1.

LEARNING OUTCOMES

After engaging on these lessons, you should be able to:

1. explicate the meaning of gender-based violence from different perspectives;

2. correctly illuminate the important provisions of RA 9262;

3. identify the relationship between abuse of power and gender-based violence;

4. relate the impact of various laws on the rights of Filipino women; and

5. formulate activities and programs to address human rights violations and discrimination
on the basis of SOGIE.

2. GENDER-BASED VIOLENCE: SURVIVOR, VICTIM, PERPETRATOR, AND

HUMAN RIGHTS

 Gender-based violence is one of the most widespread human rights abuses, but least
recognized in the world.
 It refers to any harm perpetrated against a person's will on the basis of gender, the
socially ascribed differences between males and females.
 In the Philippines, gender-based violence has clearly been placed in the realm of
women's human rights over the past decade. Prior to 1993, most governments
regarded violence against women largely as a private matter between individuals.

 Gender-based violence (GBV) experienced by women and girls refers to battering

and other forms of intimate partner violence including marital rape, sexual violence,
dowry-related violence, female infanticide, sexual abuse of female children in the
household, honor crimes, early marriage, forced marriage, female genital cutting and
other traditional practices harmful to women, sexual harassment in the workplace
and educational institutions, commercial sexual exploitation, trafficking of girls and
women, and violence perpetrated against domestic workers.

3. GENDER-BASED VIOLENCE: SURVIVOR, VICTIM, PERPETRATOR, AND

HUMAN RIGHTS

CONSEQUENCES OF GENDER-BASED VIOLENCE

1. Health consequences include

  unwanted pregnancies,
 complications from unsafe abortions,
 sexually transmitted infections including HIV,
 injuries,
 mental health, and
 psychosocial effects (depression, anxiety, post-traumatic stress, suicide and death).
 Violence also affects children's survival, development, and school participation.

2. Social consequences extend to families and communities. Families can also be

stigmatized as a consequence of gender-based violence. For example, when children are
born following a rape, or if family members choose to stand by a survivor, fellow members
of their community may avoid them.

3. Economic consequences include the

 cost of public health and social welfare systems and

 the reduced ability of many survivors to participate in social and economic life.

4. GENDER-BASED VIOLENCE: SURVIVOR, VICTIM, PERPETRATOR, AND

HUMAN RIGHTS

SURVIVOR, VICTIM, AND PERPETRATOR

 Survivor is the preferred term (not a "victim") of a person who has lived through an
incident of gender-based violence.
 A perpetrator is a person, group, or institution that inflicts, supports, or condones
violence or other abuse against a person or group of persons.

Characteristics of perpetrators include:

a. persons with real or perceived power;

b. persons in decision-making positions; and

c. persons in authority.

5. GENDER-BASED VIOLENCE: SURVIVOR, VICTIM, PERPETRATOR, AND

HUMAN RIGHTS

HUMAN RIGHTS
  Human rights are universal, inalienable, indivisible, interconnected, and
interdependent.
 Everyone is entitled to all the rights and freedoms without distinction of any kind,
such as race, color, sex, language, religion, political or other opinion, national or
social origin, property, birth, or other status.
 Acts of gender-based violence violate a number of human rights principles enshrined
in international human rights instruments and in our Philippine Constitution.

These include the following, amongst others:

• the right to life, liberty, and property of persons;

• the right to the highest attainable standard of physical and mental health;

• the right to freedom from torture or cruel, inhuman, or degrading treatment or

punishment;

• the right to freedom of opinion and expression and to education; (UNFPA 2014).

6. GENDER BASED VIOLENCE: POWER, USE OF FORCE, AND CONSENT

Power is basically defined as the possession of control, authority, or influence over others.

Perpetrators can have "real" or "perceived" power. Some examples of different types of
power and powerful people are the following:

• social- peer pressure, bullying, leader, teacher, parents;

• economic- the perpetrator controls money or access to goods/services/money;

• favors- sometimes the husband or the father;

• political- elected leaders, discriminatory laws;

• physical- strength, size, use of weapons, controlling access or security, soldiers, police,
robbers, gangs

• gender-based (social)- males are usually in a more powerful position than females; and

• age-related- often, the young and elderly people have the least power.

7. GENDER BASED VIOLENCE: POWER, USE OF FORCE, AND CONSENT

USE OF FORCE/VIOLENCE

 Force might be physical, emotional, social, or economic in nature.

 Force also includes intimidation, threats, persecution, or other forms of psychological
or social pressure.
 Violence consists of the use of physical force or other means of coercion such as
threat, inducement, or promise of a benefit to obtain something from a weaker or
more vulnerable person.

INFORMED CONSENT

 Consent means saying "yes," agreeing to something.

 Informed consent means making an informed choice freely and voluntarily by
persons in an equal power relationship.
 Acts of GBV occur without informed consent. Even if she says "yes," this is not true
consent because it was said under duress-the perpetrator(s) used some kind of force
to get her to say yes.

CYCLE OF VIOLENCE

 The cycle of violence refers to repeated acts of violence in a relationship.

 It starts with minor incidents and moves on to more serious levels of violence.

10. WOMEN AND THE LAW

The 1987 Constitution is the fundamental law of the country upon which all the laws are
anchored or based on.

 Gender equality is a key element of this Charter and as enshrined in Article II Section
14 of the 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."

