MODULE 2 Legal Basis of GAD Implementation

Carlos Hilado Memorial State College
Alijis Campus | Binalbagan Campus | Fortune Towne Campus | Talisay Campus
To be a leading GREEN institution of higher learning in the global community by 2030

(Good governance, Research-oriented, Extension-driven, Education for Sustainable Development & Nation-building)
Gender and Development and Green Culture (GAD GRC)

Module 2: Legal Basis of GAD Implementation
Chapter 2: Lesson Objective
At the end of this lesson, you will be able to:
⮚ determine and discuss the salient features of the following legal bases of GAD
implementation:
1. CHED Memorandum Order 1 s. 2015
2. CEDAW and RA 9170 (Magna Carta of Women)
(GAD Mainstreaming)
3. General Appropriations Act (GAA)
I. Introduction
This module presents the legal bases of the implementation of Gender and Development.
The Convention on Elimination and Discrimination Against Women (CEDAW), also known as
the international bill of rights for women and Magna Carta of Women (RA 9710) convey the
framework for recognition, protection, fulfillment and promotion of the rights of Filipino women
especially those from the marginalized sectors of the society. As Gender and Development
(GAD) is mainstreamed in instruction, research and extension in all programs and activities of
CHMSC, you will be more aware and further understand the goals and objectives of GAD in the
community. Therefore, you are to write an article analysis to present your views on the current
pandemic that will relates to GAD legal bases. This chapter covers 9 hours per week.
II. Lesson/Unit/Study Guide/ Notes
I. CHED MEMORANDUM ORDERNo.01 Series of 2015:
Policies & Guidelines on Gender & Development
✔ Establishing The Policies and Guidelines on Gender and Development in the

Commission on Higher Education (CHED) and Higher Education Institutions
(HEIS)
Rationale and Mandates:

The Philippines being a State Party to the United
Nations (UN) Convention on the Elimination of all forms of
Discrimination Against Women (CEDAW), which is signed
on July 15, 1980 and ratified on August 5, 1981, is obligated
pursue and implemented programs, projects, and activities that
will contribute to the achievement of women's empowerment
and gender equality.
Convention on the Elimination of all forms of Discrimination
Against Women
● often described as an International Bill of Rights for
Women
● adopted by the UN General Assembly in 1979 and
entered into force as an international treaty on
September 3, 1981.
● consists of a preamble and 30 articles, it defines what
constitutes discrimination against women and sets up
an agenda for national action to end such discrimination.

● CEDAW draws its roots from the women’s movement in the US and other countries.
CEDAW defines Discrimination against Women

✔ "...any distinction, exclusion or restriction made on the basis of sex which has the effect or
purpose of impairing or nullifying the recognition, enjoyment or exercise by women,
irrespective of their marital status, on a basis of equality of men and women, of human
rights and fundamental freedoms in the political, economic, social, cultural, civil or any
other field."
CEDAW
By accepting the Convention, States commit themselves to undertake a series of measures to end
discrimination against women in all forms, including:
⮚ To incorporate the principle of equality of men and women
in their legal system, abolish all discriminatory laws and
adopt appropriate ones prohibiting
discrimination against women;
⮚ To establish tribunals and other public institutions to ensure
the effective protection of women against discrimination;
and
⮚ To ensure elimination of all acts of discrimination against

women by persons, organizations or enterprises.
EQUALITY is a matter of human rights and a condition for social
justice - Beijing Declaration and Platform for Action, Mission
Statement
The Convention is the only human

rights treaty which affirms the
reproductive rights of women and targets
culture and tradition as influential forces
shaping gender roles and family relations.
It affirms women's rights to acquire, change or retain their nationality and the nationality of
their children.
States parties also agree to take appropriate measures against all forms of traffic in women
and exploitation of women.

