Political-Legal Perspective of The Philippine GAD Program

Module 4
Political-Legal Perspective
of theSex,Philippine GAD Program
Gender and Culture
Page
The Legal and Right-Based 110

Framework
The Rights-Based Approach 116
Model
4.1 CEDAW and the Magna 120
Carta of Women and the
Philippine GAD Program
4.2 Laws Protecting Socio- 128
Economic and Cultural Rights
of Women and other Genders
4.3 Criminal Laws on Gender- 132
Based Violence
4.3.1 Philippine Policy on Anti- 133
Sexual Harassment
4.4 The SOGIE Bill 145
GENDER AND CONTEMPORARY PHILIPPINE SOCIETY.2020

President Ramon Magsaysay State University
GENDER AND CONTEMPORARY PHILIPPINE SOCIETY 2020.MODULE 4 108 | P a g e

GENDER AND CONTEMPORARY
PHILIPPINE SOCIETY.2020
President Ramon Magsaysay State University
Module 4
Political-Legal
Perspective of
theCultural
Philippine
Conce
GAD Program
of

MODULE 4
POLITICAL-LEGAL PERSPECTIVE OF THE PHILIPPINE GAD PROGRAM
OVERVIEW OF THE LESSON

This subject is all about the various laws concerning gender issues in the Philippines. It
elaborates a framework for understanding the GAD related laws based on the human
rights perspective. It defines and classifies laws according to the rights being covered and
how rights are affected by the various laws.
LEARNING OBJECTIVES
By studying this module, you are expected to:
1. Explain the rationale for the study of the political and legal perspective of GAD
and other relevant issues;
2. Explain the framework for understanding the laws relevant to the corresponding
rights addressed by the laws and policies of the government;
3. Explain the rights-based approach;
4. Discuss the nature and overview of the Philippine Magna Carta of Women
5. Distinguish among the various laws covering social, economic, and cultural rights
of women and other genders;
6. Identify the gender-responsive political laws;
7. Discuss the nature of criminal laws addressing gender issues;
8. Discuss the rationale and provisions of the proposed SOGIE Bill
CONTENT
Introduction (2hours)
The Legal and Rights-Based Framework
Let us first understand the general basic legal framework in the following reading
before we examine GAD related laws in particular.

All About Law
The knowledge of the law is presumed. The Civil Code provides that ignorance
of the law excuses no one from compliance therewith (Article 3, Civil Code of the
Philippines). Every responsible citizen must know and respect the sanctity of every law
by faithfully observing them. It is also important that citizens know the provisions of the
constitution because it is the paramount law of the land to which all other laws must
conform.
Laws, generally refer to:
 A whole body or system of law

 Rule of conduct formulated and made obligatory by legitimate power of the state
 Body of laws that includes the Constitution, RAs, PDs, EOs, Presidential
issuances (ordinance power), Jurisprudence, ordinances passed by
Sanggunians of local government units.
Republic Acts also known as statutes are laws passed by the national
legislature.
Presidential Decrees, Executive Orders and other Presidential Issuances are
laws passed by the president in the exercise of his legislative power
The Hierarchy of Laws
Figure 4.1. The hierarchy of laws
The figure above shows the hierarchy of laws. It shows that the Constitution is
the highest law of the land to which all other laws conform. In case of conflict in the
interpretation of laws as to which will prevail between ordinances and statutes, the latter
will prevail. As to which will prevail between statutes, executive issuances, and

international law and the provisions of the constitution, the constitution will prevail. The
former or its conflicting provisions will be declared void if they are contrary to the
provisions on the constitution.
Statutes, generally
 An act of legislature (Philippine Commission, Phil. Legislature, Batasang

Pambansa, or the present-day Congress), statutes are laws promulgated by
people’s representatives in the Lower House and in the Senate. They reflect the
will of the people at large.
Classification of statutes as to their effect on individuals and masses
1. Public statutes– affect the public at large

a. General statute– applies to the whole state and operates throughout the
state alike upon all people or all of a class.
b. Special statute– relates to particular person or things of a class or to a
particular community, individual or thing.
c. Local Law – operation is confined to a specific place or locality (e.g
municipal ordinance)
2. Private – applies only to a specific person or subject.
Classification of statutes as to the timeframe of their operation
1. Permanent statute- one whose operation is not limited in duration but continues
until repealed.
2. Temporary statute- duration is for a limited period of time fixed in the statute itself
or whose life ceases upon the happening of an event.
o E.g. statute answering to an emergency
Other classes of statutes
 Prospective or retroactive statute – according to application

 Declaratory, curative, mandatory, directory, substantive, remedial, penal
statutes – according to operation
 According to form
o Affirmative
o Negative
Manner of referring to statutes
Statutes are called by many names. The name by which it is called depends on
the nature of the legislative branch or the name of the law-making body.
 Public Acts – Phil Commission and Phil Legislature 1901- 1935

 Commonwealth Acts – 1936- 1946

 Republic Acts – Congress 1946- 1972, 1987 ~
 Batas Pambansa – Batasang Pambansa
 Identification of laws – serial number and/or title
Executive Issuances
These include the following:
Presidential Decrees or PD’s of Marcos during the period of martial law 1973
Constitution. These are laws issued by the chief executive in the exercise of his
legislative powers as sanctioned by the 1973 Constitution
Executive Orders or EOs of Aquino revolutionary period Freedom Constitution
Administrative Orders are also considered law issued by the President in aid of
his executive functions.
CONSTITUTION DEFINED
Constitution
The following define and describe the nature of Constitution:

 fundamental law which sets up a form of government and defines and delimits
the powers thereof and those of its officers, reserving to the people themselves
plenary sovereignty;
 written charter enacted and adopted by the people by which a government for
them is established;
 permanent in nature thus it does not only apply to existing conditions but also
to future needs;
 basically it is the fundamental laws for the governance and administration of a
nation;
 absolute and unalterable except by amendments;
 all other laws are expected to conform to it.
Constitution Construed as Enduring for Ages
Constitution is a law designed to last for ages. It is not merely for a few years but
it also needs to endure through a long lapse of time. It must be adaptable to various
crisis of human affairs but it must also be solid permanent and substantial.
 It must be construed as a dynamic process intended to stand for a great length

of time to be progressive and not static
FUNCTIONS OF THE CONSTITUTION
The functions of the constitution enumerated as follows are not exclusive:

1. It governs the life of the people not only at the time of its framing but far into the
indefinite future

2. The express purpose of our Constitution: to protect and enhance the people’s
interests
3. Its stability protects the rights, liberty, and property of the people (rich or poor)
What a constitution is NOT:

o It should NOT change with emergencies or conditions
o It should NOT be inflexible
o It should NOT be interpreted narrowly
Words employed in writing the constitution should not be construed

(interpreted) to yield fixed and rigid answers because its meaning is applied to meet
new or changed conditions as they arise.
Courts should interpret/construe the constitution so that it would be consistent

with reason, justice and the public interest and not only serving the benefit of only a
chosen few.
CONSTITUTION AS THE HIGHEST LAW OF THE LAND
The Constitution is the highest law of the land to which all other laws should
conform. This is owing to the authorship of the people of the Philippines of this sacred
document.
In case of conflict between the Constitution and the statutes passed by Congress
or the ordinances passed by the local legislatures or even the legislative issuance of
the President, it is the constitution that prevails.
The Constitution also provides the ultimate basis for determining the validity of
any treaty or international instruments entered into by the President.
INTERNATIONAL LAW
International law includes international agreements entered into by the members

of the international community of nations or the United Nations. International law
includes the following among others: Universal Declaration of Human Rights and the
Convention on the Elimination of All Forms of Discrimination Against Women.
CLASSIFICATION OF LAW
TYPES OF LAW ACCORDING TO THE RIGHTS COVERED
The types of law according to the rights covered are as follows:
Social
Economic
Cultural
Political

TYPES OF LAW ACCORDING TO HOW THE RIGHTS ARE AFFECTED
The types of law according to how the rights are affected are as follows:
Civil
Political
Administrative
Criminal
CRIMINAL LAWS AS DISTINGNUISHED FROM OTHER LAWS

The laws mentioned above are equally important. However, we pay special
attention to criminal law because of the following:
 The level of obligation it requires on the part of the government is the highest,
that of protection;
 The potential impact on individual rights and freedoms of the accused as well as
convicted persons is to deny them such as a form of penalty;
 The purpose for which they are enacted and enforced it to protect the rights of
the victims.
Specific examples of gender-responsive criminal laws are discussed in Lesson 4.3

of this chapter. You must refer back to this section in examining the nature and substance
of the cited criminal law in that section.
The framework of examining criminals laws include your understanding of the

following elements as they are specifically and expressly provided in the law (you cannot,
change, distort, add, or diminish what is clearly written in the law itself as they
might greatly affect rights):
1. Definition of the crime.
2. What acts are prohibited
3. Who are the parties involved
4. Who are the accused as to the level of participation in the crime and what are
their corresponding penalties?
5. The effectivity of the penal law
You can use the following matrix in examining the criminal laws:
Why is the law Effectivity Definition Prohibited Accused as Penalty

considered of the law of the Acts to level of
Gender- crime participation
responsive

