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- A Guide fo. ',aine ••

Developed and Written by the

Women', Edllcation, Development. Prodllctivit!il' and Retearch Organization, Inc. (WED PRO)

In Collaboration with

The G.AD Tpaining Core G.roup of the House of Representatives With support from the

National Commiuion on the Role of Filipino Women (NCRfW)

Quezon Cit~, 2001

SJ{ILLINf 4.~ TOOtINf' /flr· fENPEl-f.ESI'ONSIVE LEf/SLATIQN:

Moduks Developed and Written by the

WOMEN'S EDUCATION, DEVELOPMENT, PRODUCTIVI1Y AND RESEARCH ORGANIZATION, INC. (WEDPRO)

B0 THE WEDPRO TRAINING TEAM 03 Augustus E. Cerdeiia

Eleanor C Conda

Maria Dulce F. Natividad

Aida F. Santos

In Collaboration With

THE HOUSE OF REPRESENTATIVES GAD TRAINING CORE GROUP and the

OFFICE OF REp. PATRICIA M. SARENAS (PARTY~LlST, Abansel Pinay)

With Support From The

NATIONAL COMMISSION ON THE ROLE OF FILIPINO WOMEN (NCRFW')

QUEZON CITY, 2001

MEMBERS OF THE GENDER AND DEVELOPMENT (GAD) LEGISLATIVE TRAINING CoRE GROUP

HOUSE OF REPRESENTATIVES

Corazon Alane Febes Almeda

Office of the Secretary (Teneral Committee on Women

VitirLl Azansa

Human Resources Management Service (/-tRW)

Evelyn de Jesus Thelma Jimenez

H:RW

Veronica Jimenez

Legislative Research Bureau

Office of Rep. Patricia Sarenas (Abansel PinaY)j Coordinator, H:OR-0-AD Legislative Core 0-roup Committee on People's Partidpation Committee on Population and Family Relations Committee Ot1 Poverty AlLeviation

Committee on Sodal Services

catherine M.1upagaL Diane M.1naligod R.ufino M.1natigod

Ma.- Victoria Manrique Teresa OrLino

Congressional Planning and Budget Office

Joy Elena. Pic.cio Delilah Rebutica

Committee on Women

Rosanna 5enga R.eyna.1.do 50riano

Planning and Management Division Committee on Local0-overnment

Raul Terse

Filomena. ViUa.fuerte

phWppine legislators Committee on Population and Development (PLCPD)

Committee on Rural Development

Publications arid Editorfal Division

Maritess Zason

H:RM5

/", trodu,tion

The set of training modules on "Skilling and Tooling for Gender.responsive Legislation" is the product of almost five years of spirited collaboration of the Women's Education, Development, Productivity and Research Organization (WEDPRO), Inc. with the National Commission on the Role of Filipino Women (NCRFW) and the Congress oi the Philippines, specifically the House of Representatives (HOR).

The effort of promoting and mainstreaming gender-responsive legislative analysis and development in the HOR was started in 1997 through the pioneering work of two women: Eleanor C. Conda, a feminist lawyer and human rights advocate, and Aida F. Santos. gender advocate and then the Executive Director of WEDPRO. The two embarked on the task of writing the 2-volume Guidebook, uToward a Gender.responsive Legislation: Basic Concepts" and "Toward a Gender· responsive Legislation: Basic Application". This initiative gave birth to still another inspiration: the development of training modules to complement the Guidebook and the training of legislative staff in conducting the modules.

Even then, central to the success of the project has always been the participation of the legislative staff - the women and men working in various capacities in the committees and in other significant units and offices of the Philippine Congress - whose inputs greatly enriched the content of both the Guidebook and the training modules.

Developing the Guidebook, in the first phase of the project, raised the awareness of the legislative staff on gender as a development and human rights issue. Concretely, it facilitated the creation of a core of gender and development (GAD) advocates in the HOR. Developing the training modules, on the other hand, equipped the GAD advocates with the skills on how to become trainers and as such. effective transmitters of knowledge in government.

The set of training modules presented here is geared towards developing practical knowledg.e and skills in gender-sensitive legislation. The methodologies identified have been tried out and tested by the legislative staff themselves and have been developed further after a series of discussions and consultations. In the end, the whole course is meant to provide the legislative staff with analytical skills and practical tools to identify key gender issues that need policy solutions. It is also hoped that through the use of these training modules, the process of mainstreaming gender in legislation would be hastened.

Course Obje,ti,es

Specifically, the main objectives of the training seminar on gender-responsive legislation are the following:

@ To equip the legislative staff with the concepts, frameworks and methodologies in undertaking gender-responsive legislation; and,

@ To develop advocates from among the training participants.

Whaes l1f,si~e the MIf~ulel?

The three (3) main modules that make up this course are broken down further into sessions or segments, as follows:

• MODULE 1: Revisiting Gender

Session 1: Understanding Sex and Gender Session 2: Gender and Culture

Session 3: Gender and Development Session 4: Gender and Human Rights

• MODULE 2: Understanding Legislative Work and the Role of Legislation in Gender-responsiveness

Session 1: Functions of the Legislature

in Promoting Development and Human Rights Session 2: Defining Gender-responsive Legislation

• MODULE 3: FrameworkS, Concepts and Methodologies for Gender-responsive Legislation

Session 1: Frameworks for Analysis

Session 2: The International Standards on Human Rights, Equality and Empowerment as Tools for Gender-responsive Legislation Session 3: Application of How To's in Gender Based and Gender-responsive Legislative Work

Session 4: Ensuring the Goals of Gender-responsive Legislation

While the training is premised on the expectation that all participants should have gone through at least one basic gender seminar, Module 1 - which is intended to "revisit" or review basic gender concepts - has been identified to be the main "foundation" of the course. It aims at leveling off not only the participants' understanding of sex, gender, culture and other related concepts but also seeks to expand the comprehension of these concepts as they relate to the concepts of development and human rights. These concepts, taken together, form a basic gender framework through which the whole course on gender-responsiveness may be appreciated,

Module 2, on the other hand, seeks to bring into focus the legislature and the legislative process and how these can be maximized as potent arenas for a gender-responsive agenda. This module serves to bridge the transition from the conceptual discussion on gender, development and rights, to the skills and tools needed for actual work on gender-responsiveness.

Module 3, the last module, zeroes in on the specific skills and tools translated from the conceptual frameworks provided by the first two modules. Central to these tools are gender analysis and critical legal analysis that serve as the main analytical frameworks that could help ensure that lawmaking and legislation contribute in the achievement and realization of human rights, including equality for and empowerment of women.

This is a guide for facilitators and trainers in conducting the seminar on "Skilling and Tooling for Gender-responsive Legislation" -- a 3- to 4-day basic course for the legislative staff. The manual emphasizes the process and the input that the trainers or facilitators will give as they handle the modular sessions.

For every module and session, a set of objectives has been identified. These objectives are carried out through the methods identified. It can be gleaned that the modules employ creative methods in an attempt to popularize the discussions and veer away from the usual lecture-input methods that characterize a classroom environment.

The structured learning exercises (SLEs) refer to games or similar activities that reflect the learnings of an input or discussion and serve as creative reinforcements of the learning process. Group discussions, like the open forum, have also been included as these are clarificatory processes that can better bring to the surface contentious points that can be processed by the group.

For the inputs, a guide on the core messages is listed per session. It is important to refer to these guides, as they comprise the building blocks of concepts and knowledge upon which the whole course is based.

