Gender and Society
Gender and Society
Gender and Society
The Philippines is know for its very liberal and Republic Act 8355 (1997)
progressive Constitution that was formulated during the
euphoria of People Power Revolution in 1986. Gender An act expanding the definition of the crime of rape,
equality is a key element of this Charter and as reclassifying the same as a crime against persons.
enshrined in Article II Section 14 of the 1987
Philippine Plan for Gender Responsive Development
Constitution, "the State recognizes the role of women in
(1995- 2025).
nation-building and shall ensure the fundamental
equality before the law of women and men." The National Philippine Plan for Gender Women that
consolidates the action commitments of the Philippines
Various Laws Promoting Gender Equality
during the Beijing World Conference on Women. This is
Legal Government Code of 1991 the overall frame that is also the point of reference for
the discussions and monitoring of gender
Provides for the election of sectoral representation, mainstreaming.
including women, in local legislative councils.
Gender and Development Budget (GAD). Artcle XIV, Section 2
Integral to the national plan, it is aimed Establish and maintain, a system of free public
“institutionalizing gender concerns in the mainstream education in the elementary and high school levels.
development process and agenda and not just Without limiting the natural rights of parents to rear
peripheral programs and projects of the government.” their children, elementary education is compulsory for
Concretely, it prescribes for the allocation of 5%of the all children of school age
government agency's/local government unit's budget
on gender- responsive activities and projects. ONE GLARING ISSUE
Framework Plan for Women (FPW) Gender stereotyping of fields of study and specialization
and its onward translation into the world of work.
This is part of the Philippine Plan for Women developed
to focus on three thrusts, namely promoting women's Lesson 18 "VIOLENCE AGAINST WOMEN AND THEIR
economic empowerment advance and protect women CHILDREN ACT" REPUBLIC ACT NO.9262
human rights; and promote gender responsive
Republic Act 9262 or Anti Violence Against Women and
governance. This plan identifies to concrete gender
their Children (Anti-VAWC) Act of 2004.
issues that will be addressed pinpoint targets and
indicators, name program formulates the Important features of the law include:
implementation plan, and set-up tools for monitoring
and evaluation. #1 Four kinds of violence against women and children
are defined.(Physical,Psychological, Sexual and
Women's Right to Participate Economic)
#2 VAWC is a public crime
Women's expressions of involvement in civil society
#3 Protection orders can be issued against the
could be through organizing along gender-specific
perpetrator
issues and formation of all-women groups within broad
#4 Stronger community mechanisms to respond to
coalitions as power-enhancing mechanisms. Groups
cases
such as the PILIPINA feminist movement, the militant
GABRIELA women's group, the Ugnayan ng Kababaihan Protection Order
sa Pulitika (UKP- Network of Women in Politics), the
KILOS KABARO (Act Sisters Coalition), and SIBOL An order issued for the purpose of preventing further
Legislative Network have trail blazed women advocacies acts of violence against a woman and her child specified
both in policies and in legislations. in Section of this Act and granting other necessary
relief.
Women's Involvement in Civil Society
The Law enumerates the following reliefs that may be
Women's expressions of involvement in civil society availed of through a protection order:
could be through organizing along gender-specific
issues and formation of all-women groups within broad 1. Prohibition of the respondent (perpetrator) from
coalitions as power-enhancing mechanisms. Groups threatening to commit or committing personally or
such as the PILIPINA feminist movement, the militant through another, any of the acts penalized by the Anti-
GABRIELA women's group, the Ugnayan ng Kababaihan VAWC law;
sa Pulitika (UKP- Network of Women in Politics), the 2. Prohibition of the respondent from harassing,
KILOS KABARO (Act Sisters Coalition), and SIBOL annoying, telephoning, contacting, or otherwise,
Legislative Network have trail blazed women advocacies communicating with the petitioner (victim- survivor)
both in policies and in legislations. directly or indirectly;
3. Removal and exclusion of the respondent from the
WOMEN AND EDUCATION residence of the petitioner whether temporarily or
permanently;
The Philippine educational system is a combination of
4. Directing the respondent to stay away from the
public and private institutions with the State providing
petitioner and any designated family or household
free education for elementary and secondary levels.
