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CONSEQUENCES OF GENDER-BASED VIOLENCE

These consequences include serious, immediate, and long-term impacts on the sexual,
physical, and psychological health of survivors.
• • Health consequences include unwanted pregnancies, complications from unsafe
abortions, sexually transmitted infections including HIV, injuries, mental health, and
psychosocial effects (depression, anxiety, post-traumatic stress, suicide and death).
Violence also affects children's survival, development, and school participation.
• • Social consequences extend to families and communities. Families can also be
stigmatized as a consequence of gender-based violence. For example, when children are
born following a rape, or if family members choose to stand by a survivor, fellow members
of their community may avoid them.
• • Economic consequences include the cost of public health and social welfare
systems and the reduced ability of many survivors to participate in social and economic life.

SURVIVOR, VICTIM, AND PERPETRATOR

• • Survivor is the preferred term (not a "victim") of a person who has lived through an
incident of gender-based violence.
• • A perpetrator is a person, group, or institution that inflicts, supports, or condones
violence or other abuse against a person or group of persons. Characteristics of
perpetrators include:
• a. persons with real or perceived power;
• b. persons in decision-making positions; and
• c. persons in authority.

In all incidents of gender-based violence, there is always a survivor/victim and a perpetrator.

Therefore, all actions in the prevention and responses to gender-based violence need to
address both the survivor and the perpetrator.
Remember: The words we use communicate a message to people who are listening.
Survivor is the preferred term for those who have lived through a gender-based violence
incident. A perpetrator is a person who commits an act of gender-based violence. There
might be only one perpetrator, or there might be more. In any act of gender-based violence,
there is a survivor and a perpetrator. All actions in prevention must address potential
survivors and potential perpetrators. Also, all actions in response need to address both the
survivor and the perpetrator. 3 SSP 101 Gender and Society ⃦ PADS
Human Rights
Human rights are universal, inalienable, indivisible, interconnected, and interdependent.
Everyone is entitled to all the rights and freedoms without distinction of any kind, such as
race, color, sex, language, religion, political or other opinion, national or social origin,
property, birth, or other status.
Prevention of and response to gender-based violence is directly linked to the protection of
human rights. Acts of gender-based violence violate a number of human rights principles
enshrined in international human rights instruments and in our Philippine Constitution.
These include the following, amongst others:
• • the right to life, liberty, and property of persons;
• • the right to the highest attainable standard of physical and mental health;
• • the right to freedom from torture or cruel, inhuman, or degrading treatment or
punishment;
• • the right to freedom of opinion and expression and to education.

POWER, USE OF FORCE/VIOLENCE AND INFORMED CONSENT 4 SSP 101 Gender and
Society ⃦ PADS
Power
Perpetrators can have "real" or "perceived" power. Some examples of different types of
power and powerful people are the following:
a• a. social - peer pressure, bullying, leader, parents;
b• b. economic - the perpetrator controls money or access to goods/services/
money/favors; sometimes the husband or the father;
c• c. political - elected leaders, discriminatory laws, President;
d• d. physical - strength, size, use of weapons, controlling access or security; soldiers,
police, robbers, gangs;
e• e. gender-based (social) - males are usually in a more powerful position than
females; and
f• f. age - related-often, the young and elderly people have the least power.

Power is directly related to choice. The more power one has, there are more choices
available. The less power one has, fewer choices are available. Unempowered people have
fewer choices and are therefore, more vulnerable to abuse. Gender-based violence involves
the abuse of power. Unequal power relationships are exploited or abused.
Use of Force/Violence
Force might be physical, emotional, social, or economic in nature. It may also involve
coercion or pressure. Force also includes intimidation, threats, persecution, or other forms
of psychological or social pressure. The target of such violence is compelled to behave as
expected or to do what is being requested, for fear of real and harmful consequences.
Violence consists of the use of physical force or other means of coercion such as threat,
inducement, or promise of a benefit to obtain something from a weaker or more vulnerable
person. Using violence involves forcing someone to do something against her/his will.
Informed Consent
Consent means saying "yes," agreeing to something. Informed consent means making an
informed choice freely and voluntarily by persons in an equal power relationship.
Acts of gender-based violence occur without informed consent. Even if she says "yes, this is
not true consent because it was said under duress--the perpetrator(s) used some kind of
force to get her to say yes. Children (under age 18) are deemed unable to give informed
consent for acts such as female genital cutting (FGC), marriage, sexual relations, etc. 5 SSP
101 Gender and Society ⃦ PADS
CYCLE OF VIOLENCE
The cycle of violence refers to repeated acts of violence in a relationship. It starts with
minor incidents and moves on to more serious levels of violence. The cycle of violence may
start in a child who is a victim or witness to violence and may be repeated when the child
becomes an adult.
Phase 1: Tension-Building
The abuser is argumentative, angry, uses yelling, criticism, swearing, and angry gestures.
Sometimes the abuser will use coercion, threats or minor fights may occur. The tension
between the couple gets worse and worse, and the person being abused often feels like
something bad is going to happen. Victims of abuse during this phase sometimes say they
feel like they are walking on eggshells.
Phase 2: Use of Violence – The “Explosion”
As the tension builds, violence is highly likely - the explosion phase. This is when a major
act of violence occurs, including physical and/or sexual attack and threats to harm, as well
as verbal abuse. It is in this phase that injury is most likely to occur or that the police might
come.
Phase 3: “Honeymoon” Period
After the explosion, the abuser feels sorry for the explosion, and acts apologetic and loving.
The abuser might say things like:
• • I’ll never do it again
• • I’m sorry, and I never meant to hurt you
• • I promise I will change
• • I promise I’ll get help
• • I only did it because I was drunk/high/lost my temper, etc.

They may shower gifts on the other person or act like the person you first fell in love with,
and things get better...for a little while. But the honeymoon doesn’t last – the tension starts
all over again, and the cycle continues.
These three phases tend to be repeated over time and may have days, weeks or months
between each. Sometimes the period between phases gets shorter and shorter. This
explains how the three dynamics of love, hope and fear, keep the cycle in motion and make
it hard to end a violent relationship. Often, the longer the relationship lasts, the faster the
cycle will turn – and the worse the abuse gets during the explosion.
This cycle might look exactly like what’s happening in your relationship, or it might not at all.
Either way, the violence is not your fault. You are not responsible for someone else’s
behavior, and you do not deserve the abuse. 6 SSP 101 Gender and Society ⃦ PADS
The impact of being a victim or a witness to violence on a child is traumatic. It can make a
child scared, unhappy, lonely, lose self-confidence, blame themselves, lose sleep, and pick
up fights with peers.
Children should understand that having conflicts is alright, but resolving conflict
through violence is not right. When children understand that violence is not
acceptable, they will grow up into adults who respect other people. Note: Power
and abuse of the same are integral components of GBV. These components
also had an effect to the consent to be given by the survivor. Consent may be
informed or vitiated, on which violence is perpetrated. This violence plays along
a cycle of being overpowered and giving of consent to the detriment of women
and their children.
🗪
Various Laws Promoting Gender Equality
The legal framework provided for by the 1987 Constitution resulted to various legislations
promoting gender equality as follows:
• • Local Government Code of 1991. Provides for the election of sectoral
representation, including women, in local legislative councils.
• • Party List Law. Provides for the creation of women-oriented or women-based
parties to compete under the party-list system (one of the nine marginalized sectors identified
in the law).
• • Labor Code (1989). Covers issues such as: night work prohibition, specifies that
employers must provide special facilities for women, prohibition of discrimination against
women in respect to terms and conditions of employment, and prohibition of discrimination
by reason of marriage of a woman worker.
• • Women in Nation Building Law. R.A. 7192 is an act promoting the integration of
women as full and equal partners of men in development and nation-building. The law
provides that a substantial portion of government resources be utilized to support programs
and activities for women. (The law specifically mandated all agencies to allocate a minimum of
5%, increasing to 30%, of all official development funds in mainstreaming gender concerns).
The law also encourages the full participation and involvement of women in the
development process and to remove gender bias in all government regulations and
procedures.
• • 1988 Comprehensive Agrarian Reform Law. Gave Filipino women the right to
own land that previously reverted to sons and other male family members.
• • Republic Act 7688 (1994). An act giving representation to women in social
security commission.
• • Anti-Sexual Harassment Law. An act declaring sexual harassment to be unlawful
in the employment, education, or training environment. (R.A. 7877)
• • Republic Act 7822 (1995). An act providing assistance to women engaging in
micro and cottage business enterprises.
• • Republic Act 8353 (1997). An act expanding the definition of the crime of rape,
reclassifying the same as a crime against persons.

