Gender and The Law Final

GENDER AND THE LAW
Krissi Shaffina Twyla A. Rubin
The course seeks to introduce students to feminist legal theory, discussing critical perspectives on institutions,
particularly the law and the legal system and their role in maintaining and perpetuating gender inequalities. The course
provides a critical view of the law, discussing the role of feminist and women’s movements in the development of
international and domestic protection of women’s human rights and the continuing challenges. Through international and
domestic case law bourne of feminist struggles, discussions on special issues and concerns of women will be undertaken
such as rape, reproductive health and rights, sexual harassment, and abortion. The latter part of the module will include
discussions relating to sexual orientation, gender identity and expression and sex characteristics as they are regulated by
the law and legal systems. Students are expected to reflect on the development of gender related legislations and their
implementation, critically assessing the country’s progress against structural and cultural barriers to women’s equality
and empowerment and equal dignity of persons regardless of SOGIESC.
Course Objectives
1. Discuss feminist perspectives of the law and critically analyze the role of law in maintaining and perpetuating
gender inequality;
2. Trace the role of feminist and women’s movements in the development of women’s international and domestic
women’s human rights law and the related critiques and developments;
3. Critically discuss the role of women’s and feminist movements in developing international and domestic
feminist jurisprudence and the continuing challenges and barriers;
4. Exercise feminist analysis of key legislations of the Philippines from development to implementation and
feminist analysis of recent jurisprudence;
5. Draft a critical paper drawing on feminist analysis of the law as applied to current issues, contexts, or other
interest in the field law
Week Learning Outcome Session
1 Introduction to the Course and Diagnostic Exam
For students to understandRethinking

law Law, the Legal System, and Legal Reasoning
as gendered and as the
language of power
For students to understandFeminist

the Theories and the Law
histories, strands of
feminist legal theory
and their manifestation
in law
Feminist Theories and the Law
For students to understandFeminist Engagement with International Human Rights Law

feminist engagement
CEDAW and the OP CEDAW
with internationalGeneral
law Recommendations
and the role of
women’s movement in
the development of
women’s rights as
human rights
Understand the impact

Feminist Legal Theory and Practice in the Philippines
of feminist
engagement with the
law in domestic and
International Jurisprudence and Transnational Feminist Movements (KTV, R, and
international settings RH Inquiry in Manila)
Philippine State Report to CEDAW

Shadow Reports
Understand continuing debate

Feminist Critique of Rights: Compliance and Resistance
and feminist critique
of human rights
Mid-term Exams
Exercise feminist analysisGender

of Based Violence
key legislations of
RA the8353; RA 9262; RA 9710 and related Supreme Court cases
Philippines from
development to
implementation and
feminist analysisReproductive
of Health and Rights
recent jurisprudence
RA 10354 and related Supreme Court Cases
Marriage and Family

The Family Code and related Supreme Court Cases
Divorce, Nullity, Marriage Equality
Magna Carta of Women and measures addressing women in the marginalized

sectors: women in armed conflict, Indigenous women, WEDC etc
Apply feminist analysis inSOGIESC

the under the law, the long journey of the Anti-Discrimination Bills
understanding of
challenges in relation
to discrimination on
the basis of SOGIESC
Critically discuss aims gender

From women’s rights to Gender Justice
justice in the context
of feminist and
LGBTI engagement
with the law and the
legal system
Final Exams
Grading System and Class Requirements:
40% Class Participation: 10% attendance and 30% Recitation
30% Written Mid-term Examination
30% Final Paper, 2,500-word essay exclusive of Bibliography
REFERENCES FOR WEEK 2:

Rethinking Law, the Legal System, and Legal Reasoning (Week 2)
Davies, M. ‘Flat Law Theory’, Feminist Legal Studies (2008) 16: 281-314.
Finley, Lucinda. Breaking Women's Silence in Law: The Dilemma of the Gendered Nature of Legal Reasoning.
http://digitalcommons.law.yale.edu/cgi/viewcontent.cgi?article=5010&context=fss_papers
Women’s Legal and Human Rights Bureau. Feminist Legal Advocacy in the Philippines: Defining A Framework
Women’s Exclusion from the Legal Profession (Memo Notes)
https://ww3.lawschool.cornell.edu/AvonResources/Memo-Womens-exclusion-from-the-legal-profession.pdf
Jurisprudence:
In re Goodell, 39 Wis. 232 (1875)
Bradwell v. The State, 83 U.S. 130 (1872)
Feminist Theories and the Law (Week 3-4)