Beinq a guide, this material is not meant to be used as a "cut and dried" manual or an unalterable recipe book. Improvisations, variations and adjustments can definitely contribute to make these materials as dynamic as they are intended to be. The trainers can improve or try out new activities and training methods as they adjust these to their specific audience. If time is a constraint, activities can also be shortened as desired.

In the same way, the outline of inputs suggested here and the data therein must be constantly updated. What these modules provide are frameworks through which gender issues can be understood as well as skills and tools that can be used to address these issues in the legislative arena.

These modules are designed as stand-alone modules. This is in consideration of the fact that legislative staff members typically deal with time constraints in their work; if a live-in 3 to 4~day seminar is not possible, the separate modules may be conducted with them on a staggered basis. In this manner, the individual modules may be more manageable as short, intermittent sessions.

However, it should be highlighted that the modules have been grouped to logically build on each other and it is advised that participants go through all the modules to have a complete sense of what the whole course is all about.

Each session has suggested time allotments, which can be adjusted as necessary. Put together, these allotments amount roughly to a 3- to 4-day training, at a-hour sessions per day.

Lastly, for additional inputs to discussions during the training, the facilitators can refer to the 2-volume Guidebook entitled "Toward a Gender.responsive Legislation" developed by WEDPRO and the NCRFW as a relevant resource material.

The WEP'~O I'r~ject Te._

Maria Dulce F. Natividad Executive Director

Augustus E. Cerderia Project Associate

May 2001

SEMINAR PROCESS.AND INPUT GUIDE

A. Suggested Ice Breakerl Unfreezing Exercise (for Introductions): "Puzzling Women"

(This SLE is adapted from the HASIK Gender Seminar for Men, 1995; Time Allotment = 30-45 minutes, depending on the number of participants)

Process

• Prepare several pieces of 8" x 8" cardboards. Each card should be cut into three parts. Depending on the number of participants, adjust the number of squares: e.g., 30 participants means 10 squares. If the number of participants is not divisible by 3, add members from the training team to fill in.

• Each participant should be given 1 puzzle piece.

• On each piece (mark the right side with borderlines), the participants will be asked to draw a figure or an image that comes to his!her mind when he/she hears the word "woman."

• After drawing the image, a signal should be given for the participants to look for the two other pieces to complete their square. This portion entails going from person to person and trying to fit the pieces together. Remind the participants that the square should be completed with the borderlines and the drawings up.

• Each group must also compete to complete their puzzle ahead of the others. The momenta square is completed, the team should paste their card on the board. The first team (3 persons) to complete their square gets to choose whether they want to present first or not.

• Each group that has completed their square puzzle should form a buzz group to explain each drawing, introduce themselves to each other and give their group a name (for the plenary).

• During the plenary, the participants will present his!her group's work.

B. Introduction to the Seminar

• Expectations Checking
• Objectives of the Seminar
• Overview of the Seminar Flowl Program
• House Rules! Group Norms
• Administrative concerns
• Etc. Skilling and Tooling for GBnder-re.sponsilfi Legislation: 2 A Basic GoUfSIJ for the Legislat11'8 Staff

SEMINAR PROPER

SESSION 1: Understanding Sex and Gender

Session Objectives

• To review the conceptual understanding of, and the structural differences between, "sex" and "gender";

• To revisit the issues related to gender that have been thoroughly discussed in the basic gender

sensitivity courses that the participants should have already attended;

• To present and briefly discuss a situationer on 'Nomen;

• To discuss the concepts of sex and sexuality and how these are related to gender construction; and,

• To raise and collectively answer the most commonly asked questions on the issue of gender.

Methods:

A. SLE-1: "Pitik Palak" (with processing; to introduce the input on Sex and Gender)

B. Input-Interactive Discussion on Sex and Gender

C. SLE-2: "Ustahan Relay" (to introduce the input on Gender Division of Labor) O. Input-Interactive Discussion on Gender Division of Labor

E. Open Forum

Suggested Time Allotment: 1 1'2 - 2 hours

Materials and Equipment Needed

• Pre-cut manila or kraft paper

• Masking tapes

• Visual aids for the lecturel input

• OHPI whiteboard

• Whiteboard and permanent markers! chalk

A. SLE-1: "PITIK PALAK" (SL£ adapted from the HASIK GSM, 1995)

Process for "Pitik Palak"

1. The participants are first taught the movement of "pitik-palak' which is composed of the following steps: slap on the lap, one snap of the fingers and a clap. The process should be repeated until all participants can do the motion in unison.

Modules Developed and Written lJy WEDPRO, Inc. and the HDR-{]Afl Trajnjng CDre Group

Skilling and Tooling for Gender-responsive LegislatiOn: 3 A Basic CoUrS8 wr the Leglslall'IIJ Staff

2. While they are doing the ·pitik-palak,· the facilitator asks them, one by one, to shout out (as they snap) the first word that comes to mind as an answer to the specific question. It is better to have two practice rounds: e.g., "what comes to mind when you hear the word 'fiesta'? 'basketball'?" Remind them that their answers must be in time with the snap, and that it must be only one word, and that they cannot repeat the answers already given by other participants.

3. When the participants have gotten the hang of the game, ask each participant: "What is the first thing that comes to mind when you hear the word 'woman'? "man'?

4. As each participant answers, two members of the team should be ready to alternately write the participants' responses on the board. Each set should be marked appropriately.

5. The resource person who will give the input on "Sex and Gender" will have to refer to this list as an introduction to the discussion.

Processing Points for "Pitik Palak"

• Most of our "top-of-head" impressions of "men" and "women" are culturally constructed (gender constructions) that have no biological bases.

• If we exchange the supposedly "masculine" and "feminine" qualities, we will notice that, except for the biological characteristics (which are fixed), most of these qualities are in fact interchangeable. This reflects the fact that gendered qualities are indeed social constructs that can be analyzed and rethought.

B. INPUT - Core Messages on "Sex and Gender"

1. Sex refers to the biological characteristics and aspects of being a woman and being a man. Gender, on the other hand, is the culturally specific set of characteristics that identifies the social behavior of men and women and the relationships between them.

2. Gender is a social construct - created, produced, reproduced and maintained by social institutions.

Contrary therefore to prevailing belief, gender roles and attributes are neither natural nor biological givens. As a social construct, gender concepts can be changed.

3. The general emphasis on men's physical superiority, which is historical more than biological, is often pointed out as the ultimate defining difference between the genders. Through time, this cufturaf superstructure of male domination has effectively anchored and burrowed itself into the crevices of daily living and human existence. One of the most enduring gender constructions is the attribution of the character of weakness and being emotional to women, and strength and rationality to men.

4. Sex and sexuality are shaped and constructed by the same institutions and sociocultural values that shape gender construction.

Modules Oeveloped and Written by WEDPRO, 100. ami the HOR -GAD r raining Core Group

SkiJlinu and Tooling far G8nder-responsile Leglslatlan: 4 A Basic Course hr the Legislative StEff

5. Gender expectations of men and women result in gender stereotyping and ultimately gender subordination. This becomes the basis for gender bias and refers to the secondary position of women in society.

6. Gender relations are relations of power. In examining gender relations, recognition of women's subordinate status and the transformation of this status are necessary.

C. SLE-2 (to introduce the input on Gender Division of Labor): "USTAHAN RELA Y"

Process for "Ustahan Relay":

1. Divide the participants into 2 or 3 groups (depending on the number of participants).

2. Ask each group to list, within 60 seconds, as many jobs or tasks or kinds of work (both formal and informal), that a woman and a man does in the home, in the community and in the workplace. Each group should be given a piece of manila paper and 3 marking pens each. The group that can corne up with the most number of jobsl tasks! work wins.

