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MODULE IN GENDER AND SOCIETY

UNIT IV
POLITICAL-LEGAL PERSPECTIVE IN GENDER AND SEXUALITY

OBJECTIVESLESSON 13
GENDER-BASED VIOLENCE: SUVIVOR, VICTIMS, PERPETRATOR AND HUMAN RIGHTS OBJECTIVES

At the end of this lesson, the student should be able to:

• Define gender-based violence;


• Determine the relationship between human rights and gender-based violence; and
Show understanding of gender-based violence as a human rights issue.

SET OFF

Have you experienced or witnessed a violent incident? Share the story in your class.

ON LOOK

1. Who is the victim and perpetrator in the said incident?


_______________________________________________________________________________________________
_
_______________________________________________________________________________________________
_
2. What do you think are the consequences of this kind of violence to the social, economic and
health aspect of persons involved?
_______________________________________________________________________________________________
_
_______________________________________________________________________________________________
_
_______________________________________________________________________________________________
_

GRASP

Gender-based violence is one of the most widespread and human rights abuses, but least
recognized in the world. It has devastating consequences not only for the victims, but also to society as a
whole. (Sigal et.al 2013) it results in physical, sexual and psychological harm to both men and women and
includes any form of violence or abuse that targets men or women on the basis of their sex.

In the Philippines, GBV has clearly been placed in the realm of women’s human rights over the past
decade. Prior to 1993, most governments regarded violence against women largely as private matter
between individuals. (Loi et.al 1999).
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GBV experienced by women and girls refers to battering and other forms of intimate partner
violence includingmarital rape, sexual violence, dowry-related violence, female infanticide, sexual abuse
of female children in the household, honor crimes, early marriage, forced marriage, female genital cutting
and other traditional practices harmful to women, sexual harassment in the workplace and educational
institutions, commercial sexual exploitation, trafficking of girls and women, and violence perpetrated
against domestic workers. (USAID 2009)

GBV cuts across public and private spheres, including: home, school, and work, and takes place
during peacetime and conflict. It is both a human rights and a development issue, with negative
consequences for both women and men.

SURVIVOR- is the preferred term (not a “victim”) of a person who has lived through an incident of GBV.

PERPETRATOR- is a person, group, or institution that inflicts, supports, or condones violence or other abuse
against person or group of persons.

CHARACTERISTICS OF PERPETRATORS INCLUDE:

• Persons with real or perceived powers; Persons in decision-making positions; and


Persons in authority.
In all incidents of GBV, there is always a survivor/victim and perpetrator. Therefore, all actions in the
prevention and responses to GBV need to address the both party.

HUMAN RIGHTS

Prevention of and response to gender-based violence is directly linked to the protection of human
rights. Acts of GBV 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 a person;


• The right to the highest attainable standard of physical and mental health;
• The right to freedom from torture or cruel, inhumane, or degrading treatment or punishment;
• The right to freedom of opinion and expression to education; (UNFPA 2014)

GBV is a worldwide phenomenon which must be given attention nationally and internationally. The
consequences capture almost all spheres of our lives. A main focus of GBV is violence against women
affecting women and girls across their lifespan. VAW also covers a continuum of violence which
appeared to be unending, with an array of elements of abuse, coercion or force.

The survivor and perpetrator are important actors in GBV and VAW cases. GBV and VAW are clear
violations of human rights. All these point to the essence that these acts of violence are a global and
national concern.

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INTEGRATE

Reflect on the use of the word Survivor or Victim.


SURVIVOR VICTIM
How does a survivor or victim
look like?

What are the similarities?

What are the differences?

Who can be a survivor or a


victim?

EVALUATE

ANALYSIS. Search the internet for news regarding GBV. Analyze the news and identify the following:
News Summary Institution Survivor and Perpetrator Right/s Violated

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UNIT IV
POLITICAL-LEGAL PERSPECTIVE IN GENDER AND SEXUALITY

OBJECTIVESLESSON 14

GENDER-BASED VIOLENCE: POWER, USE OF FORCE AND CONSENT OBJECTIVES

At the end of this lesson, the student should be able to:

• Identify the use relationship between abuse of power and GBV;


• Discuss the term violence in the context of GBV; and
• Explain the meaning of informed consent and its relationship to GBV.

SET OFF

Visit the link and watch the video.


https://youtu.be/KBz_mHVoZXE

ON LOOK

1. How does the violence occur?


_______________________________________________________________________________________________
_
_______________________________________________________________________________________________
_
_______________________________________________________________________________________________
_ 2. Did the victim give her consent? Or she was being forced? How does power relate in the
violence?
_______________________________________________________________________________________________
_
_______________________________________________________________________________________________
_
________________________________________________________________________________________________

GRASP

In earlier session, we have discussed what GBV and the agents/subjects who are involved in it: the survivor and
the perpetrator, among others. This session explores the meaning of three important concepts behind GBV: Use of
force/violence and informed consent.

