CHAPTER 1 Contextualizing Women’s Rights in the Philippines 1. The Role of the State in Promoting and Enforcing the Rights of Women, Girls, and Children The State is the guarantor of women’s and children’s rights. It is not the source of these rights. States should ensure that these rights are protected, fulfilled, and respected at all times. This position gains support from the international human rights law framework itself where the State is the principal duty-bearer of all human rights guarantees. By ratifying international rights conventions, States Parties agree to be bound by its provisions: ‘These instruments command parties to safeguard and guarantee such rights. ‘The core duties of the State with regard to these rights are encapsulated into three (3), the doctrinal trichotomy.' Here, States have the responsibility to protect, respect, and fulfill so that the people (especially women, girls, and children) may fully enjoy their rights. ‘The responsibility to protect requires the State to ensure that rights are not violated either by its agents or non-state actors. In cases of violations, there should be remedies for redress available to the victims. This obligation may be generally fulfilled by enacting laws and adopting policies for the protection of rights. For example, for the State to protect women’s rights against discrimination, it should “take steps directly aimed at eliminating customary and all other practices that prejudice and perpetuate the notion of inferiority or superiority of either of the sexes, and of stereotyped roles for men *This is in reference to the Maastricht Guidelines. See Dankwa, V., Flinterman, C., and Leckie, S., 1998. Commentary to the Maastricht Guidelines on Violations of Economic, Social and Cultural Rights. Hum. Rts. Q., 20, p. 705. 1 Scanned with CamScanner2 PHILIPPINE SOURCEBOOK ON WOMEN'S RIGHTS: LAWS, CASES, AND THEMATIC ISSUES and women”? by enacting laws guaranteeing equal pay between men and women for the same work performed. ‘The responsibility to respect requires the State to refrain from unduly interfering in the exercise of rights. It should avoid any actions that would prevent the people from fully enjoying their rights. To illustrate, in respecting women’s rights against discrimination, it should “refrain from making laws, policies, regulations, programs, administrative procedures and institutional structures that directly or indirectly result in the denial of the equal enjoyment by women of their civil, political, economic, social and cultural rights.”* ‘The responsibility to fulfill requires the State to perform positive actions to satisfy the enjoyment of rights. This responsibility generally involves “public expenditure, governmental regulation of the economy, the provision of basic services and related infrastructure and redistributive measures.” For example, in fulfilling the child’s right to education, the State should allocate sufficient public funds to build accessible and adequate school facilities, as well as to the hiring of competent teachers. A. General Attributes of Human Rights Women’s rights are human rights. As such, these rights adhere to the general attributes of human rights: § Universal By being a member of the human race or family, human rights apply to all persons. This does not recognize the race, sex, age, or creed of a human person as conditions for its application. This is confirmed by the Universal Declaration of Human Rights which guaranteed that all humans are free and equal, and it should be applied with no distinction given to their race, color, sex, language, religion, political or other opinion, national or social origin, property, birth or other status. *Committee on the Elimination of Discrimination against Women, General Reotmamendation Number 28, paragraph 8 ‘Ljungman, C. M., COWL. Applying a Rights-Based Approach to Development: Concepts and Principles, Conference Paper: The Winners and Losers from Rights- Based Approaches to Development, p. 6, November 2004. *Art. 2, Universal Declaration of Human Rights. Scanned with CamScannerCHAPTER 1 Contextualizing Women's Rights in the Philippines § Interdependent and indivisible All human rights are interrelated or interconnected with one another. All rights operate as a unified whole in order to give full realization to the conception and protection of the dignity of ahuman person. The fulfillment of one right often depends, wholly or in part, upon the fulfillment of others. This means that “civil and political rights cannot be dissociated from economic, social, and cultural rights in their conception, as well as universality, and that the satisfaction of economic, social, and cultural rights is a guarantee for the enjoyment of civil and political rights."* Otherwise stated, civil and political rights cannot be treated as separate from the concept of economic, social, and cultural rights in the same manner as the latter rights cannot be enjoyed apart and independent from civil and political rights. To simply illustrate this concept, take for instance the right to life of a person. This right cannot be enjoyed by one person by violating his right to health. The enjoyment of both rights is interdependent on one another. Another example, armed conflict does not only violate the political and civil rights of women. The violence likewise impacts their economic, social, and cultural right. § Inalienable Human rights are inalienable in the sense that they cannot be removed from a human person just because of his particular status or circumstance. It is since these rights are granted to them by being a human person and “one cannot stop being human, no matter how badly one behaves or how barbarously one is treated.”