3. After the listing relay, present the lists of the groups in a plenary session. The facilitators will count the listed items. Identical items should be "boxed" and should not be counted.

Processing Points for "Ustahan Relay"

~ There are roles or tasks that we generally associate with men and with women, and these are usually based on gender roles, therefore constructed. While a lot of these roles! tasks are based on what we see or observe (reality) these are also reftections of how deeply gender stereotyping has permeated our lives tlJus successfully translating gender perceptions into facts.

~ The tasks and roles for men are those that are usually associated with the public-productive sphere (paid work, office, politics,leadership positions, etc.), while those for women are generally related to the private-reproductive spher:e (family life, domestic chores, community management,etc.). Generally, those tasks or roles that are associated with the productive and public - the arena of the male - are valuated, usually through compensation, more than the private-secondary (female) ones. This is what is called the gender division of labor.

~ Even the concept of leisure is "gendered" in such a way that men are the ones usually associated with leisure activities that involve the "use" of women to provide "leisure" to men.

D. INPUT - Gore Messages on Gender Division of Labor

1. Productive-Reproductive divide

2. Public vs, private spheres

3. Primary vs. secondary roles in different levels of society

4. Roles of men vs. roles of women

Modules Developed and Written by WEOPRO, inc. and the HOR-8AD Trainif'IQ Core Group

8tlling and Tooling for Gender-responsi'rfJ Legidation: 5 A Basic Course fvrthe Leuls!atira Staff

E. OPEN iFORUMfor Session 1

(Suggested time allotment = 30-45 minutes only)

Evoke and discuss the most commonly asked questions on sex, gender, sexuality, etc.

Session 2: Gender and Culture

Method:

A. Group Exercises or SLEs (with processing) to set the tone for the discussions on gender and culture

B. Input -- Interactive Discussion

Suggested Time Allotment: 2 - 3 hours

A. Structured learning Exercises

• SLE 1 - To introduce the session:

A short exercise on analyzing the gendered language used in popular songs, TV-radio ads, posters, billboards, news reports, children's stories, etc. (45 minutes). The participants will be divided into 3-5 groups (one group for every form/type of material to be analyzed). After the workshop, each group will report in the plenary to share the highlights of their discussions.

• SLE .2 - Perspective setting: Film Showing Suggested Film: "Tuhog"

Guide questions for discussing the film should be prepared to direct the open forum after viewing.

B. INPUT- Core Messages on 'Gender and Culture

1. Sexism as a tool of patriarchy finds its way into culture and its many aspects - 'language, movies, TV programs, pictures, etc.

2. Popular culture is one sphere where gendered views and biases are best reflected,

3. Language shapes, reinforces or reflects reality. Sexism in society finds its way into the language used by people. Therefore, in order to help eliminate sexism, there should be a change in language, including the language of the law.

Modules fJeveJoped and Written by WEDPRD, IfIC. and the HDR-GAD TrainilllJ CDre Group

Skilfing and Tooling fvr Cender-responsIlfJ LeglslatJoo: 6 A Basic GoorS/! fur the Leglslatllf3 Staff

SESSION 3: Gender and Development

Session Objective

To review the concept of development, expand the participants' understanding of it and discuss how it relates to gender.

Methods:

A. Power Play (SLE with processing)

B. Input-Interactive Discussion

Suggested Time Allotment: 1 % - 2 hours

A. SlEl Group Game for Session 3: "POWER PLA Y"

(Modified version; From "Hudyat," A Training Module on VAW: HASII<, 1999)

Instructions for" Power Play"

1. Divide the group into two and ask each group to form a line, with each member of the first group matching another member of the other group.

2. The goa! of each group is to get the key being held by a facilitator several feet away in front of the two lines.

3. Whoever gets the key will be able to get a prize in the form of "successful status: associated with the development goals, written on strips of paper and pasted in front of the room.

Example: "Equal pay for work of equal value. " "Access to quality education. "

"Equal access to livelihood opportunities. "

4. At the start of the race, each pair will toss a coin; the winner gets the green paper (where the favorable conditions of getting the key are written), while the loser gets the yellow paper (where the "obstacles' in getting the key are written).

5. Each green paper and yellow paper contains a description of the "status" of the person getting it and instructions on how to get the key.

Sample of a "green" status:

'Congratulations! You are the favored one. You can get the key in

whatever manner you wish!

Sample of a 'yellow' status:

"Do you want to have that key? Well, work for it! Get the key but you have to carry one of your teammates as you get it!

Modules Developed and Written by WEDPRD, Inc. and the HDR-GAIJ Trainill(} Core Group

SkJlling and Tooling fur Gender-responsiwJ Legislation: 7 A BasIc Gouf08 for the Leglslalf'18 Staff

Note for processing: The green paper always represents the "male" with privileges, giving no obstacles to getting the key. The yellow paper always represents the 'female', underprivileged, always encountering obstacles when trying to reach for the key.

6. The winners for each round will have to pick a consequence card as penalty for the losing team to perform.

Samples of penalties written on the consequence cards (to be read by the winner, and to be performed by the whole losing team):

"We are the privileged males! You have to entertain us! You should perform for us a song and dance number!"

'You are such wimps! Surrender the shoes you are wearing to us!"

7. The same process will be followed for every round. The team with the most number of wins (e.g., getting the key in 4 out of 7 rounds) will be declared the champion which will entitle them to give another penalty to the losing team - this time, anything that they can think of.

Key Points in the Processing of "Power Play"

• Reiterate the role of power in gender relations

• Link the results! dynamics of the game (Power Play) to the goals of development that can be summed up as the 3-E's: equality, equity and empowerment.

• Women, because of their secondary position in society, face challenges in reaching these goals.

B. INPUT - Core Messages on Gender and Development

1. Technically, development is aimed at rationally allocating scarce resources for the productive needs of society. This is done as a rational and systematic step towards a general and sustained improvement in the quality of life for all, with emphasis on benefiting the disadvantaged in society: Thus, development is for all - despite class, age, race and sex differences. Before the law, everyone is equal and in this equality, social equity is embedded.

2. However, the human dimension of development must be recognized. The difference in the opportunities available to men and women for achieving a better life arise from factors directly relating to their being "female! women" and "maier men." This affects the kind of development that men and women experience. The generally subordinate position of women is reinforced through time by societal structures and institutions and is reftected in state policies, development goals, government plans, etc.

Modules Developed and Written by WEDPRO, Inc. and the HOR.£AD Trainino Core Group

Skilling and Tooling fur Gender-responsilfl Legislation: 8 A Basic Coursa for the leglslati'<fJ Staff

3. The main goals of development are the 3-E's - equality, equity and empowennent (Note: these concepts must be operationally defined). If the subordinate position of women is not recognized, the goals of development will not be met.

Note: At this point, it should be emphasized that GENDER is the concept gender and deve{opment is the framework; gender mainstreaming is the strategy; and, gender analysis is the tool.

SESSION 4: Gender and Human Rights

Session Objective

To review the human rights framework or perspective in the addressing gender issues.

Methods:

• SLE: IIKa/iwaan"

• Input - Interactive Discussion

Suggested Time Allotment: 1 -1 Y2 hours

A SLE (to introduce the input on Gender and Human Rights): "KALlWAAN"

Process for "Kaliwaan"

• Distribute cut cartolina or colored paper to the participants. Ask them to fold the short bond sized paper in half.

• On the left side of folded paper, ask them to copy, with their writing hand, an article from the UN Human Rights Declaration. On the right side of the paper, let them writel copy another provision of the UN Human Rights Declaration using their non-writing hand.