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POWER perpetrators can have “real” or “perceived” power. Some examples of different types of power and powerful
people are the following:
a. social- peer pressure, bullying, leader, teacher, parents etc.;
b. economic- the perpetrator controls money or access to goods/services/money/favors; sometimes the husband or
the father;
c. political- elected leaders, discriminatory laws;
d. physical- strength, size, use of weapons, controlling access or security: soldiers, police, robbers, gangs;
e. gender-based (social)- males are usually in more powerful position than females; and
f. age-related- often, the young and the 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 the one has,
fewer choices are available. Unempowered people have fewer choice and are therefore, more vulnerable to abuse. GBV
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 to do what is being requested, for fear of real 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- use of force.

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 GBV occur without informed consent. Even if she says “yes”, this is not true consent because it was said
under duress- the perpetrator used some kind of force to convince her to say yes. Children (under age 18) are deemed
unable to give informed consent for acts such as female genital cutting, marriage, sexual relations, etc.
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.

INTEGRATE

1. As a student, how could you prevent or stop violence from happening to you or to someone?
________________________________________________________________________________________________
_______________________________________________________________________________________________
_
_______________________________________________________________________________________________
_
________________________________________________________________________________________________

EVALUATE

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CONTEMPLATE. Read the following cases and reflect on the succeeding questions.

CASE I

A student is failing in her subject. She approached her professor and asked for assistance because her
failure might cost her scholarship. Her professor told her that the only way that she can pass the subject is
for her to have sex with him.

QUESTIONS

1. Do you think this kind of situation could happen?


2. Did she hive her informed consent?
3. Was there any force used in the incident? Who is more powerful in this situation?
4. What kind of power does the professor have?

5. What kind of power does the student have?


6. How does power relate to choice in this case?

CONTEMPLATE. Read the following cases and reflect on the succeeding questions.

CASE I

A student is failing in her subject. She approached her professor and asked for assistance because her
failure might cost her scholarship. Her professor told her that the only way that she can pass the subject is
for her to have sex with him.

QUESTIONS

1. Do you think this kind of situation could happen?


2. Did she give her informed consent?
3. Was there any force used in the incident? Who is more powerful in this situation?
4. What kind of power does the professor have?
5. What kind of power does the student have?
6. How does power relate to choice in this case?

CONTEMPLATE. Read the following cases and reflect on the succeeding questions.

CASE II

In a very traditional family, the father of a 19-year old girl tells her that he has arranged for her to marry a
certain man. The girl does not know the man very well. The man is much older than she is, but she agrees
to the marriage.

QUESTIONS

1. Do you think this kind of situation could happen?


2. Did she hive her informed consent?
3. Was there any force used in the incident? Who is more powerful in this situation?
4. What kind of power does the father have?
5. What kind of power does the daughter have?
6. How does power relate to choice in this case?

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MODULE IN GENDER AND SOCIETY

UNIT IV
POLITICAL-LEGAL PERSPECTIVE IN GENDER AND SEXUALITY

OBJECTIVESLESSON 15
WOMEN AND THE LAW

OBJECTIVES

At the end of this lesson, the student should be able to:

• Recognize the various Philippine laws affecting women;


• Identify the various rights of women; and
• Discuss the impact of these laws and rights to the Filipino woman and society.

SET OFF

Interpret the cited provision.

Article II Section 14 of the 1987 Constitution, "the state recognizes the role of women in nation-building and
shall ensure the fundamental equality before the law of women and men.

__________________________________________________________________________________________________
__________________________________________________________________________________________________
__________________________________________________________________________________________________

ON LOOK

Guide Questions:

1. Is there an equality opportunity for men and women in our society? Why or why not?
_______________________________________________________________________________________________
_
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_______________________________________________________________________________________________
_
_______________________________________________________________________________________________
_
_______________________________________________________________________________________________
_
2. Are Filipino women empowered? Why or why not?
_______________________________________________________________________________________________
_
_______________________________________________________________________________________________
_
_______________________________________________________________________________________________
_
3. How does the government protect and promote the rights of women to become part of
nationbuilding?
_______________________________________________________________________________________________
_
_______________________________________________________________________________________________
_
_______________________________________________________________________________________________
_

GRASP

The 1987 Constitution

The Philippines is known for its very liberal and progressive Constitution that was formulated
during the euphoria of People Power Revolution in 1986. Gender equality is a key element of this
Charter and as enshrined in Article II Section 14 of the 1987 Constitution, "the state recognizes the role
of women in nation-building and shall ensure the fundamental equality before the law of women
and men."

Considering the unequal gender relations in the country, the Constitution further provided for
women representation (as one of the nine marginalized sectors) in the legislature through the partylist
system (which should cover 20% of the lower house).

Finally, Article 13 Section 14 specifically mentioned that the "State shall protect working
women by providing safe and healthful working conditions, taking into account their maternal
functions, and such facilities and opportunities that will enhance their welfare and enable them to
realize their full potential in the service of the nation".

