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LESSON 21-28 (3rd Set)

1. The document defines sexual harassment and outlines several theories that attempt to explain it, including natural/biological, sex role spillover, organizational, socio-cultural, and feminist theories. 2. Philippine law, specifically Republic Act No. 7877 or the Anti-Sexual Harassment Act of 1995, defines sexual harassment and prohibits it in work, education, and training environments. 3. Sexual harassment in the civil service is punishable according to Civil Service Commission No. 01-0940, which defines sexual harassment and where it can take place, such as in the workplace or during work-related travel and events.

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0% found this document useful (0 votes)
54 views22 pages

LESSON 21-28 (3rd Set)

1. The document defines sexual harassment and outlines several theories that attempt to explain it, including natural/biological, sex role spillover, organizational, socio-cultural, and feminist theories. 2. Philippine law, specifically Republic Act No. 7877 or the Anti-Sexual Harassment Act of 1995, defines sexual harassment and prohibits it in work, education, and training environments. 3. Sexual harassment in the civil service is punishable according to Civil Service Commission No. 01-0940, which defines sexual harassment and where it can take place, such as in the workplace or during work-related travel and events.

Uploaded by

Jimmy Loja
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You are on page 1/ 22

MODULE 3

LESSON 21:
UNDERSTANDING SEXUAL HARASSMENT

Definition of terms:
Sexual Harassment- it is an act or a series of acts involving any unwelcome sexual advance, request,
or demand for a sexual favor, or other than verbal or physical behavior of a sexual nature, committed
by a government employee or official in a work- related, training,- or education- related environment.

Sexual Harassment
Harassment and sexual harassment are recognized as a form of discrimination on the grounds
of sex and, thus, are contrary to the principle of equal treatment between men and women (Numhuser-
Henning and Laulom 2012).
Like many other crimes, sexual harassment is all about power, control and domination.
International Labor Organization (ILO) (2001) defined sexual harassment as a sex-based behavior that
is unwelcome and offensive to the recipient. Thus, sexual harassment is not merely a problem of safety
and health and unacceptable working conditions, but is also a form of violence primarily against women
(ILO 1992).
In the Philippines, Republic Act No.7877 or the “Anti-Sexual Harassment Act of 1995” defines
work- education -,or training –related sexual harassment is committed by an employer, employee,
manager, supervisor, agent of the employer, teacher, instructor, professor, coach, another in a work or
training or education environment , demands, request, or otherwise requires any sexual favor from the
other, regardless of whether the demand, request, or requirement for submission is accepted by the object
of said Act.

THEORETICAL PERSPECTIVES OF SEXUAL HARASSMENT


Sexual harassment cannot be understood from the perspective of a single theory, but it is always
a combination of different predictors. Previous researchers have looked at sexual harassment using a
number of frameworks including organizational approach, feminist, theory, role theory, and attributional
models of sexual harassment. However, all these models share common basic assumptions and can be
labelled as socio-cultural models of sexual harassment (Sheet and Braver 1999).
However, there have been five widely accepted theories of sexual harassment that attempt to
explain the phenomenon from different angles and perspective, to wit:
1. Natural /Biological Theory
According to this model, men have stronger sex derives, and are therefore, biologically
motivate to engage in sexual pursuit of woman. Thus, the harassing behavior is not meant to
be offensive or discriminatory, but is merely the result of biological urges. Its assumptions
include natural and mutual attraction between men and women, a stronger male sex drive, and
men in the role of sexual initiators. A key strength of the natural/biological perspective is that
it acknowledges the innate human instincts potentially driving sexually aggressive behavior
(Tangri et al.1982).