The Rights-Based Approach Model
Rationale for the Study of the Political-Legal Perspective of GAD
In the previous module, you have learned that there are gender issues in society
because of inequality set by society and reinforced by culture upon men and women,
girls, and boys, and recently, other genders, in terms of stereotyped characteristics, roles,
and expectations. This inequality is cascaded to the statuses, and the extent of access
to, control and enjoyment of resources, benefits, and opportunities of the members of
society based on gender. Because of inequality rights of marginalized sectors tend to be
violated.
The framework for studying this module is based on your understanding of what
law is and its functions in terms of realization of human rights. Human rights are
entitlements that are inherent and equal in all people because we are humans regardless
of qualifications, conditions, or statuses. Human rights have standard characteristics of
universality, equality, indivisibility, inalienability, duty and obligation. Reality and facts
show that in many fields, areas, and concerns, women and other marginalized sectors
experience inequality and discrimination. You have so far learned that gender issues or
conditions and situations where there is inequality and that the government is duty-bound
to address them through the implementation of the laws, policies, and programs. This is
precisely why we are using this framework in examining gender related laws and policies.
Laws, generally refer to a whole body or system of law; or rule of conduct formulated and
made obligatory by legitimate power of the state. Laws are classified in this module into
four (4) kinds as to the kinds of rights they cover and the level of duty they assign to
government as the duty bearer. So it is important that you know precisely what human
rights (HR) are. The reading culled from the website of the United Nations will help you in
this area.
From the UN Office of HR Commissioner:
“What are human rights?
Human rights are rights inherent to all human beings, whatever our nationality, place
of residence, sex, national or ethnic origin, color, religion, language, or any other
status. We are all equally entitled to our human rights without discrimination. These
rights are all interrelated, interdependent and indivisible.
Universal human rights are often expressed and guaranteed by law, in the forms of
treaties, customary international law, general principles and other sources of
international law. International human rights law lays down obligations of

Governments to act in certain ways or to refrain from certain acts, in order to promote
and protect human rights and fundamental freedoms of individuals or groups.
Human rights treaties, reflecting consent of States which creates legal obligations
for them and giving concrete expression to universality. Some fundamental human
rights norms enjoy universal protection by customary international law across all
boundaries and civilizations.
Human rights are inalienable. They should not be taken away, except in specific
situations and according to due process. For example, the right to liberty may be
restricted if a person is found guilty of a crime by a court of law.
Interdependent and indivisible
All human rights are indivisible, whether they are civil and political rights, such as
the right to life, equality before the law and freedom of expression; economic, social
and cultural rights, such as the rights to work, social security and education, or
collective rights, such as the rights to development and self-determination, are
indivisible, interrelated and interdependent. The improvement of one right facilitates
advancement of the others. Likewise, the deprivation of one right adversely affects
the others.
Equal and non-discriminatory
Non-discrimination is a cross-cutting principle in international human rights law. The

principle is present in all the major human rights treaties and provides the central
theme of some of international human rights conventions such as the International
Convention on the Elimination of All Forms of Racial Discrimination and the
Convention on the Elimination of All Forms of Discrimination against Women.
At this point, you must know the following general principles of human rights:
• Nature: Aspirations & Entitlements
• Parties: Right-holder & Duty-bearer
• State obligations: Respect, Fulfill and Protect
As to state duties and obligations, the government as the duty-bearer, observes

the following levels, lowest being Respect and highest is to protect.
• Respect (government should be neutral);
• Fulfil (provision of the needs or rights); and
• Protect (police power is used).

As to why gender issues are human rights issues, the following holds true:
• The basic inequality between genders as to access to power, resources, benefits,

opportunities is a violation of the HR principle of non-discrimination, equality and
universality
• The violation of the various rights of women, other genders that affect their status
is a basic gap in the performance of the functions of duty-bearers, namely the
government and its units.
Undoubtedly, human societies strive to respect, provide and protect human rights
because of the following goals for the marginalized:
• Non-Discrimination
• Empowerment
• Equality
• Equity
• Human Dignity
The processes of achieving realization of human rights involve the following:

– Accountability
– Good Governance
– Independence of Judiciary
– Legislative Capacity
– People’s Participation
– Transparency
HUMAN RIGHTS CONCEPTS

Human Dignity
 each individual regardless of status deserves to be honoured and esteemed
Empowerment
- power to act for and on one's own behalf to claim one's rights;
- emphasizes efforts of people themselves to bring about necessary changes
towards the full realization of all human rights, including that which comes with
the acquisition of critical analysis of one's situation.
Equality
 human rights are enjoyed by all on an equal basis, where women and men
should equally exercise all their human rights and equally enjoy their fruits.
 does not mean identical treatment at all times.
Equity
 characterized by fairness, justice and impartiality

 being fair is to use strategies and measures to compensate for ongoing,
historical, and social disadvantages that prevent certain groups from otherwise
operating on a level playing field.
 towards achievement of equality.
Non-discrimination
 all are entitled to human rights and to enjoy the fruits of development without
distinction of any kind, exclusion, restriction or preference based on any of the
following: race, color, gender, age, language, disability, political or other opinion,
nationality or other social origin, property, birth, or other status.
 Non-discrimination
 indirect discrimination occurs when a law, policy or programme does not appear
to be discriminatory, but has a discriminatory effect when implemented.
Attention to Vulnerable Groups
 recognizes the fact that there are certain groups in society, compared to the
general population, which are most prone to and defenceless against abuses or
violations of their human rights by reason of their contexts rooted in cultural and
social inequities.
Indivisibility
 entitlement to a totality of things
 rights have no hierarchy
 denial of one right invariably impedes enjoyment of other rights
Interrelatedness/
Interdependence
 efforts must ensure that all human rights are realized in an integrated manner
Universality
 Human rights belong to everyone, everywhere, since they are inherent and
inalienable to being human.
Transparency
 to see openly into all activities of government
 government must ensure full, free and public disclosure of all its decisions,
policies, rules, etc.
 information disclosed to the public must be complete and of high quality, in easily
understandable forms, timely, freely available and directly accessible to all
Accountability
 answerable to those it governs and responsible for all its decisions and actions
 violations of human rights may come in the form of direct action, inaction or
omission on the part of the State to respect, protect or fulfill the right or other
adjudicator
 Accountability
 proceedings for appropriate redress before competent court or other adjudicator
 the capacities needed by the rights-holders to assert and claim their rights
 Accountability
 policy formulation must clearly determine the human right to be addressed, what
must be done, what is the standard, who is accountable and what are the

remedies made available, as well as the availability of needed capacities or
resources to build lacking capacities
Participation
 informed participation
 autonomy as an organization respected and protected at all times
 opportunities for people to be capacitated and empowered
 Participation
 voluntary, recognized by law, free, and active
 raise the critical consciousness of the individual
 must include participation in decision making processes.
Good Governance
 creation of an enabling environment that is conducive for the enjoyment of all
human rights and its fruits, characterized by participatory, consensus-oriented,
accountable, transparent, responsive, effective and efficient, equitable and
inclusive governance, and following the laws
Good Governance
 involves a process whereby societies or organizations make their important
decisions, determine whom they involve in the process and how they render
account
 true test of governance is the degree to which it delivers on its promise of human
rights.
Legislative Capacity
 Human rights standard must be guaranteed by law
 the State cannot use any of its domestic processes to evade any of the
obligations, hence legislature must enact laws to repeal discriminatory laws or
those laws that are in contravention of or impedes State compliance with human
rights.
Independence of the Judiciary
• the judiciary should decide on all matters before it impartially, on the basis of
fact, in accordance with law, without improper influence or pressure.
4.1 CEDAW AND THE MAGNA CARTA OF WOMEN AND THE PHILIPPINE GAD
PROGRAM (2hours)
In this lesson, two types of laws are involved: International and National law. They
are bundled together because as far as our legal system is concerned, they are treated
on the same level as to enforceability. Many have the misconception that because
international laws and conventions are issued by international bodies, they must
automatically be regarded as a higher and more powerful kind of law and that they are
even more superior to our constitution. This is wrong! The hierarchy of laws principle
applies in all classes of laws: The constitution is the highest law of the land to which
ALL other laws conform.

The constitution provides the following regarding international law (here CEDAW
and other treaties and conventions are covered):.The President has the power to sign
and enter into treaties and conventions…But those must be ratified by the Senate to
become part of the law of the land. Without such ratification, international treaties,
agreements and conventions have no force and effect within our territory. This is because
our country is sovereign, meaning independent and beyond the control of other countries
and international entities, not even the United Nations, unless it expressly (through
ratification by the legislature) allows itself to be controlled.
The UN Convention of the Elimination of All Forms of Discrimination against

Women or CEDAW was agreed upon by the members of the UN last. The Philippine
Senate ratified it on. At the point of ratification, CEDAW took effect as a framework and
guide for the issuance of law concerning women and government became duty-bound to
observe its provisions in all its succeeding legislations and policy issuances and
implementation.
At this point, read and understand carefully the provisions of CEDAW in the
following reading:
Specific Purpose of CEDAW:
– elimination of all forms of discrimination against women
– guarantee of basic human rights and fundamental freedoms
Three CEDAW Principles:
Substantive Equality
• equality for women in all spheres on the basis of equality with men
• de jure & de facto equality
• in terms of treatment, access and opportunity, as well as in results
Substantive Equality
• Is achieved through:
– through the rule of law
– adoption of appropriate measures to promote women's actual enjoyment
or a right or benefit
• temporary special measure
Non-discrimination
• 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 the basis of equality
of men and women of human rights and fundamental freedoms in the political,
economic, social, cultural or civil or nay other field
Types of discrimination
• Direct Discrimination