These specific provisions served as bases to several legislations about women. As a result, laws
of women became aplenty, anchored from the constitutional provisions mentioned. The lack or
sufficiency of these specific provisions depends on the existing and current need of the country.
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Various Laws Promoting Gender Equality

The legal framework provided for by the 1987 Constitution resulted to various legislations promoting
gender equality. These legislations include the following:

• 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. Women is one of the nine 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. Republic Act 7192 (1991) 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 also encourages the full participation and involvement of
women in the development process and to remove gender bias in all government regulations
and procedures.

In relation to gender budgeting, the law specifically mandated all agencies to allocate
a minimum of 5%, increasing to 30%, of all official development funds in mainstreaming gender
concerns.
• 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. RA 7877 (1995). An act declaring sexual harassment to be
unlawful in the employment, education, or training environment.
• 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 rights and
enhances women empowerment.

Laws on Filipino women are aplenty, from the fundamental law of the land up to existing
legislations. It can be projected that more such legislations shall arise in the future. These laws are
essential as they can be springboards of various national programs, women involvement,
participation, and inclusion-all towards the highest goal of empowering women.

INTEGRATE

Propose a program or activity that promotes women empowerment.

• Name/Title of the program


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• Objectives/goals
• Issues to be addressed
• List of materials/manpower/sponsors/partnerships and connections to make this program possible
• Methods in conducting the proposed program
• Assessment of the program (this is to check if the program served its purpose)

EVALUATE

Choose any of the laws previously discussed and cut out one news excerpts from any recently published
broadsheet tackling about you chosen topic. Discuss the relevance of the news excerpts to your chosen
law.

UNIT IV
POLITICAL-LEGAL PERSPECTIVE IN GENDER AND SEXUALITY

LESSON 16
VIOLENCE AGAINST WOMEN AND THEIR CHILDREN ACT OR R.A. NO. 9262 OBJECTIVES

At the end of this lesson, the student should be able to:

Discuss the important provisions of RA 9262; and


Comprehend actual cases involving the said laws.

SET OFF

Visit the link and watch the video.

https://www.youtube.com/watch?v=X5JiqCLh6ps

ON LOOK

1. Why women and children are mostly the victims of violence?


________________________________________________________________________________________________
________________________________________________________________________________________________
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________________________________________________________________________________________________

GRASP

The Republic Act 9262 or the Anti-violence Against Women and their Children Act of 2004, is a
result of the strong advocacies on women’s human rights in the country. This law was deemed to be
significant victory for all Filipino women as it was based on the right of women not to suffer abuse,
discrimination, and violence against their respective relationships.

Important features of the law include:

1. Four kinds of violence against women and their children are defined- the law defined four kinds of
violence- physical (e.g. bodily harm/abused), psychological (e.g. intimidation, humiliation, stalking
etc.), sexual (e.g. rape, sexual harassment.) and economic (e.g. withdrawal of financial support.);
2. VAWC is a public crime- the crime is perpetrated not only against single individual, but against the
entire society, thus, anyone who has personal knowledge of the abuse, violence, or discrimination
can file a complaint;
3. Protection orders can be used against the perpetrator- upon filing the case, the victim survivor or
anyone who has personal knowledge can apply for a protection order to enforce distance
between her and the perpetrator; and
4. Stronger community mechanism to respond to cases- various government agencies are
mandated to aptly respond to reported cases of VAWC immediately.

SECTION 8: PROTECTION ORDERS

A protection order under the Anti-VAWC is defined as:

“…an ordered issued… for the purpose of preventing further acts of violence against a woman or her
child specified in Section 5 of this Act and granting other necessary relief. The relief granted under a
protection order serve the purpose of safeguarding the victim from further harm, minimizing any
disruption in the victim's daily life, and facilitating the opportunity and ability of the victim to
independently regain control over her life.

The law enumerates the following reliefs that may be availed of through a protection order:

(a) Prohibition of the respondent from threatening to commit or committing, personally or through
another, any of the acts mentioned in Section 5 of this Act;

(b) Prohibition of the respondent from harassing, annoying, telephoning, contacting or otherwise
communicating with the petitioner, directly or indirectly;

(c) Removal and exclusion of the respondent from the residence of the petitioner, regardless of
ownership of the residence, either temporarily for the purpose of protecting the petitioner, or
permanently where no property rights are violated, and if respondent must remove personal effects
from the residence, the court shall direct a law enforcement agent to accompany the respondent has
gathered his things and escort respondent from the residence;

(d) Directing the respondent to stay away from petitioner and designated family or household
member at a distance specified by the court, and to stay away from the residence, school, place of
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employment, or any specified place frequented by the petitioner and any designated family or
household member;