1
2. Sex Role Spillover Theory
This theory is based on 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.
When women take jobs outside of these traditional areas to work in the male dominated
workplace, men rely on these gender-based expectation when interacting with women
therefore, perceiving women on their gender role over and above their work role. Therefore,
men are more likely to make sexual remarks or engage in sexualized behavior, thus accounting
for the fact that women experience more sexual harassment than men (Barbara Gutek 1982).
3. Organizational Theory
Proponents of this theory propose that one of the central concepts that helps to explain
sexual harassment is power (Cleveland and Kurst 1993). This theory proposes that sexual
harassment results from the opportunities presented by power and authority relations which
derive from hierarchical structures of organizations (Gruber 1992).
This perspective emphasizes that the structure of organizational hierarchy invests power
in certain individuals over others that can lead to abuse. Thus, sexual harassment is all about
expression of male power over women that sustain patriarchal relations.
4. Socio-cultural Theory
Socio-cultural theories examine the wider social and political context in which sexual
harassment is created and occurs. According to this perspective, sexual harassment ias a logical
consequence of the gender inequality and sexism that already exists in society (Gutek
1985;Thomas and Kitzinger 1997).

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.

Herein, sexual harassment is only one manifestation of a much larger patriarchal system in
which men are the dominant group reflecting the larger society’s differential distribution of
power and status between the sexes. The perpetrators of sexual harassment have no regard for
women as an equal human being. Therefore, molesting women is a part and parcel of male idea
of fun in the society.
5. Feminist Theory
According to the feminist perspective, sexual harassment is linked to the sexist male
ideology of male dominance and male superiority in the society. Therefore, feminists ‘theories
view sexual harassment as the product of a gender system maintained by a dominant, normative
form of masculinity. Thus, 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 (Guetk1985).

Relevance of Sexual Harassment Theories

An interpretation of these theoretical perspectives reveals that both biologically, as


well as socio-culturally, men happen to have always occupied a dominant position over women
in societies, of which the work places are only a part.
Considerable data have been accumulated confirming that harassment is widespread in both
the public (Culbertson et al.1992: Fitzgerald el al.1997) and the private sectors and it has

2
significant consequences for the employees’ health and psychological well-being (Fitzgerald
1993;Scheider et al.1997).

Therefore, the vulnerability of women as a weaker sex has traveled towards workplaces
and academe, where it is considered natural and normal for men to be responding sexually
towards women as colleagues, subordinates, and superior.

Philippine Laws on Sexual Harassment

Republic Act No.7877, or the Anti-Sexual Act of 1993 RA 7877, is the governing law
for work,-education -,or training-related sexual harassment.
Specifically, in ta 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.
On the other hand, in an education or training environment, sexual harassment is committed:

1. Against one who is under care, custody, or supervision of the offender;


2. Against one whose education, training, apprenticeship, or tutorship is entrusted to the
offender;
3. 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
4. When the sexual advances result in an intimidating, hostile, or offensive environment
for the student, trainee, or apprentice.

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.
Here, sexual harassment can be committed at the following places:
1. In the premise of the workplace or office or of the school or training institution;
2. I n 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, for a, symposia, or training sessions; or

3
6. By telephone, cellular phone, fax machine, or electronic mail.
The following forms of sexual harassment are committed
thru:(1)Physical,(a)Malicious touching;(b)Overt Sexual advances;(c)Gestures with lewd
insinuation;(2)Verbal, such as but not limited to,(a) request or demands for sexual favors
and (b)lurid remarks;(3)Use of objects, pictures or graphics, letters or written notes with
sexual underpinnings;(4)Other forms analogous to the foregoing.

4
Lesson 22:
WOMEN’S ISSUES IN DEVELOPMENT

Development- the process in which someone or something grows or changes and becomes more
advanced.
Women in Development- approach of development projects that emerged in the 1960s, calling for
treatment of women’s issues in development projects.
Women and Development- approach comes from the perspective that equality will be essential to
improving women’s positions, but still frames change in terms of providing women access to the
productive sector.
Gender and Development- was developed in the 1980s, stepped away from both WID and WAD and
was founded in socialist-0feminist ideology (Rathgeber 1990, 493). The GAD approach holds that the
oppression of women stems largely from a neoliberal focus on improving women’s reproductive and
productive capacities.

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.
The Women in Development (WID) approached this issue-the exclusion of women from
development program hand approaches. 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.
The WID approach, although it had limitations, increased the visibility of woman in
development issues. WID was successful in helping secure a prominent place for women’s issues at the
United Nations (UN) and other international \development agencies. The UN declared that the decade
of 1975 to 1985 to be the decade for women. One of the major achievements of the decade was the
establishment of women in development structures or machineries.
In Zambia, for instance, it was during this time that the Women’s League of the then ruling
political party, United National Independence Party (UNIP), was formed as the national machinery t
address women’s development issues.
Women and Development (WAD)
As a result of criticisms of the WID approach, the women and Development (WAD) approach
arose in the latter part of the 1970s. Adopting a Marxist feminist approach, the main argument of WAD
was that women had always been part of the development processes. WAD asserts that women have
always been important economic actors.
5
The work they do both inside and outside the household is critical to the maintenance of society.
However, this integration has only served to sustain global inequalities. 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 women and development process rather than
purely on strategies to integrate women into development.
WAD saw both women and men as not benefiting from the global economic structures because
of disadvantages due to class and the way wealth is distributed. WAD argued that the integration of
women into development was to their disadvantage and only made their inequality worse. WAD saw
global inequalities as the main problem facing poor countries and the citizens of those countries.
On the other hand, WAD has been criticized for assuming that the position of women will
improve if and when international structures become more equitable. It sees women’s positions as
primarily within the structure of international and class inequalities.
WAD even underplays the role of patriarchy in undermining women’s development and does
not adequately address the question of social relations between men and women and their impact on
development.

Gender and Development


In the 1980s, further reflections on the development experiences of women gave rise to Gender
and Development (GAD). It brought together both the lessons learned from, and the limitations of, the
WID and WAD approaches.
GAD looks at the impact of development on both women and men. It seeks to ensure that both
women and men participate in the benefit equally from development and so, emphasizes equally of
benefit and control. It recognizes that women may be involved in development, but not necessarily
benefit from it.
GAD is not concerned with women exclusively, but with the way in which gender relation allot
specific roles, responsibilities, and expectations between men and women, often to the detriment of
women.
This approached also plays particular attention to the oppression of women in the family or the
‘private sphere’ of women’s lives. As a result, we have seen projects develop addressing issues such as
VAW. 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.
GAD goes further than the other approaches in emphasizing both the reproductive and
productive role of women and argues that it is the state’s responsibility to support the social reproduction
role mostly played by women of caring and nurturing of children. As such, it treats development as a
complex process that is influenced by political, social, and economic factors rather than as a state of
development.

Practical approaches to the Development of Women


The Welfare Approaches
Until the early 1970s, development programs addressed the needs of women almost entirely
within the context of their reproductive roles. The focus was on mother and child heath, child care,
6
and nutrition. Population control- or family planning as it later came to be known-was a major focus as
well due to the link made between population growth and poverty. The focus was clearly on meeting
practical needs.
The assumptions that women’s position would improve together with general improvements
in the economy, or with the economic positions of their husbands, began to be challenged as it became
clear women were in fact losing out.
Women, as a result, were being increasingly associated with backwardness and the tradition
while men were increasingly identified with modern and progressiveness.

The Equity Approach


Feminist calls for gender equality were important in bringing about this approach, the main
aim of which was to eliminate discrimination. It emphasized the re-valuing of women’s contribution
and share of benefits from development. The equity approach also dealt with both the productive and
reproductive roles as a responsibility of government.
The equity approach, in contrast to the welfare approach, saw women as active participant
organizing to bring about necessary changes.

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. A key operational strategy
required access to income generation and waged employment. The tendency with this approach was to
reinforce the basic needs and ignore the strategic needs of women.

The Efficiency Approach


The efficiency approach aims to have increased production and economic growth with an
emphasis on full use of human resources. Advocates of this approach argue that gender analysis makes
good economic sense. This is because understanding men’s and women’s roles and responsibilities as
part of the planning of development activities helps improve effectiveness and ensures that women, as
well as men, can play their part in national development.
The efficiency approach succeeded in bringing the concerns about women and gender into the
mainstream of development. However, this was done with a focus on what women could do for
development, rather than on what development could do for women.
The Empowerment Approach
The aim of the empowerment approach is to increase the self-reliance of women and to
influence change at the policy, legislative, societal, economic, and other levels to their advantage. Its
main strategy is awareness-raising and situates women firmly as active participants in ensuring
change takes place.
The empowerment approach has been instrumental in ensuring that opportunities are opened
for women to determined their own needs. However, empowerment has often been misunderstood to be
an end rather than a means. This has resulted in poor women becoming very knowledgeable about issues
while realizing little change to their material situation, which is often dire.

7
Lesson 23:
GENDER INEQUALITY IN MARRIAGE AND CRIMINAL LAWS

Marriage- a special contract of permanent union between a man and a women entered into in accordance
with law establishment of conjugal a family life. It is a foundation of a family and an inviolable
social institution.
Marriage laws in the Philippines are only based on sex and not on gender. In the 1987
Philippine Constitution, marriage is stated as “an inviolable social institution, is the foundation of the
family and shall be protected by the State”. (Art. XV, Section 2, 1987 Constitution).
Under the Family Code, marriage is defined as “especial contract of permanent union between
a man and a women entered into in accordance with the law for the establishment of conjugal and
family life (Article I, The Family Code of the Philippines).
The fact the specific law provides marriage only for a man and a woman, causes exclusion of
homosexual relationship as it only accommodates heterosexual ones. This deprives members of the
LGBTQ+ of this Constitutionally- enshrined right, afforded supposedly every Filipino. Flawing from
that definition, succeeding provisions of marital laws in the Philippines are anchored on the above
inequality.
Apart from marital laws, various personal laws present these picture of inequality in its
provisions. The crime of adultery present harsher requisites than the crime of concubinage (Articles 333
and 334 of the Revised Penal Code). Vagrant and prostitutes pertain only to women (Article 202 of the
Revised Penal Code). Gender equality issues on night work prohibition (Article 130 of the Labor
Codes), disputable presumption (Rule 131, Section 3 jj of the Rules of Court) and removal of criminal
liability for rapists under RA 8353 should also be visited.
Incorporating gender inequality in various laws are vital to be addressed as otherwise, this ill
concept will further be proliferated.

The Primacy of the Decision the Husband/Father


Under the Article 14 of the Family Code of the Philippines, it is provided that: “Art. 14. In case
either or both of the contracting parties, not having been emancipated by a previous marriage, are
between the ages of eighteen and twenty-one, they shall, in addition to the requirements of the preceding
articles, exhibit to the local civil registrar, the consent to their marriage to their father, mother,
surviving parent or guardian, or persons having legal charge of them, in the ordered mentioned.
such consent shall be manifested in writing by the interested party, who personally appears before the
proper local civil registrar, or in the form of an affidavit made in the presence of two witnesses and a
tested before any official authorized by law to administer oaths. The personal manifestation shall be
recorded in both applications for marriage license, and the affidavit, if one is executed instead, shall be
attached to said applications.” (emphasis supplied)
On the administration and enjoyment of the community property or conjugal
partnership, Articles 96 and 124 of the Family Code provide that:

8
“Art. 96. The administration an enjoyment of the community property shall belong to both
spouses jointly. In case of disagreement, the husband’s decision shall prevail, subject to recourse to
the court by the wife for proper remedy, which must be availed of within five years from the date of the
contract implementing such decision xxx”
“Art. 124. The administration and enjoyment of the conjugal partnership shall belong to both
spouses legal jointly. In case of disagreement, the husband’s decision shall prevail, subject to
recourse to the court by the wife for proper remedy, which must be availed of within five years from the
date of the contract implementing such decision xxx”
On the exercise of parental authority over the person and legal guardianship over the property
of common children, Articles 211 and 225 of the Family Code states that:
“Art,211. The father and the mother shall jointly exercise parental authority over the persons
of their common children. Incase of disagreement, the father’s decision shall prevail, unless there
is a judicial order to the contrary x x x” (emphasis supplied)
Art. 225, the Father and the mother shall jointly exercise legal guardianship over the property
of the un-emancipated common child without the necessity of a court appointment. Incase of
disagreement, the father’s decision shall prevail, unless there is a judicial order to the contrary x
x x” (emphasis supplied)

