Legal Basis for the Study of Gender and Society

The study of Gender and Society is essential for understanding how gender influences
societal structures, roles, and relationships. It provides insights essential for promoting
equality, shaping inclusive policies, and fostering a deeper appreciation of diverse human
experiences. This exploration is vital in our journey toward building fair, inclusive, and
informed communities.

In this handout, we will delve into the legal basis that supports the study of Gender and
Society in higher education.

CHED Memorandum No. 1, Series of 2015

- issued by the Commission on Higher Education (CHED) in the Philippines, primarily

focuses on policies and guidelines for General Education (GE) in higher education
institutions.
- The memorandum aims to strengthen and improve the GE program in higher
education institutions to ensure that students receive a well-rounded education that
fosters critical thinking, communication skills, and ethical values.
- It outlines the need for curricular reforms in GE to align with national development
goals, promote global competitiveness, and address the changing needs of society.

This memorandum may include provisions for integrating gender and society perspectives
into the GE curriculum to promote awareness of gender issues, equality, and social justice.

The 1987 Philippine Constitution includes provisions that promote gender equality and
women's rights, specifically in:

● Article II, Section 14 of the Philippine Constitution, which states: "The State
recognizes the role of women in nation-building and shall ensure the fundamental
equality before the law of women and men."

The Constitution emphasizes the importance of gender equality and the fundamental principle
that women and men should have equal rights and opportunities before the law. It aims to
eliminate discrimination based on gender and create a more inclusive and equitable society.

This constitutional provision highlights the commitment of the Philippine government to

promote gender equality, recognize the contributions of women in society, and ensure equal
rights and opportunities for both women and men. It serves as a foundational principle for
addressing gender issues and promoting gender equality in the country.
B. Key Provisions

The Commission on Higher Education (CHED) mandates that all higher education
institutions (HEIs) establish a Gender and Development (GAD) Focal Point System within 90
days of the effectiveness of the relevant memorandum order (CMO).

Here are the key provisions:

1. The CMO requires all higher education institutions (HEIs) to establish a GAD Focal
Point System 90 days after its effectiveness.
2. For private HEIs, the focal points will be responsible for the development and
coordination of the institutional GAD programs. It has to maintain records of GAD
programs, activities and projects.
3. As for public HEIs, they will establish a GAD database and submit a report on the
status of GAD implementation.
4. The CMO identifies four main areas of the university that should be gender
responsive: Administration, curriculum, research and extension programs.
5. The HEI administration should review policies, standards and guidelines 90 days from
the date of the CMO’s effectiveness.
6. As for curriculum:
- There should be gender-responsive curricular programs that prevent all forms
of gender-based discrimination in the curriculum, research, extension,
production and methods.
- Marketing and promotional materials should promote gender equality and
women’s empowerment.
- All employees should undergo regular and continuing training on
gender-related issues.
- Nonsexist textbooks have to be produced and educational materials need to be
revised to eliminate prejudices and gender stereotypes.

The establishment of the GAD Focal Point System aims to ensure gender mainstreaming
across HEIs, fostering a more inclusive and equitable educational
Legal Frameworks

These frameworks provide the necessary guidelines and principles to ensure the
protection of rights, eliminate discrimination, and foster a more equitable society.

The key laws that established the legal foundation for gender and development programs in
the Philippines are:

● Republic Act No. 9710 (Magna Carta of Women)

- The Magna Carta of Women is a 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 sectors.
- This act provides the legal basis for the promotion of women's rights,
gender equality, and the elimination of discrimination against women.
It mandates the adoption of measures to empower women, protect
them from violence, and ensure their active participation in all aspects
of society.