• Indirect Discrimination: gender-neutrality in laws and policies may continuity
past discrimination. They may be modelled on male lifestyles and fail into
account aspects of women's life experiences which may differ from those of
men. Differences may result from stereotypical expectations, attitudes and
behavior.
Gender-based Violence
– Violence directed to a woman because she is a woman
– impairs women's rights to:
• life
• against torture or to cruel, inhuman and degrading treatment
• equality in the family
• highest standard of physical and mental health
State Obligation
• Obligation to respect, protect and fulfil
• Obligations of conduct and result
• Obligations to progressively realize to the maximum of available resources
• Obligation to eliminate discrimination in all its forms to ensure women's
advancement
The Philippine Magna Carta of Women
The Magna Carta of Women is comprehensive women’s human rights law that seeks to
eliminate discrimination against women by recognizing, protecting, fulfilling and
promoting the rights of Filipino women, especially those in marginalized sector.
The following primer on the Magna Carta of Women was culled from the website of the
Philippine Statistical Authority (2020)
What is discrimination against women?
The Magna Carta of Women defines discrimination against women as:
• any gender-based distinction, exclusion, or restriction 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;
• any act or omission, including by law, policy, administrative measure, or practice, that
directly or indirectly excludes or restricts women in the recognition and promotion of
their rights and their access to and enjoyment of opportunities, benefits, or privileges;
• a measure or practice of general application that fails to provide for mechanisms to

offset or address sex or gender-based disadvantages or limitations of women, as a
result of which women are denied or restricted in the recognition and protection of their
rights and in their access to and enjoyment of opportunities, benefits, or privileges; or

women, more than men are shown to have suffered the greater adverse effects of those
measures or practices; and
• discrimination compounded by or intersecting with other grounds, status, or condition,

such as ethnicity, age, poverty, or religion.
What are the rights of women guaranteed under the Magna Carta of Women?
All rights in the Philippine Constitution and those rights recognized under international
instruments duly signed and ratified by the Philippines, in consonance with Philippine
laws shall be rights of women under the Magna Carta of Women. These rights shall be
enjoyed without discrimination since the law prohibits discrimination against women,
whether done by public and private entities or individuals.
The Magna Carta of Women also spells out every woman's right to:
• Protection from all forms of violence, including those committed by the State. This
includes the incremental increase in the recruitment and training of women in
government services that cater to women victims of gender-related offenses. It also
ensures mandatory training on human rights and gender sensitivity to all government
personnel involved in the protection and defense of women against gender-based
violence, and mandates local government units to establish a Violence Against Women
Desk in every barangay to address violence against women cases;
• Protection and security in times of disaster, calamities and other crisis situations,
especially in all phases of relief, recovery, rehabilitation and construction efforts,
including protection from sexual exploitation and other sexual and gender-based
violence.
• Participation and representation, including undertaking temporary special measures

and affirmative actions to accelerate and ensure women's equitable participation and
representation in the third level civil service, development councils and planning bodies,
as well as political parties and international bodies, including the private sector.
• Equal treatment before the law, including the State's review and when necessary
amendment or repeal of existing laws that are discriminatory to women;
• Equal access and elimination of discrimination against women in education,

scholarships and training. This includes revising educational materials and curricula to
remove gender stereotypes and images, and outlawing the expulsion, non-
readmission, prohibiting enrollment and other related discrimination against women
students and faculty due to pregnancy outside of marriage;

• Equal participation in sports. This includes measures to ensure that gender-based
discrimination in competitive and non-competitive sports is removed so that women and
girls can benefit from sports development;
• Non-discrimination in employment in the field of military, police and other similar

services. This includes according the same promotional privileges and opportunities as
their men counterpart, including pay increases, additional benefits, and awards, based
on competency and quality of performance. The dignity of women in the military, police
and other similar services shall always be respected, they shall be accorded with the
same capacity as men to act in and enter into contracts, including marriage, as well as
be entitled to leave benefits for women such as maternity leave, as provided for in
existing laws;
• Non-discriminatory and non-derogatory portrayal of women in media and film to raise

the consciousness of the general public in recognizing the dignity of women and the
role and contribution of women in family, community, and the society through the
strategic use of mass media;
• Comprehensive health services and health information and education covering all
stages of a woman's life cycle, and which addresses the major causes of women's
mortality and morbidity, including access to among others, maternal care,
responsible, ethical, legal, safe and effective methods of family planning, and
encouraging healthy lifestyle activities to prevent diseases;
• Leave benefits of two (2) months with full pay based on gross monthly compensation,
for women employees who undergo surgery caused by gynecological disorders,
provided that they have rendered continuous aggregate employment service of at least
six (6) months for the last twelve (12) months;
• Equal rights in all matters relating to marriage and family relations. The State shall
ensure the same rights of women and men to: enter into and leave marriages, freely
choose a spouse, decide on the number and spacing of their children, enjoy personal
rights including the choice of a profession, own, acquire, and administer their property,
and acquire, change, or retain their nationality. It also states that the betrothal and
marriage of a child shall have no legal effect. The Magna Carta of Women also
guarantees the civil, political and economic rights of women in the marginalized sectors,
particularly their right to:
• Food security and resources for food production, including equal rights in the titling
of the land and issuance of stewardship contracts and patents;
• Localized, accessible, secure and affordable housing;
• Employment, livelihood, credit, capital and technology;

• Skills training, scholarships, especially in research and development aimed towards
women friendly farm technology;
• Representation and participation in policy-making or decision-making bodies in the

regional, national, and international levels;
• Access to information regarding policies on women, including programs, projects

and funding outlays that affect them;
• Social protection;
• Recognition and preservation of cultural identity and integrity provided that these
cultural systems and practices are not discriminatory to women;
• Inclusion in discussions on peace and development;
• Services and interventions for women in especially difficult circumstances or

WEDC;
• Protection of girl-children against all forms of discrimination in education, health and

nutrition, and skills development; and
• Protection of women senior citizens.
The Magna Carta of Women defines the marginalized sectors as those who belong to
the basic, disadvantaged, or vulnerable groups who are mostly living in poverty and
have little or no access to land and other resources, basic social and economic services
such as health care, education, water and sanitation, employment and livelihood
opportunities, housing security, physical infrastructure and the justice system. These
include, but are not limited to women in the following sectors or groups: Small farmers
and rural workers, Fisher folk, Urban poor, Workers in the formal economy, Workers in
the informal economy, Migrant workers, Indigenous Peoples, Moro, Children, Senior
citizens, Persons with disabilities, and Solo parents.
How can Filipino women living abroad benefit from this law?
Statistics show that more and more Filipino women are migrating for overseas
employment. In many places, women migrant workers have limited legal protections or
access to information about their rights, rendering them vulnerable to gender-specific
discrimination, exploitation and abuse. Section 37 of the Magna Carta of Women
mandates the designation of a gender focal point in the consular section of Philippine
embassies or consulates. The said officer who shall be trained on Gender
and Development shall be primarily responsible in handling gender concerns of women
migrant workers, especially those in distress. Other agencies (e.g. the Department of
Labor and Employment and the Department of Social Welfare and Development) are
also mandated to cooperate in strengthening the Philippine foreign posts' programs for

the delivery of services to women migrant workers, consistent with the one-country
team approach in Foreign Service.
Who will be responsible for implementing the Magna Carta of Women?
The State, the private sector, society in general, and all individuals shall contribute to
the recognition, respect and promotion of the rights of women defined and guaranteed
in the Magna Carta of Women. The Philippine Government shall be the primary duty-
bearer in implementing the said law. This means that all government offices, including
local government units and government-owned and controlled corporations shall be
responsible to implement the provisions of Magna Carta of Women that falls within their
mandate, particularly those that guarantee rights of women that require specific action
from the State. As the primary duty-bearer, the Government is tasked to:
• refrain from discriminating against women and violating their rights;

• protect women against discrimination and from violation of their rights by private
corporations, entities, and individuals;
• promote and fulfill the rights of women in all spheres, including their rights to
substantive equality and non-discrimination.
The Government shall fulfill these duties through the development and implementation
of laws, policies, regulatory instruments, administrative guidelines, and other
appropriate measures, including temporary special measures. It shall also establish
mechanisms to promote the coherent and integrated implementation of the Magna
Carta of Women and other related laws and policies to effectively stop discrimination
against Filipino women.
What are the specific responsibilities of government under the Magna Carta of
Women?
The Magna Carta of Women mandates all government offices, including government-
owned and controlled corporations and local government units to adopt gender
mainstreaming as a strategy for implementing the law and attaining its objectives. It
also mandates (a) planning, budgeting, monitoring and evaluation for gender and
development, (b) the creation and/or strengthening of gender and development focal
points, and (c) the generation and maintenance of gender statistics and sex-
disaggregated databases to aid in planning, programming and policy formulation.
Under this law, the National Commission on the Role of Filipino Women which will be
renamed as the Philippine Commission on Women (PCW) shall be the overall
monitoring and oversight body to ensure the implementation of the law. As an agency
under the Office of the President of the Philippines, it will be the primary policy-making
and coordinating body for women and gender equality concerns and shall lead in
ensuring that government agencies are capacitated on the effective implementation
of the Magna Carta of Women.

Consistent with its mandate, the Commission on Human Rights shall act as the Gender
and Development Ombud to ensure the promotion and protection of women's human
rights. The Commission on Audit shall conduct an annual audit on the government
offices' use of their gender and development budgets for the purpose of determining its
judicious use and the efficiency, and effectiveness of interventions in addressing
gender issues. Local government units are also encouraged to develop and pass
a gender and development code to address the issues and concerns of women in their
respective localities based on consultation with their women constituents.
What are the penalties of violators?

If the violation is committed by a government agency or any government office,
including government-owned and controlled corporations and local government units,
the person directly responsible for the violation, as well as the head of the agency or
local chief executive shall be held liable under the Magna Carta of Women. The
sanctions under administrative law, civil service or other appropriate laws shall be
recommended by the Commission on Human Rights to the Civil Service Commission
and the Department of the Interior and Local Government.
Further, in cases where violence has been proven to be perpetrated by agents of the
State, such shall be considered aggravating offenses with corresponding penalties
depending on the severity of the offenses.
If the violation is committed by a private entity or individual, the person directly

responsible for the violation shall be liable to pay damages. Further, the offended party
can also pursue other remedies available under the law and can invoke any of the other
provisions of existing laws, especially those that protect the rights of women.
How will the implementation of the Magna Carta of Women be funded?

