THE LEGAL GENDER: AN ARTICLE ON GENDER SENSITIVITY

INTRODUCTION

The gender situation in the Philippines is characterized by sharp contradictions. It graphically showcases samples of women’s advancement in politics, academic and professional excellence, and even legislation. But this is contrasted by images of prostituted women, battered wives, economically disadvantaged women and exploited migrant workers

HISTORY

According to Peter Stearns, women in pre-agricultural societies held equal positions with men; it was only after the adoption of agriculture and sedentary cultures that men began to institutionalize the concept that women were inferior to men. Definitive examples of sexism in the ancient world included written laws preventing women from participating in the political process; for example, Roman women could not vote or hold political office.

In the Philippines, long history of colonialism has embedded a patriarchal culture among Filipinos. The conception of women as full-time homemakers, as subordinated to men, violence against them is private, as reserve labor force, and as sexual objects is now being eroded by modern women asserting themselves in many aspects of life. But on the other hand, some are either marginalized, discriminated, or even exploited by the harsh realities of global economy and consumerism. 1

GENDER ISSUE

The Philippines, where women and men enjoy the same access to education, remains in the top 10 countries with the least gender gap, according to the 2011 Global Gender Gap rankings by the Geneva-based World Economic Forum.

From ninth place last year, the Philippines ranks eighth among 135 countries this year, with a score of 0.768.

The Philippines performed favorably in the four categories that determine gender gap. These are (1) educational attainment, (2) health and survival, (3) economic participation and opportunity, and (4) political empowerment.

“A world where women make up less than 20 percent of the global decision-makers is a world that is missing a huge opportunity for growth and ignoring an untapped reservoir of potential,” Klaus Schwab, WEF founder and chair, said in a statement. 2

But no country has closed the gap between men and women when it comes to health and survival, educational attainment, economic participation and opportunity and political empowerment.

It is when these—potentials, opportunities and liberties—are restricted and always skewed to favor one group over others, on the basis of sex or gender, causing inequalities and discrimination, that we need a sharper, a more heightened, if you will, sense of seeing and understanding the real terms of our relations to one another.

This puts the gender equality issues at the forefront of national discourse and precludes further downslide of women status in the modern Philippine society. Indeed, there are many handles for the changes to happen. These legal and policy gains resulted from the strong voice of women that started even during the anti-dictatorship struggle that culminated with the ascension of Corazon Aquino as the first woman president of the country.

GENDER SENSITIVITY

Gender sensitivity has been defined as “the ability to recognize issues and problems in the way societies look at gender.” Gender sensitivity supports gender equality. According to Republic Act No. 9710 (An Act Providing for the Magna Carta of Women), “Gender Equality refers to the principle asserting the equality of men and women and their right to enjoy equal conditions realizing their full human potentials to contribute to and benefit from the results of development, and with the State recognizing that all human beings are free and equal in dignity and rights.” 3

GENDER EQUALITY IN THE CONSTITUTION

The 1987 Constitution states two prominent provisions. The first in the Declaration of Principles Article II Section 14 which asserted that "The State recognizes

the role of women in nation-building and shall ensure the fundamental equality before the law of women and men." Additionally, the Article XIII-Labor: Section 14 provided that "The state shall protect working women by providing safe and healthful working conditions taking into account their maternal functions, and such facilities and opportunities that will enhance their welfare and enable them to realize their full potential in the service of the nation". 4

CLOSING THE GAP

IN THE GOVERNMENT

 Congress over the years has passed laws to curb, prosecute, and deal with the

consequences of crimes like violence against women and their children within intimate

relationships, trafficking in persons, rape, sexual harassment, and so on.

Following from constitutional provisions and and the subsequent efforts to

broaden its principles, numerous legislation were enacted that relates to the various

aspects of women and gender concerns. The list include:

Barangay Day Care Center Law (day care center for every village) Gender and Development Law (5% of government agencies’ budget is for

gender concerns) Party-list Law ( women as a particular sector for representation in the

legislature through party-list elections) Anti- Sexual Harrassment Law (defining SH and providing mechanisms) Anti-Rape Law ( elevation of rape as crime against person) Women in Nation-Building Law (allocation of budget for women from

development funds from foreign governments and multilateral institutions) Anti Mail-Order-Bride Law (making the practice unlawful) Repatriation Law (repatriation of Filipinas who lost citizenship by marriage in

case of need) Non-Discrimination Law in Labor Code (women protection in hiring and pay) Comprehensive Agrarian Reform Law (equal rights for women to be

recipients of land) Military Training equality (women can enter the military and police schools

and providing facilities for them)

WITHIN OURSELVES

The ability to perceive existing gender differences, issues and inequalities and to

incorporate these into strategies and actions” (Intra Health International, Better

Practices in Gender Sensitivity), comes in Gender sensitivity. Gender sensitivity, as a

strategy for fighting off gender discrimination has been developed as a way to reduce

barriers to personal and economic development created by sexism. 5

This brings us to two interrelated ideas found at the heart of the concept of

gender sensitivity: “rights” and “respect”. When we uphold gender sensitivity we

recognize the rights of every individual, by virtue of being human, regardless of sex or

gender, to have the same level of opportunities, access, and protection from

discrimination and harm as everyone else. We also respect the personhood of each one

as well as one’s individuality, including one’s sex, gender comportment or sexual

preference.

As students of legal advocacy, it is our utmost duty to contribute toward the

promotion of gender sensitivity.

We uphold gender sensitivity through practice: in the way we conduct our

classes, research, and administrative work. We uphold gender sensitivity by being able

to influence our peers to behave more respectfully and fairly toward one another. To

make it clearly known that gender discrimination is not tolerated.

Footnotes:

1. An Overview of the Gender situation in the Philippines –Carlos Antonio Q. Anonuevo Friedrich-

Ebert-Stiftung

2. http://globalnation.inquirer.net/16879/philippines-ranks-8th-among-135-on-world-gender-

equality/#ixzz3Kt62qSQt 

3. Wikipedia

4. The 1987 Philippine Constitution5. http://www.up.edu.ph/roundtable-on-gender-sensitivity-in-

up-what-can-we-do-to-promote-and-uphold-gender-sensitivity-in-up/