HIGHER BURDEN ON WOMEN/WIVES THAN MEN/HUSBANDS


The crimes of adultery and concubinage include the concept of marital infidelity. Adultery
involves a wife who engages into sexual intercourse with the man not her husband. On the other hand,
concubinage involves a husband who has : (1) sexual intercourse a women not his wife under scandalous
circumstances ;(2) kept another women in the conjugal home; or (3) cohabiting with another women in
another dwelling.
Here, for the crime of adultery to be proven to mere the sexual intercourse to the man not her
husband- will suffice. In contras, for the crime of adultery- the sexual intercourse must be committed
under scandalous circumstances- not a mere sexual intercourse.
The wife in an adultery case in curse a higher penalty than that for the erring husband in
concubinage. A penalty of imprisonment is also imposable on paramour in adultery, but only the penalty
of destierro or banishment falls on the concubinage.

(FORGIVENESS CLAUSE INTO CRIME OF RAPE (RA 8353 OR THE ANTI RAPE
LAW)
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 extinguished the criminal action or the penalty imposed.”
This gives an easy-way out for the offender, which in effect, does not bar him from
committing the crime.

9
Further, it also recognizes that “if the offender is the legal husband x x x the subsequent
forgiveness by the wife who is the offended party x x x shall extinguish the criminal action or the
penalty.”
This perpetuates violence under the shroud of marriage which can perpetuate these kinds of abuses for
a long period of time.

EXCLUSIVE DEFINITION OF PROSTITUTION


Article 202 of the revised Penal Code, amended by Republic Act No. 10158, retained the
decades-old definition of prostitutes as “women who, for money or profit, habitually engage in sexual
intercourse or lascivious conduct x x x”.
Following this definition, a ,man who peddles sexual acts for profit, is in effect, invisible in the
eyes of law, thus, the actor thereof immune to imprisonment.

10
Lesson 24
CRITIQUE ON THE RESPONSIBLE PARENTHOOD AND
REPRODUCTIVE HEALTH ACT OF 2012, REPUBLIC ACT NO. 10354 also
known as RH LAW

Lesson Objectives:
The module discusses background, rationale, salient provisions, and potential impacts of the
“Responsible Parenthood and Reproductive Health Act of 2012” or RA 10354, also known as RH Law.
This module also discusses the pros and cons of the said law. At the end of this module, you should be
able to:
1. Understand fully the background, rationale, salient provisions, and potential impacts
of the “Responsible Parenthood and Reproductive Health Act of 2012” or RA 10354;
and
2. Have a stand/position on whether he/she agrees/disagrees on the existence and legality
of the said law.

INTRODUCTION
As you will notice, it is quite common for your grandparents have seven (7) or eight (8)
siblings. Some even have more. This is not the commonplace nowadays, as most couples settle for two
(2) or three (3) kids, that is why most of you have few siblings unlike previous times.

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.
Apparently, the failure of the market of RH goods and services to reach marginalize women
compelled he Philippine Government to step in and initiate measures to address this occurrence.
However, RH Law was depicted by paintings of promoting abortion and abortifacient products
– thus, sinful and frowned upon by the Catholic Church.

Elements of RH Law
The elements of 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 complication;
(4) adolescent and youth reproductive health guidance and counseling;
(5) prevention and management of reproductive tract infections (RTIs), HIV/AIDS, and STIs;
(6) elimination of VAWC and other forms of sexual and GBV;
11
(7) education and counseling on sexually 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 adolescents; and
(12) mental health aspect of reproductive health care,

Salient provisions
Midwives for skilled birth attendance: The law mandates every city and municipality to
employ an adequate number of midwives and other skilled attendants.
Emergency obstetric care: Each province and city shall ensure the establishment and
operation of hospitals with adequate facilities and qualified personnel that provide emergency obstetric
care.
Hospital-based family planning: The law requires family planning service like ligation,
vasectomy, and intrauterine device (IUD) placement to be available in all government hospitals.
Contraceptives as essential medicines: Reproductive health products can be considered
essential medicines and supplies and shall form part of National Drug Formulary.
Reproductive health education: RH education shall be taught by adequately trained teachers
in an age-appropriate manner.
Employers’ responsibilities: Employers shall respect the reproductive health rights of all their
workers. Women shall not be discriminated against in the manner of hiring, regularization of
employment status, or selection for retrenchment. Employers shall provide free reproductive health
services and education to workers.
Capability building of community-based volunteer workers: Community-based workers
shall undergo additional and updated training on the delivery of reproductive health services and shall
receive not less than 10% increase in honoraria upon successful completion of training.

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
12
work: Provided that all conscientious objections of health care service provider 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.

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 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-years 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 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 producing, 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 the
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.

13
CROSSS-CUTTING ISSUES IN GENDER AND SEXUALITY

Lesson 25
GENDER AND LABOR
Lesson Objectives:
This module discusses relationship of gender, gender equality, and labor. This also covers the
policies on gender equality in the market. Further, this module tackles the status of gender equality in
the various sectors of the labor market.
At the end of this module, you should be able to:
1. Understand fully the relationship of gender, gender equality and labor;
2. Determine the status of gender equality in the various sectors of the labor market; and
3. Comprehend salient policies on gender equality in the labor market.

Definition of Terms:
 Labor – activities pertaining to developing goods and delivering services for economic
reasons.
 Workforce – a sector in the population engaged in economic and productive activities.

INTRODUCTION
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 in equality (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.
The reality is that once a child is born, she/he does not know how to do any work.
As children grow up, they learn to do various work, but society encourages them do certain
specific work, e.g. girls are asked to help in cooking and cleaning, while boys are asked repair certain
things. This distribution of labor is based on sex, and not on individual capacity or skill sets.
This affects girls and women adversely. Since girls are expected to take care of the family and
household, their education is not a priority for the family.
Both boys and girls should be given equal opportunity to learn different skill sets based on their
interest and to grow. Household chores are not only women’s responsibility, it is also household’s
responsibility, and all family members should contribute to it.

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EMPLOYMENT SECTORS
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 the household. Their lack of land also affects their ability to gain access to credit facilities.
Women are also hindered in their access to extension services; skills development, including
training in management and marketing skills; and improved farming equipment. They require special
assistance to achieve equal access, and this can be achieved through gender-specific action plans that
target the needs of women farmers and gender mainstreaming that is monitored for effectiveness to
ensure the women share appropriately in the sector’s growth.
Industry and manufacturing
The number of women working in economic zones is estimated to represent 64% of total
employment and may be much higher in some industries, such as electronic and apparel (World Bank
2011a). Women’s share of the labor force as a whole, and the conditions of employment are concern.
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.
Tourism
It appears that tourism planning has had insufficient regard for gender issues. Within the
tourism industry, relatively few women have the educational qualification or foreign language skills to
compete for front-of-house positions in the hotel industry, as tour guides, or travel agencies, and women
are more likely to be employed as housekeepers, waitresses, or similar low-level positions.
Targeted educational programs could provide women with the necessary qualifications to
climb the job ladder, which could progressively help to rectify the imbalance between work
opportunities for men and women and eliminate gender gaps in tourism employment.
Business Processing Outsourcing
The Philippines’ Information Technology-Business Process Outsourcing Road Map 2011-
2016 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.
These matters, as well as they pay differentials between men and women and employment
conditions, require specific government attention.
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 stereotype care sector government occupations such as health and education, they
are under-represented in the higher paying subsectors.
The Philippines has strong gender mainstreaming programs, which has given women greater
access to government employment generally, but women in the civil sector may still be underpaid, given
their levels of education, experience, and ability.
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Entrepreneurship
The has been a rapid surge in the number and promotion of female entrepreneurs in developing
countries (Minniti and Naude 2010, 280). Studies indicate that female-led MSMEs increase employment
opportunities for women and contribute to wider development goals (ADB and ILO 2013a). one survey
indicated that women entrepreneurs are more likely than men to be motivated by necessity; these are
livelihood-oriented entrepreneurs attempting to escape unemployment (Viet Nam Women
Entrepreneurs council 2007).