• Display the participants' work on the board.

Processing

• Ask the participants to compare how they felt when they were asked to write! copy the human rights artioles with their writing hand and with their non-writing hand.

Processing Point

• Like the difficulty experienced in writing using our non-writing hand, women encounter many diffioulties in realizing their human rights. Human rights have been interpreted and implemented generally from the male perspective, such that women, long treated as "second class citizens,· have to contend with a variety of obstacles in order to enjoy the same rights as their male counterparts.

1.tJduJes Oerelnped and Written by WEOPRO, Inc. and the HOR'{]AD Trainif4} Core Group

Skilling and Tooling for GenrJer-respooslKJ LegislatJlJI1: 8 A Basic Course tor the LeglsiatiKJ Staff

J The main goals of development are the 3-E's - equality, equity and empowennent (Note: these concepts must be operationally defined). If the subordinate position of women is not recognized, the goals of development will not be met.

Note: At this point, it should be emphasized that GENDER is the concept; gender and development is the framework; gender mainstreaming is the strategy; and, gender analysis is the tool.

SESSION 4: Gender and Human Rights

Session Objective

To review the human rights framework or perspective in the addressing gender issues.

Methods:

• SLE: I:IKaliwaan"

• Input -- Interactive Discussion

Suggested Time Allotment: 1 -1% hours

A. SLE (to introduce the input on Gender and Human Rights): "KALlWAAN"

Process for" Kaliwaan"

• Distribute cut cartolina or colored paper to the participants. Ask them to fold the short bond sized paper in half.

• On the left side of folded paper, ask them to copy, with their writing hand, an article from the UN Human Rights Declaration. On the right side of the paper, let them write! copy another provision of the UN Human Rights Declaration using their non-writing hand.

• Display the participants' work on the board.

Processing

• Ask the participants to compare how they felt when they were asked to writel copy the human rights articles with their writing hand and with their non-writing hand.

Processing Point

• Like the difficulty experienced in writing using our non-writing hand, women encounter many difficulties in realizing their human rights. Human rights have been interpreted and implemented generally from the male perspective, such that women, long treated as "second class citizens," have to contend with a variety of obstacles in order to enjoy the same rights as their male counterparts.

f.trdu/es Developed and Written by WEDPRO, Inc. and thJ HOR-GAfJ TrainillJ Corr: Grow

Skilling and Tooling for Gender-re.sponsi'tfJ legislation: 9 A Basic Ccurss for /he Leg/d. SMf

·INPUT - Core Messages on Gender and Human Rights

(Note: Use the results of the Power Play Game, as well as the points raised during the discussion on the film viewed, as addmonal input to this portion.)

1_ That human rights are inalienable and universal has far -reaching implications on advocacy for women's rights. This provides an anchor for the call to address discriminatory practices against women in all structures of society.

2. The traditional conception of human rights is "gender blind." A closer examination of human rights concepts, definitions, interpretation and practice would show that these are agendered,' i.e., defined from the male perspective.

3. The need to reconceptualize classical human rights should include specific as well as collective experiences of women, and to identify violations that happen based on sex and gender. Human rights should be concretized to embrace, be made reflective of, and applicable to the current situation of women.

4. The human rights framework! approach can be used to push the gender agenda - towards equality for and empowerment of women.

Modules [Jevehped and Written by WEDPRO, kt: and the HOR-GAIJ T raini~ Core Group

MODULE 2

SkIlling and Tooling for Gender-l8SponSOO Leglslatioo: 10 A BaSIC Course for the legislative Staff

General Objectives

• Conduct a scan of the Philippine legislative body -- its roles, functions, dynamics and processes;

• Provide the participants an opportunity to challenge the traditional notions and approaches to legislation; and,

• Develop a critical analysis of the existing legislative process and lawmaking.

SESSION 1: Functions of the Legislature in Promoting Development and Human Rights

Session 1 Objectives

• To determine, from the perspective of the legislative staff themselves, the functions of the legislature (in particular, the Philippine Congress) in promoting the goals of national development.

• To determine, based on the participants' experience, the process of legislation (how a bill becomes a Jaw), its strengths and limitations; and,

• To cull, based on the participants' actual experience in Congress, the political dynamics within Congress and how this affects legislative work.

Methods

A. "Tagni·tagning Kongreso" (SLEI Group Game)

B. Workshop on the legislative process and the dynamics of legislative work

C. Input-Interactive Discussion

Suggested Time Allocation: 2-3 hours

A. SLEI Group Game for Session 1: IITAGNI·TAGNING KONGRESO" (An Installation M Activity)

Process/Instructions

1. Divide the group into smaller groups of 5-7.

Modules [Jeveloped and Written by WEDPRO, Inc. and the HOR-SAD TrainillQ Core Group

Skllflng and Tooling br Gend8r-t!JSPM$l1fJ Legislation: 11 A Basic Course for the LegidatilfJ Staff

2. Individual members of the group will separately look for an object that will symbolize the work or function of the legislature.

3. Individual members will go back to their respective groups and share their symbols.

4. As a group, the members will put together all the symbols collected to come up with one "installatioli . arf to represent the legislature.

5. Distribute colored paper strips and colored balls of yarn to each group. Ask each group to write on the paper strips key words that would answer the question, ·what ere the needs of the times that the legislature addresses?"

6. Paste the paper strips on the ground to encircle the installation art.

7. Ask the participants to link the paper strips to the installation art with a yarn, if they think that the particular need is being addressed by the legislature.

8. Invite the participants back into the larger group and ask each small group to share the results of the group work.

Processing and Synthesis of "Tagni-tagning Kongreso"

Suggested guide questions in processing the SLEf activity:

1. What are the functions of legislation?

2. Do you agree with these functions? Why or why not? Explain.

3. What are the ways in which these functions match or not match the needs of the times?

The training facilitator-resource person culls and summarizes the key points from all the reports and places herlhis points on a manila paper or acetate film to be viewed by the participants. Processing of the results will be done toward some basic common unities. Shelhe will ensure that the divergent points are also noted; when possible, also attempt to reach unities on these divergent views, If not, allow the divergent points of view to surface, and also note these separately for later processing.

B. Workshop: Focus on the legislative process and the dynamics of legislative work

Process

1. PartiCipants will be divided into 2-3 workshop groups (the groupings in "Tagni-tagning Kongreso" activity can be followed)..

2. Each group will be asked to discuss among themselves the following questions:

o What is the usual process followed in law making?

o Who are the key actors in this process? What are the key offices or departments in this process?

Why?

o How are the key actors and offices! departments interrelated?

o What to you are the main strengths of the legislative process currently practiced?

Modules DevelDped and Written by WfDPRO, Inc. aoothe HOR..£AD Trainillfl Cl)re .GroUfJ

·"1··

SkIlling and Tooling for Cender-responsOO Legisiatlor1: 12 A Basic CoursIJ for the LegisiatiVB Staff

o What are the common problems encountered as this process is being done?

o How would you describe the dynamics in passing a lawl resolution?

C. INPUT - Core Messages

1. Legislation as currently a male domain f nature of legislative bodies.

2. Legislation as class-based, gender-blind; issue of women's representation; gender parity.

3. The role of Congress in addressing development.

4. The role of Congress in addressing human rights.

5. The role of Congress in addressing gender issues.

SESSION 2: Defining Gendermresponsive legislation

Session Objective

To introduce and briefly discuss the concept of gender-responsive legislation.

Methods

A. SL8 Game: "Mag-Pusoy muna tayo!"

B. Input-Interactive Discussion

Suggested Time Allotment: 2 - 2 12 hrs.