(e) Directing lawful possession and use by petitioner of an automobile and other essential personal
effects, regardless of ownership, and directing the appropriate law enforcement officer to accompany
the petitioner to the residence of the parties to ensure that the petitioner is safely restored to the
possession of the automobile and other essential personal effects, or to supervise the petitioner's or
respondent's removal of personal belongings;

(f) Granting a temporary or permanent custody of a child/children to the petitioner;

(g) Directing the respondent to provide support to the woman and/or her child if entitled to legal
support. Notwithstanding other laws to the contrary, the court shall order an appropriate percentage
of the income or salary of the respondent to be withheld regularly by the respondent's employer for the
same to be automatically remitted directly to the woman. Failure to remit and/or withhold or any delay
in the remittance of support to the woman and/or her child without justifiable cause shall render the
respondent or his employer liable for indirect contempt of court;

(h) Prohibition of the respondent from any use or possession of any firearm or deadly weapon and
order him to surrender the same to the court for appropriate disposition by the court, including
revocation of license and disqualification to apply for any license to use or possess a firearm. If the
offender is a law enforcement agent, the court shall order the offender to surrender his firearm and
shall direct the appropriate authority to investigate on the offender and take appropriate action on
matter;

(i) Restitution for actual damages caused by the violence inflicted, including, but not limited to, property
damage, medical expenses, childcare expenses and loss of income;

(j) Directing the DSWD or any appropriate agency to provide petitioner may need; and

(k) Provision of such other forms of relief as the court deems necessary to protect and provide for the
safety of the petitioner and any designated family or household member, provided petitioner and any
designated family or household member consents to such relief.

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) to be treated with respect and dignity;

(b) to avail of legal assistance form the PAO of the Department of Justice (DOJ) or any public legal
assistance office;

(c) To be entitled to support services form the DSWD and LGUs'

(d) To be entitled to all legal remedies and support as provided for under the Family Code; and

(e) To be informed of their rights and the services available to them including their right to apply for
a protection order.
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SECTION 47. Duties and Functions of Barangay Officials. – In order to eliminate violence against women
and their children, barangay officials shall:

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) Have a family violence prevention program, including peer counseling for men;

c) Support organizing efforts and development programs for women in the community;

d) Prioritize livelihood projects for victim-survivors;

e) Involve women in planning and implementation of all programs and projects in the barangay; 57

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) 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) Develop a system to document and report cases of VAWC and assistance program to victims thereof;
and

i) If applicable/necessary, prescribe additional guidelines and standards provided that these are
consistent with the Act.

INTEGRATE

Examine the provision of RA 9262 and complete the table below.

1. Provide the instances of physical, psychological, sexual and economic abuses as provided for by
the laws.
Kind of Violence Instances
Physical

Psychological

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Sexual

Economic

EVALUATE

COMPREHEND. Read the case and identify what are being asked in the table.

CASE I

On the night of March 14, 2007,petitioner Ricky Dinamling and a friend came from a drinking session and
went to the boarding house of AAA.3 At that time, Dinamling and the woman AAA were in an ongoing
five-year relationship and they had two common children (then aged four and two years old). Dinamling
and his friend arrived as AAA was putting the two children to bed. Suddenly, Dinamling started to evict
AAA and the children, ordering AAA to pack her things in a trash bag and a carton box for ducklings. His
reason for the eviction was that she was allegedly using the place as a "whore house" wherein she
"brought (her) partners." AAA initially did not want to leave as she could not carry the children and their
things, but she left when Dinamling threw a baby's feeding bottle outside the house, causing it to break.
She then went to the house of BBB and requested the latter to fetch her children. When BBB and another
friend went for the children, Dinamling already had left with the older child and only the baby was left.
The baby was brought by the friends back to AAA. In the past, there were similar incidents that happened
between Dinamling and AAA. Dinamling 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. Dinamling was,
at that time, a policeman himself.4

Six days later, or on March 20, 2007, at around 9:00 p.m., another incident occurred. AAA was at the
house of CCC 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. 5 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.
PERPETRATOR

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VICTIM-SURVIVOR

ACTS COMMITTED

KIND OF VIOLENCE

SECTIONS OF THE LAW VIOLATED

UNIT IV
POLITICAL-LEGAL PERSPECTIVE IN GENDER AND SEXUALITY

LESSON 17
DISCRIMINATION ON THE BASIS OF SEXUAL ORIENTATION, GENDER IDENTITY AND EXPRESSION IN THE
PHILIPPINES

OBJECTIVES

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At the end of this lesson, the student should be able to:

• Determine the issues on human rights violations and discrimination on the basis of SOGIE; and
• Formulate activities and programs to address these human rights violation and discrimination on
the basis of SOGIE.

