LEGAL FRAMEWORK OF GENDER DYNAMICS IN THE PHILIPPINES - Article II, Section 5 – Philippine Constitution - “The protection of life, liberty, and property, and the promotion of the general welfare are essential for the enjoyment by all people of the blessings of democracy” o Government must protect people, their freedom, property, and welfare. Article II, Section 11 – Philippine Constitution - “The State values the dignity of every human person and guarantees full respect for human rights” o Every person deserves respect, dignity, and human rights. “The State recognizes the role of women in nation-building, and shall ensure the fundamental equality before the law of women and men” o Men and women are equal before the law and both contribute to nationbuilding. - - - - Article II, Section 15 – Philippine Constitution - “The State shall protect and promote the right to health of the people and instill health consciousness among them” o Everyone has the right to health, and the State must promote and protect it. Pre- Colonial Gender Norms - Women enjoyed substantial equality with men o Community leaders o Right to own property o Right to divorce and remarry o Entitled to share of conjugal earnings - Historical Gender Laws Article II, Section 14 – Philippine Constitution - Greater tolerance and practice of gender fluidity/identity o Gender is not binary o Practice of gender crossing is accepted o Viewpoints are far more inclusive - Spanish Civil Code 1889 o Law that regulates the major aspects of Spanish Civil law and its colonies Regulated civil law in Spain and its colonies. Civil Code 1949 o Philippine version of codification of private law relating to property, family, and obligations Philippine laws on property, family, and obligations. Family Code of 1987 o Basic law covering persons and family relations governs marriages, legal separations, property relations between spouses, and parental authority among others Governs marriage, family relations, property, and parental authority. Magna Carta of Women o Comprehensive women’s human rights law that seeks to eliminate discrimination through the recognition, protection, fulfillment, and promotion of the rights of Filipino women Protects women’s rights and aims to eliminate discrimination. Reproductive Health Law o Law that guarantees universal and free access to nearly all modern contraceptives for all citizens and promoting sex education Promotes access to reproductive healthcare, contraceptives, and sex education. SOGIE Equality Bill o Series of bills filed in Congress which aims to set into law measures to prevent various economic and public accommodation-related acts of discrimination against people based on their sexual orientation, gender identity, or expression Proposed measures to prevent discrimination based on sexual orientation, gender identity, and expression. - Family Code of 1987 - Title I – Marriage o "A special contract of permanent union between a man and a woman entered into in accordance with law for the establishment of conjugal and family life. It is the foundation of the family and an inviolable social institution whose nature, consequences, and incidents are governed by law and not subject to stipulation, except that marriage settlements may fix the property relations during the marriage within the limits provided by this Code." Special Contract: Cannot be altered or dissolved by mutual agreement, unlike ordinary civil contracts. Permanent Union: Intended to last for life, ending only through specific legal processes like annulment or nullity. Between a Man and a Woman: Requires contracting parties to be a biological male and female. Inviolable Social Institution: Protected by the State as the family's foundation, with terms governed by law rather than private agreement (except for prenuptial property settlements). - Title II – Legal Separation o Annulment A legal ruling that erases a marriage by declaring the marriage null and void and that the union was never legally valid. Marriage is declared legally invalid, as if it was never valid. o Legal Separation It ends the marital obligations and the property relations between the spouses, but the marriage bond is not dissolved. This means that legally separated spouses still cannot marry someone else. Spouses live separately, but the marriage still exists. They cannot remarry. o Divorce A legal dissolving, termination, and ending of a legally valid marriage. A divorce ends a legal marriage and declares the spouses to be single again. Marriage is legally ended, and both spouses can be considered single again. How to legally dissolve a marriage? o Foreign Divorce Applies when one of the partners was a foreign citizen at the time of the divorce. If not, it cannot be used. o Void Marriages Marriage is considered invalid from the beginning. Grounds are found under Articles 35, 36, 37, 38, and 53 of the Family Code. Art. 35: Underage, no authority, no license, bigamy Art. 36: Psychological incapacity Art. 37: Incestuous marriages - Art. 38: Marriages against public policy Art. 53: Failure to meet requirements before remarriage o Voidable Marriages Starts valid but can be voided Art. 45 Grounds: No parental consent (18–21) Unsound mind Fraud Force, intimidation, or undue influence Physical incapacity to consummate Sexually transmissible disease Provisions that may seem Discriminatory o The Exercise of Parental Consent Applies to those 18–21 years old. Requires parental/guardian consent to marry. Consent follows this order: Father → Mother → Surviving Parent → Guardian. o The Exercise of Parental Authority and Legal Guardianship Father and mother jointly exercise parental authority. If they disagree, the father's decision prevails. Exception: A court order can provide otherwise. o The Administration and Enjoyment of Conjugal Partnership Both spouses jointly manage community property. In case of disagreement, the husband’s decision prevails. The wife may appeal to the court for a remedy. - - Title III – Rights and Obligations Between Husband and Wife o Outlines the personal, non-property duties that spouses owe to each other and their joint responsibilities in managing the household. Title IV – Property Relations Between Husband and Wife o Governs how money, assets, real estate, and liabilities are owned, managed, and divided during and after the marriage. RA 9710: Magna Carta of Women - - - Comprehensive women's human rights law o Seeks to eliminate discrimination against women o Recognizes, protects, fulfills, and promotes rights of Filipino women especially those in the marginalized sector Translates CEDAW principles into Philippine law. o Convention on the Elimination of All Forms of Discrimination against Women’s (CEDAW) o Promotes gender equality and protection from discrimination. o Defines gender discrimination, State obligations, and substantive equality. o Recognizes rights under International Covenant on Economic, Social and Cultural Rights (ICESCR). Major Rights and Key Provisions o Protection from all forms of violence, including those committed by the state o Protection and security in times of disaster, calamities and other crisis situations o Participation and representation Equal access and elimination of discrimination against women in education, scholarships, and training o Equal participation in sports o Non-discrimination in employment in the field of military, police, and other similar services Salient Features of the Law o 50–50 Gender Balance Aim for equal representation of women and men in third-level government positions within 5 years. Women should comprise at least 40% of development planning and program implementation. o Leave Benefits Women employees may receive 2 months of leave with full pay. Applies when undergoing surgery due to gynecological disorders. Requires at least 6 months of continuous aggregate service within the last 12 months. o Equal Employment Opportunities Women must not be discriminated against in the military, police, and similar services. Women should have the same promotion opportunities, pay increases, benefits, and awards as men. These should be based on competency and quality of performance. o Equal Access to Education Women must have equal access to education, scholarships, and training. Discrimination against women students and faculty because of pregnancy outside marriage is prohibited. - This includes expulsion, nonreadmission, and denial of enrollment. o Fair Portrayal of Women in Media Media and films should avoid discriminatory or degrading portrayals of women. Media should promote awareness of women's dignity, roles, and contributions to the family, community, and society. o Government Responsibility The government must take action to end discrimination against women. It must ensure substantive equality between men and women. The government should review, amend, or repeal discriminatory laws. Laws that are Discriminatory o Revised Penal Code – (a) Articles 333 and 334: on adultery and concubinage Adultery – Article 333 Committed by a married woman who has sexual intercourse with another man who knows she is married. Easier to prove because proof of sexual intercourse is sufficient. Both the wife and her paramour receive the same penalty: up to 6 years imprisonment. Concubinage – Article 334 Applies to a married man who: o Keeps a mistress in the conjugal home; o Has sexual intercourse under scandalous circumstances; or o Lives with his mistress elsewhere. o - o o Harder to prove because one of these specific circumstances must be established. Husband: lower penalty, up to 4 years and 1 day. Concubine: destierro (banishment), not imprisonment. RA 8353, Redefining Rape by Focusing on Lack of Consent Existing provision: Under Art. 266-A, rape required the use of force, threat, intimidation, fraudulent machination, or grave abuse of authority. The focus was on the means used by the offender. Proposed provision: Defines rape as a sexual assault committed without the person’s consent. Consent means a voluntary agreement to engage in