These laws not only promote gender equality, but also gives protection to women's rights
and enhances women empowerment. Women's rights and women empowerment are very
important to the Philippine society as this ensures inclusive growth and development of our
country. 3 SSP 101 Gender and Society ⃦ PADS
National Programs
A myriad of projects, initiatives, and processes on the gender challenge arose. This
includes the following:
• • Philippine Plan for Gender Responsive Development (1995-2025). The
National Plan for Women that consolidates the action commitments of the Philippines during
the Beijing World Conference on Women. This is the overall frame that is also the point of
reference for the discussions and monitoring of gender mainstreaming.
• • Gender and Development Budget (GAD). Integral to the national plan, it is aimed
at "institutionalizing gender concerns in the mainstream development process and agenda
and not just peripheral programs and projects of the government". Concretely, it prescribes
for the allocation of 5% of the government agency’s/local government unit’s budget on
gender-responsive activities and projects. As a result, implementation of the development
programs and policies of government also means women partaking a role in governance.
As primarily stakeholders in the development process, women have the right to maximize
their involvement in governance, be it at the local or national level.
• • Framework Plan for Women (FPW). This is part of the Philippine Plan for Women
developed to focus on three thrusts, namely: (a) promoting women's economic
empowerment; (b) advance and protect women human rights and (c) promote gender
responsive governance. This plan identifies the concrete gender loses that will be
addressed, pinpoint targets and indicators, name programs, formulates the implementation
plan, and set-up tools for monitoring and evaluation.

Women's Right to Participate

Women's right to vote was granted in 1937. The Constitution of 1935 stipulated that the
right of suffrage would be extended to women, only if 300,000 women voted in its favor
during a national plebiscite. This consolidated the emerging women's movement and “…
brought to the fore the activism of such women as Concepcion Felix de Calderon who
formed the Asociacion Feminista Filipina in June 1905, Rosa Sevilla de Alvero and a young
Trinidad Almeda, Miss Constancia Poblete, founder of Liga Femenina de la Paz, Pura
Villanueva Kalaw and Paz Mendoza Guazon, Pilar Hidalgo Lim, President of the National
Federation of Women's Clubs and Josefa Llanes Escoda, president of the Girl Scouts of the
Philippines (Ugnayan ng Kababaihan sa Pulitika 1998). 4 SSP 101 Gender and Society ⃦ PADS
The General Council of Women was then established in Manila to direct the plebiscite
campaign. Its aim was to draw the support of the broadest number of women. As it turned
out, 447,725 women voted yes in the 1937 plebiscite. Interestingly 44,307 women voted
against the provision. What followed was a colorful history of women's foray into the various
levels of electoral victories, but generally pushed by familial affiliation and elite association.
At present, women's right to vote and participate are maintained and further protected by
existing laws at hand.
Women's Involvement in Civil Society
Women's expressions of involvement in civil society could be through organizing along
gender-specific issues and formation of all-women groups within broad coalitions as power-
enhancing mechanisms Groups such as the PILIPINA feminist movement, the militant
GABRIELA women's group, the Ugnayan ng Kababaihan sa Pulitika (UKP- Network of
Women in Politics), the KILOS KARARO (Act Sisters Coalition), and SIBOL Legislative
Network have trail blazed women advocacies both in policies and in legislations.
There also exist a so-called "Philippine NGO Beijing Score Board which evolved from the
National Steering Committee (NSC) of NGOs for the United Nations Fourth World
Conference on Women, and this lead in the national monitoring of the government's
Implementation of the Beijing Platform for Action.
Along with other women groups and gender-oriented institutions, they have succeeded in
raising gender-specific issues such as domestic violence, prostitution, reproductive health,
sexual harassment, and rape. Intense lobbying efforts by the women's groups resulted in
the passage of several landmark laws, among them is the anti-sexual harassment law in
1995 and the anti-rape act in 1997. The gains of the women's movement are basically
achieved through various partnerships with the rest of the civil society.
Women and Education
The Philippine educational system is a combination of public and private institutions with the
State providing free education for elementary and secondary levels. The Constitution
provides that without limiting the natural rights of parents to rear their children, elementary
education is compulsory for all children of school age... (Article VIX, Section 2). 5 SSP 101
Gender and Society ⃦ PADS
There is no general discrimination of girls in education, thus, there is no marked differences
existing in the educational status of Filipino women and men. One glaring issue is the
gender stereotyping of fields of study and specialization and its onward translation into the
world of work where men generally occupy the highest occupational ranks and the highest
paying positions.
Women's larger responsibility for housework and for the family impedes their ability to use
their educational training and skills for remunerative work.
The topics previously discussed are always timely, relevant and part and parcel of the daily
lives of the Filipinas. These only show the degree of importance that must be given to these
topics.
Violence Against Women and their Children Act (R.A. 9262)
As a response to the need to address the violence women and children experience due to
unequal power relations, Republic Act 9262 was signed on May 8, 2004 by then President
Gloria Macapagal-Arroyo, with full support of women’s rights and feminist groups. Also
known as the Anti-Violence Against Women and their Children Act (VAWC) of 2004, RA
9262 charges tougher penalties for abusive husbands and men and marks the declaration
of the State’s valuation to “the dignity of women and children and guarantees full respect for
human rights”.
Protection Orders
A protection order under the Anti-VAWC Law is defined as:
“…an order issued… for the purpose of preventing further acts of violence against a woman
and her child specified in Section of this Act and granting other necessary relief. The relief
granted under a protection order should serve the purpose of safeguarding the victim,
minimizing any disruption in the victim’s daily life, and facilitating the opportunity and ability
of the victim to independently gain control of her life."
The law enumerates the following reliefs that may be availed of through a protection order:
1. prohibition of the respondent (perpetrator) from threatening to commit or committing
personally or through another, any of the acts penalized by the Anti-VAWC law;
2. prohibition of the respondent from harassing, annoying, telephoning, contacting, or
otherwise, communicating with the petitioner (victim-survivor) directly or indirectly;
6 SSP 101 Gender and Society ⃦ PADS
3. removal and exclusion of the respondent from the residence of the petitioner whether
temporarily or permanently;
4. directing the respondent to stay away from the petitioner and any designated family or
household member at a distance specified by the court;
5. directing lawful possession and use by the petitioner of an automobile and other personal
effect regardless of ownership;
6. granting temporary or permanent custody of a child/children to the petitioner;
7. directing the respondent to provide support to the woman and/or her child if entitled to
legal support;
8. prohibition of the respondent from any use or possession of any firearm or deadly
weapon and order him to surrender the same, including revocation of license and
disqualification to apply for any license to use or possess a firearm;
9. restitution for actual damages caused by violence inflicted including property damage,
medical expenses, and loss of income;
10. directing the Department of Social Welfare and Development (DSWD) or any
appropriate agency to provide temporary shelter and other social services that the petitioner
may need; and
11. provision of other forms of relief as may be necessary to protect and provide for the
safety of the petitioner.

Rights of Victim-Survivors of VAWC

Cases RA 9262 specified the following as rights of the victim-survivors:
“Section 35. Rights of Victims - In addition to their rights under existing laws, victims of
violence against women and their children shall have the following rights:
a• a) to be treated with respect and dignity;
b• b) to avail of legal assistance from the Public Attorney's Office and the Department
of Justice or any public legal assistance office;
c• c) to be entitled to support services from the DSWD and the LGUs (local government
units);
d• d) to be entitled to all legal remedies and support as provided for under the Family
Code; and
e• e) to be informed of their right to apply for a protection order."