SET OFF

Visit the link and watch the news video.

https://www.youtube.com/watch?v=EwZLnK8lUqw

ON LOOK

1. Which gender do you think is vulnerable to discrimination?


________________________________________________________________________________________________
_______________________________________________________________________________________________
_
_______________________________________________________________________________________________
_
2. When and where do you think gender discrimination happen?
_______________________________________________________________________________________________
_
_______________________________________________________________________________________________
_
________________________________________________________________________________________________

GRASP

THE UNIVERSASL POLICY

Article 2 (1), 3 and 26 of the Convention provide for the respect, equality and non-discrimination of
all individuals on the grounds of, inter alia, race, color and sex.

In the landmark decision of Toonen v Asutralia in 1994, it is found not only that the referenmce to
sex in article 2(1) and 26 must be taken to include sexual orientation, but also that laws which criminalize
consensual homosexuality acts expressly violate the privacy protections of the law.

NATIONAL AND LOCAL POLICIES

LGUs from different cities all over the Philippines have been proactive in passing city ordinances
banning LGBT discrimination.

Presently, the Anti-Discriminatory Bill is still pending before the congress. This bill is expected to be
signed into law before the end of the Duterte Administration. Prior to these bills, several LGUs have
enacted ordinances and resolutions to address these issues.
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In the House of Representatives, Representative Raymond Palatino of the Kabataan Partylist filed
House Resolution No.1333, which seeks to investigate prejudicial, discriminatory and unjust practices and
policies against LGBT students implemented and tolerated in schools, partnering with the DepEd and
other government agencies to explore the inclusion of a comprehensive Gender Curriculum on basic and
secondary education and in vocational and technical school to incorporate discussion on issues of LGBT
persons.

In May 2012, the DepEd issued DepEd Order No. 40 or the DepEd Child Protection Policy to
guarantee the protection of children in schools from any form of violence, abuse or exploitation
regardless of sexual orientation and gender identity.

EFFECT OF STATE DISCRIMINATION IN SOCIETY

The State’s treatment of LGBT individuals intensifies discriminations on the basis of SOGIE within
Philippines society and social institution.

Being young and not conforming to the gender roles assigned to one;s sex increases the risk of
discrimination and abuse for LGBT persons. This victimization is aggravated by the absence of support
mechanisms and school policies addressing this concern, as well as the failure to schools to safeguard
students from being abused by other students, staff, administrators, and teachers. The discrimination LGBT
students face in the school not only violates the rights to be free from discriminations but prevents these
individuals from the enjoyment of numerous other rights in the covenant as well.

Homophobia, the stigma and prejudice toward LGBT persons, are very present within Filipino
society, creating a dangerous climate of hostility toward LGBT people.

LGBT youth are often targeted by parents who, upon discovering their child’s sexual orientation
and/or gender identity, feel compelled to inflict physical harm on them out of frustration or in an attempt
to prevent their child from expressing their sexuality.

DISCRIMINATION BY THE CATHOLIC CHURCH

The Catholic Bishops Conference of the Philippines (CBCP) and \Episcopal Commission on Family
and Life (ECFL) has been fervently demanding Congress for the removal of “ sex, gender, sexual
orientation and gender identity” in the comprehensive anti-discrimination ordinances filed in the senate
and in the house of representatives, claiming that its inclusion will only “create problems regarding ethics,
marriage, the family and religious freedom” and reasons that “the differences in sex or gender does not
belong to the same level as the difference in race, color, religion and ethnicity”.

Antagonist of the anti-discrimination bill claim that the passage of an anti-discrimination legislation
will open the door for same sex marriages. A provision allowing for same-sex marriage was not present in
the said bill at that time of its introduction first filing and has never been added.

PARTICIPATION OF THE MEMBERS OF LGBTQ+ IN PUBLIC LIFE

Article 25 of the convention provides for the right of each citizen to participate in public affairs, to
vote and to have equal access to public service in the country. These rights are provided free of
unreasonable restriction and free from distinction made on the basis of sex, which as mentioned above,
includes sexual orientation.

DISCRIMINATION IN THE MILITARY

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Through their media announcements, it seems on the surface that the Philippine military and the
police are adhering to the non-discrimination clause of the Philippine Constitution (Art 2) and the ICCPR
by its declaration of openness to admit gays, lesbians, and bisexual persons in military and police service.

Upon closer inspection, the additional conditions required from gay, lesbians, and bisexual
applicant cadets demonstrate lingering prejudices and negative stereotypes toward LGBT person. Also,
the military’s apparent strict adherence exclusively towards heterosexist gender binary (masculine and
feminine) roles discriminate against those that fall short to this standard and are considered as the
benchmark pof what constitutes being decent, proper and respectful.

The generalized negative stereotyping LGBT persons and misconception that a person’s sexual
orientation defines one’s gender expression are most evident on the common position of the AFP, PNP,
and PMA towards gay and effeminate behaviour.

The identification of sources of discrimination is vital so that you will know how these acts are
committed or performed by the social institutions, their respective actors. The unified output can result to
a class program or activity addressing this concern.