the sexual act. Focus shifts to the absence of consent. Raising the Age of Sexual Consent Old Law – Art. 266-A(1)(d), RPC Age of sexual consent: 12 years old. Sexual intercourse with a child below 12 was automatically considered statutory rape. This applied even if the child appeared to consent. Updated Law Age of sexual consent was raised to 16 years old. Sexual activity with a minor below 16 can constitute rape. Close-in-age exception: o Criminal liability may not apply when the age difference is not more than 3 years, provided the act is consensual, non-abusive, and non-exploitative. RA 10354: Responsible Parenthood and Reproductive Health Act of 2012 - Description o It is an act providing for a national policy on responsible parenthood and reproductive health. The law, which stemmed from the strong advocacy of stakeholders and the commitment of the Government, is a point for convergence of multi-sectoral efforts toward the improvement of health outcomes of the country. It mandates the government to adequately address the needs of Filipinos on responsible parenthood and reproductive health. Establishes a national policy on responsible parenthood and reproductive health. Requires the government to address the reproductive health needs of Filipinos. Aims to improve health outcomes in the country. Promotes cooperation among different sectors toward better reproductive health. o Republic Act 10354 or the Responsible Parenthood and Reproductive Health Law of 2012 (RH Law) is a national policy that mandates the Philippine government to comprehensively address the needs of Filipino citizens when it comes to responsible parenthood and reproductive health. - Salient Features of the Law o Access to services on Reproductive Health (RH) and Family Planning (FP), with regard to the informed choice of individuals and couples who will accept these services The bill mandates the government to "promote, without biases, all effective natural and modern methods of family planning that are medically safe and legal. Definition of Terms Family Planning o Helps couples/individuals decide the number and spacing of their children and provides information and safe methods to plan pregnancy. Contraceptives o Safe and effective methods, devices, or products that prevent pregnancy without destroying a fertilized ovum. Abortifacient o A drug or device that causes abortion, destroys a fetus, or prevents a fertilized ovum from being implanted, as determined by the FDA. RA 10354 – Section 3(j) Abortion remains illegal and punishable by law. Women experiencing postabortion complications must still receive proper medical care. They must be treated in a humane, nonjudgmental, and compassionate manner. Healthcare providers must follow the law and medical ethics. o o o Maternal Health Care services, including skilled birth attendance and facilitybased deliveries Reduce and Eliminate Maternal Death Fetal Death Infant Mortality Miscarriage Promote and Improve Maternal Health Infant Survivability Responsible Parenthood Reproductive Health and Sexuality Education for the Youth Section 14 The State shall provide ageand development-appropriate reproductive health education to adolescents. It should be taught by properly trained teachers. It applies to both formal and non-formal education. It should be integrated into relevant subjects. Regular Funding for the Law's Full Implementation Government officials must support and properly fund reproductive health programs. They must not restrict or prevent legal and medically safe RH services. They must not force or coerce anyone to use RH services. They must not withhold or refuse funding for reproductive health programs. Acts that hinder the implementation of the RH Law are prohibited. GENDER SENSITIVITY AND AWARENESS Gender Awareness - Understanding that there are socially determined differences between women and men based on learned behavior. These affect their ability to access and control resources. (Inter-agency Network for Education in Emergencies) o Gender roles are influenced by society and learned behavior. and often requires women-specific projects and programs to end existing inequalities. RA 10354 o Gender equity means taking action to achieve fairness and reduce inequality. Gender and Development - Equity leads to Equality - Gender Sensitivity - Process by which people are made aware of how gender plays a role in life through their treatment of others. Aimed at understanding and considering the societal and cultural factors involved in gender-based exclusion and discrimination o Being aware of and avoiding unfair treatment based on gender. Gender Equality - Refers to the principle of equality between women and men and equal rights to enjoy conditions in realizing their full human potentials to contribute to, and benefit from, the results of development, with the State recognizing that all human beings are free and equal in dignity and rights. - RA 10354 o Women and men should have equal rights, opportunities, and treatment. Gender