VARIOUS LAWS PROMOTING GENDER EQUALITY

1. Local Government Code of 1991: provides for the election of sectoral representation,
including women, in local legislative councils.

2. Party List Law: provides for the creation of women-oriented or women-based parties to
compete under the party-list system.

3. Labor Code (1989): covers issues, such as night work prohibition, specifies that
employers must provide special facilities for women, prohibition of discrimination against
women in respect to terms and conditions of employment, and prohibition of discrimination
by reason of marriage of a woman worker.

4. Women in Nation Building Law. Republic Act 7192 (1991) is an act promoting the
integration of women as full and equal partners of men in development and nation-
building.

5. 1988 Comprehensive Agrarian Reform Law. It gave Filipino women the right to own
land that previously reverted to sons and other male family members.

6. Republic Act 7688 (1994). This is an act giving representation to women in social
security commission.

7. Anti-Sexual Harassment Law. RA 7877 (1995). This is an act declaring sexual harassment
as unlawful in the employment, education, or training environment.

8. Republic Act 7822 (1995). It is an act providing assistance to women engaging in micro
and cottage business enterprises.

9. Republic Act 8353 (1997). This is an act expanding the definition of the crime of rape,
reclassifying the same as a crime against persons.

11. WOMEN AND THE LAW

NATIONAL PROGRAMS

Based on the Philippine laws stated, a myriad of projects, initiatives, and processes on the
gender challenge arose. This includes the following:

 Philippine Plan for Gender Responsive Development (1995-2025). The National

Plan for Women that consolidates the action commitments of the Philippines during
the Beijing World Conference on Women.
 Gender and Development Budget (GAD). Integral to the national plan, it is aimed
at "institutionalizing gender concerns in the mainstream development process and
agenda and not just peripheral programs and projects of the government".
 Framework Plan for Women (FPW). This is part of the Philippine Plan for Women
developed to focus on three thrusts, namely: promoting women's economic
empowerment; advance and protect women’s human rights; and promote gender
responsive governance

12. WOMEN AND THE LAW

WOMEN'S RIGHT TO PARTICIPATE

  Women's right to participate in governance has a colorful history of women's foray
into the various levels of electoral victories, that is generally pushed by familial
affiliation and elite association.
 At present, women's right to vote and participate are maintained and further
protected by existing laws at hand.

WOMEN'S INVOLVEMENT IN CIVIL SOCIETY

 Women’s expressions of involvement in civil society could be through organizing

along gender-specific issues and formation of all-women groups within broad
coalitions as power-enhancing mechanisms.
 Intense lobbying efforts by the women's groups resulted in the passage of several
landmark laws; among them is the anti-sexual harassment law in 1995 and the anti-
rape act in 1997.
 The gains of the women's movement are basically achieved through various
partnerships with the rest of the civil society.

WOMEN AND EDUCATION

 There is no general discrimination of girls in education, thus, there is no marked

differences existing in the educational status of Filipino women and men.
 However, one glaring issue is the gender stereotyping of fields of study and
specialization and its onward translation into the world of work where men generally
occupy the highest occupational ranks and the highest paying positions.
 Furthermore, women's larger responsibility for housework and for the family
impedes their ability to use their educational training and skills for remunerative
work.

13. REPUBLIC ACT 9262

 The Republic Act 9262, or the Anti-Violence against Women and their Children (Anti-
VAWC) Act of 2004, is a result of the strong advocacies on women's human rights in
the country.
 This law was deemed to be a significant victory for all Filipino women as it was based
on the right of women not to suffer abuse, discrimination, and violence in their
respective relationships.

IMPORTANT FEATURES OF THE LAW INCLUDE:

1. Four kinds of violence against women and children are defined- the law defined four
kinds of violence which are physical, psychological, sexual, and economic in its effort to
encompass all types of abuses inflicted to women and their children;
2. VAWC is a public crime- the crime is perpetrated not only against a single individual, but
against the entire society, thus, anyone who has personal knowledge of the abuse, violence,
or discrimination can file a complaint;

3. Protection orders can be issued against the perpetrator- upon filing the case, the
victim-survivor or anyone who has personal knowledge can apply for a protection order to
enforce distance between her and the perpetrator; and

4. Stronger community mechanisms to respond to these cases- various government

agencies are mandated to aptly respond or formulate mechanisms to respond to reported
cases of VAWC immediately.

14. REPUBLIC ACT 9262

PROTECTION ORDER

A protection order under the Anti-VAWC Law is defined as:

"... an order issued... for the purpose of preventing further acts of violence against a woman
and her child specified in Section of this Act and granting other necessary relief. The relief
granted under a protection order should serve the purpose of safeguarding the victim,
minimizing any disruption in the victim’s daily life, and facilitating the opportunity and
ability of the victim to independently gain control of her life."