LAWS AND POLICIES ON VIOLENCE AND DISCRIMINATION OF THE MEMBERS OF LGBTQ+

Full respect for human rights.” Apart from this, the 1987 constitution enshrines in its due process and
equal protection clauses that: “no person shall be deprived of life, liberty, or property without due process
of law, nor shall any person be denied the equal protection of the laws.” (Article 3, Section 1, 1987
Philippine Constitution)

As the fundamental law of the land, the guarantees on equal, lawful processes, and the
paramount consideration on ensuring human dignity and respect for human rights in these provisions
serve as the basis for the protection of the rights of the member of LGBTQ+.

VIOLENCE AND DISCRIMINATION AGAINST LGBTQ+ TOUTH IN EDUCATION

A. ANTI-BULLYING ACT OF 2013 (RA 10627)- this 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 the 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 the students from any form of
violence regardless of their SOGI.
C. Special Protection of Children Against Child Abuse, Exploitation, and Discrimination Act of 1992
(Anti-Child Abuse Act or RA 7610)
Parents of children who suffer abuse at the hands of teachers or members of the school’s
administration violates RA 7610. 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 WORK PLACE

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 probation that prohibits discrimination on the basis of gender, particularly on the members of
the LGBTQ+.
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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 shows
different pictures since members of the LGBTQ+ encounter hardship in accessing work
opportunities because of discrimination.
The absence of the national law that explicitly prohibits discrimination on the basis of
gender identity makes it easier for employers to hide behind fabricated reasons for not accepting,
firing, or depriving members of LGBTQ+ of their employment benefits. Often, policies on uniform,
documents, and use of comfort rooms are used against member 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 and degrading remarks or
innuendoes directed toward the members of one’s 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 regarding sex, sexual
orientation, or other remarks that are used as description of a person with the intention to insult. In
addition, this policy for the government agencies do not require that the offender has moral ascendancy
over the victim.

The fact that the perpetrator and the victim are of the same level or position will not prelude 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 wpould be able to rely on the generic protection from
“derogatory and degrading remarks”.

INTEGRATE

CREATE. Choose one among the areas where LGBT persons mostly encounter discrimination, then create
a program that will address this concern and support the protection of the rights of LGBT persons. Use the
pattern below.

• Name/Title of the program


• Objectives/goals
• Issues to be addressed
• List of materials/manpower/sponsors/partnerships and connections to make this program possible
• Methods in conducting the proposed program
• Assessment of the program (this is to check if the program served its purpose)

EVALUATE

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Search in the internet, the Supreme Court-decided cases of Silverio v Republic of the Philippines (22
October 2007) and Republic of the Philippines v Jennifer Cagandahan (12 September 2008).

1. Read and analyse the two cases.


2. Examine the ruling of the Supreme Court regarding members of LGBTQ+ in these two cases. Write
the specific rule.
3. Compare the rulings in both cases. Assess the impact of these rulings to the lives of LGBTQ+.

UNIT IV
POLITICAL-LEGAL PERSPECTIVE IN GENDER AND SEXUALITY

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LESSON 18
GENDER AND INEQUALITY IN MARRIAGE AND CRIMINAL LAWS

OBJECTIVES

At the end of this lesson, the student should be able to:

Determine the status of gender inequality in marriage and criminal laws; and
Assess the provisions on the proposed same-sex marriage legislation.

SET OFF

Make a stance. Are you in favor of same-sex marriage in the Philippines? Why or why not?

GRASP

Marriage laws in the Philippines are only based on sex and not on gender. In the 1987 Philippine
Constitution, marriage is stated as "an inviolable social institution, is the foundation of the family and shall
be protected by the State". (Art. XV, Section 2, 1987 Constitution).

Under the Family Code, marriage is defined as "a special contract of permanent union between a
man and a woman entered into in accordance with law for the establishment of conjugal and family life
(Article 1, The Family Code of the Philippines).

The fact that the specific law provides marriage only for a man and a woman, causes exclusion of
homosexual relationships as it only accommodates heterosexual ones. This deprives members of the
LGBTQ+ of this Constitutionally-enshrined right, afforded supposedly to every Filipino. Flowing from that
definition, succeeding provisions of marital laws in the Philippines are anchored on the above inequality.

Apart from marital laws, various personal laws present this picture of inequality in its provisions. The
crime of adultery presents harsher requisites than the crime of concubinage Articles 333 and 334 of the
Revised Penal Code). Vagrants and prostitutes pertain only to women (Article 202 of the Revised Penal
Code). Gender equality issues on night work prohibition (Article 130 of the Labor Code), disputable
presumptions (Rule 131, Section 3 jj of the Rules of Court) and removal of criminal liability for rapists under
RA 8353 should also be visited.

Incorporating gender inequality in various laws are vital to be addressed as otherwise this ill
concept will further be proliferated.

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
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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 partnerşhip, 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 x xx

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 x x *

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 xx" (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. xx*' (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. On the other hand,
concubinage involves a husband who has: () 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 (RA 8353 OR THE ANTI-RAPE LAW)

The Anti-Rape Law (RA 8353) contains a clause that can easily exonerate the offender and can
further endanger the victim.

