Chapter 1
Chapter 1
7. Prostitution
The family does not treat the girl child correctly. 3. Professional or Employment Inequality
The birth of a boy is still preferred over a girl. Women frequently have larger barriers to
The girl child receives just domestic labor employment and career advancement than do
training. Female infanticide is still a widespread males. Even while countries like Japan and India
social ill in modern society. may be relatively equitable in terms of basic
Types of Gender Inequality amenities and higher education, progress
toward raising levels of employment and
There are many kinds of gender inequality or occupation appears to be considerably more
gender disparity, which are as follows: difficult for women than for males. One way to
describe the example of employment disparity
1. Inequality in Family
is to suggest that men are given preference over
The non-Freudian perspective holds that gender women when looking for jobs.
roles evolve during childhood through
4. Ownership Inequality
internalization and identification. Parents
engage with their children differently depending Property ownership may be quite unequal in
on the sex of the child from birth, and through many societies. Even fundamental resources like
this interaction, parents can implant different homes and land can be distributed very
values attributes in their children based on what unequally. Women's voices may be diminished
is typical for their being sex. The types of toys by the lack of property rights, but it may also be
that parents often give their kids can be used as more difficult for them to participate in and
an illustration of how gender norms are succeed in commercial, economic, and even
internalized ("feminine" toys frequently some social endeavors. The majority of the
world has experienced this kind of inequality, Gender discrimination can take place on a
however there are some regional variances. For formal (such as promotion, performance) or
instance, in the majority of India, conventional interpersonal (such as social isolation) scale and
property rights have benefitted men. can be overt (i.e., direct) or covert (i.e.,
discrete).
5. Household Inequality
1. Overt and Covert Discrimination
Gender interactions within the family or
household that are fundamentally unfair and Overt discrimination is the unrestrained
take many different shapes. Even in situations manifestation of prejudice toward a specific
where there are no overt indications of gender group and is defined as "clearly exercised form
prejudice in hiring or promotion to senior of unfair treatment with visible structural
executive roles. The family's arrangements for outcomes." Using insulting or inflammatory
dividing the cost of childcare and housework words connected to someone's gender is an
can be highly unequal. For instance, it is rather example of overt gender discrimination in the
typical in many countries to assume that workplace.
although men will naturally work outside the
Covert discrimination is more subtle and might
home, women could do so if and only if they
be challenging to spot. It is done so as to look
could combine it with a variety of unavoidable
unnoticeable or neutral, therefore it is
and unequally distributed household tasks.
impossible to connect the prejudiced action that
Although women would never forgive males for was done with the prejudicial aim in a definitive
calling this "accumulation of labor," it is way. An example of covert gender
frequently referred to as "division of labor". The discrimination in the workplace would be hiring
impact of this disparity extends beyond the a less qualified man over a more qualified
boundaries of the family unit to include derived woman for a position simply because of their
disparities in employment and external gender. Covert discrimination is typically
recognition. The established fixity of this kind of "entrenched in common, everyday interactions,
"division" or "accumulation" of labor can also taking the shape of harassment, jokes, incivility,
have significant effects on how professionals see avoidance, and other types of disrespectful
and comprehend various forms of work. treatment."
Even when there aren't many differences in Legal safeguards are in place to protect against
fundamental amenities, like education, young formal workplace discrimination in hiring and
women may have considerably less prospects employment, which is defined as "the decision
for higher education than do young men. In fact, not to hire or promote an employee due to an
gender prejudice is present in both higher unjust cause, such as the individual's gender."
education and professional training in some of
Interpersonal discrimination, defined as "a form
the world's richest nations, including India. This
of disrespect, formal and nonverbal harassment,
kind of segregation has occasionally been
general ill- behavior, and hostility in the
justified by the seemingly unimportant notion
workplace," is "likely to occur within social
that the various provinces" of men and women
situations." An illustration of interpersonal
are simply different.