The right to privacy of the victim is also provided in the law, and its violation is punishable
by imprisonment and fine. 7 SSP 101 Gender and Society ⃦ PADS
Duties of National and Local Government Offices
Section 39 of RA 9262 provides for the creation of the Inter-Agency Council on Violence
against Women and their Children (IAC-VAWC), which shall formulate gender-sensitive
programs and projects according to their respective agency mandates, including capability
building programs for their employees.
The IAC-VAWC consists of the following agencies DSWD National Commission on the Role
of Filipino Women, Civil Service Commission, Commission on Human Rights, Council for
the Welfare of Children, Department of Justice Department of lnterior and Local
Government, Philippine National Police Department of Health, Department of Education,
Department of Labor and Employment, and National Bureau of Investigation.
The implementing rules and regulations of the Anti-VAWC Act state the following duties and
responsibilities of LGUs or the Barangay in addressing VAWC cases, apart from the
issuances of Barangay Protection Orders:
Section 47. Duties and Functions of Barangay Officials - In order to eliminate violence
against women and their children, barangay officials shall:
a• a. undertake an education program on Republic Act No 9262 and on violence
against women and their children and why it exists, the rights and remedies of victim-
survivors, and the duties of residents and all barangay officials;
b• b. have a family violence prevention program, including peer counseling for men;
c• c. support organizing efforts and development programs for women in the
community;
d• d. prioritize livelihood projects for victim-survivors;
e• e. involve women in planning and implementation of all programs and projects in the
barangay;
f• f. have an Anti-VAWC desk officer in the barangay who shall coordinate a one-stop
help desk. As much as possible, this help desk shall be open for 24 hours;
g• g. ensure that all barangay officials, barangay health workers, barangay nutrition
scholars, other barangay workers, and tanod or barangay security officers undergo gender
sensitivity seminars to enable them to respond to victims of violence;
h• h. develop a system to document and report cases of VAWC and assistance
program to victims thereof; and
i• i. if applicable/necessary, prescribe additional guidelines and standards provided that
these are consistent with the Act.
The roles of the National and Local Government Units are valuable in the implementation of
the VAWC Act. You will realize whether the specific Barangay interviewed was fulfilling its
duties in accordance to law.
8 SSP 101 Gender and Society ⃦ PADS
ACTUAL CASES
The Supreme Court of the Philippines ruled on several cases involving violations of the Anti-
VAWC Act or RA 9262.
CASE 1 (Dinamling vs CA, GR 199522, June 22, 2015)
Ricky Dinamling, a policeman, was in a five-year relationship with AAA. They had two
common children, aged four and two. One night, he went to AAA's boarding house with a
friend after a drinking session. As AAA was putting the children to bed, he started to evict
her for the reason that she was using the place as a "whore house" wherein she "brought
her partners." She did not want to leave, but he threw a baby's feeding bottle outside. She
went to BBB's house and requested to fetch her children. However, Dinamling already left
the boarding house with the older child and only the baby was left.
In the past, he would hit AAA's head, pull her hair, and kick her. When AAA went to the
police, she was merely told that it was a family problem that could be talked over.
Six (6) days after the incident, AAA was at CCC's house when Dinamling arrived. He
shouted and counted down for AAA to come out. When she came out, Dinamling punched
her at the left ear, which subsequently bled. When AAA asked him why he kept on following
her when she already had left him, Dinamling shouted her family name and told her she
was "good-for-nothing." AAA left for the barangay captain's house, but Dinamling caught up
with her and kicked her until she fell to the ground. On the road, Dinamling pulled down
AAA's pants and panty and shouted at her while people looked on. Dinamling then, threw
the pants and panty back at AAA and shouted her family name. Dinamling, then intoxicated,
left on a motorcycle. AAA stayed at her friend's home until she felt some back pain in the
next morning. She found out she was bleeding and about to miscarry so she was
immediately brought to the hospital. There, she was told that she was 19 weeks pregnant
and had an incomplete abortion. She was hospitalized for four days. Dinamling visited her
but showed no remorse over his acts. Dinamling was charged for violations RA No. 9262. 9
SSP 101 Gender and Society ⃦ PADS
CASE 2 (Ang vs CA and Sagud; GR 182835, April 20, 2010)
After receiving from the accused Rustan via multimedia message service (MMS), a picture
of a naked woman with her face superimposed on the figure. Complainant filed an action
against said accused for violation of the VAWC Act or Republic Act (R.A.) 9262.
The sender's cellphone number, stated in the message, was 0921-8084768, one of the
numbers that Rustan used. Irish surmised that he copied the picture of her face from a shot
he took when they were in Baguio in 2003. The accused said to have boasted that it would
be easy for him to create similarly scandalous pictures of her and threatened to spread the
picture he sent through the Internet.
Analysis of the actual cases and identifying the variables above will create a lens for you to
properly assess a given scenario whether abuses and violence are taking place or not.
Summary
The VAWC Act is a landmark legislation championing the cause of women. This specific law
pertains to specific violations captured as four (4) acts of violence defined in the law. Also,
VAWC was considered to be a public crime allowing other persons to file the complaint, not
only the victim-survivor. Further, the law allows protection orders distancing the perpetrator
from the victim and vice versa for several purposes as provided for therein. Importantly,
government units are mandated to provide specific and immediate mechanisms to
respondent appropriately to these VAWC cases
🗪
Equal Protection and Due Process Clause
The 2010 Supreme Court Decision in the "Ang Ladlad case (Ang Ladlad LGBT Party vs.
Comelec GR 190582 8 April 2010) considered the breadth of the equal protection clause in
the Constitution. The court ruled in favor of allowing "Ang Ladlad" to be a party-list
reasoning that:
"From the standpoint of the political process, the lesbian, gay, bisexual, and transgender
have the same interest in participating in the party-list system on the same basis as other
political parties similarly situated. Hence, laws of general application should apply with
equal force to LGBTs, and they deserve to participate in the party-list system on the same
basis as other marginalized and under-represented sectors."
Violence and Discrimination
Despite widespread anecdotal evidence of crimes perpetrated against the LGBTQ+
community in the Philippines, most data on these cases have not undergone official
verification and collation.
In March 2016, the Trans Murder Monitoring Project listed 41 reported cases of transgender
people murdered in the country since 2008.
The case of Jennifer Laude awakened members of the LGBTQ+ of the violence and
discrimination impending against them. This awareness and the opinions culled out must be
known to enable critical thinking and sharing of thoughts and ideas.
Violence and Discrimination against LGBTQ+ Youth in Education
A. Anti-Bullying Act of 2013 (Republic Act 10627)

Republic Act 10627 includes gender-based bullying as a prohibited and punishable act.
Gender-based bullying is defined as "any act that humiliates or excludes a person on the
basis of perceived or actual sexual orientation and gender identity (SOGI).
B. Child Protection Policy 2012

In cases where the bullying is committed by a Principal, teacher or any other school
personnel, the law being violated is Department of Education Order No. 40 on Child
Protection Policy. This policy includes the protection of students from any form of violence
regardless of their sexual orientation or gender identity. 3 SSP 101 Gender and Society ⃦ PADS
 C. Special Protection of Children Against Child Abuse, Exploitation, And
Discrimination Act of 1992 (Anti-Child Abuse Act or Republic Act 7610)

Parents of children who suffer abuse at the hands of teachers or members of the school's
administration violates RA 7610 or the Anti-Child Abuse Act. Such cases can cover
instances of physical, psychological injury, or cruelty on the basis of the child's SOGI.
Violence and Discrimination against LGBTQ+ in the Workplace
A. The Labor Code of the Philippines (PD 442)

The Labor Code is the national law covering employment for the private sector in the
Philippines. With the exception of prohibitions against discrimination of women, it does not
contain any provision that prohibits discrimination on the basis of gender identity,
particularly on the members of the LGBTQ+.
Nonetheless, while the law is quiet on gender identity and expression, it is clear in its
Declaration of Policy (Article 3) that the "State shall afford protection to labor, promote full
employment, ensure equal work opportunities."
Clearly, the mandate for equal opportunity in employment is clear. But, the reality knows a
different picture since members of the LGBTQ+ encounter hardship in accessing work
opportunities because of discrimination.
The absence of a national law that explicitly prohibits discrimination on the issues of gender
identity makes it easier for employers to hide behind fabricated reasons for accepting, firing,
or depriving members of the LGBTQ+ of their employment benefits like policies on uniform,
documents, and use of comfort rooms are used against members of the LGBTQ+
employees and even applicants.
B. CSC No. 01-0940-the Civil Service Commission's Policy on Anti-Sexual
Harassment

The Civil Service Commission Administrative Disciplinary Rules on Sexual Harassment

Cases includes other less grave, punishable offences. These include prohibiting
"derogatory or degrading remarks or innuendoes directed toward the members of one sex,
or one’s sexual orientation or used to describe a person". This Rule applies to all
government entities that fall under the Civil Service jurisdiction.
The policy is important because it explicitly covers derogatory remarks regardless of sex,
sexual orientation, or other remarks that are used as description of a person with an
intention to insult. In addition, this policy for government agencies does not require that the
offender has moral ascendancy over the victim. 4 SSP 101 Gender and Society ⃦ PADS