Equity - Refers to the policies, instruments, programs and actions that address the disadvantaged position of women in society by providing preferential treatment and affirmative action. It entails fairness and justice in the distribution of benefits and responsibilities between women and men, Gender and Development approach focuses on the socially constructed basis of differences between men and women and emphasizes the need to challenge existing gender roles and relations. o Focuses on socially created differences between men and women. o Challenges existing gender roles and relationships. Gender and Development as defined by the Philippine Commission on Women is a development perspective and process that is participatory and empowering, equitable, sustainable, free from violence, respectful of human rights, supportive of selfdetermination and actualization of human potentials. o Aims for participation, empowerment, and equality. o Promotes sustainable and violence-free development. o Respects human rights and selfdetermination. o Supports the development of human potential. Sex - Let’s Define and Appropriate - Sex Role - - - Roles a person is expected to perform as a result of being man or woman in a particular culture Gender Stereotyping - Refers to “the different biological and physiological characteristics of males and females, such as reproductive organs, chromosomes, hormones, etc” Refers to "the socially constructed characteristics of women and men – such as norms, roles and relationships of and between groups of women and men. It varies from society to society and can be changed. Roles according to the reproductive function of a person’s body Gender Role Gender - Usually, men are taller than women. The most important role of a woman is to become a mother. Women are poor at managerial positions. Only women can conceive and give birth. Only males can have testicles and can supply sperm for fertilization. Men cannot substantially produce breastmilk for breastfeeding. Women are loving and caring while men are aggressive. Men think and act more rationally than women. - Stereotype o A label which involves a process of categorization and evaluation o Used in conjunction with representations of social o An easily grasped characteristic (usually negative) is presumed to belong to the whole group Gender Stereotyping o Refers to the practice of ascribing to an individual woman or man specific attributes, characteristics, or roles by reason only of her or his membership in the social group of women or men. Gender Roles - - A social role encompassing a range of behaviors and attitudes that are generally considered acceptable, appropriate, or desirable for a person based on that person's biological or perceived sex. This revolves on how society expect us to act, speak, dress, groom, and conduct ourselves based upon our assigned sex. o Gender roles are society's expectations of how men and women should behave. INTRODUCTION TO SOGIE SOGIE - Gender roles become Gender issues once it block people’s capacity to do and to be o deny males access to the nurturing, emotive, other oriented world of domestic life o deny males access to the nurturing, emotive, other oriented world of domestic life - - Exposes the social dimensions of hierarchical power relations imbedded in social institutions. It asserts that there are systematic and structural causes of gender inequality and requires their root causes to be addressed. o Looks at how social structures and power relationships create inequality. - The emotional, romantic, and/or sexual attraction or conduct someone feels towards the opposite sex (heterosexual), the same sex (homosexual), both (bisexual) etc. o Who a person is emotionally, romantically, or sexually attracted to. - Gender Identity - Social Relations Analysis - Concepts and Terminologies Sexual Orientation Is there a problem with Gender Roles? - SO – Sexual Orientation GI – Gender Identity E – Gender Expression gender, as one's gender can only be determined by oneself. o Shows that gender and sexuality can exist in different forms and may be fluid. o A person's gender is self-determined. The experience that an individual feels very deeply about internally related to their gender (personal sense of identity), which can be related or unrelated to their sex assigned at birth. o A person's internal sense of their gender, which may or may not match their sex assigned at birth. - Gender Expression - Refers to the outward manifestation of gender, i.e. how an individual physically expresses themselves (through appearance, how they dress, body language, or physical behaviors and characteristics. o How a person outwardly expresses their gender, such as through clothing, appearance, or behavior. SOGIE Spectrum - Another tool to identify the different aspects of human gender and sexuality. People's identities can be fluid. The spectrum shows how people's identities can be fluid and is also not a universal tool for determining - Sex Assigned at Birth o The assignment