The Magna Carta of Women provides that the State agencies should utilize their
gender and development budgets for programs and activities to implement its
provisions. Funds necessary for the implementation of the Magna Carta of Women
shall be charged against the current appropriations of the concerned agencies, and
shall be included in their annual budgets for the succeeding years.
The Magna Carta of Women also mandates the State to prioritize allocation of all
available resources to effectively fulfill its obligations under the said law.
When is the effectivity of the Magna Carta of Women?

The Magna Carta of Women shall take effect fifteen (15) days after its publication in at
least two (2) newspapers of general circulation.
Who will formulate the Implementing Rules and Regulations?

The Philippine Commission on Women, in coordination with the Commission on
Human Rights and all concerned departments and agencies including, as observers,
both Houses of Congress, and with the participation of representatives from non-
government organizations and civil society groups shall formulate the implementing

rules and regulations of the Magna Carta of Women within one hundred eighty (180)
days after its effectivity.
4.2 LAWS PROTECTING SOCIO-ECONOMIC AND CULTURAL RIGHTS OF WOMEN

AND OTHER GENDERS (4 hours)
Economic, social, and cultural rights include the human right to work, the right to an
adequate standard of living, including food, clothing, and housing, the right to physical
and mental health, the right to social security, the right to a healthy environment, and the
right to education.
Social rights include the rights to an adequate standard of living, affordable housing,
food, education, an equitable health system, and social security based on respect, not
sanctions. There is evidence that they improve the lives of individuals and communities.
They are rights related to themes such as language; cultural and artistic production;
participation in cultural life; cultural heritage; intellectual property rights; author's rights;
minorities and access to culture, among others.
The matrix below may be used to analyze laws that cover socio-economic, and
cultural rights:
Law Date of Why is this law Rights Covered Intended
Effectivity considered a Economic Social Cultural Effect of
GAD-responsive the Law
law
The following is a list of laws that cover socio-economic and political rights of
women. Search for the full text and discussion of the laws and use the matrix above to
analyze at least three (3) of them.
 Republic Act 9729: Climate Change Act of 2009
October 29, 2009
It is the policy of the State to afford full protection and the advancement of the
right of the people to a healthful ecology in accord with the rhythm and harmony
of nature. In this light, the State has adopted the Philippine Agenda 21
framework which espouses sustainable development, to fulfill human needs
while maintaining the quality of the natural environment for current and future
generations.
 Republic Act 9710: Magna Carta of Women

August 14, 2009
The Magna Carta of Women (MCW) is a comprehensive women’s human rights

law that seeks to eliminate discrimination through the recognition, protection,
fulfillment, and promotion of the rights of Filipino women, especially those
belonging in the marginalized sectors of the society. It conveys a framework of
rights for women based directly on international law.
 Republic Act 9501: Magna Carta for Micro, Small and Medium Enterprises
May 23, 2008
An act to promote entrepreneurship by strengthening development and

assistance programs to micro, small and medium scale enterprises, amending
for the purpose republic act no. 6977, as amended, otherwise known as the
“Magna Carta For Small Enterprises” and for other purposes
 Republic Act 8980: Early Childhood Care and Development Act
December 5, 2002
It is hereby declared the policy of the State to promote the rights of children to
survival, development and special protection with full recognition of the nature
of childhood and its special needs; and to support parents in their roles as
primary caregivers and as their children’s first teachers. The State shall
institutionalize a National System for Early Childhood Care and Development
(ECCD) that is comprehensive, integrative and sustainable, that involves multi-
sectoral and inter-agency collaboration at the national and local levels among
government; among service providers, families and communities; and among
the public and private sectors, non-government organizations, professional
associations, …
 Republic Act 9178: Barangay Micro Business Enterprises Act of 2002
November 13, 2002
Section 1. Short Title – This Act shall be known as the “Barangay Micro
Business Enterprises (BMBE’s) Act of 2002.”
 Republic Act 8972: Solo Parents’ Welfare Act of 2000
November 7, 2000
It is the policy of the State to promote the family as the foundation of the nation,
strengthen its solidarity and ensure its total development. Towards this end, it
shall develop a comprehensive program of services for solo parents and their

children to be carried out by the Department of Social Welfare and Development
(DSWD), the Department of Health (DOH), the Department of Education, Culture
and Sports (DECS), the Department of the Interior and Local Government
(DILG), the Commission on Higher Education (CHED), the Technical Education
and Skills Development Authority (TESDA), the National Housing Authority
(NHA), the Department of Labor …
 Republic Act 8760: General Appropriations Act of 2000
February 16, 2000
In consultation with the National Commission on the Role of Filipino Women

(NCRFW), all departments including their attached agencies, offices, bureaus,
agencies, state universities and colleges, government-owned and controlled
corporations and other instrumentalities, shall formulate a GAD Plan, designed
to empower women and address gender issues, in accordance with R.A. 7192
and the Philippine Plan for Gender-Responsive Development (PPGD), 1995-
2025. The cost of implementation of the GAD Plan shall be at least five percent
(5%) of the agency’s total FY 2000 budget appropriations.
 Republic Act 8745: General Appropriations Act of 1999
December 30, 1998
Programs/Projects Related to Gender and Development (GAD) – The National

Economic and Development Authority (NEDA) and the Department of Budget
and Management (DBM), in consultation with the National Commission on the
Role of Filipino Women (NCRFW), shall formulate a set of guidelines for the
implementation of programs/projects related to GAD.
 Republic Act 8425: Social Reform and Poverty Alleviation Act
June 30, 1998
Adopt an area-based, sectoral and focused intervention to poverty alleviation

wherein every poor Filipino family shall be empowered to meet its minimum
basic needs of health, food and nutrition, water and environmental sanitation,
income security, shelter and decent housing, peace and order, education and
functional literacy, participation in governance, and family care and psycho-
social integrity;
 Republic Act 8424: The Tax Reform Act of 1997
February 25, 1998

An income tax is hereby imposed: (a) On the taxable income defined in Section
31 of this Code, other than income subject to tax under Subsections (B), (C) and
(D) of this Section, derived for each taxable year from all sources within and
without the Philippines be every individual citizen of the Philippines residing
therein;
 Republic Act 10398: An Act Declaring November Twenty-Five Of Every

Year As “National Consciousness Day For The Elimination Of Violence
Against Women And Children”
March 19, 2013
Heads of government agencies and instrumentalities, government-owned and -

controlled corporations, local government units and employers in the private
sector shall, together with their employees, organize, engage or participate in
activities designed to raise public awareness on the problem of violence, and the
elimination of all forms of violence, against women and children.
 Republic Act No. 10361: Domestic Workers Act or Batas Kasambahay
January 18, 2013
The State strongly affirms labor as a primary social force and is committed to
respect, promote, protect and realize the fundamental principles and rights at
work including, but not limited to, abolition of child labor, elimination of all forms
of forced labor, discrimination in employment and occupation, and trafficking in
persons, especially women and children
 Republic Act 10354: The Responsible Parenthood and Reproductive

Health Act of 2012
December 21, 2012
This Act shall be known as “The Responsible Parenthood and Reproductive

Health Act of 2012″. The State recognizes and guarantees the human rights of
all persons including their right to equality and nondiscrimination of these rights,
the right to sustainable human development, the right to health which includes
reproductive health, the right to education and information, and the right to
choose and make decisions for themselves in accordance with their religious
convictions, ethics, cultural beliefs, and the demands of responsible parenthood.

 Republic Act No. 10174: An Act establishing the people’s survival fund to
provide long-term finance streams to enable the government to effectively
address the problem of Climate Change
August 16, 2012
“SEC. 2. Declaration of Policy. – It is the policy of the State to afford full

protection and the advancement of the right of the people to a healthful ecology
in accord with the rhythm and harmony of nature. In this light, the State has
adopted the Philippine Agenda 21 framework which espouses sustainable
development, to fulfill human needs while maintaining the quality of the natural
environment for current and future generations.
 Republic Act 10121: Philippine Disaster Risk Reduction and Management

Act of 2010
May 27, 2010
An act strengthening the Philippine disaster risk reduction and management

system, providing for the national disaster risk reduction and management
framework and institutionalizing the national disaster risk reduction and
management plan, appropriating funds therefor and for other purposes.
4.3 CRIMINAL LAWS ON GENDER-BASED VIOLENCE (5 hours)

The penal code which was passed in and took effect on, is a compilation of
criminal laws which affect all in general. However, the following laws are passed by
congress to address gender issues not specifically covered by the Penal /code:
 Republic Act 11313: Safe Spaces Act
April 17, 2018
Republic Act 11313: Safe Spaces Act Republic of the Philippines Congress of
the Philippines Metro Manila Seventeenth Congress Third Regular Session
Begun and held in Metro Manila, on Monday, the twenty-third day of July, two
thousand eighteen AN ACT DEFINING GENDER-BASED SEXUAL
HARASSMENT IN STREETS, PUBLIC SPACES, ONLINE, WORKPLACES,
AND EDUCATIONAL OR TRAINING INSTITUTIONS, PROVIDING
PROTECTIVE MEASURES AND PRESCRIBING continue reading : Republic
Act 11313: Safe Spaces Act
 Republic Act 9262: Anti-Violence Against Women and Their Children Act
of 2004