A. SlE: "Mag PUSOY muna tayo!"

Process

Filling out the "Pusoy" Cards

1. Each participant will be given 6 pieces of blank cards (the number of cards per participant may be reduced depending on the number of participants or the time allotted for this session).

2. On the first three cards, the participants will be asked to write 3 definitions of 'gender -responsive legislation" that they can think of. Emphasize at this point that that the definition on each card should contain only one idea. It must also be said that the 3 cards corresponds to a 'good,' "better,' or 'best' classification of the definitions they have written.

Examples of GRL definitions:

¢ "Gender-responsive legislation is a mechanism that addresses the discrimination against women and promotes equality between the sexes .•

Modules Developed and WritlEn by WEDPRO, Inc. and the HOR-GAlJ Trainillfl Con; Group

Skilling and fooiing fDr Gender-ffiS{JOlISilfJ Legislation: 13 A Basic CourS8 fvr the LeglslatMJ Staff

¢ "GRL is a process that ensures the attainment of equality of women with men. •

3. On the second sef of 3 cards, the participants will be asked to write three questions that they think will have to be asked when checking whether a proposed law, or a process in legislative work, is gende'F: ' responsive.

Examples of questions fhat pertain to gender responsiveness:

¢ "Do women directly benefit from this piece of legislation?" ¢ "Does it afJow women to achieve their highest potential?"

How the Game is Played

• The object of the game is to come up with:

¢ A list of definitions of "gender-responsive legis/atiorf that is substantive and at the same time unique, be it a general statement or a specific one. Each definition must capture the concepts and ideas that have been discussed thus far in the seminar; and,

¢ Another list of questions that may be asked when checking or assessing whether a legislative process or a law is gender-responsive. This list of questions will be usefullaler in the course of the seminar when a list of indicators of gender-responsiveness can be culled from this drafted list of questions.

The rounds

• The first round will focus on the definitions. Everybody should lay, face down in front of him/her, the card that slhethinks contains a "good" definition of GRL.

• The first person to read hislher card will be determined by throwing the dice (use a pair or three pieces of dice depending on the number of participants; the one who gets the highest dice score at first throw gets to play firs~.

• The person who got the highest score in throwing the dice will read his card first (i.e., the definition of GRL that slhe wrote on the card he is playing for the round). If hislher definition has a similar one in the other cards put up for the round, slhe will "collect" those cards similar to his/her card. After hislher turn, the next player to the first player's left will follow the same process, If the next player's card was "collected" or surrendered, then the next player who still has his/her card should follow, until all cards have been played in this round.

Modules OevekJped and Written by WEOPRD, Inc. and the HOR-CAD Trai~ DJre Group

Skilling and Tooling for Gender-responsil!l Legl~j(}n: 14 A Basic Course for tfte Leglslatil!l Staff

• As the game is played, the other players in this round will have to attempt to evade being. "collected."

So that his/her card may not be collected, the participant will have to defend his/her card by convincing the other participants in the group why hislher definition is not similar to the content of the card being played. The card dealerl game master will act as a facilitator in case discussions happen.

• After a number of arguments have been heard, the facilitator must get the consensus of the group on what to do with the disputed card (l,e., whether to force it to surrender, or to let it stand on its own). The group therefore is the final arbiter of the discussion. In cases where the group is not amenable to a consensus, the game master will have to put it to a vote (where the owner of the card being played, as well as the owner of the card being discussed, will not take part).

• The content of the "winning" card (undisputed, that is) will have to be written on the board, including the contents of the cards it was able to 'collect' This should guide the other participants later in the game when a card turns out to be similar to a "winning card" already on the board but was not surrendered.

• The second round in the "definition phase" will focus on the "better" cards. The same process will be followed. Jf a card is played in the second round, and it was agreed that such card is similar to the other cards already out on the board, this "late" card will have to be penalized (please refer to the scoring rules below).

• In the second phase of the game, (this time playing the set of cards bearing the questions), the same process will be followed. To make the chances of winning even, those with the lowest scores from the first phase will have to play first.

Playing and scoring rules

• There will be corresponding points for every card played in the game:

¢ A card that is able to "collect" other cards (because they have similar contents) gains +4 points plus +2 points for every card collected.

¢ A card that is voluntarily surrendered to or collected by another card will have 0 points.

¢ A card that is able to collect all the other cards in a round (because of similarity in content) gains a bonus point of +10, aside from the usual +2 points for every card collected or surrendered.

<=:> A card that has no similarity with any other card in a round gains a bonus point of +8 (for being a unique card),

<=:> Those who voluntarily surrender their card earn 0 point. However, those who refuse to surrender their card but were prevailed upon by the group to surrender his/her card (after a discussion) will be given -2 points.

<=:> Those who did not surrender their cards but were found to still hold on to cards that already won (I.e., already written on the board) will have -3 points.

Modules Develo{)ed and Written by WEDPRD, Inc. and the HDR-BAD Training Core Group

Skilling and Tooling for Gender-responsIwJ Leglslatian: 15 A Basic Course far the Legislative Staff

q Those whose cards were surrendered despite the fact that the content of their card is different from the card being played (this will be determined by the group) earn -1 point.

¢ Those who play cards that have more than 1 idea in it will have to rewrite his/her card, but will be" . given a penalty of losing a tum.

Note: -I he role of the game master is to facilitate the discussion of the whole group, especially when they are arguing or convincing each other why the content of a card is similar (or not similar, as the case may be argued) to the card being played. As much as possible, the decision should be reached through a consensus. If not, the game master will have to "divide the house."

B. INPUT - Core Messages

• Using all the elements of the various definitions of GRl that resulted from the 'pusoy" game, the facilitator can evoke a group definition of GRl.

• Identify the important! salient elements of GRl. In listing and reviewing all the definitions given by the group, emphasize that gender-responsive legislation can be a process that ensures gender equity and equality, a product of a certain process (e.g., a gender-responsive piece of legislation), or an objective or goal that can be achieved by addressing gender inequality.

• Gender-responsive legislation is the process of lawmaking that addresses gender inequality and inequities with the aim of creating a more fair and just society for all. - This definition of GRL should be linked to development and human rights.

Modules Developed and Written by WEOPRO, Inc_ and the HOR-GAD Training Care Group

MODULE 3

SkIlling and Tooling br lkIndfJr-responsive Legislation: 16 A BasIc Course br the LeglsiaDve Staff

General Objectives

• To develop in the participants basic skills in the use or application of analytical frameworks, conceptual tools, and legal bases for undertaking gender-responsive legislation;

• To equip participants with conceptual and other tools that could help ensure that lawmaking and legislation contribute in the achievement and realization of human rights, including equality for and empowerment of women.

SESSION 1: Frameworks for Analysis

Session 1 Objective

To familiarize participants with two analytical frameworks - gender analysis and critical legal analysis-that can facilitate their critical understanding and holistic appreciation of the law, its workings and its potentials for gender-responsiveness.

Methods:

A. Brief Input/Interactive Discussion on:

• Gender Analysis

• Critical Legal Analysis

8. Film showing, with processing and discussion

Suggested Time Allotment for the Session: 3 Y2 - 4 hours

Training Aids Required for Session 1:

• A video copy of the film "The Accused" (Starring Jodie Foster)

• Diagram of the analytical framework

• Reading on "Components of the Law' by A. Facio

• Other pertinent readings.

Modules Developed and Written by WEDPRD, Inc. and the HDR-EAfJ Training Care Group

Skilling and fro/lng kx Gender-responsilf! lBllIsl.Won: 17 A Basic Coorse for the l.eglslatilllJ StJff

Equipment and Materials Needed~

• TV and VHS player

• Board and penS/chalk.