? For example, LGBTQIA persons are in no way less of a human. They are entitled to the same sets of rights with that of a heterosexual person. § Inherent Human rights are a birthright. The right-bearer is automatically and absolutely entitled to these rights by being a member of the human family. Rights are not granted to them by any authority such as States or governments. Entitlement to these rights is hinged on the recognition of the inherent dignity of ‘Preamble, African [Banjul] Charter on Human and Peoples’ Rights, adopted 27 June 1981, OAU Doc CAB/LEG/67/3 rev 5, 21 ILM. 58 (1982) (entered into force 21 October 1986). *Donnely, J. (2013). Universal Human Rights in Theory and Practice, p. 10. Scanned with CamScanner4 PHILIPPINE SOURCEBOOK ON WOMEN'S RIGHTS: LAWS, CASES, AND THEMATIC ISSUES the human person. No less than Various prominent international human rights documents confirm that “these rights derive from the inherent dignity of the human person,”$ ‘As such, a newborn child has the'right to be protected from harm. Her knowledge of the existence of the right is not a prerequisite for her to be entitled for this. 2. Women’s Rights Are Human Rights ‘There is a need to emphasize that women’s rights are human rights. While the International Bill of Human Rights® recognized that “all human beings have human rights for the simple. reason of being human,”!” the rights of women are oftentimes sidelined.. There are indications that the violations of women’s-human rights and issues of gender-based discrimination are treated separately from the mainstream human rights discourse." Furthermore, although discrimination based on sex is one of the cornerstones of these human. rights instruments, such principle (at least in the lived experiences of women) is ‘venal.”? It is because the International Bill of Human. Rights was written neither by women for women nor by men who have women on their minds.’ As such, an express recognition of women's rights as human rights is wanting." To emphasize, forms of private domestic violence directed against women were previously not considered a violation of human rights.!5 Private violence is committed by private persons (having no *Preamble, 1996 International Human Rights Covenants. *The International Bill of Human Rights is composed of three prominent international human rights instruments: The Universal Declaration of Human Rights, The International Covenant on Civil and Political Rights, and The International Covenant on Economic, Social, and Cultural Rights. %°Gardner, J., 2006. Simply in Virtue of Being Human: The Whos and Whys of Human Rights. J. Ethies & Soc. Phil. UBoyle, K., 1995. Stock-taking on Human Rights: The World Conference 'on ‘Human Rights, Vienna 1993, Political Studies, 49(1), pp: 79-96. "bid. }Hernandez-Truyol, B.E., 1995, Women's Rights as Human Rights — Rules, Realities and the Role of Culture: A Formula for Reform. Brook. J. Int L., 21, p. 605. ‘Reichert, E., 1998. Women's Rights are Human Rights: Platform for Action. International Social Work, 41(3), pp. 371-384. 'SHeise, L., Ellsberg, M,, and Gottmoeller, M. 2002. A Global Overview. of Gender-Based Violence. International Journal of Gynecology & Obstetrics, 78, pp. $5-S14. Scanned with CamScannerCHAPTER 1 5 Contextualizing Women's Rights in the Philippines apparent connection or acquiescence from the government) such as the intimate partners of women. While abused women or girls suffer from battering, the same is not treated asa human rights violation. This failure happens because men who occupy important positions in the government chose to promote the integrity of the family by protecting privacy rights in the family rather than interfering with their domestic affairs. Some' scholars further argue that this expressed apathy toward gender-based violence happens because men “rarely ‘experience violence as victims,” as such they “have directed ‘their’ attention ‘to what they consider as ‘a more pressing concern.”* A. Women’s Rights and the International Law— A Brief History Before the international human rights framework accepted the existence of women’s rights, its path to recognition is long and arduous, especially for the women’s movement. 'In the 1948 United Nations Universal Declaration ‘of Human Rights (UDHR), no serious emphasis was given to women's ‘rights despite the preambulatory phrase of the UDHR which states that “the peoples of the United Nations (...) reaffirm their faith in fundamental hiiman rights (...) and in the equal rights of men ‘and women.” The same ideals of non-discrimination were carried in the succeeding human rights instruments, namely the International Covenant on’ Civil and Political Rights (ICCPR) and the International Covenant ‘on Economic, Social, and Cultural Rights (ICESCR). ‘An effort to” push‘ ‘women’s ‘agenda in ‘the ‘human’ rights’ discourse came in 1975 when the United Nations organized the First World Conference on Women. Issues of women, specifically gender inequality, were raised and discussed. Here, a Plan of Action was adopted which led the United Nations General Assembly to declare the next ten (10) years as the Decade for Women.” In 1980, the Second World Conference on Women successfully gathered UN delegates. It is where the historic Convention on the Elimination of All Forms of Discrimination of Women (CEDAW) was jeise, L., 2018, Violence Against Women: The Missing Agenda; In The Health of Women (pp. 171-196). Routledge. ™Platiner, M., 1995. The Status of Women Under, International Human Rights Law and the 1995 UN World Conference on Women, Beijing, China, Ky. LJ, 84, p. 1249. Scanned with CamScanner6 PHILIPPINE SOURCEBOOK ON WOMEN'S RIGHTS: LAWS, CASES, AND THEMATIC ISSUES endorsed.'® The delegates further covered specific women’s issue, such as education, employment, and health.!