The fact that the perpetrator and the victim are of the same level or position will
not preclude the victim from filing a case. While gender identity is not specifically
mentioned as a ground, if a LGBTQ+ civil servant is harassed verbally by co-
workers, they would be able to rely on the generic protection from "derogatory
and degrading remarks". Both cases are landmark Supreme Court decisions
involving rights of LGBTQ+. In the case of City of Manila v Laguio, the Supreme
Court upheld adults' right to privacy and included the right to have sexual
relations in the confines of their private lives. In the Gualberto v CA, in a custody
dispute between a husband and wife, the Supreme Court awarded custody of a
four-year old child to his mother despite the father's argument of immorality
against his wife who was "allegedly" in a lesbian relationship. The above
decisions will surely have implications to members of the LGBTQ+ community.
🗪
THEORETICAL PERSPECTIVES OF SEXUAL HARASSMENT
Republic Act No. 7877 or the "Anti-Sexual Harassment Act of 1995" defines work-,
education-, or training-related sexual harassment is committed by an employer, employee,
manager, supervisor, agent of the employer, teacher, instructor, professor, coach, trainor, or
any other person who, having authority, influence, or moral ascendancy over another in a
work or training or education environment, demands, requests, or otherwise requires any
sexual favor from the other, regardless of whether the demand, request for requirement for
submission is accepted by the object of said Act.
Sexual harassment cannot be understood from the perspective of a single theory, but it is
always a combination of different predictors. Previous researchers have looked at sexual
harassment using a number of frameworks including organizational approach, feminist
theory, role theory, and attributional models of sexual harassment. However, all these
models share common basic assumptions and can be labelled as socio-cultural models of
sexual harassment.
Five widely accepted theories of sexual harassment:
1. Natural/Biological Theory

According to this model, men have stronger sex derives, and are therefore, biologically
motivated to engage in sexual pursuit of women. Thus, the harassing behavior is not meant
to be offensive or discriminatory, but is merely the result of biological urges. Its assumptions
include a natural, mutual attraction between men and women, a stronger male sex drive,
and men in the role of sexual initiators. A key strength of the natural/biological perspective
is that it acknowledges the innate human instincts potentially driving sexually aggressive
behavior (Tangri et al. 1982).
2. Sex Role Spillover Theory

This theory is based on the proposition of irrelevant gender-based role expectations that
individuals bring to the workplace in guiding their interactions with women. Men hold role
perceptions of women based on their traditional role in our culture.
When women take jobs outside of these traditional areas to work in the male dominated
workplace, men rely on these gender-based expectations when interacting with women
therefore, perceiving women in their gender role over 3 SSP 101 Gender and Society ⃦ PADS
and above their work role. Therefore, men are more likely to sexualize their experiences,
including work experiences, and are therefore, more likely to make sexual remarks or
engage in sexualized behavior, thus accounting for the fact that women experience more
sexual harassment than men (Barbara Gutek 1982).
3. Organizational Theory

Proponents of this theory propose that one of the central concepts that helps to explain
sexual harassment is power (Cleveland and Kurst 1993). This theory proposes that sexual
harassment results from the opportunities presented by power and authority relations which
derive from hierarchical structures of organizations (Gruber 1992). This perspective
emphasizes that the structure of organizational hierarchy invests power in certain
individuals over others, that can lead to abuse. Thus, sexual harassment is all about
expression of male power over women that sustains patriarchal relations.
4. Socio-cultural Theory

Socio-Cultural theories examine the wider social and political context in which sexual
harassment is created and occurs. According to this perspective, sexual harassment is a
logical consequences of the gender inequality and sexism that already exists in society
(Gutek 1985. Thomas and Kitzinger 1997).
This theory asserts that women's lesser status in the larger society is reflected at the
workplace structures and culture-thus, male dominance continues to be the rule.
Herein, sexual harassment is only one manifestation of a much larger patriarchal system in
which men are the dominant group reflecting the larger society's differential distribution of
power and status between the sexes. The perpetrators of sexual harassment have no
regard for women as an equal human being. Therefore, molesting women is a part and
parcel of male idea of fun in the society.
5. Feminist Theory

According to the feminist perspective, sexual harassment is linked to the sexist male
ideology of male dominance and male superiority in the society. Therefore, feminists’
theories view sexual harassment as the product of a gender system maintained by a
dominant, normative form of masculinity. Thus, sexual harassment exists because of the
views on women as the inferior sex, but also sexual harassment serves to maintain the
already existing gender stratification by emphasizing sex role expectations (Gutek 1985). 4
SSP 101 Gender and Society ⃦ PADS
Relevance of Sexual Harassment Theories
An interpretation of these theoretical perspectives reveals that both biologically, as well as
socio-culturally, men happen to have always occupied a dominant position over women in
societies, of which the workplaces are only a part.
Considerable data have been accumulated confirming that harassment is widespread in
both the public (Culbertson et al. 1992; Fitzgerald el al. 1997) and the private sectors and it
has significant consequences for the employees' health and psychological well-being
(Fitzgerald 1993; Schneider et al. 1997).
Therefore, the vulnerability of women as a weaker sex has traveled towards workplaces and
academe, where it is considered natural and normal for men to be responding sexually
towards women as colleagues, subordinates, and superiors.
Philippine Laws on Sexual Harassment
Republic Act No. 7877, or the Anti-Sexual Harassment Act of 1995, is the governing law
for work-, education-, or training-related sexual harassment. In a work-related or
employment environment, sexual harassment is committed when:
1) The sexual favor is made as a condition in the hiring or in the employment, re-
employment or continued employment of said individual, or in granting said individual
favorable compensation, terms of conditions, promotions, or privileges; or the refusal to
grant the sexual favor results in limiting, segregating. or classifying the employee which in
any way would discriminate, deprive, or diminish employment opportunities or otherwise,
adversely affect said employees;
2) The above acts would impair the employee's rights or privileges under existing labor
laws; or
3) The above acts would result in an intimidating, hostile, or offensive environment for the
employee.

On the other hand, in an education or training environment, sexual harassment is

committed:
1) against one who is under the care, custody, or supervision of the offender;
2) against one whose education, training, apprenticeship, or tutorship is entrusted to the
offender;
3) when the sexual favor is made a condition to the giving of a passing grade, granting of
honors and scholarships, or the payment of a stipend, allowance or other benefits,
privileges, or consideration; or
4) when the sexual advances result in an intimidating, hostile, or offensive environment for
the student, trainee, or apprentice.
5 SSP 101 Gender and Society ⃦ PADS
Sexual Harassment in the Civil Service
Sexual Harassment in the Civil Service is punishable by Civil Service Commission No.
01-0940, also known as Administrative Disciplinary Rules on Sexual Harassment Cases.
Here, sexual harassment can be committed at the following places:
1. in the premises of the workplace or office or of the school or training institution;
2. in any place where the parties were found, as a result of work or education or training
responsibilities or relations;
3. at work, education, or training-related social functions;
4. while on official business outside the office or school or training institution or during
works, school-, or training-related travel;
5. at official conferences, fora, symposia, or training sessions; or
6. by telephone, cellular phone, fax machine, or electronic mail.

The following forms of sexual harassment are committed thru: (1) Physical, (a) Malicious
touching; (b) Overt sexual advances; (c) Gestures with lewd insinuation; (2) Verbal, such as
but not limited to, (a) requests or demands for sexual favors and (b) lurid remarks; (3) Use
of objects, pictures or graphics, letters, or written notes with sexual underpinnings; (4) Other
forms analogous to the foregoing.
Women’s Issues in Development
Women in Development (WID)
By the 1970s, it became clear that women were being left out of development. They were
not benefiting significantly from it and in some instances, their existing status and position in
society were actually worsened by development.
The Women in Development (WID) approached this issue - the exclusion of women from
development program and approaches. WID saw. women as a group that lacks opportunity
to participate in development.
The main task, therefore, was to improve women's access to resources and their
participation in development. The WID approach emphasized the importance of the
integration of women into development programs and planning. Accordingly, this was the
best way to improve women's position in society.
The WID approach, although it had limitations, increased the visibility of women in
development issues. WID was successful in helping secure a prominent place for women's
issues at the United Nations (UN) and other international development agencies. The UN
declared that the decade of 1975 to 1985 to be the decade for 6 SSP 101 Gender and Society ⃦
PADS
women. One of the major achievements of the decade was the establishment of women in
development structures or machineries.
In Zambia, for instance, it was during this time that the Women's League of the United
National Independence Party (UNIP), was formed as the national machinery to address
women's development issues. WID served as the starting point of making known to the
international community that the sector of women has to be part of programs for
development. Likewise, several remarkable programs, activities, and initiatives must be
noted as these also began the strides for women empowerment.
Women and Development (WAD)
As a result of criticisms of the WID approach, the Women and Development approach arose
in the latter part of the 1970s. Adopting a Marxist feminist approach, the main argument of
WAD was that women had always been part of the development processes. WAD asserts
that women have always been important economic actors.
The work they do both inside and outside the household is critical to the maintenance of
society. However, this integration has only served to sustain global inequalities. In other
words, the WID approach that placed emphasis on integrating women into development
was not correct.
The main focus of WAD is on the interaction between women and development processes
rather than purely on strategies to integrate women into development.
WAD saw both women and men as not benefiting from the global economic structures
because of disadvantages due to class and the way wealth is distributed. WAD argued that
the integration of women into development was to their disadvantage and only made their
inequality worse. WAD saw global inequalities as the main problem facing poor countries
and the citizens of those countries.
On the other hand, WAD has been criticized for assuming that the position of women will
improve if and when international structures become more equitable. It sees women's
positions as primarily within the structure of international and class inequalities.
WAD even underplays the role of patriarchy in undermining women's development and
does not adequately address the question of social relations between men and women and
their impact on development. 7 SSP 101 Gender and Society ⃦ PADS
Gender and Development (GAD)
In the 1980s, further reflections on the development experiences of women gave rise to
Gender and Development (GAD).
It brought together both the lessons learned from, and the limitations of the WID and WAD
approaches.
GAD looks at the impact of development on both women and men. It seeks to ensure that
both women and men participate in and benefit equally from development and emphasizes
equality of benefit and control. It recognizes that women may be involved in development,
but not necessarily benefit from it.
GAD is not concerned with women exclusively, but with the way in which gender relations
allot specific roles, responsibilities, and expectations between men and women, often to the
detriment of women.
This approach also pays particular attention to the oppression of women in the family or the
‘private sphere' of women's lives. As a result, we have seen projects develop addressing
issues such as VAW. GAD focuses on the social or gender relations (i.e., the division of
labor) between men and women in society and seeks to address issues of access and
control over resources and power.
GAD goes further than the other approaches in emphasizing both the reproductive and
productive role of women and argues that it is the state's responsibility to support the social
reproduction role mostly played by women of caring and nurturing of children. As such, it
treats development as a complex process that is influenced by political, social, and
economic factors rather than as a state or stage of development.
Practical Approaches to the Development of Women
The Welfare Approach
Until the early 1970s, development programs addressed the needs of women almost
entirely within the context of their reproductive roles. The focus was on mother and child
health, child-care, and nutrition. Population control - or family planning as it later came to
be known - was a major focus as well due to the link made between population growth and
poverty. The focus was clearly on meeting practical needs.
The assumptions that women's position would improve together with general improvements
in the economy, or with the economic positions of their husbands, began to be challenged
as it became clear that women were in fact losing out. 8 SSP 101 Gender and Society ⃦ PADS
Women, as a result, were being increasingly associated with backwardness and the
traditional while men were increasingly identified with modern and progressiveness.
The Equity Approach
Feminist calls for gender equality were important in bringing about this approach, the main
aim of which was to eliminate discrimination. It emphasized the re-valuing of women's
contribution and share of benefits from development. The equity approach also dealt with
both the productive and reproductive roles as a responsibility of government.
The equity approach, in contrast to the welfare approach, saw women as active participants
organizing to bring about necessary changes.
The Anti-Poverty Approach
This approach focuses on both the productive and reproductive role of women with an
emphasis on satisfaction of basic needs and the productivity of women. A key operational
strategy required access to income generation and waged employment. The tendency with
this approach was to reinforce the basic needs and ignore the strategic needs of women.
The Efficiency Approach
The efficiency approach aims to have increased production and economic growth with an
emphasis on full use of human resources. Advocates of this approach argue that gender
analysis makes good economic sense. This is because understanding men's and women's
roles and responsibilities as part of the planning of development activities helps improve
effectiveness and ensures that women, as well as men, can play their part in national
development
The efficiency approach succeeded in bringing the concerns about women and gender into
the mainstream of development. However, this was done with a focus on what women could
do for development, rather than on what development could do for women.
The Empowerment Approach
The aim of the empowerment approach is to increase the self-reliance of women and to
influence change at the policy, legislative, societal, economic, and other levels to their
advantage. Its main strategy is awareness - raising and situates women firmly as active
participants in ensuring change takes place. 9 SSP 101 Gender and Society ⃦ PADS
The empowerment approach has been instrumental in ensuring that opportunities are
opened for women to determine their own needs. However, empowerment has often been
misunderstood to be an end rather than a means. This has resulted in poor women
becoming very knowledgeable about issues while realizing little change to their material
situation, which is often dire.
Summary
✓ Sexual harassment constitutes an extremely important kind of violence which has been
existing and rampant in the Philippines and worldwide. This complex concept consists of
several theories and are punished by Philippine laws.
✓ The Philippine laws on sexual harassment punishes work-related, training, and education
environment sexual harassment. It can happen everywhere. The acts of sexual harassment
are also punishable by law.
✓ WID, WAD, and GAD evolved towards achieving women empowerment since the mid-
19th century and up to present. Aside from that, several practical approaches had been
utilized to underscore the role of women in nation-building and vice versa. The evolution of
these theories and approaches only state that women empowerment is a developing
principle, alongside development of the country.
🗐
🗪
The Primacy of the Decision of the Husband/Father
Under the Article 14 of the Family Code of the Philippines, it is provided that:
"Art. 14. In case either or both of the contracting parties, not having been emancipated by a
previous marriage, are between the ages of eighteen and twenty-one, they shall, in addition
to the requirements of the preceding articles, exhibit to the local civil registrar, the
consent to their marriage of their father, mother, surviving parent or guardian, or
persons having legal charge of them, in the order mentioned. Such consent shall be
manifested in writing by the interested party, who personally appears before the proper local
civil registrar, or in the form of an affidavit made in the presence of two witnesses and
attested before any official authorized by law to administer oaths. The personal
manifestation shall be recorded in both applications for marriage license, and the affidavit, if
one is executed instead, shall be attached to said applications." (Emphasis supplied)
On the administration and enjoyment of community property or conjugal partnership,
Articles 96 and 124 of the Family Code provide that:
"Art. 96. The administration and enjoyment of the community property shall belong to both
spouses jointly. In case of disagreement, the husband's decision shall prevail, subject
to recourse to the court by the wife for proper remedy, which must be availed of within five
years from the date of the contract implementing such decision xxx"
"Art. 124. The administration and enjoyment of the conjugal partnership shall belong to both
spouses jointly. In case of disagreement, the husband's decision shall prevail, subject
to recourse to the court by the wife for proper remedy, which must be availed of within five
years from the date of the contract implementing such decision xxx" 3 SSP 101 Gender and
Society ⃦ PADS
On the exercise of parental authority over the person and legal guardianship over the
property of common children, Articles 211 and 225 of the Family Code state that:
"Art. 211. The father and the mother shall jointly exercise parental authority over the
persons of their common children. In case of disagreement, the father's decision shall
prevail, unless there is a judicial order to the contrary x x x" (Emphasis supplied.)
Art. 225. The father and the mother shall jointly exercise legal guardianship over the
property of the unemancipated common child without the necessity of a court appointment.
In case of disagreement, the father's decision shall prevail, unless there is a judicial
order to the contrary. x x x" (Emphasis supplied)
Higher Burden on Women/Wives than Men/Husbands
The crimes of adultery and concubinage include the concept of marital infidelity.
• • Adultery involves a wife who engages into sexual intercourse with a man not her
husband.
• • Concubinage involves a husband who has:

(1) sexual intercourse with a woman not his wife under scandalous circumstances;
(2) kept another woman in the conjugal home; or
(3) cohabiting with another woman in another dwelling.
Here, for the crime of adultery to be proven the mere sexual intercourse with a man not her
husband will suffice. In contrast, for the crime of adultery the sexual intercourse must be
committed under scandalous circumstances not a mere sexual intercourse.
The wife in an adultery case incurs a higher penalty than that for the erring husband in
concubinage. A penalty of imprisonment is also imposable on paramour in adultery, but only
the penalty of destierro or banishment falls on the concubine in concubinage
Forgiveness Clause in the Crime of Rape (R.A. 8353 or The Anti- Rape Law)
The Anti-Rape Law (RA 8353) contains a clause that can easily exonerate the offender and
further endanger the victim. In the law, it was stated that "subsequent valid marriage
between the offender and the offended party shall extinguish the criminal action or the
penalty imposed." This gives an easy way out for the offender, which in effect, does not bar
him from committing the crime. 4 SSP 101 Gender and Society ⃦ PADS
Further, it also recognizes that "if the offender is the legal husband x x x the subsequent
forgiveness by the wife who is the offended party x x x shall extinguish the criminal action or
the penalty."
This perpetuates violence under the shroud of marriage which can perpetuate these kinds
of abuses for a long period of time.
Exclusive Definition of Prostitution
Article 202 of the Revised Penal Code, amended by Republic Act No. 10158, retained the
decades-old definition of prostitutes as "women who, for money or profit, habitually
engaged in sexual intercourse or lascivious conduct x x x".
Following this definition, a man who peddles sexual acts for profit, is in effect, invisible in the
eyes of law, thus, making the actor thereof immune to imprisonment.
Critique on the Responsible Parenthood and Reproductive Health Act
As you will notice, it is quite common for your grandparents have seven (7) or eight (8)
siblings. Some even have more. This is not the commonplace nowadays, as most couples
settle for two (2) or three (3) kids, that is why most of you have few siblings unlike previous
times. This phenomenon is very simple-rearing children became costly in terms of time and
resources.
The items mentioned are the essentials that babies must use during their early months.
Knowing the costs of these items will enable you to assess whether you are prepared to
become a parent or not.
Rationale of the RH Law
The “Responsible Parenthood and Reproductive Health Act of 2012” or RA 10354, also
known as the “RH Law" was primarily enacted on a vision that the poor will have access to
Reproductive Health (RH) goods and services which they cannot afford. With this law, the
poor will likely have sufficient access to information about the proper use and effectiveness
of these RH products.
Apparently, the failure of the market of RH goods and services to reach marginalized
women compelled the Philippine Government to step in and initiate measures to address
this occurrence.
However, RH Law was depicted by paintings of promoting abortion and abortifacient
products - thus, sinful and frowned upon by the Catholic Church. 5 SSP 101 Gender and
Society ⃦ PADS
Elements of RH Law
The elements of the recently enacted RH Law are as follows:
(1) family planning information and services;
(2) maternal, infant, and child health and nutrition, including breast feeding:
(3) prevention of abortion and management of post-abortion complications;
(4) adolescent and youth reproductive health guidance and counseling:
(5) prevention and management of reproductive tract infections (RTI), HIVIAIDS, and STIS;
(6) elimination of Violence against Women and their Children and other forms of sexual and
Gender-based Violence;
(7) education and counselling on sexuality and reproductive health;
(8) treatment of breast and reproductive tract cancers and other gynecologic conditions and
disorders;
(9) male responsibility and involvement and men's RH;
(10) prevention, treatment, and management of infertility and sexual dysfunction;
(11) RH education for the adolescents; and
(12) mental health aspect of reproductive health care.

Salient provisions
• • Midwives for skilled birth attendance: The law mandates every city and
municipality to employ an adequate number of midwives and other skilled attendants.
• • Emergency obstetric care: Each province and city shall ensure the establishment
and operation of hospitals with adequate facilities and qualified personnel that provide
emergency obstetric care.
• • Hospital-based family planning: The law requires family planning services like
ligation, vasectomy, and intrauterine device (IUD) placement to be available in all
government hospitals.
• • Contraceptives as essential medicines: Reproductive health products shall be
considered essential medicines and supplies and shall form part of the National Drug
Formulary.
• • Reproductive health education: RH education shall be taught by adequately
trained teachers in an age-appropriate manner.
• • Employers' responsibilities: Employers shall respect the reproductive health
rights of all their workers. Women shall not be discriminated against in the matter of hiring,
regularization of employment status, or selection for
6 SSP 101 Gender and Society ⃦ PADS
• retrenchment. Employers shall provide free reproductive health services and
education to workers.
• • Capability building of community-based volunteer workers: Community-based
workers shall undergo additional and updated training on the delivery of reproductive health
care services and shall receive not less than 10% increase in honoraria upon successful
completion of training.

Prohibited Acts
The law also provides for penalties for persons who perform certain prohibited acts such as
the following:
• • knowingly (with malicious intent) withholding or impeding the dissemination of
information about the programs and services provided for in this Act intentionally giving out
incorrect information;
• • refusing to perform voluntary ligation and vasectomy and other legal and medically-
safe reproductive health care services on any person of legal age on the ground of lack of
spousal consent or authorization;
• • refusing to provide reproductive health care services to an abused minor and/or an
abused pregnant minor, whose condition is certified to by an authorized DSWD official or
personnel, even without parental consent particularly when the parent concerned is the
perpetrator, refusing to extend reproductive health care services and information on account
of the patient's civil status, gender or sexual orientation, age, religion, personal
circumstances, and nature of work: Provided that all conscientious objections of health care
service providers based on religious grounds shall be respected: Provided, further, that the
conscientious objector shall immediately refer the person seeking such care and services to
another health care service provider within the same facility or one who is conveniently
accessible: Provided, finally, that the patient is not in an emergency or serious case, as
defined in RA 8344, penalizing the refusal of hospitals and medical clinics to administer
appropriate initial medical treatment and support in emergency and serious cases; and
• • requiring a female applicant or employee, as a condition for employment or
continued employment, to involuntarily undergo sterilization, tubal ligation, or any other form
of contraceptive method.
7 SSP 101 Gender and Society ⃦ PADS
Legislating RH
The road to the enactment of the RH Law was a painstaking path. The main blockade was
the constitutional provision, particularly that provided in Article II, Section 12 of the 1987
Constitution which mandates that:
“The State recognizes the sanctity of life...It shall equally protect the life of the mother and
the life of the unborn from conception."
In this regard, the 1987 Constitution itself mandates that the Philippine Government must
recognize the importance of life and protect the life of the mother and unborn.
In as much as artificial family planning methods (i.e., IUDs, condoms) are labeled as "anti-
life" and against conception, these are interpreted to be against the sanctity of life making
them contrary to the said fundamental law of the land. In addition, these “pro-life" groups
strongly advocate the use of natural methods (i.e., abstinence, calendar methods).
On the other hand, advocates of the RH Law counter this concept of proliferating abortion or
abortifacient products by scientific findings which claimed otherwise.
What these debates are missing out is clearly the spirit of the law to allow women to choose
freely whatever method of family planning is fit and appropriate to them. Claiming that one
is better as compared to the other delimits these supposedly “free choice” that women truly
deserve.
The long political battle
Talks about a unified reproductive health policy had been roaming the spheres of the
Philippine Government way back the 1960s with the creation of a Population Commission is
a measure of population control to manage high fertility rates and alleviate poverty.
Henceforth, the backlash of the CBCP was unrelenting.
The RH Law, which was finally enacted in 2012, was a product of a 14-year struggle. After
its enactment, lobbyists of this law thought that victory was already achieved. However, in
March 2013, the law was challenged before the SC of the Philippines, delaying its full
implementation. A year after, the law was held to be valid, except for clauses therein, that
allowed minors to access reproductive health services without the written consent of a
guardian and penal measures for government officials who did not implement the law. 8 SSP
101 Gender and Society ⃦ PADS
In 2015, a further temporary restraining order (TRO) issued again by the nation's SC
prevented the Food and Drug Administration (FDA) of the Philippines from procuring,
distributing or issuing new certificates of product registration on more than 50 different
contraceptives, allowing many licenses to eventually expire.
The TRO was launched after the FDA registered a contraceptive implant called Implanon,
which accordingly, could be used to induce abortion. Two (2) years after the said TRO, the
FDA then certified that Implanon and Implanon NXT are not abortifacients. With the TRO
finally lifted, the Department of Health now freely distributes contraceptives to their regional
offices and to various NGOs.
Summary
✓ The Family Code, which contains marital laws and provisions, include provisions which
depict gender inequality. Legislations on "Same Sex Marriage" are good initiatives to
address this issue on gender inequality in marital laws. Criminal laws are not that different
as clearly, some provisions therein, favor the male sex over the female sex. Worse, this
pertains to crimes, involving penalties for imprisonment.
✓ The "Responsible Parenthood and Reproductive Health Act of 2012”, or RA 10354 was
truly a landmark legislation which has the noblest intention of allowing women, especially
those who are poor, to have a choice on their family planning methods.
✓ It is a given that the Catholic Church will vehemently oppose this move and will keep
doing so because of what they believe in and what they fight for. This exercise of arguments
only strengthens our democratic institutions and citizenry as more people become aware of
what the law is all about and what it provides.
✓ No matter the debates and the long winding journey, the RH Law is now implemented
and it is expected that all actors must comply to the same. As can be seen, the RH Law is
replete with substantial provisions envisioning an empowered Filipino woman with choices
in her life
🗐
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Gender and Labor
Women face different constraints from men in the labor market. This is recognized in
Republic Act 9710, known as the Magna Carta of Women, enacted in 2009. This act
recognizes that equality of men and women entails the abolition of the unequal structures
and practices that perpetuate discrimination and inequality. In connection with employment,
the Philippine Commission on Women (PCW) indicates that the Magna Carta of Women will
level the playing field by making productive resources and economic opportunities equally
available for both men and women. It is further noted that generally, women do not control
family properties and decision making-rights on the use of income, further limiting
opportunities to break the poverty cycle.
EMPLOYMENT SECTORS
Agriculture
Women farmers do not have an equal opportunity to acquire land or register it in their own
names. They have fewer inheritance rights than male farmers. Land ownership is important
not only to women's ability to earn income, but also as a source of empowerment and
autonomy within the household. Their lack of land also affects their ability to gain access to
credit facilities.
Women are also hindered in their access to extension services; skills development,
including training in management and marketing skills; and improved farming equipment.
They require special assistance to achieve equal access, and this can be achieved through
gender-specific action plans that target the needs of women farmers and gender
mainstreaming that is monitored for effectiveness to ensure that women share appropriately
in the sector's growth. 3 SSP 101 Gender and Society ⃦ PADS
Industry and Manufacturing
The number of women working in economic zones is estimated to represent 64% of total
employment and may be much higher in some industries, such as electronics and apparel
(World Bank 2011a). Women's share of employment in the export-processing zones is
much greater than women's share of the labor force as a whole, and the conditions of
employment are of concern.
Reports suggest that working and living conditions are poor, that women find it difficult to
obtain work while pregnant and after the birth of their baby, and that unionization is
uncommon.
Tourism
It appears that tourism planning has not included women or has had insufficient regard for
gender issues. Within the tourism industry, relatively few women have the educational
qualifications or foreign language skills to compete for front of house positions in the hotel
industry, as tour guides, or in travel agencies, and women are more likely to be employed
as housekeepers, waitresses, or similar low-level positions.
Targeted educational programs could provide women with the necessary qualifications to
climb the job ladder, which could progressively help to rectify the imbalance between work
opportunities for men and women and eliminate gender gaps in tourism employment.
Business Processing Outsourcing
The Philippines' Information Technology-Business Process Outsourcing Road Map 2011-
2016 is not gender-responsive and does not address women's constraints in accessing
higher-paid work in non-voice services or the likely growth in information technology and
engineering.
These matters, as well as the pay differentials between men and women and employment
conditions, require specific government attention.
Government Services
Public sector employment is an important source of jobs with better pay and conditions for
women than many other industrial sectors, but women are constrained by being
predominately employed in traditional, gender-stereotyped care sector government
occupations such as health and education, and they are under-represented in the higher-
paying subsectors. 4 SSP 101 Gender and Society ⃦ PADS
The Philippines has strong gender mainstreaming programs, which has given women
greater access to government employment generally, but women in the civil sector may still
be underpaid, given their levels of education, experience, and ability.
Entrepreneurship
There has been a rapid surge in the number and proportion of female entrepreneurs in
developing countries. Studies indicate that female-led MSMEs increase employment
opportunities for women and contribute to wider development goals. One survey indicated
that women entrepreneurs are more likely than men to be motivated by necessity; these are
livelihood-oriented entrepreneurs attempting to escape unemployment.
Salient Policies on Gender Equality in the Labor Market
The Philippines has ratified 34 International Labor Organization (ILO) conventions and is
party to all of the fundamental United Nations human rights covenants and conventions.
The country's 1987 Constitution has enshrined these rights in Section 3, Article XIII (Bill of
Rights), and in Section 14, Article II, which ensures fundamental equality of women and
men before the law.
Article 3, Chapter 1 of the Labor Code, as well as Republic Acts 6725, 7192, 7877, and
8551, all provide for fundamental human rights protection, including anti-discrimination
provisions, and they ensure fundamental equality, prohibition of sexual harassment, and
temporary special measures. The Philippines' Anti-Sexual Harassment Act No. 7877 of 8
February 1995 is an example of good legislative practice.
The Magna Carta of Women (Republic Act 9710) is an overall legislative framework that
articulates the specific rights, needs, and support required by women in their general and
working lives. Although the Magna Carta of Women provides a good legislative framework,
implementation issues remain. Filipino women often do not know about their rights, and the
complaints system is confusing even if they do.
In 2012, the Philippines became the first country in Asia to ratify the ILO Domestic Workers
Convention, 2011 (No. 189). In early 2013, President Aquino also signed a new law,
Republic Act 10361 known as the "Batas Kasambahay" (Domestic Workers Act) in order to
better protect this large group of mostly young, female workers. 5 SSP 101 Gender and Society ⃦
PADS
Gender and Media
According to the Philippine Statistics Authority, 81% of Filipinos watch the television and it
still remains to be the most used and trusted source of information in our country. We watch
TV for entertainment and information through TV soap operas', news, and entertainment
programs. We become passive consumers of what TV has to offer; information, shock,
humor, and etc. Therefore, the media influences our perception on different topics. It is
important for us to look deeply into what it presents or fails to represent of our everyday
realities.
Media Representation
Media representation is how the media presents or frames "aspects of society, such as
gender, age, or ethnicity" (BBC 2019). It is important because it shapes the audiences
knowledge and understanding and will contribute to their ideas and attitudes.
Because of our exposure to television, the media ultimately represents our social realities
as it mirrors the ideologies, belief systems, and stereotypes. There are many factors
affecting media representation, after all, what we see in the television has already gone
through a long process wherein many people are involved.
The people behind the production of the content have their own ideology, ideas, and beliefs,
and that greatly contribute to what we see in the media. Media producers, editors, directors,
writers, and a networks' values reflect through its content.
Since TV uses one way mode of communication wherein feedback is rarely received or
encouraged, more often we are left on our own to process the ideas and opinion directed
towards us the viewers. We passively laugh at stereotypes, not giving it a second thought.
Media Stereotype
Media stereotypes are simplified representations of a person, groups of people or a place,
through basic or obvious characteristics which are often exaggerated" (BBC 2019).
Although stereotypes can help people connect with the content as they reflect it in their own
realities, it can have negative effects on disadvantaged groups like the LGBT community by
reinforcing negative and even false stereotypes. 6 SSP 101 Gender and Society ⃦ PADS
The LGBT community are highly misrepresented in the Philippine media. There are many
stereotypes of the LGBT in the media and most are not flattering. Often they are used as a
comic relief in their portrayal of the loud and boisterous "bakla", the straight male who acts
like a "bakla" with exaggerated gestures, the sex-deprived muscular male homosexual, or
the awkward "tomboy" who eventually becomes a feminine woman after meeting the man of
her dreams.
There are very few LGBT main characters in the international television and even very
scarce in the Philippine Television. They are often relegated as sidekicks, victims, or
villains. Although there are a few LGBT celebrities in the Philippines who are out and proud
of their sexual orientation such as Boy Abunda, Vice Ganda, Aiza Seguerra, and Jake
Zyrus, their sexuality is rarely the focus of the programs they are in.
In fact, references on LGBT topics in children shows cause controversy so they are omitted
in the broadcast. Such is the case of Glee, a popular American TV show that featured
teenagers who are gay and lesbian. The gay kiss was omitted in the Philippine broadcast,
although it was seen as a milestone in the international media.
News outfits followed popular ideologies of portraying homosexuality as a sickness. The
AIDS pandemic in the 70's also added to the negative stereotyping of the gay male as a
sexual deviant. However, due to the pressure coming from the Gay and Lesbian Liberation
Movement in the 1970s, the international media was forced to recognize and set media
standards for LGBT News coverage.
In the Philippines, there is a lack of awareness on SOGIE among media practitioners as
they are often left confused on the LGBT terms and labels. Most news from the LGBT
community are often on coming out stories of celebrities (Aiza Siguerra, Jake Zyrus, and
Rosana Roses), Pride March events, hate crimes, and controversies.
Media coverage of the LGBT community in the Philippines went from no-coverage, ridicule,
censorship, to limited portrayal. However limiting, it is taken as a sign of greater social
acceptance as compared to its total black out just decades ago.
There are landmark TV shows about the LGBT community such as My Husband's Lover
(2013) and The Rich Mans Daughter (2015). There are also a handful of LGBT themed
movies that featured the different aspects of the LGBT person from realization of their
sexual orientation, their coming out, to their acceptance in their families and communities. 7
SSP 101 Gender and Society ⃦ PADS
Gender and Activism
Our society is now advocating towards equal rights for everyone through the Universal
Declaration of Human Rights (UDHR) which was drafted in 1948 by all countries who are
members of the United Nations. It acknowledges that everyone, including LGBT people, is
equal in dignity and in rights. Although most countries no longer punish or outlaw
homosexuality, there is still much to be done for the LGBT people to fully enjoy their human
rights.
Understanding Heteronormativity
Heteronormativity means "of relating to, or based on the attitude that heterosexuality is the
only normal and natural expression of sexuality". Put more simply, it is when we assume
that everyone is heterosexual or straight and that it is the standard for everyone.
With a heteronormative point of view, straight people are placed at a privileged group by
viewing them as the standard or normal. Anyone who does not adhere to that standard are
viewed as lesser, like women who love women (lesbians), men who love men (gays),
people who love men or women (bisexuals), people who feel that they do not belong to their
biological sex (transgender), and other people who reject the notion of gender binaries
(male/female, masculine/feminine).
Heteronormativity has been so ingrained in our social and political institutions that it has
almost become invisible. Most people unknowingly subscribe to heteronormative standards
just because that is the way it has always for them. Like assigning blue for boys and pink for
girls. But what happens when a boy wants pinktoys? They are reprimanded and criticized in
a process called normalization.
This normalization limits a person's choices and freedoms. For the LGBT, it means they are
marginalized, treated as inferior, discriminated on, branded as abnormal, and are treated as
second class citizens. This leads to homophobia, transphobia, biphobia, prejudice,
discrimination, violence, and other hostile acts towards the LGBT people.
One example of heteronormative violence is the murder of LGBT men and women during
the Nazi holocaust. In present day, it means punishing LGBT children for expressing who
they are or being vocal about who they are attracted to. In the workplace, it could mean
being fired or not being promoted just because you are not straight. At home it could mean
being disowned by our family because you are LGBT or being bullied by your family
because you are not masculine enough or feminine enough. In politics, it manifests in
policies denying LGBT their freedom such as anti-sodomy laws in many countries where
being LGBT is a crime 8 SSP 101 Gender and Society ⃦ PADS
punishable by imprisonment or death. It could also mean the absence of laws that would let
LGBT live a full life like being able to marry the person they want to marry or enjoying the
same rights and privileges that straight families have.
Challenging heteronormativity through activism
Heteronormativity is a social construct and history has proven society's changing attitudes
on homosexuality. History showed us the egalitarian acceptance of homosexuality in the
ancient hunter-gatherer civilizations, the violent erasure of the gender deviants, and
condemnation of homosexuality with the spread of Abrahamic Religion (Jews, Christians,
Muslims, and other religions who believe in one god; the god of Abraham).
LGBT activism have had various social movements to advocate for LGBT people's equal
rights (2000), liberation (1960's-1970s), and self-acceptance through the homophile
movement (1950s). These social movements engaged in political and social activism
through street rallies, pride marches, law lobbying, engaging the media, arts, research, and
many other activities that empower the LGBT community.
Dissent is so powerful it can make significant changes in our society. Breaking the culture of
silence on the daily heteronormative violence that are committed and condoned by society
is the first step towards social change. We can start by refusing to participate in
heteronormative violence towards the LGBT and participating in various events for the
LGBT Community.
• • May 17 - International Day against Homophobia and Transphobia -IDAHOT
• • May 31 - International Transgender Day of Visibility
• • November 20 - Transgender day of Remembrance
• • June - June Pride Month

Gender and Education

The UNICEF (2011) report on adolescence show that while there is already an increase in
access to education for all genders, there remains to be many girls and women who are
unable to go to school.
However, interesting trends can be observed from the 2013 Functional Literacy, Education,
and Mass Media Survey (FLEMMS). This study showed that there are more males (4.6 in a
1000) children aged 6 to 14 who are able to attend school compared to females (2.4 in a
1000). However, for people aged 15 to 24, there are actually more females (24 in a 1000)
who are able to go to school compared to males (11.2 in a 1000) (Philippines Statistics
Authority 2015). This 9 SSP 101 Gender and Society ⃦ PADS
may mean that while there are more males who are able to receive basic education, there
are more females who are able to proceed to higher education.
Practically, this only shows that interventions towards making education accessible to
women and men may also differ, e.g., encouraging younger girls to go to basic education,
and providing opportunities for men to earn a college degree.
Gender and Health
Another basic social service we all need is health service. Health, according to World Health
Organization, does not only mean absence of diseases but a state of well-being. The
Department of Health of the Philippines follows a cluster approach in health, wherein there
are more primary clusters: (a) public health, (b) water sanitation and hygiene, (c) nutrition,
and (d) mental health and psychosocial support.
Males and females have unique reproductive health needs. This also means that in terms of
health services, all genders should be able to access services. In turn, health services
should also be gender-responsive.
Gender and Mental Health
One of the most prevalent issues facing adolescents nowadays is mental health. The
changing environment also brings forth stressors that are not existing before. People are
challenged to pay attention not only to their physical health, but also to their psychological
wellness.
In the context of gender and sexuality, some issues faced by humans related to their
sexuality and to the roles they assume in the society are mental/psychological in nature.
Some of these issues are as follows:
• • coping with sexual and reproductive health issues (teen pregnancy, STD/HIV,
confusion and doubt);
• • psychological impacts of SOGIE-related concerns and gender roles and
expectations;
• • psychosocial concerns emerging from intimate/romantic relationships; and
• • psychological trauma from GBV.

Hence, there is also a need to establish systems so people would have access to services
that address these issues. In schools, for instance, there are counselors (trained
professionals who has a master's degree in counseling and 10 SSP 101 Gender and Society ⃦
PADS
have seated and passed a licensure in counseling) who deal with students' mental health
concerns. In some other schools and workplaces, there are also psychologists (trained
professional who have a master's degree in psychology and have seated and passed a
licensure in psychology), social workers (trained professionals with license in social work),
and psychiatrists (a medical doctor with specialization in psychiatry), who are able to
provide additional and more specialized help.
Summary
✓ Gender, gender equality, and labor market are very important principles and are related
to one another. Gender equality is not properly implemented in the labor market as women
still are treated with disfavor and discrimination. Policies are in place to address gender
inequality, but still the issue persists and prevails even up to present.
✓ Media representation of the LGBT is a double-edged sword. These stereotypes can
make people appreciate the existence of LGBT people, however, it can lead them to
overgeneralize and trivialize their realities. It is important to learn how to spot a stereotype
in the media so we can be critical on the false representations of real people.
✓ Heteronormativity, as a social construct, can be undone through activism. Social change
may not be something that happens right away, but decades of LGBT struggle has proven
that change can happen. You do not have to be an LGBT to fight for equal rights. You just
have to be a human being who believes in freedom and equality for all.
✓ As our course culminates, this lesson only underscores that Gender and Sexuality
principles are not only exclusive to those people who are specializing in these topics. In
fact, having a clear and solid gender lens will help us perform our tasks better, in whatever
field of expertise we are in. This lesson emphasizes that in various spheres, making sure
that unique issues, concerns, and needs of women, men, and the LGBTQ+ shall bring us
closer to our desire to promote human rights and uphold human dignity