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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.

Further, it also recognizes that "if the offender is the legal husband xx x the subsequent forgiveness
by the wife who is the offended party x xx 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 engage in sexual
intercourse or lascivious conduct XXX .

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.

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.

INTEGRATE

Provide a specific ways or means this obtained knowledge based on the above lesson.

EVALUATE

Search the proposed “Same Sex Marriage” legislation in the internet and examine all its provisions and
answer the following:

a. Can these legislations, if passed eliminate gender inequality in marital laws? Reason out.
b. Can these legislations, if passed eliminate gender inequality present in personal laws mentioned?
Reason out.
c. If you will be given a chance to become legislator, propose a sentence to be included in this
Same Sex Marriage legislation.

UNIT V
CROSS-CUTTING ISSUES IN GENDER AND SEXUALITY
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OBJECTIVESLESSON 19
GENDER AND LABOR

OBJECTIVES

At the end of this lesson, the student should be able to:

Determine the status of gender equality in the various sectors of the labor market; and
Comprehend salient policies on gender equality in the labor market.

SET OFF

Fill in the information table below. Write yes or no.


Work/Job Man (does this at Woman (does this Man (does this Woman (does this
home) at home) outside) outside)
Tailor
Cooking
Waiter
Laundry
Teacher
Maid
Driver

ON LOOK

Guide Questions:

1. Does being born as a boy/girl decide the type of work and individual does when she/he grows
up? Why?
_______________________________________________________________________________________________
_
_______________________________________________________________________________________________
_
_______________________________________________________________________________________________
_
2. Can girls/women take up a work that is normally considered done by boys/men? Which ones can
be taken up and which one cannot be done? Why?
________________________________________________________________________________________________
________________________________________________________________________________________________
_______________________________________________________________________________________________
_
3. Can boys/men take up a work that is normally considered done by girls/women? Which ones can
be taken up and which one cannot be done? Why?

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________________________________________________________________________________________________
________________________________________________________________________________________________
_______________________________________________________________________________________________
_

GRASP

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 (PCW 2010). 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.

The reality is that once a child is born, she/he does not know how to do any work.

As children grow up, they learn to do various work, but society encourages them a certain specific
work, eg. girls are asked to help in cooking and cleaning, while boys are asked repair certain things. This
distribution of labor is based on sex, and not on individual capacity or skill sets.

This aftects girls and women adversely. Since girls are expected to take care of the family and
household, their education is not a priority for the family.

Both boys and girls should be given equal opportunity to learn different skill sets based on their
interest and to grow. Household chores are not only womenis responsibility, it is also household's
responsibility, and all family members should contribute to it.

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 sectors growth.

Industry and Manufacturing

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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 1S much greater than womens
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.

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 (Minniti and Naude 2010o, 280). Studies indicate that female-led MSMEs increase employment
opportunities for women and contribute to wider development goals (ADB and ILO 2013a). 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 (Viet Nam Women Entrepreneurs
Council 2007).

Salient Policies on Gender Equality in the Labor Market

The Philippines has ratified 34 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
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Section 3, Article XIII (Bill of Rights), and in Section 14, Article I, 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 antidiscrimination 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 971o) 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.

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.

INTEGRATE

Conduct an interview with a woman belonging to any of the sectors we discussed.

Full Name:

Age:

Position:

Longevity of service:

Guide Questions:

1. In your respective sectors, do you feel any gender-related issue or concern? If yes, provide the
specific issue or concern.
_______________________________________________________________________________________________
_
_______________________________________________________________________________________________
_
2. Are the existing regulations in your specific sector sufficient to address this gender-related issue or
concern? Explain tour answer.
_______________________________________________________________________________________________
_
_______________________________________________________________________________________________
_

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_______________________________________________________________________________________________
_
3. Are there programs and activities performed in your specific sector to address this gender-related
issue or concern? Explain your answer.
________________________________________________________________________________________________
________________________________________________________________________________________________
_______________________________________________________________________________________________
_
4. Can you think of any initiative, program or policy that should be done in your respective sector? If
yes, what would it be?
________________________________________________________________________________________________
________________________________________________________________________________________________
_______________________________________________________________________________________________
_

EVALUATE

Create a photo collage of women, LGBTQ+ and men who have a big contribution in the world of work.
Write down a brief report.

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MODULE IN GENDER AND SOCIETY

UNIT V
CROSS-CUTTING ISSUES IN GENDER AND SEXUALITY

OBJECTIVESLESSON 20
GENDER AND MEDIA

OBJECTIVES

At the end of this lesson, the student should be able to:

Discuss the importance of media representation; and


recognize the progress in media representation of
gender.

SET OFF

List down five LGBTQ+ character you have seen in national TV.