* While they went beyond discussing inequality per se, they saw such an issue as q weapon to perpetuate discrimination against women.” In 1985, toward the end of the UN Decade for Women, the Third World Conference on Women was held. It was here that delegates evaluated the progress made in terms of women’s rights. ‘The conference also heavily covered domestic violence and had come ‘up with recommendations urging governments all over the world to address this concern.”' The delegates of the Third World Conference on Women adopted the Nairobi Forward Looking Strategies. The document contains key. recommendations in particular areas of concerns on the status of women such as violence, development, health, and education. In 1993, the plight for the recognition of women’s rights as human rights made a remarkable advancement at the World Conference on Human Rights.” During this gathering, participants presented evidence-based documents of abuses against women. At the end of the conference, the Vienna Declaration and Program of Action (VDPA) was adopted. The VDPA, for.the first time, categorically recognized “the human rights of women and of the girl- child” as “an inalienable, integral and indivisible part of universal ‘human rights.” In 1995, the Fourth World Conference on Women was held at the instance of the United Nations. The purpose of the gathering is to appraise the progress made in reference to the Nairobi Forward Looking Strategies, While the document that was adopted during the Third World Conference aptly provided for measures to address women’s issues, it was determined that the advancement of the rights of women was not satisfactory. Issues of poverty, violence, and illiteracy remained to have an imbalanced impact on women as compared to men. As a response, the conference adopted a more "Reichert, E., 1998. Women's Rights Are Human Rights: Platform for Action; International Social Work, 41(8), pp. 371-984. ‘9gupra note 27. id. Bid. “Bunch, C., Peters, J., and Wolpers, A., 1995. Women’s Rights as Human Rights. Vienna Declaration and Program Action, paragraph 18, Scanned with CamScannerCHAPTER 1 7 Contextualizing Women’s Rights in the Philippines comprehensive document, the Beijing Declaration and Platform for Action. The Beijing Declaration bore the commitments of the participating governments to ensure the full and equal enjoyment by women and girls of their human rights, the rights of women to benefit and participate in economic developments, and the elimination of all forms of discrimination and violence against women and girls.* The Platform for Action, meanwhile, provided a more comprehensive recommendations on selected twelve (12) areas of critical concerns, namely: a) Women and poverty; b) Education and training of women; ©) Women and health; 4) Violence against women; e) Women and armed conflict; f) Women and the economy; g) Women in power and decision-making; h) _ Institutional mechanisms for the advancement of women; i) Human rights of women; j) Women and the media; k)_ Women and the environment; and D).* ‘Discrimination against the gil child. While the Platform for Action is technically not an international treaty—thus no force and effect of law—its impacts in the pursuit of the global recognition of women’s rights are highly commendable. The Platform for Action strengthened the idea that women’s rights are human rights and should not be taken separately from the whole rights discourse. The coverage of twelve (12) interrelated areas of critical concerns had proven that women’s rights are indivisible, universal, and inalienable human rights. It effectively repositioned women’s rights from the sideline to the center.” Beijing Declaration, paragraphs 22-38. Bunch, C. and Fried, S., 1996. Beijing '95: Moving Women’s Human Rights from Margin to Center. Signs: Journal of Women in Culture and Society, 22(1), PP. 200-204. Scanned with CamScanner8 PHILIPPINE SOURCEBOOK ON WOMEN'S RIGHTS: LAWS, CASES, AND THEMATIC ISSUES B. The Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW) ‘The CEDAW is the most comprehensive and one of the most widely-ratified human rights conventions. The Convention guarantees women’s rights in the whole United Nations (UN) system. It took decades before this rights document materialized. Historically, as early as 1963, the UN General Assembly (UNGA) saw the need to have a Convention addressing issues on the human rights of women. The UNGA then requested the UN Economic and Social Council (ECOSOC) to convene the Commission on the Status of Women (CSW) for the drafting of a single human rights instrument for women’s rights and issues. The drafting began in 1965 and culminated in 1967 with the adoption by the UNGA of the UN Declaration on the Elimination of Discrimination against Women. The such document, however, was a mere statement of moral and political intent of the Assembly, hence without the force and effect of a binding treaty. In 1972, the Commission on the Status of Women took the initiative in creating a binding treaty for women’s rights. It asked the UN Secretary-General to bring the proposal to the General Assembly. In 1973, a working group for the convention was created. In 1974, the CSW decided to proceed with the draft convention. In 1976, the CSW working group was able to prepare the draft. The draft was heavily influenced by the outcomes of the First World Conference on Women that was held a year prior. From 1977 to 1979, the same draft was subjected to deliberations by another working group created by the Third Committee of the General Assembly. In 1979, the completed CEDAW was finally adopted by the UNGA through its Resolution 34/180 where 130 voted in favor and had no opposition but with ten (10) abstentions. A ceremonial signing of CEDAW was then held atthe 1980 Second World Conference on Women where sixty-four (64) countries signed.?* C. The Core Principles of Women’s Rights under CEDAW a. The Principle of Non-discrimination From the title of the Convention itself, itis indicatively obvious that the main aim of CEDAW is the elimination of all forms of Women, U.N., 2012. Short History of CEDAW Convention. Retrieved from httpa//orww.un.org/womenwatch/daw/cedaw/reports.htm, Last acce: November 2022. ame SEs 10, Scanned with CamScannerCHAPTER 1 9 Contextualizing Women’s Rights in the Philippines, discrimination against women.” Article 1 of the CEDAW defines discrimination 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... From the above definition, discrimination is arguably hinged on any distinction, exclusion, or restriction based on sex. Sex may also refer to gender. Sex pertains to the biological distinction between male and female while gender to the “social construct by which people associate activities and characteristics with a particular sex.” Moreover, distinction is interpreted as the disparity in the treatment between men and women. Exclusion, on the other hand, refers to a “pattern of belief and social practices which deny to women the opportunities and rights that are available to men”; and restriction pertains to the limitations on the exercise of rights of women as opposed to men.” Discrimination may either be direct or indirect. There is direct discrimination if the “distinction, exclusion, or restriction on the basis of sex” was made for the “purpose of impairing” the right of women. A law that prohibits women from owning property or from inheriting is an example of direct discrimination. Meanwhile, indirect discrimination happens if the such distinction between sexes, exclusion of women, or restriction of women's rights has the effect of nullifying or impairing women’s rights. Laws, policies, or practices that appear neutral at face value, but have ‘Holtmaat, HM. and Freedom. Freeman, M.A., Rudolf, B., Chinkin, C., Kroworsch, S., and Sherrier, A. eds., 2012. The UN Convention on the Elimination of All Forms of Discrimination against Women: A Commentary. Oxford University Press. Goetz, AM., 1995, The Politics of Integrating Gender to State Development Processes: Trends, Opportunities and Constraints in Bangladesh, Chile, Jamaica, Mali, Morocco and Uganda (No. 2), UNRISD Occasional Paper. Supra note 36. art. 1, CEDAW. 2015. CEDAW: A Holistic Approach to Women’s Equality Scanned with CamScanner10 PHILIPPINE SOURCEBOOK ON WOMEN'S RIGHTS: LAWS, CASES, AND THEMATIC ISSUES a disproportionate impact on the exercise of CEDAW rights are examples of indirect discrimination. ‘The non-discrimination principle of CEDAW applies both to de jure and de facto inequalities. De jure inequality happens if there is discrimination in law and women do not have sufficient protection and legal remedies “against discrimination in the public as.well as. the private spheres by competent tribunals,” while de facto refers to inequality in fact or in reality. Oftentimes, non-discrimination is only seen in law and not on the ground. As such, the objective is to bring this principle both into law and practice. To illustrate, labor, laws prohibit discrimination against women accepting applicants for work. This is a de jure equality. But in reality, while the law is in place, women’s employment is in fact very low, an indication of a de facto inequality. Meanwhile, de jure inequality happens, for example, in family laws that legally prohibit women to make decisions on affairs of the family. b.. The Principle of Substantive Equality The attainment of substantive equality is one of the greatest aims of the CEDAW. To do so, the convention requires the equality of opportunity between men and women and the correction of the inequalities of power between them. : The accomplishment of this lofty goal is measured in terms of equality of outcome or result** which is thus defined as— ‘The logical corollary of de facto'or substantive equality. ‘These results may be quantitative and/or qualitative in nature; that is, women enjoying their rights in various fields in fairly equal numbers with men, enjoying the same income levels, equality in decision-making and political influence, and women. enjoying freedom from violence. Equality of results means that equality should bé beyond formal equality or mere equality in the “policies, law or institutions that *2Natalia Ciobanu v. Republic of Moldova, CEDAW/C/74/D/104/2016, ®°CEDAW General Recommendation Number 25, paragraph 7. “Bacio, A. and Morgan, M.L, 2008. Equity or Equality for Women— Understanding CEDAW’s Equality Principles. AIA. L. rev., 60, p. 1133. Sart. 2, CEDAW. ‘®°CEDAW General Recommendation Number 25, paragraph 9. Scanned with CamScannerCHAPTER 1 1M Contextualizing Women’s Rights in the Philippines have been created to give opportunities to women.”*” Such should translate into true equality on the ground. For example, there is formal equality if the government enacted labor laws guaranteeing equal employment opportunities between men and women. While the law gives equal treatment between sexes, it failed to consider the unfair disadvantages suffered by women, such as sexism. The equality in law in this situation does not attain equality in the result. ‘The law should have taken into consideration the lives of men and women in a contextual manner. The position of women will not be improved as long as the underlying or root causes of discrimination against them, and their inequality, are not effectively addressed.%* Aside from the equality in opportunity, the correction of de facto inequalities should also be addressed to achieve substantive equality. This may. be done by. introducing corrective’ actions through temporary special measures. Such measures favoring women do not constitute discrimination against men. These are implemented to accelerate de facto equality between sexes and are to be discontinued after their purpose had been served.” To fully illustrate, consider the low number of women pursuing tertiary education. This situation is caused by a gender stereotype that women do not need a college education because they will just serve as housewives in the future. To create equal opportunities, a Jaw was passed mandating both men and women to obtain degrees. Despite the law, the low turnout subsisted. To achieve equality on the ground and to correct this imbalance, a temporary measure may be implemented by the government. The measure may be in the form of a quota where Universities are compelled to reserve a percentage of their admission for women and to grant scholarships or support to them. This measure is not discriminatory, rather it corrects the gender stereotyping against women to achieve de facto equality. ce. The Principle of State Obligation ‘'The CEDAW requires the active participation of the States parties in compliance with its state obligation.” Once a state has "Supra, note 43. ®*CEDAW General Recommendation Number 25, paragraph 10. Supra, note 43. “Sec, 4.1, CEDAW. “1Waylen, G., Celis, K, Kantola, J., and Weldon, L. eds., 2013. The Oxford Handbook of Gender and Politics. Oxford University Press. Scanned with CamScanner12 PHILIPPINE SOURCEBOOK ON WOMEN'S RIGHTS: LAWS, CASES, AND THEMATIC ISSUES ratified the Convention, it becomes a binding instrument. This means that all obligations included in the Convention are obligatory to the state party. In general, states parties to the CEDAW have the obligation to respect, fulfill, and protect the rights of women (especially equality and non-discrimination). ‘The responsibility to protect requires states parties to ensure that there are sufficient policies and laws that prevent and prohibit violations of women’s rights, regulate both state and non-state actors with regard to women’s rights, and provide adequate remedies in case there are violations. The responsibility to respect, meanwhile, requires that the state should neither enact discriminatory laws nor engage in state actions that discriminate against women. The obligation likewise commands the state to repeal discriminatory laws, policies, rules, ‘or regulations. The responsibility to’ fulfill requires the state to take positive action for the realization of substantive equality between men and women,’ such as building women’s abilities and ensuring ‘that non-discrimination “does not happen both in de jure and’de facto conditions. Broad state obligations may be seen in Articles 2 to 4 while the substance and context in which the principles of State obligation have to be applied may be found in Articles 5 to 16 of the document. Other than the obligation to'comply with the norms and standards textualized in the convention, the state party also binds itself to be subjected to a review by an international treaty body on the basis of these norms and standards. One (1) year after a state becomes a party to the convention, it is required to submit a report about the judicial, legislative, administrative, and other actions it performed in order to comply with the obligations in the Convention.* The same report is submitted periodically every four (4) years. In finality, the’ state party ‘has the! obligation’ to observe due diligence in, promoting, fulfilling, respecting, and protecting women's rights, It takes upon itself the burden that no woman shall be subjected to discrimination at all times, and by anyone. Even if the perpetrator is a non-state actor (such as private companies “Art, 18, See. 1(a), CEDAW. “Art. 18, See. 1(b), CEDAW. Scanned with CamScannerCHAPTER 1 13 Contextualizing Women’s Rights in the Philippines or institutions), the state has the liability if it failed to prevent violations of rights or investigate and punish acts of violence, and for providing compensation.“ 3. Women’s Rights and Women’s Rights Movements in the Philippines Before discussing what are women’s Fights i in the Philippines, it is equally important to place this in proper context by examining the concept alongside the history of the women’s rights movement in the country. During the’ pre-colonial era, Filipina women “are empowered in terms of social, economic, religious, and political aspects. The Pre-Hispanic barangay or village appoints women to’ the position of babaylan (while men who are effeminate sometimes hold the position). The babaylanes are the priestesses and healers of the village, they lead the spiritual life of the people and are not subservient to the Datu (the village leader). When the Spaniards set foot in. the oe they, brought with them the “notions of masculine vanity, a dominant patriarchal paradigm, and a Catholic clergy that cast aspersions on the babaylan.”** Women, babaylanes in particular, were policed by the Spanish friars. They were demonized. A gender role was assigned to them, and their bodies, including their sexuality, were controlled by the church. They have no participation whatsoever “(General . Recommendation. Number 19, paragraphs 9 and 10;~General Recommendation Number 32, paragraph 27; See also Art. 2(c), CEDAW: “States Parties condemn discrimination against women in all its forms, agree to pursue by all appropriate means and without delay a policy of eliminating discrimination against women and, to this end, undertake (...) To take all appropriate measures to eliminate discrimination against women by any person, organization or enterprise.” “Hatton, K., Mainstreaming the Filipina Women’s Movement into Social Movement Theories. “Hega, MD., Alporha, V.C., and Evangelista, M.S., 2017. Feminism and the Women’s Movement in the Philippines. Friedrich Eberto Stiftung; Salazar, Z.A., 1999. Ang Babaylan sa Kasaysayan ng Pilipinas, Palimbagan ng Labi. ‘“1Gaborro, A. (2008), Filipino Women Power [online]. Available at http! babaylanfiles.blogspot.com/2009/06/in-news-filipino-women-power.html. Last accessed on 10 November 2022. “Gealogo, F. (2010), ‘Kasalanan sa Tkaanim na Utos: Katawan at Katauhan sa Diskurso ng mga Tekstong Historikal noong ika-19 na Dantaon’ in Navarro, Atoy and ‘Jose, Dorothy (eds.), Kababaihan sa Kalinangan at Kasaysayang Pilipino, Manila: C&E Publishing, Inc. Scanned with CamScanner“4 PHILIPPINE SOURCEBOOK ON WOMEN'S RIGHTS: LAWS, CASES, AND THEMATIC ISSUES in the decision-making process, most would till the lands with their husbands as “peasants for a pittance,” treated as inferiors.