the Philippines recognizes the
significant contribution of Filipino women as citizens, homemakers, workers,
volunteers, as well as their increasing participation in the development of friendly
relations and cooperation among nations, and the promotion of world peace, and,
WHEREAS, there is a need for a body to review, evaluate and recommend
measures, including priorities, to ensure the full integration of women for
economic, social, and cultural development at national, regional and international
levels and to ensure further equality between men and women;
Background
Often described as an international bill of rights for women
Adopted by the UN General Assembly in 1979
Philippines signed it on 15 July 1980, and ratified it on August 5, 1981
Entered into force as an international treaty on September 3, 1981, after the 20th
country ratified it
Content
Defines discrimination against women
Sets up an agenda for national action to end such discrimination
Imposes state commitments on Policy Measures, Guarantee of Basic Human
Rights and Fundamental Freedom, Special Measures, Sex Role Stereotyping
and Prejudice, Prostitution, Political and Public Life, Representation, Nationality,
Education, Employment, Health, Economic and Social Benefits, Rural Women,
Law, Marriage and Family Life
In the case of Halagueña vs. Philippine Airlines G.R. No. 172013, October 2, 2009
The said issue cannot be resolved solely by applying the Labor Code. Rather, it requires the
application of the Constitution, labor statutes, law on contracts and the Convention on the
Elimination of All Forms of Discrimination Against Women, and the power to apply and interpret
the constitution and CEDAW is within the jurisdiction of trial courts, a court of general
jurisdiction.
1987 Constitution
Reinforced the concepts of human dignity and equal protection of the laws as
fundamental human rights
Introduced representation of marginalized sectors, including women, in the process of
legislation
Recognized the role of women in nation building; fundamental equality before the law
between women and men
Devoted a portion on social justice
Representation
“The party-list representatives shall constitute twenty per centum of the total
number of representatives including those under the party list. For three
consecutive terms after the ratification of this Constitution, one-half of the seats
allocated to party-list representatives shall be filled, as provided by law, by
selection or election from the labor, peasant, urban poor, indigenous cultural
communities, women, youth, and such other sectors as may be provided by law,
except the religious sector.” (Legislative Department, Article VI, Section 5 (2)
Social Justice
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.
(Social Justice and Human Rights, Article XIII, Sec. 11)
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. (Social Justice and Human Rights, Article
XIII, Sec. 14)
Policy Declaration
Declaration of Policy: “The State recognizes the role of women in nation building
and shall ensure the fundamental equality before the law of women and men.
The State shall provide women rights and opportunities equal to that of men.”
(Section 2)
Salient Features
A substantial portion of official development assistance (ODA) funds shall be set
aside and utilized to support programs and activities for women
All government departments shall ensure equal benefit and direct participation of
women in the development programs and projects
All government departments and agencies shall remove gender bias in all their
regulations, circulars, issuances and procedures
Other Provisions
Capacity to act: Women of legal age shall have the same capacity to act as men
Membership in clubs: Equal access to membership in all clubs, committees,
associations
Admission to military schools: Equal opportunity for appointment, admission, training,
graduation, and commissioning in AFP and PNP schools
Social protection: Home-based married persons entitled to voluntary coverage for
Pag-IBIG, SSS and GSIS with working spouse’s consent
In the case: Republic of the Philippines vs. Manalo G.R. No. 221029, April 24, 2018
Moreover, in protecting and strengthening the Filipino family as a basic autonomous social
institution, the Court must not lose sight of the constitutional mandate to value the dignity of
every human person, guarantee full respect for human rights, and ensure the fundamental
equality before the law of women and men. A prohibitive view of Paragraph 2 of Article 26 would
do more harm than good. If We disallow a Filipino citizen who initiated and obtained a foreign
divorce from the coverage of Paragraph 2 of Article 26 and still require him or her to first avail of
the existing "mechanisms" under the Family Code, any subsequent relationship that he or she
would enter in the meantime shall be considered as illicit in the eyes of the Philippine law.
Salient Features
Presented a review of the status of women post-CEDAW
disproportionate impact of development
varying situations of women
An “agenda for women’s empowerment”
Identified 12 Critical Areas of Concern
Identified “gender mainstreaming” as strategy for achieving gender equality
commitments
12 Critical Areas of Concern
Women’s Rights as Human Rights: Women are human beings. Human beings have human
rights. As human beings, women should be able to fully exercise their human rights.