member at a distance specified by the court;
5. Directing lawful possession and use by the petitioner
of an automobile and other personal effect regardless
of ownerships; of LGUs or the Barangay in addressing VAWC cases,
6. Granting a temporary or permanent custody of a apart from the issuances of Barangay Protection Orders:
child/children to the petitioner;
7. Directing the respondent to provide support to the *Section 47. Duties and Functions of Barangay Officials-
woman and/or her children if entitled of legal support; In order to eliminate violence against women and their
8. Prohibition of the respondent from any use or children, barangay officials shall:
possession of any firearm or deadly weapon and order
(a) undertake an education program on Republic Act
him to surrender the same to the court for appropriate
No. 9262 and on violence against women and their
disposition by the court including revocation of license
children and why it exists, the rights and remedies of
and disqualification to apply for any license to use or
victim-survivors, and the duties of residents and all
possess a firearm;
barangay officials.
9. Restitution for actual damages caused by the violence
(b) have a family violence prevention program, including
inflicted, including, but not limited to, property damage,
peer counseling for men;
medical expenses, childcare expenses and loss of
(c) support organizing efforts and development
income;
programs for women in the community;
10. Directing the DSWD or any appropriate agency to
(d) prioritize livelihood projects for victim survivors.
provide petitioner may need; and
(e) involve women in planning and implementation of
11. Provision of such other forms of relief as the court
all programs and projects in the barangay.
deems necessary to protect and provide for the safety
(f) have an Anti-VAWC desk officer in the barangay who
of the petitioner and any designated family or
shall coordinate a one-stop help desk. As much as
household member, provided petitioner.
possible, this help desk shall be open for 24 hours.
(g) ensure that all barangay officials,barangay health
Rights of Victim-Survivors of VAWC Cases
workers, barangay nutrition scholars, other barangay
Section 35 Right of Victims workers, and tanod or barangay security officers
In addition to their rights under existing laws, victims of undergo gender sensitivity seminars to enable them to
violence against women and their children shall have respond to victims of violence;
the following rights: (h) develop a system to document and report cases of
VAWC and assistance program to victims thereof; and
(a) to be trated with respect and dignity; (i) if applicable/ necessary, prescribe additional
(b) to avail of legal assistance from the Public Attorney's guidelines and standards provided that these are
Office and the Department of Justice or any public legal consistent with the act.
assistance office;
(c) to be entitled to all legal remedies and support as LESSON 19: LAWS AND POLICIES ON VIOLENCE AND
provided for under the Family Code; and DISCRIMINATION OF THE MEMBER OF LGBTQ+
(d) to be entitled to support services from the DSWD
ANG LADLAD LGBT PARTY VS. COMELEC
and the LGU's
(e) to be informed of their right to apply for a ANG LADLAD
protection order
Ang Ladlad was a political organization composed of
DUTIES OF NATIONAL AND LOCAL GOVERNMENT members of the Filipino LGBT community. And it was
OFFICES founded on September 1, 2003 by Danton Remoto
Section 39 of RA 9262 provides for the creation of the The COMELEC denied the petition of the ANGLADLAD to
Inter-Agency Council on Violence against Women and become a partylist.
their children (IAC-VAWC), which shall formulate 2006- Petition Denied Due to the lacked members.
gender-sensitive programs and projects according to 2009- Petition Denied due to Immorality.
their respective agency mandates, including capability
building programs for their employees. VIOLENCE AND DISCRIMINATION
The IAC-VAWC consists of the following agencies: Despite of the widespread anecdotal evidence of crimes
perpetrated against the LGBTQ+ Community in the
The implementing rules and regulations of the Anti- Philippines most data on these case have not
VAWC Act state the following duties and responsibilities undergone to official verification & collation.