and classification of people as male, female, intersex, or another sex assigned at birth often based on physical anatomy at birth and/or genetic analysis. Sex classification given at birth, usually based on physical anatomy or genetics. Gender Binary o A system of classifying sex and gender into two distinct and disconnected forms of masculine and feminine. It can be referred to as a social construct or a social boundary that discourages people from crossing or mixing gender roles, or from creating other third (or more) forms of gender expression. Classifying gender into only male and female. Heteronormativity o Reflects social structures and practices which serve to elevate and enforce heterosexuality while subordinating or suppressing other forms of sexuality. It defines a world view that assumes and/or promotes heterosexuality as the normal or preferred sexual orientation. Treating heterosexuality as the normal or preferred sexual orientation. Sexual Fluidity/Gender Fluid o The idea that sexual orientation/attraction can change over time, and depending on the situation at hand. A gender fluid person may at any time identify as male, female, agender, or any other non-binary identity, or some combination of identities. Sexual attraction or gender identity can change over time. - - - - Transition o Refers to a person’s process of developing and assuming a gender expression to match their gender identity. Transition can include: coming out to one’s family, friends, and/or coworkers; changing one’s name and/or sex on legal documents; hormone therapy; and possibly (though not always) some form of surgery. It’s best not to assume how one transitions as it is different for everyone Process of developing a gender expression that matches one's gender identity. Gender-neutral o The idea that policies, language, and other social institutions (social structures, gender roles, or gender identity) should avoid distinguishing roles according to people's sex or gender. Avoiding distinctions based on sex or gender in policies, language, and institutions. Genderqueer/non-binary o Most used to describe a person who feels that their gender identity does not fit into the socially constructed “norms” associated with their sex assigned at birth/biological sex. Individuals who identify as neither male nor female (but as another gender), as somewhere in between or beyond genders, or as a combination of genders. Gender identity that does not fit exclusively into male or female. Straight/Heterosexual o Refers to a person who is emotionally, romantically, and sexually attracted to people of the opposite sex. Also sometimes generally used to refer to people whose sexualities are societally - - - - normative. Alternately referred to as “heterosexual” Emotionally, romantically, or sexually attracted to the opposite sex. Gay o Generally refers to a man who is attracted to men. Sometimes refers to all people who are emotionally, romantically, and sexually attracted to people of the same sex; sometimes “homosexual” is used for this also. Generally, a man attracted to men; can also refer to same-sex attraction generally. Lesbian o Generally refers to a woman who is attracted to women. Sometimes refers to all people who are emotionally, romantically, and sexually attracted to people of the same sex; sometimes “homosexual” is used for this also. Generally, a woman attracted to women. Bisexual o Refers to individuals who are attracted to both men and women; sometimes used more broadly to refer to people who are attracted to others whose gender is like their own and to people whose gender is not like their own. Attracted to both men and women, or more broadly, to people of similar and different genders. Pansexual o Refers to being open with attraction to members of all sexual orientations and or gender identities including heterosexual/straight, gay, lesbian, bisexual, transgender, etc. Attraction that can include people of all gender identities or orientations. - - - - Asexual o Not sexually attracted to anyone and/or no desire to act on attraction to anyone. Does not necessarily mean sexless. Asexual people sometimes do experience affectional (romantic) attraction. Experiencing little or no sexual attraction. Cisgender o Refers to Non-trans. From a Latin prefix meaning “on the same side, ” as opposed to trans – which means “across. ” It is a term for someone who exclusively identifies as their sex assigned at birth – men who were assigned male at birth and women who were assigned female at birth. The term cisgender is not indicative of gender expression, sexual orientation, hormonal makeup, physical anatomy, or how one is perceived in daily life. Gender identity matches the sex assigned at birth. Androgynous/androgyny o Where gendered behaviors, presentations and roles include aspects of both masculinity and femininity. People of any gender identity or sexual orientation can be androgynous, but it is often favored by nonbinary people as a means to externally express their gender