March 8, 2004
Declaration of Policy - It is hereby declared that the State values the dignity of
women and children and guarantees full respect for human rights. The State also
recognizes the need to protect the family and its members particularly women
and children, from violence and threats to their personal safety and security.
 Republic Act 9208: Anti-Trafficking in Persons Act of 2003
May 26, 2003
An Act to institute policies to eliminate trafficking in persons especially women

and children, establishing the necessary institutional mechanisms for the
protection and support of trafficked persons, providing penalties for its violations,
and for other purposes.
 Republic Act 9995: Anti-Photo and Video Voyeurism Act of 2009
February 15, 2010
An act defining and penalizing the crime of photo and video voyeurism,
prescribing penalties therefor, and for other purposes. Be it enacted by the
Senate and House of Representative of the Philippines in Congress assembled:
 Republic Act 9775: Anti-Child Pornography Act of 2009
November 17, 2009
An Act defining the crime of child pornography, prescribing penalties therefor

and for other purposes.
4.3.1 Philippine Policy on Anti-Sexual Harassment

Below is a primer for the Expanded Anti-Sexual Harassment Law or the Anti-Bastos
Law
Introduction
On April 17, 2019, the Safe Spaces Act, or popularly known the “Bawal Bastos
Law” was signed into law. With the aim of ensuring and individual’s sense of personal
space and public safety, the Safe Spaces Act addresses the gender-based sexual
harassment in public areas such as streets, privately-owned places open to the public,

and public utility vehicles, among others. It also extends the protection even to
cyberspace, and provides for prohibited acts and their corresponding penalties.
Here is an outline of this discussion based on the provisions of the law

1. Declaration of policies;
2. Definition of Terms;
3. Gender-Based Streets and Public Spaces Sexual Harassment
4. Gender-Based Online Sexual Harassment
5. Gender-Based Sexual Harassment in the Workplace
6. Gender-Based Sexual Harassment in Educational and Training Institutions.
7. Penalties
Definition of the Crime of Sexual Harassment
Sexual Harassment: it is an act or a series of acts involving any unwelcome sexual

advance, request or demand for sexual favor, or other verbal or physical behavior of a
sexual nature, committed by a government employee or official in a work-related,
training or education-related environment (RA 7877)
Sexual harassment refers to unwanted sexual conduct targeted at a particular person

or persons that cause or likely to cause mental, emotional or psychological distress,
and fear of personal safety , sexual harassment acts including unwanted sexual
remarks and comments, threats, and other behavior. (RA 11313)
Title of the Law
The law is RA 11313 or Safe Spaces Act. Its tile is: AN ACT DEFINING
GENDER-BASED SEXUAL HARASSMENT IN STREETS, PUBLIC SPACES,
ONLINE, WORKPLACES, AND EDUCATIONAL OR TRAINING INSTITUTIONS.
PROVIDING PROTECTIVE MEASURES AND PRESCRIBING PENALTIES
THEREFOR
Declaration of Policies
It is the policy of the State to:

(a) value the dignity of every human person
(b) guarantee full respect for human rights.
(c) recognize the role of women in nation-building and ensure the fundamental
equality before the law of women and men.
(d) recognizes that both men and women must have equality, security and safety
not only in private, but also on the streets, public spaces, online, workplaces,
and educational and training institutions.
Definition of Terms:

(a.) Catcalling refers to unwanted remarks directed towards a person, commonly done
in the form of wolf-whistling and misogynistic, transphobic, homophobic, and sexist
slurs;
(b.) Employee refers to a person, who in exchange for remuneration, agree to perform
specified services for another person, whether natural or juridical, and whether private
or public, who exercises fundamental control over the work, regardless of the term or
duration of agreement: Provided, That for the purpose of this law, a person who is
detailed to an entity under subcontracting or secondment agreement shall be
considered an employee;
(c.) Employer refers to a person who exercises control over an employee: Provided,
That for the purpose of this Act, the status or conditions of the latter’s employment or
engagement shall be disregarded;
(d.) Gender refers to as set of socially ascribed characteristics, norms, roles, attitudes,
values and expectations identifying the social behavior of men and women, and the
relations between them;
(f.) Gender identity and/or expression refers to the personal sense of identity as
characterized, among others, by manner of clothing, inclinations, and behavior in
relation to masculine or feminine conventions. A person may have a male or female
identity with physiological characteristics of the opposite sex, in which case this person
is considered transgender;
(g.) Public spaces refer to streets and alleys, public parks, schools, buildings, malls,
bars, restaurants, transportation terminals, public markets, spaces used as evacuation
centers, government offices, public utility vehicles as well as private vehicles covered
by app-based transport network services and other recreational spaces such as, but
not limited to, cinema halls, theaters and spas; and
h.) Stalking refers to conduct directed at a person involving the repeated visual or
physical proximity, non-consensual communication, or a combination thereof that cause
or will likely cause a person to fear for one’s own safety or the safety of others, or to
suffer emotional distress.
TYPES OF SEXUAL HARASSMENT
I. Gender-Based Streets and Public Spaces Sexual

Harassment (Sec.4)
The crimes of gender-based streets and public spaces sexual harassment are
committed through any unwanted and uninvited sexual actions or remarks
against any person regardless of the motive for committing such action or
remarks.

Whether verbal or physical that is unwanted and has threatened one’s sense of
personal space and physical safety, and committed in public spaces such as alleys,
sidewalks and parks.
II. Gender-Based Sexual Harassment In Restaurants And Cafés, Bars And

Clubs, Resorts And Water
( Parks, Hotels and Casinos, Cinemas, Malls, Buildings and Other
Privately-Owned Places Open to the Public)(Sec5)
a. Shall adopt a zero-tolerance policy against gender-based streets and public

spaces sexual harassment;
b. These establishments are obliged to provide assistance to victims of gender-

based sexual harassment by coordinating with local police authorities
immediately after gender-based sexual harassment is reported;
c. Making CCTV footage available when ordered by the court, and providing a safe
gender-sensitive environment to encourage victims to report gender-based
harassment at the first instance.
Can minor be held liable for violating RA 11313?

In case the offense is committed by a minor, the Department of Social Welfare and
Development (DSWD) shall take necessary disciplinary measures as provided for
under Republic Act No. 9334, otherwise known as the “Juvenile Justice and Welfare
Act of 2006”. (Section 7)
III. Gender-Based Sexual Harassment In Public Utility Vehicles.(Sec6)
The LTO may cancel the license of perpetrators found to have committed acts
constituting sexual harassment in public utility vehicles, and the LTFRB may suspend
or revoke the franchise of transportation operators who commit gender-based streets
and public spaces sexual harassment acts.

Gender-based sexual harassment in public utility vehicles (PUVs) where the
perpetrator is the driver of the vehicle shall also constitute a breach of contract of
carriage for the purpose of creating a presumption of negligence on the part of the
owner or operator of the vehicle.
Local Government units (LGUs) shall bear primary responsibility in enforcing the
provisions under Article I of this Act. LGU shall have the following duties
1. Pass an ordinance which shall localize the applicability of this Act within sixty (60)
days of its effectivity;
2. Disseminate or post in conspicuous places a copy of this Act and corresponding
ordinance
3. Provide measures to prevent gender-based sexual harassment in educational
institutions, such as information campaigns and anti-sexual harassment seminars.
4. Discourages and impose fines on acts of gender-based sexual harassment as
defined in this Act;
5. Create an anti-sexual harassment hotline; and
6. Coordinate with the Department of the Interior and Local Government (DILG) on the
implementation of this Act
IMPLEMENTING BODIES FOR GENDER-BASED SEXUAL HARASSMENT IN

STREETS AND PUBLIC SPACES
Sec. 11. Specific Acts and Penalties for Gender-Based Sexual Harassment in
Streets and Public Spaces
Specific Acts:
1. The use of words, gestures or actions that ridicule on the basis of sex, gender
or sexual orientation, identify and/or expression including sexist, homophobic,
and transphobic statements and slurs;

2. The persistent telling of sexual jokes, use of sexual names, comments and
demands,
3. And any statement that has made an invasion on a person’s personal space or
threatens the person’s sense of personal safety.
Penalties:
1. The first offense shall be punished by a fine of One Thousand pesos (P1,000)
and community service of twelve (12) hours inclusive of attendance to a Gender
Sensitivity Seminar to be conducted by the PNP in coordination with the LGU
and the PCW;
2. The second offense shall be punished by arresto menor (6 to 10 days) or a fine
of Three Thousand Pesos (P3,000);
3. The third offense shall be punished by arresto menor (11 to 30 days) and a fine
of Ten thousand pesos (P10,000).
Specific Acts:
1. For acts such as making offensive body gestures at someone, and exposing
private parts for the sexual gratification of the perpetrator with the effect of
demeaning, harassing, threatening or intimidating the offended party including
flashing of private parts, public masturbation, groping and similar lewd sexual
actions.
Penalties:
1. The first offense shall be punished by a fine of Ten Thousand Pesos
(P10,000.00) and community service of twelve (12) hours inclusive of
attendance to a Gender Sensitivity Seminar, to be conducted by the PNP in
coordination with the LGU and the PCW;
2. The second offense shall be punished by arresto menor ( 11 to 30 days ) or a
fine of Fifteen Thousand Pesos (P15,000.00);
3. The third offense shall be punished by arresto mayor (1 month and 1 day to 6
months) and a fine of Twenty Thousand Pesos (P20,000.00)
Specific Acts:
1. For acts such as stalking, and any of the acts mentioned in Section 11
paragraphs (a) and (b), when accompanied by touching, pinching or brushing
against the body of the offended person; or any touching, pinching or brushing
against the genitalia, face, buttocks or any part of the victim’s body even when
not accompanied by acts mentioned in Section 11 paragraphs (a) and (b)
Penalties:
1. The first offense shall be punished arresto menor (11 to 30 days) or fine of Thirty
Thousand pesos (P30,000.00), provided that it includes attendance in a Genders
Sensitivity Seminar, to be conducted by the PNP in coordination with the LGU
and the PCW;
2. The second offense shall be punished by arresto mayor in its maximum period
or a fine of One Hundred Thousand Pesos (P100,000.00)