In March 2016, The trans Murdered Monitoring Or the NAME AND GENDER MARKER CHANGES
TMM project listed 41 reported Cases Of transgender On November 26, 2002, petitioner Rommel Jacinto
people murdered in the Country since 2008. Dantes Silverio filed a petition for the change of his first
name and sex in his birth certificate in the Regional Trial
JENNIFER LAUDE “JEFFREY” Court of Manila, Branch 8. The petition, docketed as SP
Born on November 4, 1987, Died on October 11, Case No. 02-105207, impleaded the civil registrar of
2014 (26 Years old) Manila as respondent
She was engaged to a German national named In this case, the Supreme Court ruled that there was no
Marc Sueselbeck. mistake to be corrected as the birth record is not
Killed By U.S. dispute, as the sex of the person was determined by the
Marine Lance Cpl. Joseph Scott Pemberton birth attendant at the time of birth. It elaborated that
sex as term does not contemplate inclusion of persons
VIOLENCE AND DISCRIMINATION AGAINST LGBTQ+
who have undergone “sex reassignment”. Likewise, it
YOUTH IN EDUCATION
argued that allowing her to change her name and
A. ANTI-BULLYING ACT OF 2013 (REPUBLIC ACT 10627) gender maker will alter established laws on marriage
- INCLUDES GENDER-BASED BULLYING AS A PROHIBITED and family relations.
AND PUNISHABLE ACT.
On December 11, 2003,respondent Jennifer
B. CHILD PROTECTION POLICY 2012 -THIS POLICY
Cagandahan filed a Petition for Correction of Entries in
INCLUDES THE PROTECTION OF STUDENTS FROM ANY
Birth Certificate2 before the RTC, Branch 33 of Siniloan,
FORM OF VIOLENCE REGARDLESS OF THEIR SEXUAL
Laguna.
ORIENTATION OR GENDER IDENTITY.
WHEREFORE, premises considered, the Civil Register of
C. SPECIAL PROTECTION OF CHILDREN AGAINST CHILD
Pakil, Laguna is hereby ordered to make the following
ABUSE, EXPLOITATION, AND DISCRIMINATION ACT OF
corrections in the birth
1992 (ANTI-CHILD ABUSE ACT OR REPUBLIC ACT 7610)
[c]ertificate of Jennifer Cagandahan upon payment of
-PARENTS OF CHILDREN WHO SUFFER ABUSE AT THE
the prescribed fees:
HANDS OF TEACHERS OR MEMBERS OF THE SCHOOL'S
a) By changing the name from Jennifer Cagandahan to
ADMINISTRATION VIOLATES RA 7610 OR THE ANTI-
JEFF CAGANDAHAN; and
CHILD ABUSE ACT.
b) By changing the gender from female to MALE.
VIOLENCE AND DISCRIMINATION AGAINST LGBTQ+ IN IT IS LIKEWISE ORDERED THAT PETITIONER’S
THE WORKPLACE SCHOOL RECORDS, VOTER’S REGISTRY, BAPTISMAL
A. THE LABOR CODE OF THE PHILIPPINES (PD 442) CERTIFICATE, AND OTHER PERTINENT RECORDS ARE
-the national law covering employment for the private HEREBY AMENDED TO CONFORM WITH THE
sector in the Philippines. With the exception of FOREGOING CORRECTED DATA.
prohibitions against discrimination of women, it does
DEFINITION OF TERMS
not contain any provision that prohibits discrimination
on the basis of gender identity particularly on the
members of the LGBTQ+. Nonetheless, while the law is
quiet on gender identity and expression, it is clear in its INTRODUCTION
Declaration of Policy (Article 3) that the “State shall 1. SOGIE- AN ACRONYM FOR SEXUAL ORIENTATION,
afford protection to labor, promote full employment GENDER IDENTITY, AND EXPRESSION. THIS IS AN ASPECT
ensure equal work opportunities.” OF THE GENDER OF PERSON WHICH MUST BE
B. CSC NO. 01-0940 THE CIVIL SERVICE COMMISSION'S CONSIDERED AND GIVEN ATTENTION.
POLICY ON ANTI-SEXUAL HARASSMENT 2. ANTI-DISCRIMINATORY BILL- PROPOSED LEGISLATION
-The Civil Service Commission Administrative BEFORE THE PHILIPPINE CONGRESS INTENDED TO
Disciplinary Rules on Sexual Harassment Cases includes PREVENT VARIOUS ECONOMIC AND PUBLIC
other less grave, punishable offences. These include ACCOMMODATION- RELATED ACTS OF
prohibiting “derogatory and degrading remarks or DISCRIMINATION AGAINST PEOPLE BASED ON THEIR
innuendoes directed toward the members of one's sex SOGIE.