discrimination would be asking a coworker for
Types of Gender Discrimination assistance with an assignment and then making
an offensive remark about their gender because gender and development perspectives into their
they are unable to provide assistance right policies, programs, and activities. By
away. Overt and covert discrimination are incorporating gender perspectives in teaching,
related to delivery, whereas formal and research, and community engagement, the
interpersonal discrimination are related to of education sector can create a more inclusive
the prejudice. This is the difference between and equitable learning environment.
overt and covert discrimination as well as Additionally, the Philippine government ratified
formal and interpersonal discrimination. the Convention on the Elimination of All Forms
of Discrimination against Women (CEDAW) in
CHAPTER 3
1981. This international treaty obliges the
Legal Basis of and Laws Related to Gender
country to adopt measures that eliminate
and Society.
discrimination against women in various
spheres of life, emphasizing political, economic,
social, and cultural domains.
Introduction
The legal framework for gender equality in the
Gender inequality and discrimination have long Philippines also extends to the country's
been prevalent issues in society, and efforts to constitution. The 1987 Constitution recognizes
address them have resulted in the the role of women in nation-building and
establishment of legal frameworks that aim to ensures fundamental equality before the law for
promote gender equality and empower women. women and men. It serves as a guiding principle
Various international conventions, national laws, for promoting gender equality and protecting
and policy documents have played a significant women's rights, providing a foundation for
role in paving the way for legislation, policies, and programs that advance
gender justice.
Gender equality and women's empowerment
have been recognized as crucial components of Republic Act No. 7192, enacted in 1992 and
societal progress and development. In the known as the "Women in Development and
Philippines, a strong legal framework has been Nation Building Act," aims to integrate women's
established to promote gender equality, address concerns into development planning and
gender-based discrimination, and protect the implementation. This law promotes the active
rights of women. This legal framework consists participation of women in policy-making and
of laws, policies, and international decision-making processes to ensure gender-
commitments that provide the foundation for responsive development. The Magna Carta of
studying gender and society in the country. By Women (Republic Act No. 9710), enacted in
understanding and analyzing these legal 2009, is a comprehensive legislation that seeks
provisions, researchers and scholars can gain to eliminate discrimination against women and
valuable insights into the current state of promote their rights and welfare in various
gender relations, identify gaps and challenges, aspects of life. These laws and policy
and propose strategies to advance gender instruments, along with the commitments
equality and social justice. outlined in the Beijing Platform for Action
adopted in 1995, collectively reinforce the legal
One key policy instrument is the Commission on
foundation for gender justice and women's
Higher Education (CHED) Memorandum No. 1,
empowerment in the Philippines.
Series of 2015. This memorandum mandates
higher education institutions to integrate
While progress has been made, challenges perspectives into their policies, programs, and
remain in fully realizing the goals of these laws. activities. Here are some possible activities and
Continuous efforts from government agencies, programs that HEIS can implement to align with
institutions, civil society organizations, and the memorandum:
individuals are necessary to advocate for gender
a. Curriculum Integration: HEIS can review and
equality, implement gender-responsive policies,
revise their curricula to incorporate gender and
and foster a culture of respect and equal
development perspectives across various
opportunities for all. By studying and
disciplines. This can involve incorporating
understanding these legal provisions,
gender-related topics, theories, and research
researchers, advocates, and policymakers can
into existing courses or creating new courses
contribute to shaping a more inclusive,
specifically focused on gender studies or gender
equitable, and gender-just society in the
and development.
Philippines.
b. Faculty Development: HEIS can organize
Discussion
faculty development programs and workshops
The following laws and policy instruments to enhance the capacity of educators to
provide a strong legal framework for studying integrate gender perspectives in their teaching.
gender and society in the Philippines. They This can include training sessions on gender-
recognize the importance of gender equality, responsive pedagogy, providing resources and
address gender-based discrimination, and teaching materials related to gender issues, and
promote women's rights and empowerment. By facilitating discussions on gender-related topics
understanding and analyzing these legal among faculty members.
provisions, researchers and scholars can
c. Research and Publications: HEIs can
examine the current state of gender relations,
encourage and support research initiatives that
identify gaps and challenges, and propose
address gender-related issues and contribute to
strategies to advance gender equality and social
the body of knowledge on gender and society.
justice in the country.