Salient Policies on Gender equality in the Labor Market


The Philippines has ratified 34 ILO and is party to all of the fundamental United Nations human
rights covenants and conventions. The country’s 1987 Constitution has enshrined these rights Section
3, article XIII (Bill of Rights), and in Section 14, Article II, which ensures fundamentals equality of
women and men before the law.
Article 3, Chapter 1 of the Labor Code, as well as republic Acts 6725, 7192, 7877, and 8551,
all provide for fundamental human rights protection, including antidiscrimination provisions, and they
ensure fundamental equity, prohibition of sexual harassment, and temporary special measures. The
Philippines’ Anti-sexual Harassment Act No. 7877 of 8 February 1995 is an example of good legislative
practice.
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.
Although the Magna Carta of Women Provides a good legislative framework, implementation issues
remain. Filipino women often do not know about their rights, and the complaints system is confusing
even if they do.
In 2012, the Philippines became the first country in Asia to ratify the ILO Domestic Workers
Convention, 2011 (No. 189). 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.

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LESSON 26
GENDER AND MEDIA

Lesson Objectives:

At the end of the lessons you should be able to :


1. Discuss the importance of media representation; and
2. Appreciate the progress in media representation of gender.

INTRODUCTION

According to the Philippine Statistic Authority, 81% of Filipinos watch the television, and its 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.
We become passive consumers of what TV has to offer: information, shock, humor, and etc.
Therefore, the media influences our perception on different topics. It is important for us to look deeply
into what it presents or fails to represent of our everyday realities.

Media representation
Media representation is how the media presents or frames “aspects of society, such as gender,
age, or ethnicity” (BBC 2019). The people behind the production of the content have their own ideology,
ideas, and beliefs, and that greatly contribute to what we see in the media. Media productions, editors,
directors, writers, and a networks values reflect through its content.
Since TV uses one way mode of communication wherein feedback is rarely received or
encouraged, more often we are left on our own to process the ideas and opinion directed towards us, the
viewers. We passively laugh at stereotypes, not giving it a second thought.

Media Stereotype
Media stereotype “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.
The LGBT community are highly misrepresented in the Philippine media. There are many
stereotypes of the LGBT in the media and most are not flattering. Often they are used as a comic relief
in their portrayal of the loud and boisterous “bakla”, the straight male who acts like a “bakla” with
exaggerated gestures, the sex-deprived muscular male homosexual, or the awkward “tomboy” who
eventually becomes a feminine woman after meeting the man of her dreams.
There are very few LGBT main characters in the international television and even very
scarce in the Philippine Television. They are often relegated as sidekicks, victims, or villains. Although

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there are a few LGBT celebrities in the Philippines who are out and proud of their sexual orientation
such as Boy Abunda, Vice Ganda, Aiza Seguerra, and Jake Zyrus, their sexuality is rarely the focus of
the programs they are in. In fact, references on LGBT topics in children shows cause controversy so
they are omitted in the broadcast. Such is the case of Glee, a popular American TV show that featured
teenagers who are gay and lesbian. The gay kiss was omitted in the Philippine broadcast, although it
was seen as a milestone in the international media.
News outfits followed popular ideologies of portraying homosexuality as a sickness. The AIDS
pandemic in the 70’s also added to the negative stereotyping of the gay male as a sexual deviant.
However, due to the pressure coming from the Gay and Lesbian Liberation Movement in the 1970s, the
international media was forced to recognized and set media standards for LGBT News coverage.
In the Philippines, there is a lack of awareness on SOGIE among media practitioners as they
are often left confused on the LGBT terms and labels. Most news from the LGBT community are often
on coming out stories of celebrities (Aiza Siguerra, Jake Zyrus (Charice Pempengco), and Rosana
Roses), Pride March events, hate crimes, and controversies.
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.