THE LAW ENUMERATES THE FOLLOWING RELIEFS THAT MAY BE AVAILED OF

THROUGH A PROTECTION ORDER:

1. Prohibition of the respondent (perpetrator) from threatening to commit or committing

personally or through another, any of the acts penalized by the Anti-VAWC law;

2. Prohibition of the respondent from harassing, annoying, telephoning, contacting, or

otherwise, communicating with the petitioner (victim-survivor) directly or indirectly;

3. Removal and exclusion of the respondent from the residence of the petitioner whether
temporarily or permanently;

4. Directing the respondent to stay away from the petitioner and any designated family
or household member at a distance specified by the court

5. Directing lawful possession and use by the petitioner of an automobile and other
personal effects regardless of ownership;

6. Granting temporary or permanent custody of a child/children to the petitioner;

7. Directing the respondent to provide support to the woman and/or her child if entitled
to legal support;

8. Prohibition of the respondent from any use or possession of any firearm or deadly
weapon and order him to surrender the same, including revocation of license and
disqualification to apply for any license to use or possess a firearm;

9. Restitution for actual damages caused by violence inflicted including property damage,
medical expenses, and loss of income;

10. Directing the Department of Social Welfare and Development (DSWD) or any
appropriate agency to provide temporary shelter and other social services that the
petitioner may need; and

11. Provision of other forms of relief as may be necessary to protect and provide for the
safety of the petitioner.

15. REPUBLIC ACT 9262

RIGHTS OF VICTIM-SURVIVORS OF VAWC CASES

RA 9262 specified the following as rights of the victim-survivors:

 Section 35. Rights of Victims-In addition to their rights under existing laws, victims of
violence against women and their children shall have the following rights:

(a) to be treated with respect and dignity;

(b) to avail of legal assistance from the Public Attorney's Office and the Department of
Justice or any public legal assistance office;

(c) to be entitled to support services from the DSWD and the LGUs (local government
units);

(d) to be entitled to all legal remedies and support as provided for under the Family
Code;

(e) to be informed of their right to apply for a protection order."

(f) the right to privacy of the victim is also provided in the law, and its violation is
punishable by imprisonment and fine.

16. REPUBLIC ACT 9262

DUTIES OF NATIONAL AND LOCAL GOVERNMENT OFFICES

1. Creation of the Inter-Agency Council on Violence against Women and their

Children (IAC-VAWC), which shall formulate gender-sensitive programs and projects
according to their respective agency mandates, including capability building programs for
their employees.

2. Duties and responsibilities of LGUs or the Barangay in addressing VAWC cases:

(a) undertake an education program on Republic Act No. 9262 and on violence against
women and their children and why it exists, the rights and remedies of victim-survivors, and
the duties of residents and all barangay officials;

(b) have a family violence prevention program, including peer counselling for men;

(c) support organizing efforts and development programs for women in the community;

(d) prioritize livelihood projects for victim-survivors;

(e) involve women in planning and implementation of all programs and projects in the
barangay;

(f) have an Anti-VAWC desk officer in the barangay who shall coordinate a one-stop help
desk. As much as possible, this help desk shall be open for 24 hours;

(g) ensure that all barangay officials, barangay health workers, barangay nutrition scholars,
other barangay workers, and tanod or barangay security officers undergo gender
sensitivity seminars to enable them to respond to victims of violence;

develop a system to document and report cases of VAWC and assistance program
to victims thereof; and

(i) if applicable/ necessary, prescribe additional guidelines and standards provided that
these are consistent with the Act.

FOR FURTHER READING: PLEASE READ THE ACTUAL CASES FOUND ON THE PDF
UPLOADED IN THIS PLATFORM.

18. LAWS AND POLICIES ON VIOLENCE AND DISCRIMINATION OF THE

MEMBERS OF LGBTQ+

THE 1987 CONSTITUTION (EQUAL PROTECTION AND DUE PROCESS CLAUSE)

  As the fundamental law of the land, the guarantees on equality, lawful processes, and
the paramount consideration on ensuring human dignity and respect for human
rights in these provisions (equal protection and due process) serve as the basis for
the protection of the rights of members of the LGTBQ+.

VIOLENCE AND DISCRIMINATION

 Despite widespread anecdotal evidence of crimes perpetrated against the LGBTQ+

community in the Philippines, most data on these cases have not undergone official
verification and collation.
 In March 2016, the Trans Murder Monitoring Project listed 41 reported cases of
transgender people murdered in the country since 2008.

19. LAWS AND POLICIES ON VIOLENCE AND DISCRIMINATION OF THE

MEMBERS OF LGBTQ+

VIOLENCE AND DISCRIMINATION AGAINST LGBTQ+ YOUTH IN EDUCATION

A. Anti-Bullying Act of 2013 (Republic Act 10627)

 Anti-Bullying Act of 2013 (Republic Act 10627) includes gender-based bullying as a

prohibited and punishable act.
 Gender-based bullying is defined as "any act that humiliates or excludes a person on
the basis of perceived or actual sexual orientation and gender identity (SOG)
(Republic Act No. 10627).

B. Child Protection Policy 2012

 In cases where the bullying is committed by a Principal, teacher or any other school
personnel, the law being violated is Department of Education Order No. 40 on Child
Protection Policy.
 This policy includes the protection of students from any form of violence regardless
of their sexual orientation or gender identity.

C. Special Protection of Children Against Child Abuse, Exploitation, And

Discrimination Act of 1992 (Anti-Child Abuse Act or Republic Act 7610)

 Parents of children who suffer abuse at the hands of teachers or members of the
school's administration violate RA 7610 or the Anti-Child Abuse Act.
 Such cases can cover instances of physical, psychological injury, or cruelty on the
basis of the child's SOGI.
20. LAWS AND POLICIES ON VIOLENCE AND DISCRIMINATION OF THE
MEMBERS OF LGBTQ+

VIOLENCE AND DISCRIMINATION AGAINST LGBTQ+ IN THE WORKPLACE

a. The Labor Code of the Philippines (PD 442)

 The Labor Code is the national law covering employment for the private sector in the
Philippines.
 With the exception of prohibitions against discrimination of women, it does not
contain any provision that prohibits discrimination on the basis of gender identity,
particularly on the members of the LGBTQ+.

b. CSC No. O1-0940-the Civil Service Commission's Policy on Anti-Sexual Harassment

 The Civil Service Commission Administrative Disciplinary Rules on Sexual Harassment

Cases includes other less grave, punishable offences.
 These include prohibiting "derogatory and degrading remarks or innuendoes
directed toward the members of one's sex, or one's sexual orientation or used to
describe a person.
 This Rule applies to all government entities that fall under the Civil Service
jurisdiction.

NAME AND GENDER MARKER CHANGES

 In the 2007 case of Silverio v Republic of the Philippines, the Supreme Court (SC)
ruled against petitioner Silverio's wish to change her first name and gender marker
on her birth certificate.
 Mely Silverio who underwent sexual reassignment surgery initially won in the trial
court.
 The Office of the Solicitor General (OSG) intervened thereafter, arguing in the Court
of Appeals (CA) that the Regional Trial Court of Manila was mistaken in its ruling due
to the fact that that there is no law allowing change of first name on the basis of
"sexual alteration".
 The CA ruled against Mely Silverio and the SC affirmed the CA ruling.

1. DISCRIMINATION ON THE BASIS OF SEXUAL ORIENTATION, GENDER

IDENTITY AND EXPRESSION (SOGIE) IN THE PHILIPPINES
THE UNIVERSAL POLICY

 Articles 20, 3, and 26 of the Convention provide for the respect, equality, and non-
discrimination of all individuals on the grounds of, inter alia, race, color, and sex.
  In the landmark decision of Toonen v Australia in 994, it is found not only that the
reference to "sex" in Articles 2 and 26 must be taken to include sexual orientation, but
also that laws which criminalize consensual homosexual acts expressly violate the privacy
protections of the law.

NATIONAL AND LOCAL POLICIES

 LGUs from different cities all over the Philippines have been proactive in passing and
filing city ordinances banning LGBT discrimination.
 In Quezon City, anti-discrimination in employment was enacted in 2004 and LGBT
friendly provisions are supplemented in the Quezon City Gender and Development
Ordinance.

 Albay Province and Bacolod City passed an anti-discrimination ordinance.

 Angeles City not only passed anti- discrimination legislation, but created a Gay Rights
Desk as well.

 In May of 2012, the DepEd issued DepEd Order No.40 or, "The DepEd Child Protection
Policy" to guarantee the protection of children in schools from any form of violence,
abuse, or exploitation regardless of sexual orientation and gender identity.

2. DISCRIMINATION ON THE BASIS OF SEXUAL ORIENTATION, GENDER

IDENTITY AND EXPRESSION (SOGIE) IN THE PHILIPPINES
EFFECT OF STATE DISCRIMINATION IN SOCIETY

 The State's treatment of LGBT individuals intensifies discrimination on the basis of SOGIE
within Philippine society and social institutions.
 Homophobia, the stigma and prejudice toward LGBT persons, are very present within
Filipino society, creating a dangerous climate of hostility toward LGBT people.
 LGBT youth are often targeted by parents who, upon discovering their child's sexual
orientation and/or gender identity, feel compelled to inflict physical harm on them out of
frustration or in an attempt to prevent their child from expressing their sexuality.

DISCRIMINATION BY THE CATHOLIC CHURCH

 The Catholic Bishops Conference of the Philippines (CBCP) and Episcopal Commission on
Family and Life (ECFL) has been fervently demanding Congress for the removal of "sex,
gender, sexual orientation and gender identity" in the comprehensive anti-discrimination
ordinances filed in the Senate and in the House of Representatives, claiming that its
inclusion will only "create problems regarding ethics, marriage, the family and religious
freedom and reasons that "the difference in sex or gender does not belong to the same
level as the difference in race, color, religion, or ethnicity".
3. DISCRIMINATION ON THE BASIS OF SEXUAL ORIENTATION, GENDER
IDENTITY AND EXPRESSION (SOGIE) IN THE PHILIPPINES
PARTICIPATION OF THE MEMBERS OF LGBTQ+ IN PUBLIC LIFE

 Article 25 of the Convention provides for the right of each citizen to participate in public
affairs, to vote, and to have equal access to public service in the country. These rights are
provided free of unreasonable restriction and free from distinctions made on the basis of
sex, which as mentioned above, includes sexual orientation.

DISCRIMINATION IN THE MILITARY

 Through their media announcements, it seems on the surface that the Philippine military
and the police are adhering to the non-discrimination clause of the Philippine
Constitution (Art 2) and the ICCPR by its declaration of openness to admit gays, lesbians,
and bisexual persons in military and police service.
 Upon closer inspection, the additional conditions required from gay, lesbian, and
bisexual applicants and cadets demonstrate lingering prejudices and negative
stereotypes toward LGBT person.
 Also, the military's apparent strict adherence exclusively towards heterosexist gender
binary (masculine and feminine) roles discriminate against those that fall short to this
standard and are considered as the benchmark of what constitutes being decent, proper
and respectful.

4. SUPPLEMENTAL VIDEO CLIPS

PLEASE WATCH THESE VIDEOS FOR BETTER UNDERSTANDING ON THE TOPIC:

1. ADVOCACY CAMPAIGN FOR LGBTQ MEMBERS

Play Video

Play Video

2. GENDER AWARENESS

Play Video

Play Video

3. WHAT IS DISCRIMINATION?

Play Video

Play Video

5. UNDERSTANDING SEXUAL HARASSMENT

SEXUAL HARASSMENT
  International Labor Organization (LO) (2001) defined sexual harassment as a sex-based
behavior that is unwelcome and offensive to the recipient.
 In the Philippines, Republic Act No. 7877 or the Anti-Sexual Harassment Act of 1995
defines work, education, or training-related sexual harassment as being 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 tor submission is accepted by the object of said
act.

THEORETICAL PERSPECTIVES OF SEXUAL HARASSMENT

1. Natural/Biological Theory

 It emphasizes that the harassing behavior is not meant to be offensive or discriminatory,

but is merely the result of biological urges.

2. Sex Role Spill over Theory

 This theory is based on the proposition of irrelevant gender-based role expectations that
individuals bring to the workplace in guiding their interactions with women. Men hold
role perceptions of women based on their traditional role in our culture.

3. Organizational Theory

 This theory proposes that sexual harassment results from the opportunities presented by
power and authority relations which are derived from hierarchical structures of
organizations.

4. Socio-cultural Theory

 This theory asserts that women's lesser status in the larger society is reflected at the
workplace structures and culture, thus, male dominance continues to be the rule.

5. Feminist Theory

 This theory claims that sexual harassment exists because of the views on women as the
inferior sex, but also sexual harassment serves to maintain the already existing gender
stratification by emphasizing sex role expectations.

6. UNDERSTANDING SEXUAL HARASSMENT

PHILIPPINE LAWS ON SEXUAL HARASSMENT
In a work-related or employment environment, sexual harassment is committed when:

(1) The sexual favor is made as a condition in the hiring or in the employment, re-employment
or continued employment of said individual, or in granting said individual favorable
compensation, terms of conditions, promotions, or privileges; or the refusal to grant the sexual
favor results in limiting, segregating, or classifying the employee which in any way would
discriminate, deprive, or diminish employment opportunities or otherwise, adversely affect said
employee;

(2) The above acts would impair the employee's rights or privileges under existing labor
laws; or

(3) The above acts would result in an intimidating, hostile, or offensive environment for the
employee.

In an education or training environment, sexual harassment is committed:

(1) against one who is under the care, custody, or supervision of the offender;

(2) against one whose education, training, apprenticeship, or tutorship is entrusted to the
offender; when the sexual favor is made a condition to the giving of a passing grade, granting of
honors and scholarships, or the payment of a stipend, allowance or other benefits, privileges, or
consideration; or

(3) when the sexual advances result in an intimidating, hostile, or offensive

environment for the student, trainee, or apprentice.

7. UNDERSTANDING SEXUAL HARASSMENT

SEXUAL HARASSMENT IN THE CIVIL SERVICE

Sexual Harassment in the Civil Service is punishable by Civil Service Commission No. 01-0940,
also known as Administrative Disciplinary Rules on Sexual Harassment Cases.

Sexual harassment can be committed at the following places:

1. in the premises of the workplace or office or of the school or training institution;

2. in any place where the parties were found, as a result of work or education or training
responsibilities or relations;

3. at work, education-, or training-related social functions;

4. while on official business outside the office or school or training institution or during work,
school-, or training-related travel;
5. at official conferences, fora, symposia, or training sessions; or

6. by telephone, cellular phone, fax machine, or electronic mail.

8. VIDEOS ON SEXUAL HARASSMENT

PLEASE WATCH THESE VIDEOS FOR BETTER UNDERSTANDING ABOUT SEXUAL
HARASSMENT:

1. STOP SEXUAL HARASSMENT

Play Video

Play Video

Play Video

2. WHAT IS SEXUAL HARASSMENT?

Play Video

Play Video

Play Video

Play Video

9. WOMEN'S ISSUES IN DEVELOPMENT

WOMEN IN DEVELOPMENT (WID)

 By the 1970s, it became clear that women were being left out of development. They were
not benefiting significantly from it and in some instances, their existing status and
position in society were actually worsened by development.
 WID saw women as a group that lacks opportunity to participate in development.
 The main task, therefore, was to improve women's access to resources and their
participation in development.
 The WID approach emphasized the importance of the integration of women into
development programs and planning.
 Accordingly, this was the best way to improve women's position in society.

WOMEN AND DEVELOPMENT (WAD)

 Adopting a Marxist feminist approach, the main argument of WAD was that women had
always been part of the development processes.
 In other words, the WID approach that placed emphasis on integrating women into
development was not correct.

 The main focus of WAD is on the interaction between women and development
processes rather than purely on strategies to integrate women into development.
GENDER AND DEVELOPMENT (GAD)

 GAD looks at the impact of development on both women and men.

 It seeks to ensure that both women and men participate in and benefit equally from
development and so, emphasizes equality of benefit and control.
 This approach also pays particular attention to the oppression of women in the family or
the 'private sphere' of women's lives.
 GAD focuses on the social or gender relations (i.e. the division of labor) between men
and women in society and seeks to address issues of access and control over resources
and power.

10. WOMEN'S ISSUES IN DEVELOPMENT

PRACTICAL APPROACHES TO THE DEVELOPMENT OF WOMEN

1. THE WELFARE APPROACH

 This approach focused development programs on addressing the needs of women

almost entirely within the context of their reproductive roles like mother and child health,
child-care, and nutrition.
 Population control or family planning was a major focus as well due to the link made
between population growth and poverty.

2. THE EQUITY APPROACH

 The main aim of this approach was to eliminate discrimination.

 It emphasized the re-valuing of women's contribution and share of benefits from
development.

3. THE ANTI-POVERTY APPROACH

 This approach focuses on both the productive and reproductive role of women with an
emphasis on satisfaction of basic needs and the productivity of women.

4. THE EFFICIENCY APPROACH

 This approach aims to have increased production and economic growth with an
emphasis on full use of human resources.

5. THE EMPOWERMENT APPROACH

 This aims to increase the self-reliance of women and to influence change at the policy,
legislative, societal, economic, and other levels to their advantage.
11. VIDEOS ON WOMEN IN RELATION TO DEVELOPMENT
PLEASE WATCH THESE VIDEOS FOR BETTER UNDERSTANDING ON WOMEN IN RELATION
TO DEVELOPMENT:

1. WOMEN EMPOWERMENT

Play Video

Play Video

Play Video

Play Video

2. HOW MEDIA AFFECT GENDER ROLE DEVELOPMENT

Play Video

12. GENDER INEQUALITY IN MARRIAGE AND CRIMINAL LAWS

The following shows gender inequality in Philippine laws:

1. Marriage laws in the Philippines are only based on sex and not on gender. The Family
Code provides that marriage is only for a man and a woman, and this causes exclusion of
homosexual relationships as it only accommodates heterosexual ones.

2. The decision of the father or husband is given primacy or priority. This can be seen in
case of obtaining consent in marriage, on the administration and enjoyment of community
property or conjugal partnership, and on the exercise of parental authority over the person and
legal guardianship over the property of common children.

3. There is a higher burden imposed on women or wives than men or husbands in criminal
law. The wife in an adultery case incurs a higher penalty than that for the erring husband in
concubinage.

4. FORGIVENESS CLAUSE IN THE CRIME OF RAPE. The Anti-Rape Law (RA 8353) contains a
clause that can easily exonerate the offender and can further endanger the victim.

 In the law, it was stated that: "subsequent valid marriage between the offender and the
offended party shall extinguish the criminal action or the penalty imposed."

5. EXCLUSIVE DEFINITION OF PROSTITUTION. Article 202 of the Revised Penal Code,

amended by Republic Act No. 10158 limited the definition of prostitution to that of women
only.

 Following this definition, a man who peddles sexual acts for profit, is in effect, invisible in
the eyes of law, thus, making the actor thereof immune to imprisonment.
13. CRITIQUE ON THE RESPONSIBLE PARENTHOOD AND REPRODUCTIVE
HEALTH ACT OF 2012
RATIONALE OF THE RH LAW

 The Responsible Parenthood and Reproductive Health Act of 2012 or RA 10354, also
known as the "RH Law" was primarily enacted on a vision that the poor will have access
to Reproductive Health (RH) goods and services which they cannot afford.
 With this law, the poor will likely have sufficient access to information about the proper
use and effectiveness of these RH products.

ELEMENTS OF RH LAW

The elements of the recently enacted RH Law are as follows:

(1) family planning information and services;

(2) maternal, infant, and child health and nutrition, including breast feeding;

(3) prevention of abortion and management of post-abortion complications;

(4) adolescent and youth reproductive health guidance and counseling;

(5) prevention and management of reproductive tract infections (RTIs), HIVIAIDS, and
STIs;

(6) elimination of VAWC and other forms of sexual and GBV;

(7) education and counselling on sexuality and reproductive health;

(8) treatment of breast and reproductive tract cancers and other gynecologic conditions and
disorders;

(9) male responsibility and involvement and men's RH;

(10) prevention, treatment, and management of infertility and sexual dysfunction;

(11) RH education for the adolescents; and

(12) mental health aspect of reproductive health care.

14. CRITIQUE ON THE RESPONSIBLE PARENTHOOD AND REPRODUCTIVE

HEALTH ACT OF 2012
SALIENT PROVISIONS OF RH LAW
1. Midwives for skilled birth attendance shall be employed by LGUs

2. Emergency obstetric care should be in place in each hospital

3. Hospital-based family planning shall be provided

4. Contraceptives shall be considered as essential medicines

5. Reproductive health education shall be taught by adequately trained teachers in an age-

appropriate manner

6. Employers' responsibilities to respect the reproductive health rights of all the workers

7. Community-based workers shall undergo additional and updated training on the delivery of
reproductive health care services

PROHIBITED ACTS

The law also provides for penalties for persons who perform certain prohibited acts such as the
following:

• knowingly (with malicious intent) withholding or impeding the dissemination of

information about the programs and services provided for in this Act or intentionally giving out
incorrect information;

• refusing to perform voluntary ligation and vasectomy and other legal and medically-safe
reproductive health care services on any person of legal age on the ground of lack of spousal
consent or authorization;

• refusing to provide reproductive health care services to an abused minor and/ or an

abused pregnant minor, whose condition is certified to by an authorized DSWD official or
personnel, even without parental consent particularly when the parent concerned is the
perpetrator;

• refusing to extend reproductive health care services and information on account of the
patient's civil status, gender or sexual orientation, age, religion, personal circumstances,
and nature of work: Provided that all conscientious objections of health care service providers
based on religious grounds shall be respected: Provided, further, that the conscientious objector
shall immediately refer the person seeking such care and services to another health care service
provider within the same facility or one who is conveniently accessible: Provided, finally, that the
patient is not in an emergency or serious case, as defined in RA 8344, penalizing the refusal of
hospitals and medical clinics to administer appropriate initial medical treatment and support in
emergency and serious cases; and
• requiring a female applicant or employee, as a condition for employment or continued
employment, to involuntarily undergo sterilization, tubal ligation, or any other form of
contraceptive method.

15. CRITIQUE ON THE RESPONSIBLE PARENTHOOD AND REPRODUCTIVE

HEALTH ACT OF 2012
THE LONG POLITICAL BATTLE

 Talks about a unified reproductive health policy had been roaming the spheres of
the Philippine government way back the 1960s with the creation of a Population
Commission as a measure of population control to manage high fertility rates and
alleviate poverty. Henceforth, the backlash of the CBCP was unrelenting.
 The RH Law, which was finally enacted in 2012, was a product of a 14-year struggle. After
its enactment, lobbyists of this law thought that victory was already achieved. However,
in March 2013, the law was challenged before the SC of the Philippines, delaying its full
implementation. A year after, the law was held to be valid, except for clauses therein, that
allowed minors to access reproductive health services without the written consent of a
guardian and penal measures for government officials who did not implement the law.
 In 2015, a further temporary restraining order (TRO) issued again by the nation's
SC prevented the Food and Drug Administration (FDA) of the Philippines from
procuring distributing, or issuing new certificates of product registration on more
than 50 different contraceptives, allowing many licenses to eventually expire.
 The TRO was launched after the FDA registered a contraceptive implant called Implanon,
which accordingly, could be used to induce abortion. Two (2) years after the said TRO,
the FDA then certified that Implanon and Implanon NXT are not abortifacients.
 With the TRO finally lifted, the Department of Health now freely distributes
contraceptives to their regional offices and to various NGOs.

2. GENDER AND LABOR

 Women face different constraints from men in the labor market.

 This is recognized in Republic Act 9710, known as the Magna Carta of Women, enacted in 2009.
This act recognizes that equality of men and women entails the abolition of the unequal
structures and practices that perpetuate discrimination and inequality (PCW 2010).
 In connection with employment, the Philippine Commission on Women (PCW) indicates that the
Magna Carta of Women will level the playing field by making productive resources and
economic opportunities equally available for both men and women.
 It is further noted that generally, women do not control family properties and decision- making
rights on the use of income, further limiting opportunities to break the poverty cycle.

EMPLOYMENT SECTORS:
1. AGRICULTURE

Women farmers do not have an equal opportunity to acquire land or register it in their own
names. They have fewer inheritance rights than male farmers. Land ownership is important not
only to women's ability to earn income, but also as a source of empowerment and autonomy
within the household. Their lack of land also affects their ability to gain access to credit facilities.

2. INDUSTRY AND MANUFACTURING

Reports suggest that working and living conditions are poor, that women find it difficult to
obtain work while pregnant and after the birth of their baby, and that unionization is uncommon.

3. TOURISM

Within the tourism industry, relatively few women have the educational qualifications or foreign
language skills to compete for front-of-house positions in the hotel industry, as tour guides, or in
travel agencies, and women are more likely to be employed as housekeepers, waitresses, or
similar low-level positions.

4. BUSINESS PROCESSING OUTSOURCING

The Philippines' Information Technology-Business Process Outsourcing Road Map 2011-2016 is

not gender-responsive and does not address women's constraints in accessing higher-paid work
in non-voice services or the likely growth in information technology and engineering.

5. GOVERNMENT SERVICES

Public sector employment is an important source of jobs with better pay and conditions for
women than many other industrial sectors, but women are constrained by being predominately
employed in traditional, gender-stereotyped care sector government occupations such as health
and education, and they are under-represented in the higher-paying subsectors.

6. ENTREPRENEURSHIP

There has been a rapid surge in the number and proportion of female entrepreneurs in developing
countries (Minniti and Naude 2010, 280).

3. GENDER AND LABOR

SALIENT POLICIES ON GENDER EQUALITY IN THE LABOR MARKET

1. The Philippines has ratified 34 ILO conventions and is party to all of the fundamental United
Nations human rights covenants and conventions.

2. The country's 1987 Constitution has enshrined these rights in Section 3, Article XIII (Bill
of Rights), and in Section 14, Article I, which ensures fundamental equality of women and
men before the law.
3. Article 3, Chapter I of the Labor Code, as well as Republic Acts 6725, 7192, 7877, and 8851,
all provide for fundamental human rights protection, including anti-discrimination provisions,
and they ensure fundamental equality, prohibition of sexual harassment, and temporary special
measures.

4. The Philippines' Anti-Sexual Harassment Act No. 7877 of 8 February 1995 is an example
of good legislative practice.

5. The Magna Carta of Women (Republic Act 9710) is an overall legislative framework that
articulates the specific rights, needs, and support required by women in their general and
working lives.

6. In early 2013, President Aquino also signed a new law, Republic Act 10361 known as the
"Batas Kasambahay (Domestic Workers Act) in order to better protect this large group of
mostly young, female workers.

4. GENDER AND MEDIA

According to the Philippine Statistics Authority, 81% of Filipinos watch the television, and it
still remains to be the most used and trusted source of information in our country. We watch TV
for entertainment and information through TV soap operas, news, and entertainment programs.

MEDIA REPRESENTATION

 Media representation is how the media presents or frames "aspects of society, such as gender,
age, or ethnicity" (BBC 2019).
 It is important because it shapes the audience's knowledge and understanding and will
contribute to their ideas and attitudes.

MEDIA STEREOTYPES

 Media stereotypes are simplified representations of a person, groups of people or a place,

through basic or obvious characteristics-which are often exaggerated (BBC 2019).
 Although stereotypes can help people connect with the content as they reflect it in their own
realities, it can have negative effects on disadvantaged groups like the LGBT community by
reinforcing negative and even false stereotypes.
 Media coverage of the LGBT community in the Philippines went from no-coverage,
ridicule, censorship, to limited portrayal. However, limiting it is taken as a sign of greater
social acceptance as compared to its total black out just decades ago.

5. GENDER AND ACTIVISM

Our society is now advocating towards equal rights for everyone through the Universal
Declaration of Human Rights (UDHR) which was drafted in 1948 by all countries who are
members of the United Nations.

It acknowledges that everyone, including LGBT people, is equal in dignity and in rights.
Although most countries no longer punish or outlaw homosexuality, there is still much to be
done for the LGBT people to fully enjoy their human rights.

UNDERSTANDING HETERONORMATIVITY

 Heteronormativity means "of relating to, or based on the attitude that heterosexuality is the
only normal and natural expression of sexuality" (Merriam-Webster Dictionary).
 Put more simply, it is when we assume that everyone is heterosexual or straight and that it is
the standard for everyone.
 One example of heteronormative violence is the murder of LGBT men and women
during the Nazi holocaust.

 In present day, it means punishing LGBT children for expressing who they are or being vocal
about who they are attracted to.
 In the workplace, it could mean being fired or not being promoted just because you are not
straight.
 At home, it could mean being disowned by our family because you are LGBT or being bullied by
your family because you are not masculine enough or feminine enough.
 In politics, it manifests in policies denying LGBT their freedom such as anti-sodomy laws in many
countries where being LGBT is a crime punishable by imprisonment or death.

6. GENDER AND ACTIVISM

CHALLENGING HETERONORMATIVITY THROUGH ACTIVISM

 Heteronormativity is a social construct and history has proven society's changing attitudes on
homosexuality.
 History showed us the egalitarian acceptance of homosexuality in the ancient hunter-gatherer
civilizations, the violent erasure of the gender deviants, and condemnation of homosexuality
with the spread of Abrahamic Religion (Jews, Christians, Muslims, and other religions who
believe in one god; the god of Abraham).
 LGBT activism have had various social movements to advocate for LGBT people's equal
rights (2000s), liberation (1960's-1970s), and self-acceptance through the homophile
movement (1950s).

 These social movements engaged in political and social activism through street
rallies, pride marches, law lobbying, engaging the media, arts, research, and many
other activities that empower the LGBT community.

 Dissent is so powerful; it can make significant changes in our society. Breaking the culture or
silence on the daily heteronormative violence that are committed and condoned by society is
the first step towards social change.

7. GENDER AND OTHER CROSS-CUTTING ISSUES (EDUCATION, GENERAL

HEALTH, MENTAL HEALTH)
GENDER AND EDUCATION
  The UNICEF (2011) report on adolescence show that while there is already an increase in access
to education for all genders, there remains to be many girls and women who are unable to go to
school.
 Some data also mean that while there are more males who are able to receive basic education,
there are more females who are able to proceed to higher education.

GENDER AND HEALTH

 Health, according to World Health Organization, does not only mean absence of diseases but
state of well-being.
 The Department of Health of the Philippines follows a cluster approach in health, wherein there
are more primary clusters: (a) public health, (b) water sanitation and hygiene, (c) nutrition, and
(d) mental health and psychosocial support.

GENDER AND MENTAL HEALTH

In the context of gender and sexuality, some issues faced by humans related to their sexuality
and to the roles they assume in the society are mental or psychological in nature. Some of these
issues are as follow:

• coping with sexual and reproductive health issues (teen pregnancy, STD/HIV, confusion
and doubt);

• psychological impacts of SOGIE-related concerns and gender roles and expectations;

• psychosocial concerns emerging from intimate/romantic relationships; and

• psychological trauma from GBV.

8. VIDEOS
PLEASE WATCH THESE FOR BETTER UNDERSTANDING OF THE LESSONS:

1. GENDER AND LABOR

Play Video

Play Video

Play Video

2. GENDER AND MEDIA

Play Video

Play Video

Play Video

3. GENDER AND ACTIVISM

Play Video
 Play Video

Play Video

4. GENDER AND HEALTH

Play Video