*” It was during the waves of Philippine independence movements when women’s participation was significant. Mostly, they participated in areas previously dominated by men. For example, when the Philippine-American wars erupted, General Emilio Aguinaldo allowed the establishment of a women’s organization, ‘Asosacion Filantropica de la Cruz Roja, with the purpose of collecting funds for the revolution. Women were algo active in expressing their views on matters subject of public affairs. For instance, the women of Bacolor, Pampanga signed a petition urging the transfer of the revolutionary government to Bacolor.! The recognition of sexual violence against women as an issue was also apparent during these times, The writings of Apolinario Mabini, believed as the country’s first Chief Magistrate, reveal his idea that women should be protected from these abuses.” The revolutionary government similarly issued decrees for the protection of women, specifically sex workers and girl children from sexually-transmitted diseases and seductions, respectively. During the American occupation, the women’s movement charted interesting developments such as their involvement in formal feminism. The country’s first feminist association, Asociacion Feminista Filipina, was founded in 1905. The organization was composed of women with the main aim of promoting women’s social welfare and political participation. The women’s right to vote was taken seriously the following year when the Asociacion Feminista Tlonga was established. Both the Asociacion Feminista longa and the Asociacion Feminista Filipina were active in campaigning for women's suffrage all over the country.“ While a bill granting the rights of women to vote was filed the following year, it was: not “Rafal, M.F.A. and Flor, M., 2011, Indigenous Women in the Philippines and Its Combat to Injustice: A Channel for Women's Reinforcement Operation. International Proceedings of Economies Development and Research, 6(2), pp. 324-328. “Camagay, M.L., 1998, Kababaihan ea Rebolusyon. Kasarinlan: A Quarterly Publication of the Third World Studies Center. University of the Philippines, 14. (online) a asociacion-feminista-filipina/. Last accossed on 10 November 2022 Scanned with CamScannerCHAPTER 1 15 Contextualizing Women's Rights In the Philippines successful, Multiple bills filed in the subsequent years likewise suffered the same fate, It was not until 1937 that women’s suffrage was legally recognized following a plebiscite for women called for the purpose," Women became prey during the Japanese occupation in the second World War. They were victims of sexual abuse a6 comfort women, Despite this, some of them actively joined the guerilla movement in resistance to imperial Japan, Many women were part of the People’s Army Against the Japanese, some would even hold leadership posts. Right after the liberation, the women's movement seemed to separate itself from the usual outcry of structural and societal reforms, The peace after the war and the recognition of women's rights to vote encouraged women to move for equality as partners of men. Later, however, because of the proliferation of communist ideas and the rampant state-sponsored human rights violations during the Martial Law, the movement would then migrate towards the causes of Marxism. Along this line is the Malayang Kilusan ng Bagong Kababaihan (MAKIBAKA) in 1969. MAKIBAKA took the issue of class oppression and foreign interference alongside women’s concerns. The following year, it became an arm of the communist National Democratic Front (NDF). Its reorientation into the NDF framework was unfavorable to the cause of MAKIBAKA, Its issues were sidelined in the NDF because it considered a victory in class revolution as a prerequisite to women empowerment. Consequently, the focus of the organization was more on broad issues rather than on women.” Because of the discontent with the seeming neglect of women’s agenda in the NDF, two (2) women organizations, the Kilusan ng “Note that under Art, V, Sec, 1 of the 1936 Constitution, suffrage was only guaranteed io men: “Boction 1, Buffrago may bo exercised by male citizens of the Philippines not othorviae disqualified by law, who are twenty-one yeara of age or over and are able to rend and write, and who shall havo resided in the Philippines for ‘one yenr and in the municipality heroin they propose to vote for at least six months proceding the olection, ‘Tho National Assembly ahall oxtend the right of suffrage to women, if in a plobiseito which shall bo hold for that purposo within two years after the adoption of this Conatitution, not Jous than three hundred thousand women ponwensing the necosmary qualifications shall vote affirmatively on the question. “Banton, A. (2004), 'Do Womon Roally Hold Up Half The Sky?: Notes on the Women's Movement in the Philippinen’ in Gonder, Culture and Soctoty: Selected Sondinys in Women's Btudion in tho Phillppinos, lat ed,, Seoul, Koren: Ewha Women's University Proms, pp. 