✔ The country's compliance with the CEDAW and Beijing Platform for Action (BPFA),
which is adopted in 1995, holds much significance in the drive towards gender awareness
and sensitivity, and more important, in the institutionalization of gender policies,
standards and guidelines as a way of life for the Philippines.
1987 Constitution of the Republic of the Philippines

The principle of equality between men and women is enshrined in the Philippine
Constitution to wit:
❖ State recognizes the role of women in nation building and
shall ensure the fundamental equality before the law of
women and men.
⮚ (1987 Philippine Constitution Article II, Section 14)
⮚ The Women in Development and Nation Building Act or
Republic Act No. 7192, enacted in 1992, reiterates this
principle of gender equality and directs all governments
and agencies to “review and revise all their regulations to
remove gender bias therein.” (Section 2).
II. Magna Carta of Women (MCW)

Also known as, Republic Act No. 9710, enacted in September 2009, is the local translation of the
provisions of the CEDAW and BPFA, and comprises the major statutory guidelines that all
Responsible Agencies are expected to pursue and implement, guided principally by the Philippine
Commission on Women (PCW).
The Philippine Commission on Women (formerly the National

Commission on the Role of the Filipino Women), is a
government agency run by the government of the Philippines
with the intention of promoting and protecting the rights of the
Women in the Philippines.
MCW Implementing Rules and Regulations (IRR) which were approved in March 2010, identify
the Commission on Higher Education (CHED) as the agency mandated to:
a. develop and remote gender-sensitive curriculum
b. develop gender fair instructional educational materials
c. ensure that institutions implement a capacity building program on gender, peace and
human rights -education for their officials, faculty and non-teaching staff and personnel,
promote partnerships between and among players of the education sector
d. promote partnerships between and among players of the educational sector
e. encourage advertising industry and other similar institutions to provide free use of space
and installation of displays for schools, colleges and universities for campaigns to end
discrimination and violence against women guarantee that educational institutions provide
scholarship programs for marginalized women and girls set the minimum standards for
program and institutions of higher learning
f. guarantee that educational institutions provide scholarship programs for marginalized
women and girls set the minimum standards for program and institutions of higher
learning.
⮚ July 2, 2010, the Commission approved CHED Special Order creating the CHED GAD
Focal Committee and Secretariat, which initiated the GAD program of the Commission, in
coordination with the PCW, Civil service Commission, and other co-convenors from the public
and private Higher Education Institutions (HEIs).
⮚ Thereafter, the Commission approved the constitution of the GAD Focal Point System
(GFPS) of CHED, with the commitment to undertake all necessary and appropriate mechanisms
to advance the cause of GAD in accordance with the above-stated policies and directives.

Gender Mainstreaming
Gender equality as the goal; gender mainstreaming as the strategy.
Gender Mainstreaming or Gender and Development (GAD) mainstreaming is the major
global strategy for ensuring that the government pursues gender equality in all aspects of the
development process to achieve the vision of a gender-responsive society where women and men
equally contribute to and benefit from development. Its importance has been extensively discussed
since governments committed to this concept in the Beijing Platform for Action during the Fourth
United Nations World Conference on Women in 1995.
It endeavors to look more comprehensively at the relationship between men and women in
their access to and control over resources, decision making, and benefits and rewards within a
particular system—it may be an organization, a government or an entire society.
The process of gender mainstreaming necessitates the transformation of institutional

structures, culture and practices wherein gender concerns become central instead of remaining as
peripheral issues and concerns.
What is the Mainstream?
The “mainstream” is an inter-related set of dominant ideas, values, practices, institutions
and organizations that determine “who gets what” within a society. The ideas and practices with
the mainstream tend to reflect and reinforce each other and thus provide a rationale for any given
allocation of societal resources and opportunities.
Becoming part of the mainstream means:
✔ women and men have equitable access to resources, including opportunities and rewards.
It implies equal participation in influencing what is valued in shaping options within
society.
✔ sharing equitably in the benefits of development.
✔ offers the opportunity to influence who does what in a society, who owns (and can own)
what, who has access to jobs and income, who controls the society’s resources and
institutions, who makes decisions, who sets priorities.
Entry Points of Gender Mainstreaming

GAD mainstreaming requires interventions from different stages of development planning
processes, from planning to programming, budgeting, implementation, monitoring and evaluation.
There are four critical entry points to GAD mainstreaming, namely: Policies, Programs and
Projects (PAPS), People, and Enabling Mechanisms. These are not in any order of importance.
A government agency has the option on what entry point to use first. They may opt to adopt
strategies that characterize more than one entry point.
In the course of implementing gender mainstreaming, an organization may progress

through the following levels

III. Republic Act 8760: General Appropriations Act of 2000

AN ACT APPROPRIATING FUNDS FOR THE OPERATION OF THE GOVERNMENT OF THE
REPUBLIC OF THE PHILIPPINES FROM JANUARY ONE TO DECEMBER THIRTY ONE,
TWO THOUSAND, AND FOR OTHER PURPOSES
General Appropriations Act (GAA) On Programs/Projects

Related to Gender and Development
Section 27. Programs/Projects Related to Gender and Development (GAD). In consultation
with the National Commission on the Role of Filipino Women (NCRFW), all departments
including their attached agencies, offices, bureaus, agencies, state universities and colleges,
government-owned and controlled corporations and other instrumentalities, shall formulate a
GAD Plan, designed to empower women and address gender issues, in accordance with R.A. 7192
and the Philippine Plan for Gender-Responsive Development (PPGD), 1995-2025. The cost of
implementation of the GAD Plan shall be at least five percent (5%) of the agency’s total FY 2000
budget appropriations.
All concerned government entities shall submit their GAD plan to the NCRFW for review. They
shall likewise submit annual reports to Congress, the Department of Budget and Management
(DBM) and NCRFW, indicating the accomplishments and amounts utilized to implement
programs/projects activities addressing gender issues and women empowerment. The evaluation
of agencies’ utilization of the GAD budget shall be performance-based.
In addition to Joint Circular 99-4 issued by the National Economic and Development Authority
(NEDA), the DBM and NCRFW, additional sets of guidelines, as deemed necessary, shall be
formulated, for the implementation of GAD-related programs/projects/activities.
(Approved: February 16, 2000)
1)
References:
https://ched.gov.ph/cmo-1-s-2015/
https://pcw.gov.ph/republic-act-8760-general-appropriations-act-of-2000/
https://pcw.gov.ph/gender-mainstreaming/
https://www.officialgazette.gov.ph/2009/08/14/republic-act-no-9710/
Article Sources: UN Secretary-General’s policy brief: The impact of COVID-19 on women; Progress of the
World’s Women 2019-2020, UN Women; COVID-19 Educational Disruption and Response (visit this link for the
latest school closure information), UNESCO; Covid-19 school closures around the world will hit girls hardest,
UNESCO, 31 March 2020; Youth exclusion from jobs and training on the rise, International Labour Organization,
March 2020; Global Employment Trends for Youth 2020: Technology and the future of jobs, International Labour
Organization, March 2020. Related resources: In Focus: Gender equality matters in COVID-19 response


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Carlos Hilado Memorial State College

Alijis Campus | Binalbagan Campus | Fortune Towne Campus | Talisay Campus

To be a leading GREEN institution of higher learning in the global community by 2030

Gender and Development and Green Culture (GAD GRC)

✔ Establishing The Policies and Guidelines on Gender and Development in the

Rationale and Mandates:

To be a leading GREEN institution of higher learning in the global community by 2030

CEDAW defines Discrimination against Women

⮚ To ensure elimination of all acts of discrimination against

The Convention is the only human

To be a leading GREEN institution of higher learning in the global community by 2030

1987 Constitution of the Republic of the Philippines

II. Magna Carta of Women (MCW)

The Philippine Commission on Women (formerly the National

To be a leading GREEN institution of higher learning in the global community by 2030

The process of gender mainstreaming necessitates the transformation of institutional

Entry Points of Gender Mainstreaming

In the course of implementing gender mainstreaming, an organization may progress

To be a leading GREEN institution of higher learning in the global community by 2030

III. Republic Act 8760: General Appropriations Act of 2000

General Appropriations Act (GAA) On Programs/Projects

To be a leading GREEN institution of higher learning in the global community by 2030

You might also like