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LESSON 27
GENDER AND ACTIVISM

Lesson Objectives:

At the end of the lesson, you should be able to:


1. Discuss heteronormativity and its manifestations; and
2. Appreciate the contribution of activism in social change.

INTRODUCTION

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”. Put more simply, it is when we assume that everyone
is heterosexual or straight and that it is the standard for everyone.
With a heteronormative point of view, straight people are placed at a privileged group by
viewing them as the standard or normal. Anyone who does not adhere to that standard are viewed as
lesser, like women who love women (lesbian), men who love men (gays), people who love men or
women (bisexuals), people who feel that they do not belong to their biological sex (transgender), and
other people who reject the notion of gender binaries (male/female, masculine/feminine).
Heteronormativity has been so ingrained in our social and political institutions that it has
almost become invisible. Most people unknowingly subscribe to heteronormative standards just because
that is the way it has always been for them.
This normalization limits a person’s choices and freedoms. For the LGBT, it means they are
marginalized, treated as inferior, discriminated on, branded as abnormal, and are treated as second class
citizens. This leads to homophobia, transphobia, biphobia, prejudice, discrimination, violence, and other
hostile acts towards the LGBT people.

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, Muslim, and other religions who believe in
one god; the god of Abraham).

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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). This 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 of
silence on the daily heteronormative violence that are committed and condoned by society is the first
step towards social change. We can start by refusing to participate in heteronormative violence towards
the LGBT and participating in various events for the LGBT Community.
 May 17- International Day against Homophobia and Transphobia- IDAHOT
 May 31- International Transgender Day of Visibility
 November 20- Transgender day of Remembrance
 June- June Pride Month

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LESSON 28
GENDER AND OTHER CROSS-CUTTING ISSUES
(EDUCATION, GENERAL HEALTH, MENTAL HEALTH)

Lesson Objectives :

This module discusses the internationality between gender and other cross-cutting concerns such
as access to education and health services.
At the end of the lesson, you should be able to:
1. Discuss how and why gender lens is necessary in understanding other social issues and
2. Show appreciate of the intersectionality between gender, education, and health ( especially
mental health).

INTRODUCTION

In earlier discussions, it has been noted that laws provide for equity among people of all genders.
In principle, humans regardless of genders have basic human rights emerging from their intrinsic human
dignity.
Practically, these rights translated into programs, projects, and services that are made accessible to
us, for the purpose of satisfying our basic needs and for achieving our highest potentials.
Regardless of gender, we have seen that people are capable of making something- of creating, of
making responsible choices, of developing. This capability is promoted by resources we have access to.
The State has a role in making sure that we people receive the services we need and deserve.
Two of the primary needs of individuals are: (a) access to education, and (b) access to health
services.

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. However, interesting trends can be observed from the 2013 Functional Literacy, Education, and
Mass Media Survey (FLEMSS). This study showed that there are more males (4-6 in a 1000) children
aged 6 to 14 who are able to attend school compared to females (2-4 in a 1000). However, for people
aged 15 to 24, there are actually more females (24 in a 1000) who are able to go to school compared to
males (11.2 in a 1000) (Philippines Statistics Authority 2015). This may 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

Another basic social service we all needs is health service. Health, according to World Health
Organization, does not only mean absence of diseases but a state of well-being. The Department of
Health of the Philippines follows a cluster approach in health, wherein there are more primary clusters

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(a) public health, (b) water sanitation and hygiene, (c) nutrition, and (d) mental health and psychosocial
support.

GENDER AND MENTAL HEALTH

One of the most prevalent issues facing adolescents nowadays is mental health. The changing
environment also brings forth stressors that are not existing before. People are challenged to pay
attention not only to their physical health, but also to their psychological wellness.
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/psychological in nature. Some of these issues are
as follows:
 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.

Hence, there is also a need to establish systems so people would have access to services that
address these issues. In schools, for instance, there are counselors (trained professionals who has a
master’s degree in counseling and have seated and passed a licensure in counseling) who deal with
students’ mental health concerns. In some other schools and workplaces, there are also psychologists
(trained professional who have a master’s degree in psychology and have seated and passed a licensure
in psychology), social workers (trained professionals with license in social work), and psychiatrists (a
medical doctor with specialization in psychiatry), who are able to provide additional and more
specialized help.

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