● Gender and Development (GAD) Mandates:

● The Gender and Development (GAD) initiative was implemented as
part of the Magna Carta of Women (MCW), which was established in
2009 by Republic Act (RA) No. 9710.
● Various issues from CHED include GAD policies that require higher
education institutions to integrate gender-responsive elements across
academic and non-academic programs.
● The Magna Carta of Women (Republic Act No. 9710) describes the
Gender and Development Program (GAD) as an inclusive, fair, free
from violence, respectful of human rights, and sustainable approach. It
aims to promote gender equality as a core value in development
decisions, recognizing women as active contributors, not just
beneficiaries.

● Gender Mainstreaming
- Gender mainstreaming is a global strategy that aims to integrate a
gender perspective into all policies, programs, and initiatives to
promote gender equality.
- It was mandated by CHED Memorandum No. 1, Series of 2015,
which requires educational institutions to incorporate gender
mainstreaming principles in their operations to address gender
inequality and promote inclusivity.
- Gender mainstreaming is an important aspect of educational laws and
regulations to ensure equality and non-discrimination based on gender.
GAD focuses on Gender Mainstreaming or a strategy for:
- Making women’s as well as men’s concerns and experiences an integral dimension of
the design, implementation, monitoring, and evaluation of policies, programs and
projects in all social, political, civil, and economic spheres so that women and men
benefit equally; and
- Assessing the implications for women and men of any planned action, including
legislation, policies or programs in all areas and at all levels.

● Executive Order No. 273 (Philippine Plan for Gender-Responsive Development)

- This executive order approves the Philippine Plan for
Gender-Responsive Development, which serves as a strategic
framework for integrating gender perspectives into government
policies and programs. It aims to address gender disparities, promote
inclusivity, and advance gender equality and women's empowerment in
the Philippines

These legal frameworks outline the rights of women, promote gender equality, and provide
guidelines for gender-responsive development planning.

Significant Figures in Promoting Gender Equality:

● CHEd Chair Patricia Licuanan:

- The Chairperson of the Commission on Higher Education (CHEd).
- A feminist and one of the convenors of Beijing 95.
- Her leadership led to the issuance of CHEd Memorandum Order (CMO) No.
01, 2015, which mandated the mainstreaming of gender in all higher education
institutions, both public and private, nationwide.

● Lawyer Carmelita Yadao-Sison:

- The head of CHEd's Gender and Development (GAD) Focal Point System.
- She directed the whole process of formulating the CMO and organized
educational summits and other meetings on the issue.
SOURCES:

https://www.studypool.com/documents/22504836/legal-basis-for-gender-and-society?fbclid=
IwAR0o1PugCAqiXPqbkJMoL3Vo91qrgS6R7_LcDGdcaY1_x9bumkFO-ng19zA

https://www.coursehero.com/file/115839697/Lesson-2-Legal-basis-of-Gender-and-Societydo
cx/?fbclid=IwAR39s9IhHGIa3SVarvpDYEh5UTBgbvCtAlXc5cXoC7C36kNifvJ4PQZ9fM
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https://newsinfo.inquirer.net/734618/gender-programs-to-be-mainstreamed-in-ph-academe

https://library.pcw.gov.ph/wp-content/uploads/2022/03/PCW-GAD-Focal-Point-System-Func
tionality-Assessment-Tool-for-National-Government-Agencies-2022.pdf.

https://batstate-u.edu.ph/research-and-extension/extension-services/gad/.

https://www.deped.gov.ph/2013/06/18/do-27-s-2013-guidelines-and-procedure-on-the-establi
shment-or-deped-gender-and-development-gad-focal-point-system-gfps-at-the-regional-divisi
on-and-school-levels/.

https://web.coa.gov.ph/GAD/index.php/knowledgebase/78-what-is-gad-focal-point-system-gf
ps.

https://pcw.gov.ph/assets/files/2020/03/MC-2011-01_gad-focal-point-guidelines.pdf?x29372.

https://pcw.gov.ph.

https://library.pcw.gov.ph.

https://www.gsis.gov.ph/gad/
GROUP 1 MEMBERS: BEED 2A

Abueva, Lee Ann

Amil, Jericho

Anadon, Vea

Ayunting, Mariel