This can involve providing research grants or
1. CHED Memo No. 1, s. 2015: This is a policy funding opportunities specifically dedicated to
issued by the Philippine government specifically gender research, organizing conferences or
aimed at higher education institutions (HEIS). It symposia on gender studies, and establishing
requires HEIS to integrate gender and platforms for publishing gender- focused
development perspectives into their policies, research articles and papers. d. Community
programs, and activities. This memorandum Engagement and Outreach: HEIs can actively
serves as a crucial legal basis for promoting engage with local communities and
gender equality and addressing gender-based organizations to address gender-based issues
discrimination within the education sector. It and promote gender equality. This can involve
emphasizes the importance of incorporating organizing awareness campaigns, workshops,
gender perspectives in teaching, research, and and training sessions on gender equality and
community engagement to create a more women's empowerment for community
inclusive and equitable learning environment. members. HEIs can also establish partnerships
with local NGOs and government agencies to
CHED Memo No. 1, s. 2015, mandates higher
collaborate on projects and initiatives.
education institutions (HEIS) in the Philippines
to integrate gender and development
e. Institutional Policies and Guidelines: HEIs education system, regardless of their gender.
can develop and implement institutional The policy aims to eradicate all forms of gender
policies and guidelines that promote gender discrimination prevalent in the school
equality and address gender- based environment.
discrimination within the university setting. This
The Gender-Responsive Basic Education Policy is
can include policies on gender-responsive
grounded in the following fundamental
admissions, recruitment, and promotion
principles:
practices, guidelines for addressing gender-
based violence or harassment, and the 1. Gender equality: All learners possess equal
establishment of gender-responsive support rights and opportunities, regardless of their
services and facilities on campus. gender.
f. Gender-Sensitive Data Collection and 2. Gender equity: Learners are provided with
Analysis: HEIS can improve their data collection equitable access to resources and opportunities,
systems to include gender- disaggregated data, eliminating any gender-based disadvantages.
allowing for better understanding and analysis
of gender issues within the institution. This can 3. Gender sensitivity: Educators and other
inform evidence-based decision-making and school personnel possess an understanding of
policy development to address gender the unique needs and experiences of learners
disparities and promote inclusivity. based on their gender, and are capable of
responding to these needs in a sensitive and
g. Collaboration and Networking: HEIS can appropriate manner.
collaborate with other institutions, both
nationally and internationally, to share best 4. Non-discrimination: Learners are shielded
practices, exchange knowledge, and collectively from discrimination based on their gender.
work towards promoting gender equality in 5. Human rights: The rights of all learners,
higher education. This can involve participating irrespective of their gender, are respected and
in conferences, joining research networks safeguarded.
focused on gender studies, and engaging in
collaborative projects with other HEIS. The Gender-Responsive Basic Education Policy
incorporates various provisions to realize these
These activities and programs can help HEIS principles. These provisions encompass:
fulfill the requirements of CHED Memo No. 1, s.
2015, by integrating gender and development 1. Development and implementation of
perspectives into their policies, programs, and gender- responsive curricula and learning
activities. They contribute to creating a more materials.
inclusive and equitable learning environment 2. Training of educators and school staff on
that prepares students to become agents of gender equality and sensitivity.
change in promoting gender equality and, social
justice. 3. Establishment of gender-responsive policies
and procedures in schools.
In conjunction with this memo, the Department
of Education (DepEd) established DepEd Order 4. Creation of a secure and supportive
No. 32, s. 2017, also known as the Gender- environment for all learners, regardless of their
Responsive Basic Education Policy, to promote gender.
respect and equality for all students in the basic
The Gender-Responsive Basic Education Policy Constitution, Art II., Sec. 14: The 1987
represents a significant stride towards ensuring Constitution of the Philippines is the supreme
that every learner in the Philippines has access law of the land. Article II, Section 14 of the
to quality basic education, regardless of their Constitution recognizes the role of women in
gender. This policy has the potential to bring nation- building and ensures the fundamental
about a substantial positive impact on the lives equality before the law of women and men. This
of learners, fostering a more just and equitable constitutional provision provides a legal basis
society. for promoting gender equality and protecting
the rights of women in the Philippines. It
Implementing the Gender-Responsive Basic
emphasizes the commitment of the state to
Education Policy can yield several benefits:
uphold the principle of gender equality and
1. Improved academic performance, serves as a foundation for legislation, policies,
particularly among girls and learners from and programs that advance women's rights and
marginalized groups. gender justice,
2. Reduced dropout rates, particularly among 4. RA 7192 and IRR (1992): Republic Act No.
girls and learners from marginalized groups. 7192, also known as the "Women in
Development and Nation Building Act," was
3. Cultivation of a safe and supportive enacted in 1992. The law aims to integrate
environment for all learners, irrespective of women's concerns in development planning and
their gender. implementation. It promotes the active
4. Promotion of gender equality and equity participation of women in policy-making and
within society. decision- making processes to ensure gender-
responsive development.
The Gender-Responsive Basic Education Policy
serves as a valuable tool to enhance the lives of The Implementing Rules and Regulations (IRR)
learners in the Philippines. Ensuring effective provide guidelines for effectively implementing
implementation of this policy is crucial to unlock the law. RA 7192 and its IRR serve as important
its full potential. legal instruments for addressing gender
disparities and promoting women's
2. CEDAW (1981): The Convention on the empowerment in the Philippines.
Elimination of All Forms of Discrimination
against Women (CEDAW) is an international 5. Beijing Platform for Action (1995): The
treaty adopted by the United Nations in 1979. Beijing Declaration and Platform for Action was
The Philippines ratified CEDAW in 1981, making adopted during the United Nations Fourth
it legally binding in the country. CEDAW is a World Conference on Women, held in Beijing in
comprehensive legal instrument that promotes 1995. Although it is not a Philippine law, the
gender equality and women's rights. It obliges Philippine government, along with other
state parties, including the Philippines, to adopt nations, committed to implementing the Beijing
measures to eliminate discrimination against Platform for Action. The platform sets strategic
women in various spheres of life, including objectives and actions for achieving gender
political, economic, social, and cultural domains. equality and women's empowerment in 12
CEDAW serves as a key legal framework for critical areas, including education, health,
addressing gender disparities and advancing violence against women, and women's human
gender equality in Philippine society. 3. 1987 rights. It serves as a guiding document for
governments, civil society, and other
stakeholders to work towards gender equality By studying and understanding these laws,
and women's empowerment in the Philippines. researchers, advocates, and policymakers can
contribute to shaping a more inclusive,
6. RA 9710 - Magna Carta for Women (2009):
equitable, and gender-just society in the
Republic Act No. 9710, known as the "Magna
Philippines.
Carta of Women," was enacted in 2009. The law
is a comprehensive piece of legislation that aims Other Laws Supporting Sexuality and Gender
to eliminate discrimination against women and
Here is a list of laws and legal bases in the
promote their rights and welfare. It covers
Philippines that support the rights of individuals
various areas, including political and civil rights,
with diverse sexual orientations and gender
economic rights, social and cultural rights, and
identities:
rights in the workplace. The Magna Carta for
Women mandates the government to undertake 1. The 1987 Constitution of the Philippines
gender-responsive measures and programs,
ensuring the active participation and equitable The Constitution guarantees equality before the
representation of women in all spheres of law and prohibits discrimination on the basis of
society. This law serves as a significant legal sex, gender, or sexual orientation. Under the
basis for promoting gender equality and constitution, it states that:
protecting women's rights in the Philippines. Equal Protection Clause: Article III, Section 1
These laws reflect the country's commitment to states that "No person shall be denied equal
promoting gender equality, protecting women's protection of the laws." This provision prohibits
rights, and addressing gender- based discrimination on the basis of any ground,
discrimination. They emphasize the importance including gender and sexual orientation.
of integrating gender perspectives into various Human Dignity and Rights: Article II, Section 1
aspects of society, including education, states that "The State recognizes the dignity of
development planning, policy-making, and the human person and his inalienable rights to
implementation. life, liberty, and property." This provision
The essence of these laws lies in their collective guarantees the fundamental rights of all
aspiration to create a society where gender individuals, including the right to privacy and
disparities are eliminated, women's rights are the right to equal protection under the law.
protected, and everyone can participate fully Separation of Powers: The Constitution
and equally, regardless of gender or sex. They establishes a system of checks and balances to
form the legal framework for challenging prevent any one branch of government from
gender-based discrimination, promoting abusing its power. This system helps to protect
inclusivity, and transforming societal norms. the rights of all individuals, including those who
While progress has been made, there are may be vulnerable to discrimination or abuse.
ongoing challenges to fully realizing the goals of 2. Anti-Discrimination Act (ADA) of 2009
these laws. It requires continuous efforts from
government agencies, institutions, civil society This law prohibits discrimination on the basis of
organizations, and individuals to advocate for sexual orientation and gender identity, as well
gender equality, implement gender-responsive as other grounds such as race, ethnicity, and
policies, and foster a culture of respect and disability. The ADA defines discrimination as any
equal opportunities for all. unfair or unjust treatment or attitude towards a
person or group based on any of the protected person, including LGBTQIA+ individuals. It is an
grounds, including sexual orientation and important law that helps to prevent and punish
gender identity. It protects several grounds, cybercrimes, including those that may have
including race, color, religion, sex, age, disability, gender-related implications. It provides a legal
and sexual orientation. It also prohibits framework for the protection of personal
discrimination in various areas, including information and the promotion of cybersecurity,
employment, education, public services, and and for the prosecution and punishment of
access to public accommodations. This includes offenders.
discrimination in the terms and conditions of
7. Mental Health Law of 2002
employment, such as hiring, promotion,
compensation, and termination. The Mental Health Law provides for the
protection and welfare of individuals with
3. Reproductive Health Law (RHL) of 2012
mental illness, including access to appropriate
The RHL provides for access to reproductive mental health services. The law recognizes that
health information and services, including women and girls may experience unique
family planning and safe abortion. The law has challenges related to mental health, including
been subject to legal challenges and gender-based violence, social and cultural
controversy, and some religious and norms, and caregiving responsibilities. The law
conservative groups have opposed it. provides for the development of gender-
sensitive mental health services and the
4. Anti-Trafficking in Persons Act of 2003
integration of gender perspectives in the
The Anti-Trafficking in Persons Act criminalizes provision of mental health care.
the trafficking of individuals, including for sexual
8. Anti-Violence Against Women and their
exploitation. The law defines trafficking as the
Children Act of 2004
recruitment, transportation, receipt, or
harboring of a person, by means of threat, The Anti-Violence against Women and their
force, fraud, or deception, for the purpose of Children Act provides for the protection of
exploitation. Exploitation can include forced women and children from violence, including
labor, sexual exploitation, and other forms of domestic violence and sexual harassment. The
exploitation. It also defines protected persons as law defines violence against women and
children, women, and men who are vulnerable children as any act or omission that causes or is
to trafficking due to their age, gender, or other likely to cause physical, sexual, or psychological
circumstances. harm or suffering to them, including threats,
coercion, and economic abuse. It also provides
5. The Expanded Anti-Trafficking in Persons Act
for the issuance of protection orders, which can
This law criminalizes various forms of human prohibit the perpetrator of violence from
trafficking, including trafficking for sexual coming near the victim and from contacting
exploitation, and provides protection and them in any way.
support for victims of trafficking.
9. The Universal Declaration of Human Rights
6. Cybercrime Prevention Act of 2012
The Universal Declaration of Human Rights
The Cybercrime Prevention Act criminalizes the recognizes the fundamental human rights and
online publication or dissemination of material freedoms of all individuals, including the right to
deemed to be offensive or injurious to any privacy, the right to freedom of expression, and
the right to non-discrimination. The Universal comprehensive set of measures to address the
Declaration of Human Rights is a comprehensive unique challenges faced by solo parents, who
document that sets out fundamental human are defined as parents who are raising their
rights and freedoms that are universal and apply children alone, whether by choice or
to all individuals, regardless of gender. It circumstance.
provides a strong legal framework for the
Generally, it is important to note that while
protection of gender-related human rights and
these laws and legal bases exist, discrimination
has played a key role in promoting and
and violence against LGBTQIA+ individuals still
advancing the rights of women and girls around
occur in the Philippines. There is ongoing work
the world.
to ensure that all individuals are able to live free
10. The Revised Penal Code from discrimination and violence, and to create
a more inclusive and accepting society for
This is the primary criminal law in the
LGBTQIA+ individuals.
Philippines, and it includes provisions that
criminalize certain forms of sexual conduct, such Steps to Prevent Gender Inequality and
as rape, sexual abuse, and prostitution. Overall, Discrimination
the Revised Penal Code is a comprehensive
The following are the steps to prevent gender
criminal law that provides a legal framework for
inequality and
the protection of gender-related rights and
interests. It sets out clear definitions and discrimination:
penalties for various offenses, including those
that have a gender-related aspect. 1. Talk to Women and Girls
11. The Family Code The fact that women and girls' voices are too
frequently silenced in national and international
This law lays out the rights and responsibilities decision-making processes is a significant
of families and spouses in the Philippines, and it reason why gender equality has not yet been
includes provisions that protect the rights of reached in every realm. We set ourselves up for
children and spouses, as well as the rights of failure when programs and policies are created
married individuals to marry and to establish without the needs of women at their core, so
their own households. The Family Code we should consult with women and girls.
provides a legal framework for the protection of
gender-related rights and interests in the 2. Stop Child Marriage and Sexual Harassment
context of family relations. It recognizes the Child marriage is a significant barrier to girls'
equal dignity and mutual respect of all family education both in Bangladesh and elsewhere. In
members, and provides for the protection of Bangladesh, more than 50% of females get
victims of violence and abuse. married before turning 18, and 30% of girls
12. The Solo Parents Welfare Act between the ages of 15 and 19 are already
parents. Child marriage must be abolished if we
This law provides benefits and support for solo want females to be able to complete their
parents, including financial assistance, health education.
insurance, and educational assistance for their
children. It also provides for the protection and 3. Make Education Gender Sensitive
welfare of solo parents and their children. It was While there has been significant success in
enacted in 2000 and provides for a expanding educational opportunity,
improvements in the gender sensitivity of the Violence against women might persist
educational system, particularly guaranteeing unchecked due to gender inequity. We should
textbooks that support positive stereotypes, end it because, according to the UN, one in
have lagged. This is crucial if girls are to three women will experience violence in their
graduate from high school as contributing lifetimes, with the majority of such incidents
members of society who can create a more being committed by current or past intimate
equal society. partners.
Changing how girls, families, and society Around the world, there are numerous social
perceive what girls can be and do must be one and political reforms advancing women's rights
of the primary tactics. Girls need to see role that require assistance. Choose one to get
models and pictures that help them achieve engaged in after reviewing a few, then keep on
their goals. Parents must understand that their petitioning until you see change.
daughters have actual opportunities and that
being a wife and mother is not the main source
of security for them.
5. Empower Mothers