Basic Human Rights (UN Declaration of Human Rights)
Women have the right to protection and security in times of disasters, calamities, and
other crisis situations especially in all phases of relief, recovery, rehabilitation, and
construction efforts
O Women in Sports: The State shall develop, establish, and strengthen programs
for the participation of women and girl-children in competitive and noncompetitive
sports
o Women in the Military: The State shall pursue appropriate measures to eliminate
discrimination of women in the military, police, and other similar services
o Marginalized sectors
2. Girl-children
3. Senior Citizens: The State shall protect women senior citizens from neglect,
abandonment, domestic violence, abuse, exploitation, and discrimination. Towards this
end, the State shall ensure special protective mechanisms and support services against
violence, sexual abuse, exploitation, and discrimination of older women.
Institutional Mechanisms
Gender Mainstreaming”: the 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 and programs in all political, economic, and societal spheres so
that women and men benefit equally and inequality is not perpetuated.
It is the process of assessing the implications for women and men of any planned action,
including legislation, policies, or programs in all areas and at all levels.
Roles
Philippine Commission on Women: primary policymaking and coordinating body for
women and gender equality concerns under the Office of the President.
Commission on Human Rights: act as the Gender and Development Ombud, consistent
with its mandate
Commission on Audit: conduct annual audit on the use of the GAD budget for the
purpose of determining its judicious use and the efficiency
Penalties
Government agency/GOCC/LGU
- Sanctions under administrative law, civil service, or other appropriate laws shall be
recommended to the Civil Service Commission and/or the Department of the Interior
and Local Government
- Person directly responsible/LCE/Head of agency shall be liable
Private entity/individual: person directly responsible for the violation shall be liable to pay
damages.
Filing a complaint under this Act shall not preclude the offended party from pursuing
other remedies available under the law
If violence has been proven to be perpetrated by agents of the State, such shall be
considered aggravating offenses
Incentives
There shall be established an incentives and awards system which shall be administered
by a board under such rules and regulations as may be promulgated by the PCW to
deserving entities, government agencies, and local government units for their
outstanding performance in upholding the rights of women and effective implementation
of gender-responsive programs.
VAWC
REPUBLIC ACT #9262
ANTI-VIOLENCE AGAINST WOMEN AND THEIR CHILDREN ACT
MARCH 8, 2004
A special law protecting women and their childrenfrom all forms of abuse
Criminal statute
Victim:
- Woman who is:
O Offender’s wife or former wife
O Or with whom offender has had a sexual or dating relationship
O Or with whom offender has a common child
- Woman’s child or child under her care
Mode of committing: any act or series of acts; or threats of such acts
- Economic abuse: acts that make or attempt to make a woman financially dependent
O Withdrawal of financial support or preventing the victim from engaging in any
legitimate profession, occupation, business, or activity
O Deprivation or threat of deprivation of financial resources and right to property
O Destroying household property
O Controlling money or properties
Penalties:
O Lightest:1 month and 1 day (aresto mayor)
O Heaviest: reclusion perpetua (permanent imprisonment)
Rights of victims
O Right to be treated with respect and dignity
O Legal assistance; support from DSWD or LGUs
O Privacy and confidentiality of records
Philippine Plan for Gender and Development, 1995-2025, is a National Plan that addresses,
provides and pursues full equality and development for men and women. Approved and
adopted by former President Fidel V. Ramos as Executive No. 273, on September 8, 1995, it is
the successor of the Philippine Development Plan for Women, 1989-1992 adopted by Executive
No. 348 of February 17, 1989.
Three years after, DENR Administrative Order No. 98 – 15 dated May 27, 1998 came up as the
Revised Guidelines on the Implementation of Gender and Development (GAD) Activities in the
Department of Environment and Natural Resources (DENR) in order to strengthen the DENR
GAD Focal Point System and accomplishing the GAD vision “Partnership of Empowered Men
and Women for Sustainable Development”.
Republic Act No. 9710, otherwise known as the Magna Carta of Women was approved on
August 14, 2009 which mandates non-discriminatory and pro-gender equality and equity
measures to enable women’s participation in the formulation, implementation and evaluation of
policies and plan for national, regional and local development.
A Memorandum Circular No. 2011 – 01 dated October 21, 2011 was released addressing to all
Government Departments including their attached agencies, offices, bureaus, State
Universalities and Colleges (SUCs), Government-Owned and Controlled Corporations (GOCCs)
and all other government instrumentalities as their guidelines and procedures for the
establishment, strengthening and institutionalization of the GAD Focal Point System (GFPS).
It is not pitying.
It is not male-bashing.
It is not anti-male.
It is not a war of sexes.
Both men and women are victims of gender inequality, although women are more of the
victims than men.
Both men and women have a stake in the struggle for gender equality.