Module 2 - Legal Basis of Gad - For Student-1

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Republic of the Philippines

CARLOS HILADO MEMORIAL STATE COLLEGE


Office of Gender and Development

MODULE 2: LEGAL
BASIS OF GAD
IMPLEMENTATON
GENDER AND DEVELOPMENT AND THE GREEN CULTURE
(GAD GRC)

 Template by: Shiegfred L. Tan


I. CHED Establishing The Policies and
Memorandum Guidelines on Gender and
Order No. 1 Development in the
Commission on Higher
Series of 2015:
Education (CHED) and
Policies and Higher Education Institutions
Guidelines on (HEIS)
Gender and
Development
Legal Basis
GENDER for GAD - AND
AND DEVELOPMENT RA 8250 General
THE GREEN CULTUREAppropriations Act of 1997 GADGRC
GADGRC
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.
Legal Basis for GAD – CMO GADGRC
CEDAW

often described as an International Bill of


Rights for Women
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
GADGRC
CEDAW’s definition of 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."
GADGRC
CEDAW member states commitment:

 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.

GADGRC
Beijing Platform for Action

Mission Statement

EQUALITY is a matter of human rights and a


condition for social justice.

GADGRC
Beijing Platform for Action

 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.
 State parties also agree to take appropriate measures
against all forms of traffic in women and exploitation of
women
GADGRC
1987 Constitution of the
Republic of the Philippines

 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)

GADGRC
Republic Act 7192 – Women in Nation
Building Act

An act promoting the


integration of women as full
and equal partners of men in
development and nation
building and for other purposes.
Legal Basis for GAD: RA 7192 Women in Development and Nation Building Act GADGRC
Republic Act 7192

Section 1. Title
This Act shall be cited as the “Women in
Development and Nation Building Act.”
Section 2. Declaration of Policy
The state recognizes the role of women in nation
building and shall ensure the fundamental equality
before the law of women and men. The state shall
provided women rights and opportunities equal to
that of men.
Legal Basis for GAD: RA 7192 Women in Development and Nation Building Act GADGRC
Republic Act 7192

Section 3. Responsible Agency


The National Economic and Development
Authority (NEDA) shall primarily be responsible for
ensuring the participation of women as recipients
in foreign aid, grants and loans. It shall determine
and recommend the amount to be allocated for
the development activity involving women.
Legal Basis for GAD: RA 7192 Women in Development and Nation Building Act GADGRC
Republic Act 7192

Section 4. Mandate
The NEDA, with the assistance of the National
Commission on the Role of Filipino Women, shall
ensure that the different government
departments, including its agencies and
instrumentalities which, directly or indirectly,
affect the participation of women in national
development and their integration therein.
Legal Basis for GAD: RA 7192 Women in Development and Nation Building Act GADGRC
Comprises the major
statutory guidelines that
all Responsible Agencies
II. RA 9710: are expected to pursue
Magna Carta of and implement, guided
Women (MCW) principally by the
Philippine Commission on
Women (PCW).

RA 9710
GENDER - DEVELOPMENT
AND Magna Carta ANDof Women
THE GREEN CULTURE GADGRC
GADGRC
Republic Act 9710 – Magna Carta for Women

 enacted in September 2009, is the local translation


of the provisions of the CEDAW and BPFA
 The Philippine Commission on Women (formerly the
National Commission on the Role of the Filipino
Women), is a government agency the intention of
promoting and protecting the rights of the Women
in the Philippines.
RA 9710 – Magna Carta of Women GADGRC
MCW’s identified mandates to CHED:

a. develop and promote 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
RA 9710 – Magna Carta of Women GADGRC
MCW’s identified mandates to CHED:

d. 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
RA 9710 – Magna Carta of Women GADGRC
MCW’s identified mandates to CHED:

e. promote partnerships between and among


players of the educational sector
f. guarantee that educational institutions provide
scholarship programs for marginalized women
and girls set the minimum standards for
program and institutions of higher learning.

RA 9710 – Magna Carta of Women GADGRC


CHED GAD FOCAL COMMITTEE

 July2, 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).
GADGRC
CHED GAD FOCAL COMMITTEE

 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..
GADGRC
GENDER MAINSTREAMING (GAD)

 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

GADGRC
GENDER MAINSTREAMING (GAD)

 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

GADGRC
GENDER MAINSTREAMING (GAD)

 necessitatesthe transformation of institutional


structures, culture and practices wherein
gender concerns become central instead of
remaining as peripheral issues and concerns

GADGRC
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.
GADGRC
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.

GADGRC
Becoming part of the mainstream means:

 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

GADGRC
Entry Points of Gender Mainstreaming

 There are four critical entry points to GAD


mainstreaming, namely: Policies, Programs and
Projects, 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.
GADGRC
Levels of Gender Mainstreaming

 Level 1: Foundation Formation


 Level 2: Installation of strategic mechanisms
 Level 3: GAD Application
 Level 4: Commitment enhancement and
institutionalization
 Level 5: Replication and Innovation

GADGRC
An act appropriating
funds for the operation of
the government of the
III. RA 8760 Republic of the
General Philippines from January
Appropriations Act one to December thirty
of 2000 one, two thousand, and
for other purposes.

Legal Basis
GENDER for GAD - AND
AND DEVELOPMENT RA 8760 General
THE GREEN CULTUREAppropriations Act of 2000 GADGRC
GADGRC
Republic Act 8760: General Appropriations
Act of 2000
 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.
Legal Basis for GAD - RA 8760 General Appropriations Act of 2000 GADGRC
Republic Act 8760: General Appropriations
Act of 2000

 The cost of implementation of the GAD Plan


shall be at least five percent (5%) of the
agency’s total FY 2000 budget appropriations.

Legal Basis for GAD - RA 8760 General Appropriations Act of 2000 GADGRC
Republic Act 8760: General Appropriations
Act of 2000

 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.

Legal Basis for GAD - RA 8760 General Appropriations Act of 2000 GADGRC
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/republi
c-act-no-9710/

Legal Basis for GAD GADGRC

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