ON LOOK

Guide Question:

1. How does the media portray these characters?


_______________________________________________________________________________________________
_
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_______________________________________________________________________________________________
_
2. What were the stereotypes portrayed by these characters?
_______________________________________________________________________________________________
_
_______________________________________________________________________________________________
_
3. How can media present the LGBT in a better way?
_______________________________________________________________________________________________
_
_______________________________________________________________________________________________
_
________________________________________________________________________________________________

GRASP

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). lt is important because it shapes the audience's 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 receive 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.

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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 7o'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 (Charice Pempengco), 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.

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.

INTEGRATE

Create a photo collage of LGBTQ+ which you think best represent the community.

EVALUATE

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Reflect. How can you utilize the media to influence people towards achieving gender equality and
equity?

UNIT V
CROSS-CUTTING ISSUES IN GENDER AND SEXUALITY

OBJECTIVESLESSON 21
GENDER AND ACTIVISM

OBJECTIVES

At the end of this lesson, the student should be able to:

• Discuss the heteronormativity and its manifestation; and


• Show appreciation to the contribution of activism to social change.

SET OFF

Examine the picture and tell something about your thoughts.

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ON LOOK

Guide Questions:

1. How does it feel when you are not being herd?


________________________________________________________________________________________________
_______________________________________________________________________________________________
_
_______________________________________________________________________________________________
_
2. How can someone take up space and make her/his voice be heard?
_______________________________________________________________________________________________
_
_______________________________________________________________________________________________
_
________________________________________________________________________________________________

GRASP

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 ofthe 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" (Merriam-Webster Dictionary). 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).
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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 been for them. Like assigning blue for boys and pink for girls. But what happens
when a boy wants pink toys? 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 hired or not being promoted just
because you are not straight. At home it could mean being disowned by our tamily 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 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
huntergatherer 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
(2000s), liberation (1960's-197os), 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
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.

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MODULE IN GENDER AND SOCIETY

INTEGRATE

Reflect. Do you think the youth has power to shape how gender is viewed in the modern world? Why do
you think so?

EVALUATE

If you would have the chance to join the Pride Month, how will you dress up to express your sexuality?
Take a photo and show us your picture wearing your #OOTD. Explain your certain reasons of joining the
event.

UNIT V
CROSS-CUTTING ISSUES IN GENDER AND SEXUALITY

OBJECTIVESLESSON 22
GENDER AND OTHER CROSS-CUTTING ISSUES (EDUCATION, GENERAL HEALTH, MENTAL HEALTH) OBJECTIVES

At the end of this lesson, the student should be able to:

Discuss why and how gender lens is necessary in understanding other social issues; and
Show appreciation of the intersectionality between gender, education and health.

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MODULE IN GENDER AND SOCIETY

SET OFF

Does every gender have equal access to education and health services? Explain your answer.

ON LOOK

1. Should gender be a deciding factor for a people to access education and health services?
_______________________________________________________________________________________________
_
_______________________________________________________________________________________________
_
_______________________________________________________________________________________________
_
2. How do you think the educational and health system in the Philippines are addressing the needs of
different gender?
_______________________________________________________________________________________________
_
_______________________________________________________________________________________________
_
_______________________________________________________________________________________________
_

GRASP

In earlier discussions, it has been noted that laws provide tor equity among people of all genders. In
principle, humans regardless of genders have basic human rights emerging from their intrinsic human
dignity.

Practically, these rights are translated into programs, projects, and services that are made
accessible to us, for the purpose of satistying our basic needs and for achieving our highest potentials.

Regardless of gender, we have seen that people are capable of making something of creating, of
making responsible choices, of developing. This capability is promoted by resources we have access to.
The State has a role in making sure that we people receive the services we need and deserve.

Two of the primary needs of individuals are: (a) access to education, and (6) access to health
services.

GENDER AND EDUCATION

The UNICEF (201) 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

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MODULE IN GENDER AND SOCIETY

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 1o0o) children aged 6
to 14 who are able to attend school compared to females (2.4 in a IO00). 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 1ooo) (Philippines Statistics Authority 2015). This 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.

In earlier lessons, we discussed that 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 follow:

• 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. n schools, for instance, there are counselors (trained professionals who has a master's degree
in counseling and 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.

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.

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MODULE IN GENDER AND SOCIETY

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.

INTEGRATE

Conduct an interview with a teacher or school counsellor. Ask them about the schools program for the
following:

Inclusive Education-

Physical Health-

Mental Health-

EVALUATE

DIRECTIONS: Choose at least two cross-cutting issues in gender and sexuality then search and read
an article about it. Use the RHDA TOOL to study your chosen topics.

Read at least two articles


Highlight the words that you are unfamiliar with.
Define the unfamiliar words
Answer the following questions:
1. What is the purpose of the article?
2. What are the questions at issues?
3. What facts/information can you get in the article?
4. What concepts can you derive from the article?
5. What point of view do you have after reading the article?

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