identity. Androgyny can include dressing in way where one is unable to tell if they are male or female. Expression combining masculine and feminine characteristics. Trans o Anyone whose gender identity and/or gender expression differs significantly from what is expected of them in their culture based on their sex assigned at birth. This broad category includes - - - - transgender, transsexual and genderqueer people, crossdressers, drag queens and kings, masculine women and feminine men, and more. Broad term for people whose gender identity/expression differs from expectations based on sex assigned at birth. Trans Female (MtF) o (or transgender woman, transwoman, or transsexual woman) is someone assigned male at birth who now identifies and lives as a woman. Assigned male at birth; identifies and lives as a woman. Trans Male (FtM) o (or transgender man, transman or transsexual man) is someone assigned female at birth who now identifies and lives as a man. Assigned female at birth; identifies and lives as a man. Transgender o Refers specifically to people who have an experience of transitioning (socially and/or medically) from living as one gender to living as another gender. more recently transgender and/or trans has become an umbrella term popularly used to refer to all people who transgress dominant conceptions of gender, or at least all who identify themselves as doing so. Person whose gender identity differs from their sex assigned at birth; may involve social or medical transition. Transsexual o A historical original term that is often considered pejorative similar to transgender in that it indicates a difference between one’s gender identity and sex assigned at birth. Transsexual often, though not always, implicated - - - hormonal/surgical transition. Unlike transgender/ trans, transsexual is not an umbrella term, as many transgender people do not identify as transsexual. Historical term for a person whose gender identity differs from sex assigned at birth, often associated with medical transition. Crossdresser o Cross-dressing refers to occasionally wearing clothing of the “opposite” gender, and someone who considers this an integral part of their identity may identify as a crossdresser (note: the term crossdresser is preferable to transvestite and neither may ever be used to describe a transsexual person). Cross-dressing is not necessarily tied to erotic activity or sexual orientation. Person who occasionally wears clothing associated with another gender. Homophobia o Negative attitudes and feelings toward people with non-heterosexual sexualities; dislike of, or discomfort with, expressions of sexuality that do not conform to heterosexual norms. Negative attitudes or feelings toward people with non-heterosexual sexualities. Coming Out o A metaphor used to describe LGBT people's self-disclosure of their sexual orientation or their gender identity. Disclosing one's sexual orientation or gender identity to others. Term Simple Meaning Sex Assigned at Birth Sex classification given at birth, usually based on physical anatomy or genetics. Gender Binary Heteronormativity Generally, a woman attracted to women. Bisexual Attracted to both men and women, or more broadly, to people of similar and different genders. Pansexual Attraction that can include people of all gender identities or orientations. Asexual Experiencing little or no sexual attraction. Cisgender Gender identity matches the sex assigned at birth. Androgynous Expression combining masculine and feminine characteristics. Trans Broad term for people whose gender identity/expression differs from expectations based on sex assigned at birth. Trans Female (MtF) Assigned male at birth; identifies and lives as a woman. Trans Male (FtM) Assigned female at birth; identifies and lives as a man. Transgender Person whose gender identity differs from their sex assigned at birth; may involve social or medical transition. Classifying gender into only male and female. Treating heterosexuality as the normal or preferred sexual orientation. Sexual/Gender Fluidity Sexual attraction or gender identity can change over time. Transition Process of developing a gender expression that matches one's gender identity. Gender-Neutral Avoiding distinctions based on sex or gender in policies, language, and institutions. Genderqueer/Nonbinary Lesbian Gender identity that does not fit exclusively into male or female. Straight/Heterosexual Emotionally, romantically, or sexually attracted to the opposite sex. Gay Generally, a man attracted to men; can also refer to same-sex attraction generally. Transsexual Historical term for a person whose gender identity differs from sex assigned at birth, often associated with medical transition. Crossdresser Person who occasionally wears clothing associated with another gender. Homophobia Negative attitudes or feelings toward people with nonheterosexual sexualities. Coming Out Disclosing one's sexual orientation or gender identity to others.
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