IV. Gender-Based Online Sexual Harassment
1. Use information and communications technology in terrorizing and intimidating

victims through physical, psychological, and emotional threats;
2. Unwanted sexual misogynistic, transphobic, homophobic and sexist remarks
and comments online whether publicly or through direct and private messages;
3. Invasion of victim’s privacy through cyber stalking and incessant messaging
uploading and sharing without the consent of the victim;
4. Any form of media that contains photos, voice, or video with sexual content;
5. Any unauthorized recording and sharing of any of the victim’s photos, videos, or
any information online impersonating identities of victims online or posting lies
about victims to harm their reputation;
6. Filing, false abuse reports to online platforms to silence victims;
Implementing Bodies For Gender-Based Online Sexual Harassment
PNP Anti-Crime Group (PNPACG) as National Operational Support Unit

of the PNP which is primarily responsible for the implementation of pertinent
Philippine Laws on cybercrime
Functions:
 Receive the complaints of gender-based online sexual harassment

 Develop an online mechanism for reporting real-time gender-based
online sexual harassment acts and apprehend perpetrators.
Penalties for Online Sexual Harassment:
1. The penalty of prison correctional in its medium period or a fine of not less than
One Hundred Thousand Pesos (P100,000.00) but not more than Five Hundred
Thousand Pesos (P500,000.00) or both at the discretion of the court shall be
imposed upon any person found guilty of any gender-based online sexual
harassment.
2. If the perpetrator is juridical person, its license or franchise shall be automatically
deemed revoked, and the persons liable shall be the officers thereof, including
the editor or reporter in case of broadcast media.
3. An alien who commits gender-based online sexual harassment shall be subject
to deportation proceedings after serving sentence and payment of fines.

GENDER-BASED SEXUAL HARASSMENT IN THE WORKPLACE (Sec. 16)
(A) An act or series of acts involving any unwelcome sexual advances, requests or
demand for sexual favors or any acts of sexual nature, whether done verbally,
physically or through the use of technology such as text messaging or electronic
mail or through any other forms of information and communication systems, that
has or could have detrimental effect on the conditions of an individual’s
employment or education; job performance or opportunities;
(B) A conduct of sexual nature and other conduct-based on sex affecting the dignity
of a person, which is unwelcome, unreasonable and offensive to the recipient
whether done verbally, physically or through the use of technology such as text
messaging or electronic mail or through any other forms of information and
communications systems.
(C) A conduct that is unwelcome and pervasive and creates an intimidating hostile
or humiliating environment for the recipient. Provided, that the crime of gender-
based sexual harassment may also be committed between peers and those
committed to a superior officer by a subordinate, or to a teacher by a student, or
to a trainer by a trainee; and
(D) Information and communication system refers to a system for generating

sending, receiving storing or otherwise processing electronic data messages or
electronic documents and includes the computer system or other similar devices
by or in which data are recorded or stored and any procedure related to the
recording or storage of electronic data messages or electronic documents.
DUTIES OF EMPLOYERS:
a. Disseminate or post in a conspicuous place a copy of this Act to all persons in

the workplace;
b. Provide measures to prevent gender-based sexual harassment in the

workplace, such as the conduct of anti-sexual harassment seminars;
c. Create an independent and address complaints of gender-based sexual

harassment which shall:
1. Adequately represent the management, the employees from the supervisory
rank, the rank-and-file employees, and the union, if any:
2. Designate a woman as its head and not less than half of its members should
be women;
3. Be composed of members who should be impartial and not connected or
related to the perpetrator;
4. Investigate and decide on the complaints within ten (10) days or less upon
receipt thereof;

5. Observe due process;
6. Protect the complainant from retaliation; and
7. Guarantee confidentiality to the greatest extent possible.
d. Provide and disseminate in consultation with all persons in the workplace a code
of conduct or workplace policy which shall:
1. Expressly reiterate the prohibition on gender-based sexual harassment;
2. Describe the procedures of the internal mechanism created under Section
17 (c) of this Act;
3. Set administrative policies.
LIABILITY OF EMPLOYERS
1. Any person who violates subsection (a) of this section, shall upon conviction, be
penalized with a fine of not less than Five Thousand Pesos (P5,000.00) nor more
than Ten Thousand Pesos (P10,000.00)
2. Any person who violates subsection (b) of this section, shall upon conviction, be
penalized with a fine of not less than Ten Thousand Pesos (P10,000.00) nor
more than Fifteen Thousand Pesos (P15,000.00)
GENDER-BASED SEXUAL HARASSMENT IN EDUCATIONAL AND TRAINING

INSTITUTIONS (SEC. 21)
All schools, whether public or private, shall designate an officer-in-charge to

receive complaints regarding violations of this Act, and shall ensure that the victims are
provided with a gender-sensitive environment that is both respectful to the victims’
needs and conducive to truth-telling.
 If a school knows or reasonably should know about acts of gender-based

sexual violence being committed that creates a hostile environment, the
school must take immediate action to eliminate the same acts, prevent
their recurrence, and address their effects.
 Once a perpetrator is found guilty, the educational institution may reserve

the right to strip the diploma from the perpetrator or issue an expulsion
order.
The committee on decorum and investigation (CODI) of all educational

institutions shall address gender-based sexual harassment and online sexual
harassment in accordance with the rules and procedures contained in their CODI
manual.
DUTIES OF SCHOOL HEADS

a. Disseminate or post a copy of this Act in a conspicuous place in the
educational institution;
b. Provide measures to prevent gender-based sexual harassment in
educational institutions, like information campaigns;
c. Create an independent internal mechanism or a CODI to investigate

and address complaints of gender-based sexual harassment which
shall:
(1) Adequately represent the school administration, the trainers, instructors,
professors or coaches and students or trainees, students and parents, as
the case may be;
(2) Designate a woman as its head and not less than half of its members
should be women;
(3) Ensure equal representation of persons of diverse sexual orientation,

identify and/or expression, in the CODI as far as practicable;
(4) Be composed of members who should be impartial and not connected or related
to the alleged perpetrator;
(5) Investigate and decide on complaints within ten (10) days or less upon receipt
thereof:
(6) Observe due process;
(7) Protect the complainant from retaliation; and
8) Guarantee confidentiality to the greatest extent possible
(d) Provide and disseminate, in consultation with all persons in the educational
institution, a code of conduct or school policy which shall;
(1) Expressly reiterate the prohibition on gender-based sexual harassment
(2) Prescribe the procedures of the internal mechanism created under this
Act; and
(3) Set administrative penalties.
In addition to liability for committing acts of gender-based sexual harassment,

principals, school heads, teachers, instructors, professors, coaches, trainers, or any
other person who has authority, influence or moral ascendancy over another in an
educational or training institution may also be held responsible for:
(a) Non-implementation of their duties under Section 22 of this Act, as provided
in the penal provision; or
(b) Failure to act on reported acts of gender-based sexual harassment
committed in the educational institution.
Any person who violates subsection (a) of this section shall upon conviction, be
penalized with a fine of not less than Five Thousand pesos (P5,000.00) nor
more than Ten Thousand pesos (P10,000.00)

Any person who violates subsection (b) of this section, shall upon conviction,
be penalized with a fine of not less than Ten Thousand Pesos (P10,000.00)
nor more than Fifteen Thousand Pesos (P15,000.00)
Any person who violates subsection (b) of this section, shall upon conviction,
be penalized with a fine of not less than Ten Thousand Pesos (P10,000.00)
nor more than Fifteen Thousand Pesos (P15,000.00)
Minor students who are found to have committed acts of gender-based sexual
harassment shall only be held liable for administrative sanctions by the school
as stated in their school handbook.
The Department of Education (DepEd), the Commission on Higher Education
(CHED), and the Technical Education and Skills Development Authority
(TESDA) shall conduct regular spontaneous inspections to ensure compliance
of school heads with their obligations under this Act.
ACTIVITIES:
Draw a poster for this chapter to illustrate the knowledge that you grained in this topic.
EXERCISE:

1. Show your knowledge of the social, economic, cultural and political rights as well
as the kind and level of required government obligation required. Check the
column to a) Identify the Type of rights and b) level of obligation required of
government to fulfill them
2. The matrix below will show your knowledge of the social, economic, cultural and
political law as well as the kind and level of required government obligation.
Check the column to a) Identify the Type of rights and b) level of obligation
required of government to fulfill them
3. Read the Philippine Magna Carta of Women and a) enumerate ten (10) rights
covered by this law; b) identify as to what type each is; and c) what level of
obligation is required of government to fulfill them. You can use a matrix to present
your answer.
4. Google the following criminal laws and accomplish the matrix below:
4.1 Anti-Domestic Violence Law
4.2 Gender-Based Cyber Crime
4.3 Anti-Human Trafficking Law
4.4 Rape Law
Why is the Title of Effectivity Definition Prohibited Accused as Penalty

law the of the law of the Acts to level of
considered Law crime participation
Gender-
responsive
4.4 THE SOGIE BILL

Intended Learning Outcomes:
At the end of this lesson, students should be able to:
1. Understand the background, rationale, salient provisions, and potential impacts of
the SOGIE Equality Bill once enacted; and
2. Have a stand/ position on whether he/she agree/ disagree on the existence and
legality of the aforementioned Bill.
PRE-TEST:
Test your current knowledge of the present “Anti- Discrimination Law”. Write
TRUE if you think the statement is truthful and FALSE if not.
_____1. “SOGIE Equality Bill” is a newly proposed bill from the 17 th Congress.
_____2. All LGU’s over the country have enacted their own Anti-Discrimination
Ordinances.
_____3. Philippines is an accepting country for the LGBT community.
_____4. The current SOGIE Equality Bill regulates the formal recognition and
registration of groups based on the members or constituent’s SOGIE.
_____5. The proposed “SOGIE Equality Bill” paves the way for the legalization of same-
sex marriage.
_____6. The proposed SOGIE Equality Bill legalizes the disclosure of the SOGIE in the
purpose of employment.
_____7. The proposed bill penalizes gender profiling for detention and harassment.