22-41, Scanned with CamScanner16 PHILIPPINE SOURCEBOOK ON WOMEN'S RIGHTS: LAWS, CASES, AND THEMATIC ISSUES Kababaihan Pilipina (Pilipina) and Katipunan ng Kababaihan Para sa Kalayaan (Kalayaan), were established in the 1980s. ‘These organizations categorically declared their separation from the communist group. Both Pilipina and Kalayaan took feminist discourses into their bodies of work. They held various campaigns and study groups that discussed women’s issues apart from the usual paradigms of class suppression espoused by the NDF. Some of these issues include violence against women, sexual exploitation, and women’s health.” The activities are confrontations against the centuries-old patriarchal system in the country. In the same decade, the General Assembly Binding Women for Reform, Integrity, Leadership, and Action (GABRIELA) was formed. GABRIELA is a coalition of various women’s organizations whose ideological meeting point centers on the feminist agenda. However, GABRIELA (like the NDF) maintained a class oppression orientation on its advocacies which later on resulted in difficulties in “sharpening and deepening of feminist issues.”** Some members left the coalition due to management issues. Nonetheless, GABRTELA would subsist and would expand its reach to include women’s political participation. In the 1990s, post-Martial Law, the Canadian aid agency created the Women in Development (WID) Fund for the Philippines. It was agreed that the WID Fund will be transformed into a funding mechanism called the Development Initiative for Women’s Alternative and Transformative Action (DIWATA) which in turn will be co-managed by two (2) coalitions of women’s organizations, the Women’s Action Network for Development (WAND) and the Lakas ng Kababaihan Group of 10 (G-10). GABRIELA is part of the G-10. This, later on, enriched women’s rights advocacies such as the creation of specific women’s rights alliances (like SIBOL, for legislative advocacy and the Alliance for Women’s Health for reproductive health and rights issues). "gobritchea, C.1., 2004. Women’s Movement in the Philippines and the Politics of Critical Collaboration with the State, In Civil Society in Southeast Asia (pp. 101-121). ISEAS Publishing. id. ‘GABRIELA Women's Party actively participates in the party-list election. ©gobritchea, C.L,, 2004. Women's Movement in the Philippines and the Polities of Critical Collaboration with the State. In Civil Society in Southeast Asia (pp. 101-121), ISEAS Publishing. Scanned with CamScannerCHAPTER 1 7 Contextualizing Women’s Rights in the Philippines To date, women’s rights movements continuously push for full substantive equality between sexes. Various women’s rights laws that exist today are products of this movement. § The guarantees for women’s rights in the Philippine Constitution The Constitution “recognizes the role of women in nation-building,”* as well as the needs for equal treatment between sexes. As such, various provisions in the Constitution provide for the improvement of their conditions. It ensures political participation for women by encouraging the creation of a party-list for this particular sector. Their health needs are also prioritized, especially in accessing health facilities.®° The rights of working women are protected “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.” § Why are women granted preferential treatment in the Constitution? Social justice is one of the novel core principles of the 1987 Constitution. Through this, the Filipino people agreed to “enshrine asymmetrical equality to uplift disadvantaged groups and build a genuinely egalitarian democracy.”® As such, “the weak, including women in relation to men, can be treated with a measure of bias that, they may cease to be weak.”® ‘The disadvantaged positions suffered by women in society are a product of years of discrimination that are deeply rooted in the Philippine’s patriarchal tribal and family models.” To correct such inequality, the Constitution mandates to “give the highest priority to the-enactment of measures that protect and enhance the right ‘Art. II, Sec. 14. Art. VI, Sec. 5(2). Art. XIII, Sec. 11. Art. XIII, Sec. 14. Chief Justice Reynato S. Puno (Ret), “Equal Dignity and Respect: The Substance of Equal Protection and Social Justice,” (2012) Separate Concurring Opinion of Justice Roberto Abad in Garcia v. Judge Drilon, G.R. No. 179267, 25 June 2013. Ibid, Scanned with CamScanner18 PHILIPPINE SOURCEBOOK ON WOMEN’S RIGHTS: LAWS, CASES, AND THEMATIC ISSUES of all the people to human dignity, reduce social, economic, and political inequalities and remove cultural inequities.”* Because of this Constitutional fiat, the Supreme Court declared the government’s positive actions that favor girls or women as valid and constitutional. In one case, for example, a husband brought an action to the Court that challenges the Constitutionality of Republic Act Number 9262 or the Anti-Violence Against Women and their Children Act of 2004 (VAWC). According to the petitioner, the ‘VAWC violates the constitution’s equal protection clause because it is inherently an “anti-male,” “husband-bashing,” and “hate-men” legislation. For him, further, the law favors women alone. The Supreme Court, in declaring VAWC, does not violate the equal protection clause of the constitution and said that the law rests on a valid classification. The Court ratiocinates that there is a substantial distinction between men and women: ‘The unequal power relationship between women and men; the fact that women are more likely than men to be victims of violence; and the widespread gender bias and prejudice against ‘women all make for real differences justifying the classification under the law. As Justice McIntyre succinctly states, ‘the accommodation of differences... is the essence of true equality.’ § The Philippines and the International Laws on Women’s Rights Under Article 38(1) of the Statute of the International Court of Justice (ICJ), the sources of international laws are “(1) treaties; (2) customary international law; (3) general principles of law; and (4) judicial decisions and the teachings of the most highly qualified publicists of the various nations, as a subsidiary means for the determination of rules of law.” These laws became part of the legal system of the Philippines through two (2) constitutional mechanisms: incorporation and transformation. Transformation” requires the act of ratification before these laws be absorbed in the domestic sphere. Examples are treaties or Art. XIII, Sec. 1. Garcia v. Judge Drilon, G.R. No. 179267, 25 June 2013. "See Art. VIII, See. 4, 1987 Constitution: “All existing treaties or international agreements which have not been ratified shall not be renewed or extended without the concurrence of at least two-thirds of all the Members of the Senate.” Scanned with CamScannerCHAPTER 1 19 Contextualizing Women’s Rights in the Philippines conventions that need to be ratified first by the government before they become part of Philippines laws. Incorporation” meanwhile, refers to the mechanism whereby generally accepted principles of international law (or customary international law) become part of the country’s law system. Examples are customary international laws that do not require to be ratified by the Philippine government. Although not a treaty, the Universal Declaration of Human Rights (UDHR) is binding to the Philippines. In Ocampo v. Enriquez,” the Supreme Court thus stated: Further establishing the obligation to respect. human rights is the Universal Declaration of Human Rights (UDHR) which defines and codifies human rights norms provided for in the UN Charter. Considered the most important human rights document in the world, the UDHR enumerates the human rights that states are bound to respect, including the xight to life, liberty, and security of persons; the prohibition against torture and arbitrary arrest or detention; and the right to freedom from interference with one’s privacy, family, ‘home, or correspondence. While not a legally binding treaty, the UDHR is generally considered a codification of the customary international law on human rights. Hence, it binds all nations including the Philippines. The’ Philippines is a signatory to the Convention on the Elimination of All’ Forms of Discrimination Against Women (CEDAW), considered the foremost and most comprehensive international instrument on women’s human rights. The government signed this on 15 July 1980 and was duly ratified on 5 August 1981. The Optional Protocol to the CEDAW concerning the individual complaint procedure and inquiry procedure on violations of women’s rights was also accepted by the Philippines on 12 November 2003. See Art, Il, Sec. 2(1): “Section 2. The Philippines renounces war as an instrument of national policy, adopts the generally accepted principles of international Jaw as part of the law of the land and adhe1 policy of peace, equality, justice, freedom, cooperation, and amity with all na 7G.R. Nos. 225973, 225984, 226097, 226116, 226117, 226120, and 226294, ‘8 November 2016. Scanned with CamScannerbh 20, PHILIPPINE SOURCEBOOK ON WOMEN'S RIGHTS: LAWS, CASES, AND THEMATIC ISSUES § The Philippines is a state party to other international human rights treaties that guarantee the rights of women Apart from’ CEDAW, the Philippines is also a signatory to other human rights conventions that guarantee the rights of women. ‘The country is a state party to the International Covenant on Civil and Political Rights (ICCPR). It ratified ICCPR on 23 October 1986. The Convention guarantees equal rights of men and women. in the enjoyment of all civil and political rights.” The Philippines also ratified the International Covenant on Economic, Social, and Cultural Rights (ICESCR) on 7 June 1974. The ICESCR ensures the equal rights of men and women in the erfjoyment of all economic, social, and culttral rights,” and equal pay with’ men for the same work done,” § The binding effect of CEDAW in the Philippine legal system ‘The' Supreme Court illustrated in a case the binding effect of CEDAW on the country’s legal system. In People of the Philippines v, Edgar Jimawan," the court made a pronouncement that because the Philippines is a state party to the convention, it consequently assumed the. role of promoting gender equality, and, women’s empowerment as a vital clement in addressing global concerns, committed to condemning discrimination against women in all its forms, and agreed to pursue a policy of eliminating discrimination against women. In compliance with this, the Constitution embodied substantive equality and non-discrimination, and some laws: are enacted or repealed to promote the CEDAW principles. ; ‘The’ binding effect ' of’ the CEDAW likewise extends to the interpretation of the provisions of the Convention by the CEDAW Committee’ (or the Committee: on the’ Elimination of All Forms of Discrimination |Against Women).” For example, Art. 3, ICCPR. Mart, 3, ICESCR. Tart. Ta(), ICBSCR. %8G.R. No. 187495, 21 April 2014, Noto that the CEDAW Committee is the treaty body of independent experts that monitors the implomentation of the Convention on the Elimination of All Forme of Discrimination against Womon. It was created pursuant to Optional Protocol (OP) tothe CEDAW. A country that is a party to tho OP is required to regularly report to the Committee concerning the measures that it adopted to eliminate discrimination against women; A General Recommendation is directed to States and concerns articles or themes in the Conventions. Scanned with CamScanner