A. INPUT on Gender Analysis

Specific Objective for the Input on Gender Analysis: To familiarize participants with the use of gender as an analytical tool that can help shed light on or expose the underpinnings of the dominant power relations between the sexes, and the inferior position and disadvantaged conditions of women relative to men, regardless of class, ethnic origin, religion, physical ability, education, age, etc.

Training Aids:

• Transparencies on the Gender Dynamic and the Framework for Gender Analysis;

• Other background reading materials.

Materials Needed: white board and markers, transparencies and pens.

Core Messages on Gender Analysis

1. Gender can be used as a useful conceptual tool in understanding the oppression of and discrimination against women. Gender determines what is expected of, allowed or valued in each sex. Gender can also be analyzed in terms of the following:

(a) Roles, i.e. what the sexes can and cannot do, or should or should not do;

(b) Relations, i.e. equation of the two sexes in terms the allocation of power, rights and responsibilities, and resources;

(c) Identity, i.e. what the two sexes think of themselves and each other. (Note: In the beginning of the session, it will be clarified that the term "women" is used in the sense of the "feminine sex" and not in the context of the "gendered women.")

2. Gender analysis for our purpose will be taken as the identification or dissection of the various ways by which bias against women exists in the text of a law, a project, research, etc, This exercise comes from the perspective of women as subordinated, inferior beings and men as the dominant ones. Gender analysis also encompasses the identification and understanding of the effects that such bias (or sexism) has on women and in the perpetuation of reinforcement of the present power hierarchy and the inequalities and discrimination against women. Since gender is relational, gender analysis necessarily extends to an analysis of the situation of men, but from the perspective of women's experience and realities.

Modules Developed and Written by WEDPRa, loc, and the HOR-EAf) Training Core Group

Skilling and fooling fm Gender-responsflfJ Leglslatton: 18 A BasIc Cours8 br tire I.eglslattve SM

3. Moreover, since women as a category cuts across other groupings based on class, ethnicity, religion, age, etc., integral to gender analysis is the appreciation of the position and condition of women as belonging to those other groupings.

4. Various aspects of gender analysis include --

(a) Determination of the existence of different ways that gender bias (sexism) manifests, is reinforced, or is perpetuated. Examples include the following:

i. The use of the masculine sex, experience and perspective as the paradigm, norm or standard of the human being, human experience, and human conduct or behavior .. Here women and their perspectives and experience are "invisibilized.'

ii. Exclusion of women - Different from the first in that the latter is subtle, goes unnoticed and passes off as natural. Exclusion of women on the other hand is express, often justified by reasons such to protect women or their roles.

iii. Distinction of women - The singling out of women, when in fact women and men are similarly situated, involved or concerned and therefore should both be included or considered. Reasons given to justify this include protection of women.

iv. Double standard - This means the assignation of different standards of conduct or behavior to women and men given the same situation or concern.

v. Sexual dichotomism - Total distinction of women and men, based on the view that women and men, their situations, attributes or experiences are completely opposing or different. Sexual division of labor falls under this.

vi. Non-recognition and non-consideration of the gender dimensions in the appreciation of a problem, situation, or solution proposed, etc. This is particularly common in the 80- called "neutral" measures or programs.

(b) Exposing the gender differences - roles, rights and responsibilities, or attributes, etc. - underpinning or assumed in the above. This includes the woman's gender identity, e.g. the woman- as- reproducer, the woman-as-mother, the woman-as-family, the woman-as-victim, the woman-as-sex object, etc.

(c) Determination of which woman, according to her other groupings based on class, ethnic origin, religion, age, physical ability, etc., is taken into account or is involved.

Madules Devebped 8I1d Written by WEDPRO, tm: and the HOR-l1AD I. rainil1J Core Groull

Skilling and Toofing tJr Gender-responsiKl Legislation: 19 A &sic Cayrse tJr the [eglslatiKl Staff

(d) Understanding the effects, of gender bias manifested by or perpetuated/reinforced through the foregoing ways, on women and their inferior position or status, and disadvantaged conditions in society.

5. This analytical framework can be adopted particularly in examining or analyzing a bill, or an existing law. It can also be adapted for use in other stages of lawmaking, e.g. problem identification, setting objectives for a legislative proposal, etc.

B. INPUT on Critical Legal Analysis

Specific Objective for the Discussion on Critical Legal Analysis: To familiarize participants with an analytkal framework that can facilitate their critical understanding and holistic appreciation of the law and its workings.

Core Messages on Critical Legal Analysis

(a) Major Premises about the Law

• Laws are imbued with the patina of "truth" since they are enactments of an "authority', the Congress. They are considered as objective, just, and neutral. These however are myths. Laws reflect, reinforce or perpetuate the views and interests of the people that make them, and mirror contemporary dominant customs and beliefs in society. As example, our society is replete with manifest gender biases in many forms. Sexism is reflected within the Congress. An examination of current laws on or affecting women substantiates this claim.

• Laws are part of a dynamic, mutually interacting system. Therefore, they should not be taken only in their formal form, i.e. laws as written or promulgated. Laws, for the purpose of deconstructing them, should be appreCiated in the context .of an interlinked system in which laws are produced, implemented, enforced, interpreted and applied.

(b) The law should be understood in its three components, as follows:

• Formal-Normative (Substantive) component - the written law; the text or substance of the law.

• Structural Component - the institutions involved in making the laws, enforcing or implementing, interpreting and applying them, such as the legislature, the courts, the police enforcement agencies, justice department, etc. Considered in the analysis of this component are mechanisms and resources aimed at promoting people's knowledge, access, or use of the laws.

Modules Developed and Written by WEOPRO, Inc. aOO the HOR-GAIJ Trainil1J Care Group

SkiUing and fooling fvr GendfJf-re.spon.s/w] Wgislation; 20 A BasIc Course for the LeglsialMl Staff

• Political-Cultural Component - includes customs, traditions, and beliefs that imbue and influence the making, implementation and enforcement, and the interpretation and application of the raw.

(c) These components are interactive, and are mutually reinforcing or influencing of each other in various ways. If a law were to be an instrument for social change, analysis of the dynamics of these components is necessary. As example, a good law will not be effective, or cannot achieve the purpose for which it was enacted, unless considered the barriers or hindering factors present or posed by the other components. Or, a situation of injustice or inequality cannot be changed through a substantive law that does not question the biases or prejudices underpinning it; or does not address the root causes of the situation, but instead reflects those same root causes and biases.

C. Application: Film Showing - "The Accused" (Running Time: approx. 2 hrs.)

(Note: A set of guide questions must be prepared by the facilitating team to evoke certain aspects of the film that can be analyzed and discussed utilizing the two frameworks presented - gender analysis and critical legal analysis. The set of questions below is an example of such a guide. )

• Who were the main protagonists in the film? How would you describe them and the issues they were grappling with in the story?

• What were the legal issues presented (e.g., the laws that were used to indict the suspects, the legal tactics of the lawyer of the victim, etc.)?

• What were the main gender issues shown (e.g., what does the film say about the woman-victim? The suspects? How did the other characters react to the situation of the woman-victim?) ?

• Using gender analysis and critical legal analysis, what can be said about the story presented in the film?

Session 2: The International Standards on Human Rights, Equality and Empowerment as Tools for Gender-responsive Legislation

Session Objective

To deepen participants' knowledge of human rights concepts and familiarize them with recent international documents that they can use in gender-responsive legislative work.

Methods:

A. SLE: "Let's Shop!"

B. Input/Interactive Discussion

MJdu/es DerekJped and Written by WEDPRO, loc. and tJr; HOR-GAD Training Core Group

Skilling and Tooflng for Gender-responsl'tf.llegls/ation: 21 A Basic Courss for the Leglslalf'le Sta.ff

Learning Aids:

• Baokground reading materials

• Copies of human rights and other documents

Suggested Time Allotment 1 %. - 2 hours.

A. SLE to Introduce Session 2: "LET'S SHOP!"

Process for "Let's Shop!"

1. Prepare a list of some of the main provisions of major international documents, treaties and agreements on women's rights that will be discussed in this session. The highlights and the salient features of these documents should be written on several pieces of cut cartolina (one color per dooument). Among these documents are:

• Deolaration of Mexioo on the Equality of Women (World Conference on the International

Women's Year, 1975)

• Vienna Declaration and Programme of Action (World Conference on Human Rights, 1993)

• Cairo Programme of Action (International Conference on Population and Development, 1994)

• Copenhagen Declaration (World Summit for Social Development, 1995)

• Beijing Declaration (Fourth World Conference on Women, 1995)

Sample of the list of specific provisions of certain international agreements! documents addressing women and gender issues (Note: Each box represents one card or one "shopping item"; the labels of the documents can be changed to make them sound like sections in a grocery or supermarket):

2. Post the summarized forms of the documents on the board. The features of the document presented should be written on separate oartolina cards (one feature! idea per card). Each document may be oolor coded to guide the partioipants in their "shopping" later.

3. Divide the partioipants into 3 groups. Each group will be asked to piok out a gender! women's issue (e.g., trafficking in women, violence against women, and participation of women in decision-making).

4. The groups will then be asked to go to the board and "shop' for any feature of the international agreements or doouments presented that they think responds, or is useful, to the issue that their group has.

5. Each group should report the "items' they chose, and explain why they think the specifio provisions ohosen respond directly to the issue of their group.

Modules Developed iIJ1d Written by WEDPRO, loc. iIJ1d the HOR-GAJ) Traini[)J Core Group

--.- ,

SkIlling and Tooling far Gender-/fJSjJonsiVfJ loglslation: 22 A Basic CourSfJ frJr the Leglslat/I#:) Staff

Mexico

Vienna

Cairo

Beijing

"states should undertake changes in the economic and social policies because women have the right to participate and contribute to the total development effort ... •

""Full and equal participation of women in the political, ciVil, economic, social and cultural life .. :

"Countries should act to empower and take steps to eliminate inequalities between men and women by eliminating violence against women ... n

Women empowerment and full participation are fundamental to attain equality, development and peace:

" ... The full and complete development of any country requires the maximum participation of women as well as of men in a/l fields ... •

"... The eradication of atl forms of discrimination on grounds of sex is a priority objective of the international community .'

" ... Assist women to establish and realize their rights, including those that relate to reproductive and sexual health .,"

"Ensure the equal enjoyment of all human rights and fundamental freedoms for all women who face multiple barriers ... such as race, age, culture, religion or disability, etc. P

"Resources should be made available in order that women may actively participate in national and world affairs at decisionmaking .:"

"Gender-based violence and all forms of sexual harassment and exploitation, including those resulting from cultural prejudice and international trafficking are incompatible with the dignity and worth of the human person .:"

'Prohibit degrading practices, such as trafficking in women ... and exploitation through prostitution ... and protect the rights and safety of those who suffer from these crimes .. ."

" ... Take effective action against violations of women's rights and freedoms ..'

"The Ultimate end of development is a better quality of fife for all, including ... the physical, moral, intellectual and cultural growth of the human person ... •

"The human rights of women should form an integral part of the UN human rights activities ... •

" ... Eliminate gender discrimination in hiring, wages, benefits and job security ..."

'Prevent and eliminate all forms of violence against women and girls .. ."

" ... eliminate violations of human rights against women: rape, prostitution, physical assault, mental cruelty, child or forced marriage .. ."

" ... the importance of the enjoyment by women of the highest standard of physical and mental health throughout their life span .."

" .. .Equitable representation of both sexes, especially at the managerial and policymaking levels ... u

Women's rights are human rights .. ,"

" ... Establish mechanisms for women's equal participation and equitable representation at all levels of the political process and public life ... n

"Equal rights, opportunities and access to resources, equal sharing of responsibilities ... by men and women ... are critical to their weI/-being,", "

Modules Oeveloped ami Written by WEOPRO, Inc. ami the HOR.mJJ Training Gore Group

Skilliug and fooling ~ Gender-respvn.s/If] Legislation: 23 A Basic Cour,38 ~ the Leglslatilf] Staff

B. INPUT - Core Messages on International Standards

1. Human rights, including equality, are concepts that are useful in various ways.

a) They provide the legal mandate for the Legislature, through laws that it enacts, to help fulfill . obligations of the government under the human rights treaties that it is party to.

b) Those concepts can serve as legal bases for legislative proposals that address sexism, discrimination, and other issues confronting women.

c) Human rights treaties, such as the Women's Convention, and policy documents like the Declaration on the Elimination of All Forms of VAW, and the Beijing Platform for Action, can help in perspective setting.

d} Human rights treaties and policy documents provide frameworks through which concerns of women such as discrimination or poverty can be addressed.

e) The Beijing, Cairo and Copenhagen documents -- including the output of the reviews of their implementation, and other international agreements like the Statute on the Establishment of the International Criminal Court -- can be source not only of policy directions, but also of specific measures to help address concerns of women.

2. Equality for women is a much-vaunted goal that needs to be closely examined, and necessarily be analyzed from a gender perspective. The traditional conception of equality is one of de jure or formal equality. However, with our critical understanding of the law and our knowledge on gender, we know that equality for women in the substantive component of the law does not assure women's enjoyment of equality in reality.

Equality measures have to consider barriers that could hamper or impede women's equal enjoyment of the right in question. In a comprehensive sense, equality should include equality in access or opportunity and equality in results, and control over the results.

Elimination of discrimination is another common objective of legislation, and is one closely linked to equality. A person intent on making gender-responsive legislation should understand "discrimination' as defined in the Women's Convention. The definition addresses gender bias when it talks of "distinction, exclusion, or restriction, made on the basis of sex," that nullifies or impairs the fulfillment or enjoyment by women of their human rights.

More importantly, apparently nuanced to the almost insidious ways by which women can be discriminated against, the Convention encompasses discrimination that is direct, i.e. intentional, and one that results from what appears to be a non-discriminatory act or measure. This concept of discrimination presents comprehensive approaches for those involved in gender-responsive lawmaking.

Moliui:s Developed and Written by WEDPRO, IrK;. BOO the HOR-EAO frainilllJ Core Group

Skllllug and fooliny !Dr Gendsr-mspons/IIJ legislation: 24 A Basic Course for the Legl3latim Staff

Another important aspect of discrimination as defined under the Convention is that it includes discrimination committed by both public actors and private citizens. Affirmative actions find support in the Convention when it refers to "temporary special measures."

3. Other documents like the Beijing Platform for Action (BPFA), and the Outcome Document from the recent UN General Assembly Special Session to review implementation of the BPFA, can provide ideas for concrete measures for legislative action or otherwise, in response to concerns like poverty, unequal . political participation and decision-making, and violence against women.

4. Of very recent vintage is the Statute on the Establishment of the International Criminal Court. The Statute provides for the following important points:

a) It spells out war crimes and crimes against humanity, which include specific crimes against women;

b) It provides for the protection of victims and witnesses, as well as procedural arrangements to ensure the sensitivity of the Court and its personnel in handling crimes against women;

c) For those involved in legislative advocacy at the national level, the Statute can provide models for legislation relation to crimes committed against women not addressed yet by existing penal laws, e.g. persecution on the basis of sex; and,

d) The Statute can also provide bases for reforms to make he criminal justice system more sensitive to the plight of victims and witnesses, particularly women.

5. Empowerment of Women - increasing or affirming their power, independence, and internal strength, should be an aim of gender-responsive lawmaking. Integration of the concept of women's empowerment into lawmaking should be should be both in form, content and process. This means that through the various aspects of lawmaking, women should be able to participate, be consulted, etc.

SESSION 3: Application of How To's in Gender-Based and Gender-responsive legislative Work

Session 3 Objective

To enable participants to gauge and apply their knowledge and skills acquired from previous sessions.

Time Allocation~ 1Y2 hours

Methods:

• Small Group Exercise

• Discussion

Modules OevekJped and Written by WEDPRD, Inc. and the HDR..flAD frainill(J Core Group

Skilling and froling for Gend8r-res~ legIslation: 25 A Basic Gaursa for tfr8 Leglslallve Staff

Process of the Small Group Exercise

1. Participants are divided into three (3) groups.

2. Each group is asked to draft a legislative proposal, based on specific situations or case studies. The proposal should include an Explanatory Note and should be as comprehensive as possible. In drawing up its proposal, the group should take into account the objectives of gender-responsive lawmaking and use to the extent possible, frameworks and tools learned.

3. Each group will have 20 minutes each for the presentation. It should describe the process taken and the frameworks adopted and explain the rationale for the proposal.

4. A 3O-minute discuosion and synthesis follow.

Materials Needed:

• OHPI screen

• Three sets of transparencies

• Marking pens

• Copies of the case studies used

SESSION 4: Ensuring the Goals of Gender-responsive Lawmaking

Session 4 Objectives

• For participants to identify strategies other than or in addition to lawmaking that can contribute in the realization of the goals of equality, social justice and development, for women especially.

• To determine, discuss and agree on the role of legislative staff in legislation.

Methods~

A. Workshop - Discussion on the Role of Legislative Staff

B. Role Play - A Case for Gender-responsive Legislation

C. Planning - Beyond Legis/ab'on

Suggested Time Allotment: 2 Yz - 3 hours

Modules Developed and Written by WEDPRO, tm. and the HOR-GAD Training Core Group

Sklliino and Tooling tJr Gender-responsive LBglslation: 26 A BasIc Gourss for the LegIslative Staff

A. Situating Ourselves: The Role of the Legislative Staff in GRL

1. Regarding the discussion of the roles of the legislative staff in legislation, the facilitator will keep in mind the answers to this particular set of guide questions:

../ What are your roles as legislative staff in the lawmaking process?

../ If you are not directly involved in this process, how would you describe your role within Congress?

What are your specific responsibilities?

../ Do you think that your rolel responsibilities are significant? Why?

2. The training facilitator-resource person will note the highlights of each presentation, and categorize the issues as they come out, into:

(a) Problems faced by the legislative staff in various aspects of their work and relatiol lships within the workplace;

(b) How these problems or concerns were responded to; (c) Other issues! concerns.

B. Making A Case For Gender-Responsive Lawmaking

Session Objective

To plan, design and simulate strategies for convincing principals (i.e., the legislators, or the heads of their departments in Congress) about the necessity for adopting GAD perspectives in law making, and in appropriating the GAD budget in the HOR as well as in negotiating for the time of the GAD focal points in implementing the GAD plans.

Method:

• Role Play - Group Exercise (see instructions below)

• Input-Interactive Discussion

Suggested Time Allotment: 2 - 3 hours

SLE • Game for Session 4-8: Making A Case for Gender-Responsive Legislation

Process

1. Participants are divided into three groups.

2. The Facilitator gives the following instructions.

Modules Developed and Written by WEDPRD, Inc. and the HOR-GAD Training Gnre Group

SkiUi"y and Tooling for Gentiaf-respoosiH3 LS!}isiatiOfl: 27 A Basic £'.curse br the Leglsiathe Staff

• Think of as many reasons or arguments, including legal bases, which the participants can put forward to convince their bosses and other people of the importance and imperative of gender-responsiveness in lawmaking. Each group will pick out one of the following situations:

}> Convince their boss (department! division head or congressperson) of the need for the GAD budget to be released;

}> Present an old law (the team should choose the specific law) that is not genderresponsive, and convince a congressperson that an amendment should be filed to make it gender-responsive;

»- Convince other legislative staff (who are in very sensitive positions! departments) of the need to form a GAD team in their office! or to join the GAD core group of the HOR.

• Each team will be given time for preparation. Each team must first write. down their arguments and will have to prepare for a role play with some members of the team playing the "targer (the 'bosses') and the other members the "GAO advocates."

• Plenary: The order of presentation will be determined by drawing lots. A group presentation will include the following: a brief opening statement (short background of the situationl case), the role-play part and a closing statement.

• Each group has ten (10) minutes to present its 'case.'

• After each presentation, the other participants will be asked to comment on the situation and rate whether the "advocates' were successful or not. They may also suggest other 'strategies' that may be more effective.

3. A -general discussion follows and the session ends with the Facilitator summarizing the discussion and emphasizing the core messages. (15 minutes.)

INPUT - Core Messages

1. The Congress, like other branches of government, is accountable for "serving the people." To be true to its primordial mandate, it should exercise its legislative power in such manner as to benefit both women and men.

2. Data shows that inequalities, discrimination, or biases against women result among others from or are reinforced and perpetuated by rendering women and their experiences invisible, or by non-recognition of or non-responsiveness to gender. Therefore, legislation should recognize and be responsive to gender if it were to contribute in addressing women's oppression or in promoting women's human rights

Modules Developed and Written by WEDPRO, lra. and the HOR-GAD Training Core Group

SkIlling and Tooling for .liemier-fBS1lOIlSiK3 Legislation: 28 A Basicfuurse for the LeglsJatiWl Staff

3. Equality, social justice, and respect for human rights are some State policies and principles that

the Constitution explicitly provides for. As an instrumentality of the State, the Congress in its lawmaking function should ensure that these principles and policies are upheld and respected. Laws should, among others, seek to address gender-based inequalities, or discrimination and .. , . biases against women, and barriers to the full enjoyment or exercise by women of th.eir human rights. At the same time, laws should help promote the human rights of women and their empowerment.

4. The matrix on GRL (from the Guide book) should be presented and discussed.

Materials Needed :

• Small sheets of cartolina

• Marking pens

• Masking tapes

C. Beyond Legislation - Planning for GAD Advocacy in Congress

(Suggested time allotment: 1 Y2 - 2 Y2 hours, including planning sessions and closing activities)

1. Facilitator will start off the discussion with questions such as the following:

What strategies or other forms of action to push for social change can you think of? How can these strategies compJemen~ if at aIJ, your legislative advocacy within Congress?

Participants will be encouraged to draw from their experiences outside their work in Congress.

2. The session and the whole seminar may end with a summation. An alternative way of closing the seminar would be for the facilitator to refer back to the results of the session on "Making a Case for Gender-responsive Legislation,' especially focusing on certain strategies that may convince the principals in the legislature to promote gender-responsive legislation. The creative strategies or techniques should be affirmed and it may be emphasized that these strategies can be used to enhance the GAD plans of the GAD advocates' group in the legislature.

END 0' MODUL£S

Modules Develoved and Written by WEDPRO, Inc. and the HOR -fJAJJ Trailling Com Group