or one's sexual orientation or used to describe a
person.” UNIVERSAL POLICY
Articles 2(1), 3, and 26 of the convention provide for the
respect, equality, and non-discrimination of all
individuals on the ground of inter alia, race, and sex. SOCIAL INSTITUTIONS.
In the landmark decision of Toonen v Australia in 1994, BEING YOUNG AND NOT CONFORMING TO THE
it is found not only that the reference to “sex” in Article GENDER ROLES ASSIGNED TO ONE'S SEX INCREASES THE
2(1) and 26 must be taken to include sexual orientation, RISK OF DISCCRIMINATION AND ABUSE FOR LGBT
but also that the law which criminalizes consensual PERSONS. THE VICTIMIZATION IS AGGRAVATED BY THE
homosexual acts expressly violate the privacy of the ABSENCE OF SUPPORT MECHANISMS AND SCHOOL
law. SUPPLIES ADDRESSING THIS CONCERN, AS WELL AS THE
FAILURE OF SCHOOLS TO SAFEGUARD STUDENTS FROM
NATIONAL AND LOCAL POLICIES BEING ABUSED BY OTHER STUDETNS, STAFF,
Presently, the Anti-Discriminatory Bill is still pending ADMINISTRATORS, ANG TEACHERS.
before Congress. This bill is expected to be signed into
law before the end of the Duterte Administration. Prior HOMOPHOBIA - dislike of or prejudice against gay
to these bills, several LGUs have enacted ordinances people
and resolutions to address these issues. LGBT Youth are often targeted by parents who,
GERALDINE ROMAN upon discovering their child's sexual orientation and/or
“Our fight for equality never stops,” says Bataan 1st gender identity.
District Representative Geraldine Roman, the first
transgender lawmaker in the Philippines. DISCRIMINATION BY THE CATHOLIC
SEN. RIZA HONTIVEROS THE CATHOLIC BISHOPS CONFERENCE OF THE
It took over a year before it “received enough PHILIPPINES (CBCP) AND EPISCOPAL COMMISION ON
signatures to report it out on the floor.”- Hontiveros. FAMILY AND LIFE (ECFL) HAS BEEN FERVENTLY
TITO SOTTO DEMANDING CONGRESS FOR THE REMOVAL OF "SEX,
“Anti-discrimination on persons, p’wede. Pero focused GENDER, SEXUAL ORIENTATION AND GENDER
on gays, which the SOGIE bill is, and religious and IDENTITY" IN THE COMPREHENSIVE ANTI-
academic freedom impeded plus smuggling of same-sex DISCRIMINATION ORDINANCES FILED IN THE SENATE
marriage? No chance!”-Tito Sotto. AND IN THE HOUSE OF REPRESENTATIVES, CLAIMING
QUEZON CITY/ALBAY/BACOLOD/ANGELES CITY THAT ITS INCLUSION WILL ONLY "CREATE PROBLEMS
In Quezon City, anti-discrimination in employment was REGARDING ETHICS, MARRIAGE, THE FAMILY AND
enacted in 2004 and LGBT-friendly provisions are RELIGIOUS FREEDOM" AND REASONS THAT "THE
supplemented in the Quezon City Gender and DIFFERENCE IN SEX OR GENDER DOES NOT BELONG TO
Development Ordinance. Albay Province and Bacolod THE SAME LEVEL AS THE DIFFERENCE IN RACE, COLOR,
City passed an anti-discrimination ordinance. Angeles RELIGION, OR ETHNICITY"
City not only passed anti-discrimination legislation but Antagonists of the anti- disccrimination bill
created a Gay Rights Desk as well. claim that the passage of an anti-disdcrimination
legislation will open the door for the same-sex
REPRESENTATIVE RAYMOND PALATINO OF THE marriages.