Tong, Rosemarie “Feminist Thought”, chapters 1-8
Group Reporting on Feminist Strands
Carol Hanisch “The Personal Is Political” http://www.carolhanisch.org/CHwritings/PIP.html
K.S. Twyla Rubin Decolonizing Feminist Legal Theories
Feminist Engagement with International Human Rights Law (Weeks 5)
Thailand Institute of Justice Women’s Access to Justice: Perspectives from the ASEAN region (pages 21-38)
Chinkin and Freeman, Towards a Convention on Elimination of Discrimination Against Women, CEDAW Annotated
(p.1-33);
Byrnes, Andrew, Article 1, CEDAW Annotated (pp 52- 70)
Feminist Legal Theory and Practice in the Philippines (Week 6)

Hega, Alporha, Evanghelista. Feminism and the Women's Movement in the Philippines: Struggles, Advances, and
Challenges
Women’s Legal and Human Rights Bureau, Feminist Legal Advocacy in the Philippines: Defining A Framework
International Jurisprudence and Transnational Feminist Movements (Week 7)
CEDAW, Articles 2,5,
Vertido vs. Philippines, CEDAW Communication No. 18/2008

RBP vs. Philippines, CEDAW Communication No
RH Inquiry in Manila
Jurisprudence:
Philippine State Report to CEDAW (scan State Report 2016)

Shadow Reports – Read at least one shadow report from CSOs during the 2016 CEDAW
Feminist Critique of Rights: Compliance and Resistance (Week 8)

Hilary Charlesworth, Christine Chinkin and Shelley Wright, Feminist Approaches to International Law
K.S. Twyla Rubin Dream Deferred
Gender Based Violence (Week 9)

DEVAW (definition of violence against women)
General Comment 19 (Violence Against Women)
CEDAW General Comment 33 (Access to Justice), CEDAW General Comment 35 (Gender Based Violence)
RA 8353; RA 9262; RA 9710 and related Supreme Court cases
Reproductive Health and Rights (Week 10)

RA 10354 and related Supreme Court Cases
RH Inquiry in Manila (CEDAW)
Marriage and Family (Week 11)
The Family Code and related Supreme Court Cases
Divorce, Nullity, Marriage Equality
Magna Carta of Women and measures addressing women in the marginalized sectors: women in armed conflict,
Indigenous women, WEDC etc (Week 12)
Magna Carta of Women (RA 9710), Articles 9 (Protection from Violence),
SOGIESC under the law, the long journey of the Anti-Discrimination Bills (Week 13)
Yogyakarta Principles
Draft Anti-Discrimination Bill on the basis of SOGI
From women’s rights to Gender Justice (Week 14)

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GENDER AND THE LAW

Krissi Shaffina Twyla A. Rubin

Week Learning Outcome Session

1 Introduction to the Course and Diagnostic Exam

For students to understandRethinking

For students to understandFeminist

For students to understandFeminist Engagement with International Human Rights Law

Understand the impact

Philippine State Report to CEDAW

Understand continuing debate

Exercise feminist analysisGender

Marriage and Family

Magna Carta of Women and measures addressing women in the marginalized

Apply feminist analysis inSOGIESC

Critically discuss aims gender

Grading System and Class Requirements:

40% Class Participation: 10% attendance and 30% Recitation

30% Written Mid-term Examination

30% Final Paper, 2,500-word essay exclusive of Bibliography

REFERENCES FOR WEEK 2:

Feminist Theories and the Law (Week 3-4)

Feminist Engagement with International Human Rights Law (Weeks 5)

Feminist Legal Theory and Practice in the Philippines (Week 6)

International Jurisprudence and Transnational Feminist Movements (Week 7)

CEDAW, Articles 2,5,

Vertido vs. Philippines, CEDAW Communication No. 18/2008

Philippine State Report to CEDAW (scan State Report 2016)

Feminist Critique of Rights: Compliance and Resistance (Week 8)

Gender Based Violence (Week 9)

Reproductive Health and Rights (Week 10)

From women’s rights to Gender Justice (Week 14)

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