_____8. The proposed bill prohibits an individual to undergo medical or psychological
examinations to determine or alter the person’s SOGIE, without informed
consent.
_____9. The women and children desk will be redressed into women, children, and
LGBTQ++ desk under the proposed bill.
_____10. Under the proposed bill, it is illegal to deny a person, access or use of
establishments and facilities open to the general public on the basis of their
SOGIE.
Introduction
As cited by Sen. Francis “Kiko” Pangilinan in his explanatory note for House Bill
No. 689 entitled “An Act Prohibiting Discrimination on the Basis of Sexual Orientation and
Gender Identity or Expression (SOGIE) and Providing Penalties therefor”, the Philippines
placed second, after Australia, as the most gay-friendly country among the Asia-Pacific
nations and holds the largest and oldest pride demonstration in the Southeast Asian
Region- The Manila Pride March. Furthermore, it was cited that a study conducted by the
Pew Research Center, had revealed that 73% of the adult Filipinos agrees that
homosexuality should be accepted by the society.
Despite these numbers, SPARTACUS Gay Travel Index 2019, an annual study on
how gay friendly countries based on different factors, such as laws and hostility of locals,
had the Philippines on the 95th rank out of 197 countries. Also, the Philippines is believed
to be only tolerant than accepting of the LGBT community. Despite of the different local
legislations enacted against discrimination, a study of the United Nations (UN) revealed
that 30% of the LBGT members of the Philippines reported being harassed, bullied, or
discriminated while at work on the basis of their SOGIE. In addition, the study showed
that 21% of the Filipino respondents believed that they were denied for a job on the basis
of their SOGIE.
Other countries such as Canada, Portugal, and Sweden, among others, have
already enacted their own anti-discrimination laws. Aside from this, there are five
countries in the world today- Bolivia, Ecuador, Fiji, Malta, and the United Kingdom- that
have constitutions that explicitly guarantee equality on the basis of SOGIE.
Locally, there are some Local Government that have already legislated ordinances
that guarantee the protection of the LGBT communities within their jurisdiction. However,
many LGU’s still don’t have this kind of local legislation and incidences of LGBT
discrimination are still rampant. Hoping to eliminate the hate and discrimination against
the Filipino LGBT community, as well as to provide everyone a safe, equal, and
reasonable environment, the Bill is being proposed.
DISCUSSION
Rationale of the SOGIE Equality Bill

The current SOGIE Equality Bill, also referred as Anti-Discrimination Bill,
recognizes and aims to safeguard the “fundamental right of every person, regardless of
sex, age, class, status, ethnicity, color, disability, religious and political beliefs, sexual
orientation and gender identity, to be free from any form of discrimination” (HB 689). As
embodied in the 1987 Philippine Constitution, the State shall exert efforts in fulfilling its
duties under local and international laws in protecting and upholding the equal rights and
dignity of every Filipino. Likewise, the State shall exert efforts in addressing all forms of
discrimination and violence as enshrined in the United Nations Universal Declaration of
Human Rights, the Convention on the Elimination of All Forms of Discrimination Against
Women, the Convention on the Rights of the Child, and all other relevant and universally
accepted human rights instruments and other international conventions to which the
Philippines is a signatory.
The Political Battle

The House Bill “An Act Prohibiting Discrimination on the Basis of Sexual
Orientation and Gender Identity or Expression (SOGIE) and Providing Penalties therefor”
is a proposed SOGIE Equality Bill specifically crafted in the basis of SOGIE is the first of
its kind in the country. There has been numerous anti-discrimination legislations that has
been filed in the past but none was based on SOGIE, leaving the LGBT community with
others such as differently abled and indigenous groups.
The first version of the SOGIE Equality Bill was filled by the late Senator Mirriam
Defensor- Santiago and Akbayan Representative Etta Rosales during the 11 th Congress.
For almost two decades, it sat idly in the congress and only recently, during the 17 th
Congress, through the efforts of Bataan 1st District Representative Geraldine Roman- the
first transwoman to be elected in the Philippine Congress, that the Bill was reawakened,
recalibrated and overcome the resistance in the lower house. However, it is still under
debated in the Senate. Some senators have been very vocal about their religious beliefs
and strongly oppose the passage of the Bill. Also, different sectors of the society,
especially the religious and pro-family groups strongly condemns the aforementioned Bill
for they believe that its passage will give way to the legalization of same-sex marriage,
same-sex union, marriage equality, and later on, establishment of non-conventional
families. As an alternative, senators are looking into a more comprehensive Anti-
Discrimination Law that will not just protect the LGBT Community but also other
marginalized and vulnerable groups. Nevertheless, proponents of the Bill believes that an
Anti-Discrimination Law that is specific for the LGBT community will address the needs
which were never understood before due to conservative mindsets. Supporters of the Bill
vows to continue the fight for its passage into law. Senator Risa Hontiveros- Baraquel,
stressed the importance of a law that protects people from sexual and gender-based
discrimination and inequality, and she laments its long overdue.
Target Communities

The Bill seeks to protect those individuals and communities who experience
discrimination and violence on the basis of their SOGIE. These communities may include
individuals and groups with diverse sexual orientation and gender identity or expression
across different ages, socio-economic status, disabilities, ethnicity, cultural background,
and religious belief.
Illegal Discriminatory Practices

Under the proposed Bill, the following acts and practices are considered unlawful:
1. Promotion and encouragement of stigma on the basis of SOGIE in the any form of
media and inciting violence or sexual abuse against any person or group based on
their SOGIE;
2. Inclusion and disclosure of SOGIE in criteria for employment and human resource
movements, compensation and privileges, career development, and employment
conditions both for private sectors and public service, which also include the
military, police, and other similar services;
3. Refusal for admission or expulsion of any person from educational or training
institution on the basis of SOGIE, provided that the right of educational and training
institutions to determine the academic qualifications of their students are upheld;
4. Imposition of disciplinary sanctions, harsher penalties than customary,
requirements, restrictions and prohibitions that invade the rights of students on the
basis of their SOGIE, including discriminatory practices against students or
trainees due to the SOGIE of his/her parents/ guardian;
5. Refusal or revocation of accreditation, formal recognition, registration or plan to
organize any organization, group, political party, institution or establishment, in
educational institutions, workplaces, communities, and other settings, solely on the
basis of SOGIE of their members or of their target constituents;
6. Denying a person access to public or private health services and facilities open to
the general public, as well as access to public or private health insurance;
7. Denying an application or revocation of any government license, authority,
clearance, permit, certification, or other similar documents necessary for the
exercise of profession, business, or any other legitimate transactions;
8. Denying a person, access or use of establishments, facilities, utilities, or services,
including housing, open to the general public on the basis of their SOGIE;
9. Subjecting or forcing a person to undergo medical or psychological examinations
to determine or alter the person’s SOGIE, without informed consent, except when
the person involved is a child, which needs appropriate approval of a Family Court;
10. Subjecting any person to profiling, detention, or verbal or physical harassment,
including extortion, on the basis of SOGIE, especially by law enforcement
agencies, including the military, police, and immigration; and
11. Subjecting a person to any other similar acts or practices that have an effect or
purpose of impairing or nullifying the enjoyment, recognition, and exercise of a
person’s human rights and fundamental freedoms.
Cases and complaints

Under the proposed Bill, the existing Women and Children’s Desk of all police
stations will be redressed in to Women, Children, and LGBTQ ++ Protection Desk. The
complaint desk will still cater its former function for women and children issues, but will
just have an additional task on attending to cases on LGBT discrimination. With this, the
proposed bill will mandate the assigned desk officers to undergo trainings on gender
sensitivity, proper terminologies, dynamics of LGBTQ relationships, and how to properly
handle hate crimes investigations.
The Anti-Discrimination on Same –sex Marriage

Contrary to the belief and fear of different sectors, especially the church and family
advocates, the proponents of the current Anti-Discrimination Law clarified that the bill
does not include any provisions on the legalization of same-sex marriage, nor marriage
equality. They emphasized that proposed legislation only safeguards the fundamental
right of the members of LGBT community to be free from any forms of harassment and
violence in carrying out their daily living, in respect to the rights also of other citizens. The
legislators also pointed out that they had carefully specified the issuance of professional
and business licenses, and alike, but it does not include marriage license.
Summary
The proposed “SOGIE Equality Bill” or also known as “Anti-Discrimination Bill” is a
legislation aiming to protect the LGBTQ+ community from untoward incidences of
discrimination and hate. The bill is anchored on the 1987 Philippine Constitution which
mandates the State to exert efforts in fulfilling its duties under local and international laws
in protecting and upholding the equal rights and dignity of every Filipino, specifically
against discrimination, harassment, and violence. The bill enumerated some acts and
practices which are considered as discriminating. Also, the proposed bill will redress the
current Women and Children’s Desk of all police stations will in to Women, Children, and
LGBTQ ++ Protection Desk which will cater women, children and LGBTQ issues and
investigatins.
Activity
Having the sufficient knowledge on the provisions of the “SOGIE Equality Bill”, it is
now time for you to have a stand on the proposed legislation. Mark the box of your stand
based on the following provisions of the Bill and explain why you agree or disagree:
Provisions Agree Disagree

Protection for those individuals and communities who
experience discrimination and violence on the basis of their
SOGIE.