KABATAAN PARTY-LIST FILED HOUSE RESOLUTION
NO.1333, WHICH SEEKS TO INVESTIGATE PREJUDICIAL, PARTICIPATION OF THE MEMBERS OF LGBTQ+ IN
DISCRIMINATORY, AND UNJUST PRACTICES AND PUBLIC LIFE
POLICIES AGAINST LGBTQIA+ STUDENTS IMPLEMENTED ARTICLE 25 OF THE CONVENTION
AND TOLERATED IN SCHOOLS, PARTNERING WITH THE “TO PROVIDE FOR THE RIGHT OF EACH CITIZEN TO
DEPED AND OTHER GOVERNMENT AGENCIES. PARTICIPATE IN PUBLIC AFFAIRS, TO VOTE, AND TO
IN MAY OF 2012, THE DEPARTMENT OF HAVE EQUAL ACCESS TO PUBLIC SERVICE IN THE
EDUCATION ISSUED DEPED ORDER NO. 40 OR,“THE COUNTRY.”
DEPED CHILD PROTECTION POLICY” TO GUARANTEE DISCRIMINATION IN THE MILITARY
THE PROTECTION OF CHILDREN IN SCHOOLS FROM ANY ·PHILIPPINE CONSTITUTION (ARTICLE 2) - TO ADMITS
FORM OF VIOLENCE, ABUSE OR EXPLOITATION GAY, LESBIANS AND BISEXUAL PERSONS IN MILITARY
REGARDLESS OF SEXUAL ORIENTATION AND GENDER AND POLICE SERVICES.
IDENTITY. ·THERE IS ALSO AN ADDITIONAL CONDITIONS REQUIRED
FROM LGBT APPLICANTS AND CADETS THAT
EFFECT OF STATE DISCRIMINATION IN SOCIETY DEMONSTRATES LINGERING PREJUDICE AND NEGATIVE
THE STATES'S TREATMENT OF LGBT STEREOTYPES.
INDIVIDUALS INTENSIFIES DISCRIMINATION ON THE ·THE GENERALIZED NEGATIVE STEREOTYPING OF LGBT
BASIS OF SOGIE WITHIN PHILIPPINES SOCIETY AND PERSONSAND THE MISCONCEPTION THAT A PERSON’S
SEXUAL ORIENTATION DEFINES ONE’S GENDER the product of a gender system maintained by a
EXPRESSION. dominant, normative form of masculinity.
·THE UNIFIED OUTPUT CAN RESULT TO A CLASS
PROGRAM OR ACTIVITY ADDRESSING DISCRIMINATION RELEVANCE OF SEXUAL HARASSMENT THEORIES
CONCERN.
An interpretation of these theoretical
LESSON 21: UNDERSTANDING SEXUAL HARASSMENT perspectives reveals that both biologically, as well as
SEXUAL HARASSMENT- It is an act or a series of acts socio-culturally, men happen to have always occupied a
involving any unwelcome sexual advances, request, or dominant position over women in societies, of which
demand for a sexual favor, or other verbal or physical the workplace are only a part.
behavior of a sexual nature, committees by a Considerable data have accumulated confirming
government employee or official in a work-related, that harassment is widespread in both the public
training; or education-related environment. (Culbertson et al. 1992; Fitzgerald el al. 1997) and the
Sexual Harassment private sectors and it has significant consequences for
Harassment and Sexual Harassment are the employees health and psychological well being
recognized as a form of discrimination on the grounds (Fitzgerald 1993; Schneider et al. 1997)
of sex. Like many other crimes, sexual harassment is all Philippine Laws on Sexual Harassment Republic
about power, control, and domination. In the Act No. 7877, or the Anti-Sexual Harassment Act of
Philippines, Republic Act No. 7877 or the "Anti-Sexual 1995 (RA 71377), is the governing law for work-,
Harassment Act of 1995“. education-, or training-related sexual harassment.