Why?
Prohibition of the promotion and encouragement of stigma

on the basis of SOGIE in the any form of media and inciting
violence or sexual abuse against any person or group based
on their SOGIE.
Why?
Prohibition of the inclusion and disclosure of SOGIE in

criteria for employment and human resource movements,
compensation and privileges, career development, and
employment conditions both for private sectors and public
service, which also include the military, police, and other
similar services.
Why?
Prohibition on the refusal for admission or expulsion of any

person from educational or training institution on the basis of
SOGIE, provided that the right of educational and training
institutions to determine the academic qualifications of their
students are upheld.
Why?
Prohibition on the imposition of disciplinary sanctions,

harsher penalties than customary, requirements, restrictions
and prohibitions that invade the rights of students on the
basis of their SOGIE, including discriminatory practices
against students or trainees due to the SOGIE of his/her
parents/ guardian.
Why?
Prohibition for the refusal or revocation of accreditation,

formal recognition, registration or plan to organize any
organization, group, political party, institution or
establishment, in educational institutions, workplaces,
communities, and other settings, solely on the basis of
SOGIE of their members or of their target constituents.
Why?
Prohibition on denying a person access to public or private

health services and facilities open to the general public, as
well as access to public or private health insurance.

Why?
Prohibition on denying an application or revocation of any

government license, authority, clearance, permit,
certification, or other similar documents necessary for the
exercise of profession, business, or any other legitimate
transactions.
Why?
Prohibition on denying a person, access or use of

establishments, facilities, utilities, or services, including
housing, open to the general public on the basis of their
SOGIE.
Why?
Prohibition on subjecting or forcing a person to undergo

medical or psychological examinations to determine or alter
the person’s SOGIE, without informed consent, except when
the person involved is a child, which needs appropriate
approval of a Family Court.
Why?
Prohibition on subjecting any person to profiling, detention,

or verbal or physical harassment, including extortion, on the
basis of SOGIE, especially by law enforcement agencies,
including the military, police, and immigration.
Why?
Prohibition on subjecting a person to any other similar acts

or practices that have an effect or purpose of impairing or
nullifying the enjoyment, recognition, and exercise of a
person’s human rights and fundamental freedoms.
Why?
The existing Women and Children’s Desk of all police

stations will be redressed in to Women, Children, and
LGBTQ ++ Protection Desk.
Why?
The overall concept and principle of the proposed Bill.

Why?
Exercise
With your enhanced understanding on the “SOGIE Equality Bill”, test your knowledge on
its provisions. Write TRUE if you think the statement is truthful and FALSE if not.
_____1. “SOGIE Equality Bill” is also known as “Anti-discrimination Bill” proposed way
back the year 2000.
_____2. Anti-Discrimination Ordinances on the basis on SOGIE are present in some
LGU’s.
_____3. Philippines is an accepting country for the LGBT community.
_____4. The current SOGIE Equality Bill hinders the formal recognition and registration
of groups based on the members or constituent’s SOGIE.
_____5. The proposed “SOGIE Equality Bill” paves the way for the legalization of same-
sex marriage.
_____6. The proposed SOGIE Equality Bill requires the disclosure of SOGIE for
employment purposes.
_____7. The proposed bill legalizes gender profiling for detention and harassment.
_____8. The proposed bill prohibits an individual to undergo medical or psychological
examinations to determine or alter the person’s SOGIE, without informed
consent.
_____9. The women, children, and LGBTQ++ desk will be redressed into women and
children desk under the proposed bill.
_____10. Under the proposed bill, it is illegal to deny a person, access or use of
establishments and facilities open to the general public on the basis of their
SOGIE.
Assessment:
In your own words, explain the “SOGIE Equality Bill” in terms of its rationale and salient
provisions. (Maximum of fifteen sentences)

Suggested Readings
House Bill No. 689, also known as “An Act Prohibiting Discrimination on the Basis of
Sexual Orientation and Gender Identity or Expression (SOGIE) and Providing Penalties
therefor” at senate.gov.ph/lisdata/3106627964!.pdf
REFERENCES:
https://pcw.gov.ph/laws-issuances-and-other-legislation-on-women/
https://www.ohchr.org/EN/UDHR/Documents/UDHR_Translations/eng.pdf
https://www.wvi.org/sites/default/files/Gender_Training_Tookit.pdf
https://psa.gov.ph/content/q-magna-carta-women-republic-act-no-9710
Beltran, Eden T. RA 11313: SAFE SPACES ACT:A Primer . Monograph (2019)
Beltran, Eden T. Readings in Philippine History and Government. (2020)

5 things you should know about the Anti-Discrimination Bill. https://cnnphilippines.
com/life/culture/politics/2016/10/17/adbprimer.html. Accessed August 24, 2020.
House Bill No. 689. An Act Prohibiting Discrimination on the Basis of Sexual Orientation
and Gender Identity or Expression (SOGIE) and Providing Penalties therefor.
senate.gov.ph/lisdata/3106627964!.pdf
SOGIE bill simply an anti-discrimination bill, lawmaker clarifies. https://www.msn.com/en-
ph/news/national/sogie-bill-simply-an-anti-discrimination-bill-lawmaker-
clarifies/ar-BBXu2Sm. Accessed August 24, 2020.
SOGIE Equality Bill needed to address LGBTQ+ sector’s special needs-solon.
https://cnnphilippines.com/news/2019/8/16/SOGIE-Equality-Bill-Geraldine-
Roman-LGBTQ-.html. Accessed August 24, 2020.
Some religious leaders back SOGIE bill.
https://cnnphilippines.com/news/2019/9/4/SOGIE-bill-LGBTQ-discrimination-
religious-groups.html?fbclxml:id=IwAR1r4KDU5aA5RyfHT
V7Ryodf1u37kCo_DjMlvfF5Tpp5w8cyk0tP1Wiypgc. Accessed August 24, 2020.
The SOGIE Equality Bill. https://www.divinalaw.com/sogie-equality-bill/. Accessed
August 24, 2020

Political-Legal Perspective of The Philippine GAD Program

Uploaded by

Copyright:

Available Formats

Political-Legal Perspective of The Philippine GAD Program

Uploaded by

Document Information

Original Description:

Original Title

Copyright

Available Formats

Share this document

Share or Embed Document

Sharing Options

Did you find this document useful?

Is this content inappropriate?

Copyright:

Available Formats

Political-Legal Perspective of The Philippine GAD Program

Uploaded by

Copyright:

Available Formats

Module 4

The Legal and Right-Based 110

GENDER AND CONTEMPORARY PHILIPPINE SOCIETY.2020

GENDER AND CONTEMPORARY PHILIPPINE SOCIETY 2020.MODULE 4 108 | P a g e

GENDER AND CONTEMPORARY PHILIPPINE SOCIETY 2020.MODULE 4 109 | P a g e

OVERVIEW OF THE LESSON

GENDER AND CONTEMPORARY PHILIPPINE SOCIETY 2020.MODULE 4 110 | P a g e

Laws, generally refer to:

 A whole body or system of law

The Hierarchy of Laws

Figure 4.1. The hierarchy of laws

GENDER AND CONTEMPORARY PHILIPPINE SOCIETY 2020.MODULE 4 111 | P a g e

 An act of legislature (Philippine Commission, Phil. Legislature, Batasang

Classification of statutes as to their effect on individuals and masses

1. Public statutes– affect the public at large

Classification of statutes as to the timeframe of their operation

Other classes of statutes

 Prospective or retroactive statute – according to application

Manner of referring to statutes

 Public Acts – Phil Commission and Phil Legislature 1901- 1935

GENDER AND CONTEMPORARY PHILIPPINE SOCIETY 2020.MODULE 4 112 | P a g e

These include the following:

The following define and describe the nature of Constitution:

Constitution Construed as Enduring for Ages

 It must be construed as a dynamic process intended to stand for a great length

FUNCTIONS OF THE CONSTITUTION

The functions of the constitution enumerated as follows are not exclusive:

GENDER AND CONTEMPORARY PHILIPPINE SOCIETY 2020.MODULE 4 113 | P a g e

What a constitution is NOT:

Words employed in writing the constitution should not be construed

Courts should interpret/construe the constitution so that it would be consistent

CONSTITUTION AS THE HIGHEST LAW OF THE LAND

International law includes international agreements entered into by the members

GENDER AND CONTEMPORARY PHILIPPINE SOCIETY 2020.MODULE 4 114 | P a g e

CRIMINAL LAWS AS DISTINGNUISHED FROM OTHER LAWS

Specific examples of gender-responsive criminal laws are discussed in Lesson 4.3

The framework of examining criminals laws include your understanding of the

Why is the law Effectivity Definition Prohibited Accused as Penalty

GENDER AND CONTEMPORARY PHILIPPINE SOCIETY 2020.MODULE 4 115 | P a g e

From the UN Office of HR Commissioner:

“What are human rights?

GENDER AND CONTEMPORARY PHILIPPINE SOCIETY 2020.MODULE 4 116 | P a g e

Interdependent and indivisible

Equal and non-discriminatory

Non-discrimination is a cross-cutting principle in international human rights law. The

As to state duties and obligations, the government as the duty-bearer, observes

GENDER AND CONTEMPORARY PHILIPPINE SOCIETY 2020.MODULE 4 117 | P a g e

• The basic inequality between genders as to access to power, resources, benefits,

The processes of achieving realization of human rights involve the following:

HUMAN RIGHTS CONCEPTS

GENDER AND CONTEMPORARY PHILIPPINE SOCIETY 2020.MODULE 4 118 | P a g e

GENDER AND CONTEMPORARY PHILIPPINE SOCIETY 2020.MODULE 4 119 | P a g e

GENDER AND CONTEMPORARY PHILIPPINE SOCIETY 2020.MODULE 4 120 | P a g e

The UN Convention of the Elimination of All Forms of Discrimination against

GENDER AND CONTEMPORARY PHILIPPINE SOCIETY 2020.MODULE 4 121 | P a g e

The Philippine Magna Carta of Women

What is discrimination against women?

The Magna Carta of Women defines discrimination against women as: