M2 Updated
M2 Updated
Course Code : GE EL 11
Descriptive Title : GENDER AND SOCIETY WITH PEACE EDUCATION
Term and Academic Year : 1st Semester, AY 2023-2024
Professor/Instructor : CHARLENE A. BLANCAFLOR
Module 2, Lesson 1
Legal Basis for the Study of Gender and Society in the Philippines
I. Introduction
“Women hold up half the sky,” so goes a Chinese proverb. So much so that in development,
gender equality plays a crucial role. This term “gender” does not allude simply to women or men but to
the relationship between the two sexes and the way it is socially constructed. In time, gender and
development (GAD) came into existence. In this module, we will try to understand why we need to study
Gender and Society as part of our college curricula. We will discover the evolution of laws that led to the
implementation of Gender and Society.
Read and understand the discussion and answer the questions that follow. Perform the activity
and keep updated via messenger on the process of submission.
• Gender - refers to the roles and responsibilities of men and women that are created in
the family, society and culture. The concept of gender also includes the expectations
held about the characteristics, aptitudes and likely behaviors of both women and men
(femininity and masculinity). Gender roles and expectations are learned. They can
change over time and they vary within and between cultures. Systems of social
differentiation such as political status, class, ethnicity, physical and mental disability,
age and more, modify gender roles. The concept of gender is vital because, applied to
social analysis; it reveals how women’s subordination (or men’s domination) is socially
constructed. As such, the subordination can be changed or ended. Gender is not
biologically predetermined nor is it fixed forever. (UNESCO)
• Gender Analysis - refers to a framework to compare the relative advantages and
disadvantages faced by women and men in various spheres of life, including the family,
workplace, school, community and political system. It also takes into account how class,
age, race, ethnicity, culture, social and other factors interact with gender to produce
discriminatory results. (PCW MC 2011-01)
Republic of the Philippines
NORTHERN ILOILO STATE UNIVERSITY
NISU Main Campus, V. Cudilla Sr. Ave, Estancia, Iloilo Reg. No. 97Q19783
• Gender and Development (GAD) - refers to the development perspective and process
that are participatory and empowering, equitable, sustainable, free from violence,
respectful of human rights, supportive of self-determination and actualization of human
potential. It seeks to achieve gender equality as a fundamental value that should be
reflected in development choices; seeks to transform society’s social, economic, and
political structures and questions the validity of the gender roles ascribed to women and
men; contends that women are active agents of development and not just passive
recipients of development assistance; and stresses the need of women to organize
themselves and participate in political processes to strengthen their legal rights. (MCW)
• GAD Focal Point System - refers to an interacting and interdependent group of people
in all government instrumentalities tasked to catalyze and accelerate gender
mainstreaming. It is a mechanism established to ensure and advocate for, guide,
coordinate, and monitor the development, implementation, review and updating of their
GAD plans and GAD-related programs, activities and projects. (PCW MC 2011-01)
• Gender Equality - refers to the principle asserting the equality of men and women and
their right to enjoy equal conditions realizing their full human potential 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. (MCW and PCW MC 2011-01)
• Social Protection - refers to policies and programs that seek to reduce poverty and
vulnerability to risks and enhance the social status and rights of all women, especially
the marginalized by promoting and protecting livelihood and employment, protecting
against hazards and sudden loss of income, and improving people’s capacity to manage
risk. Its components are labor market programs, social insurance, social welfare, and
social safety nets. (MCW)
• Substantive Equality - refers to the full and equal enjoyment of rights and freedoms
contemplated under the Magna Carta of Women. It encompasses de jure and de facto
equality and also equality in outcomes. (MCW)
• Violence Against Women - refers to any act of gender-based violence that results in,
or is likely to result in, physical, sexual, or psychological harm or suffering to women,
including threats of such acts, coercion, or arbitrary deprivation of liberty, whether
occurring in public or in private life. It shall be understood to encompass, but not be
limited to, the following:
Physical, sexual, psychological, and economic violence occurring in the family,
including battering, sexual abuse of female children in the household, dowry-related
violence, marital rape, and other traditional practices harmful to women, non-spousal
violence, and violence related to exploitation;
Physical, sexual, and psychological violence occurring within the general
community, including rape, sexual abuse, sexual harassment, and intimidation at work,
in educational institutions and elsewhere, trafficking in women, and prostitution; and
Physical, sexual, and psychological violence perpetrated or condoned by the
State, wherever it occurs. It also includes acts of violence against women as defined in
Republic Acts No. 9208 and 9262. (MCW)
• 1981
o What is CEDAW?
The Convention on the Elimination of All Forms of Discrimination against Women
(CEDAW), adopted on December 18, 1979 by the UN General Assembly and took effect on 3
September 1981, is often described as an international bill of rights for women. The Philippines
signed the CEDAW on 15 July 1980 and ratified it on 5 August 1981, the first ASEAN country to
do so. As of May 2015, the Convention has been ratified by 189 states.
Consisting of a preamble and 30 articles, it defines what constitutes discrimination
against women and sets up an agenda for national action to end such discrimination.
Republic of the Philippines
NORTHERN ILOILO STATE UNIVERSITY
NISU Main Campus, V. Cudilla Sr. Ave, Estancia, Iloilo Reg. No. 97Q19783
The Philippines also ratified the Optional Protocol to the CEDAW on November 12,
2003, which established two mechanisms that enable women to seek redress for violations of
CEDAW through the communication procedure and the inquiry procedure.
The Convention defines discrimination against women as “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 a basis
of equality of men and women, of human rights and fundamental freedoms in the political,
economic, social, cultural, civil, or any other fields.”
The Convention provides the basis for realizing equality between women and men
through ensuring women's equal access to, and equal opportunities in, political and public life --
including the right to vote and to stand for election -- as well as education, health, and
employment. States parties agree to take all appropriate measures, including legislation and
temporary special measures so that women can enjoy all their human rights and fundamental
freedoms.
The Convention is the only human rights treaty which affirms the reproductive rights of
women and targets culture and tradition as influential forces shaping gender roles and family
relations. It affirms women's rights to acquire, change or retain their nationality and the
nationality of their children. States parties also agree to take appropriate measures against all
forms of traffic in women and exploitation of women.
Countries that have ratified or acceded to the Convention are legally bound to put its
provisions into practice. They are also committed to submitting national reports, at least every
four years, on measures they have taken to comply with their treaty obligations.
The CEDAW Convention is built on three foundational principles: non-discrimination,
state obligation and substantive equality.
• 1987
o SECTION 2 of the 1987 Constitution states that “The Philippines renounces war as
an instrument of national policy, adopts the generally accepted principles of
Republic of the Philippines
NORTHERN ILOILO STATE UNIVERSITY
NISU Main Campus, V. Cudilla Sr. Ave, Estancia, Iloilo Reg. No. 97Q19783
international law as part of the law of the land and adheres to the policy of peace,
equality, justice, freedom, cooperation, and amity with all nations.”
o Constitution of the Philippine Republic, Article II, Section 14 "The State recognizes
the role of women in nation-building, and shall ensure the fundamental equality
before the law of women and men." -(MCW IRR, Rule IV, Section 16)
o 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”.
• 1992
o Republic Act 7192 "Women in Development and Nation-Building Act"
o The Women in Development and Nation Building Act or Republic Act No. 7192
reiterates the principle of gender equality and directs all government
departments and agencies to review and revise all their regulations to remove
gender bias therein.
a) Direct all Government departments and Agencies to review and revise
gender bias therein.
b) The intent of the Act is to promote the integration of women as full and equal
partners with men in development and nation-building.
c) Women's Greater Role in Nation-Building Can Lead to Economic and
Political Stability in Post-Conflict Countries. Women's participation in post-
conflict nation-building is an important ingredient in achieving an equitable,
peaceful, and more prosperous society, according to a RAND Corporation
o An act promoting the integration of women as full and equal partners of men in
development and nation building and for other purposes Mandates: Equality in
capacity to act Equal memberships in clubs Admission to military schools Voluntary
PAG-IBIG, GSIS, SSS Coverage
• 1995
o BEIJING PLATFORM FOR ACTION (BPFA)
o September 1995
o "Aimed at removing all the obstacles to women's active participation in all sphere
of public and private life through a full and equal share in economic, social,
cultural and political decision-making at home, in the workplace and in the wider
national and international communities. Equality is a matter of human rights and
a condition for social justice."
Republic of the Philippines
NORTHERN ILOILO STATE UNIVERSITY
NISU Main Campus, V. Cudilla Sr. Ave, Estancia, Iloilo Reg. No. 97Q19783
o The Beijing Platform for Action or BPfA is a landmark document for advancing
the rights of women and gender equality worldwide agreed during the 4th World
Conference on Women in 1995. The international community came to a
consensus and agreed to a comprehensive blueprint of commitments supporting
the full development of women and their equality with men in 12 areas of
concern: (1) women and poverty; (2) education and training of women; (3)
women and health; (4) violence against women; (5) women and armed conflict;
(6) women and the economy; (7) women in power and decision-making; (8)
institutional mechanisms; (9) human rights of women; (10) women and media;
(11) women and the environment; (12) the girl child.
•
Republic of the Philippines
NORTHERN ILOILO STATE UNIVERSITY
NISU Main Campus, V. Cudilla Sr. Ave, Estancia, Iloilo Reg. No. 97Q19783
Republic of the Philippines
NORTHERN ILOILO STATE UNIVERSITY
NISU Main Campus, V. Cudilla Sr. Ave, Estancia, Iloilo Reg. No. 97Q19783
Republic of the Philippines
NORTHERN ILOILO STATE UNIVERSITY
NISU Main Campus, V. Cudilla Sr. Ave, Estancia, Iloilo Reg. No. 97Q19783
Republic of the Philippines
NORTHERN ILOILO STATE UNIVERSITY
NISU Main Campus, V. Cudilla Sr. Ave, Estancia, Iloilo Reg. No. 97Q19783
Republic of the Philippines
NORTHERN ILOILO STATE UNIVERSITY
NISU Main Campus, V. Cudilla Sr. Ave, Estancia, Iloilo Reg. No. 97Q19783
o The BPfA affirmed the principles that would govern future actions and strategies
for women, and firmly set in place an agenda for empowering women by
integrating their concerns in national plans and policies. Governments and the
UN agreed to promote gender mainstreaming as a strategy to ensure that a
gender perspective is reflected in all policies and programs at the national,
regional and international levels.
o For the Philippines, the Beijing Conference broadened the discussions on
women’s rights to include violence against women, women’s leadership and
political participation and economic concerns. It connected what were previously
regarded as women’s issues with other pressing concerns on the environment,
human rights, population, and armed conflict. The country also adopted gender
mainstreaming as the strategy to advance women’s rights in the country.
o The country submitted its Philippine Progress Report on the Implementation of
the Beijing Declaration and Platform of Action and the Outcomes of the 23rd
Special Session of the General Assembly (2000) or BPfA+20 in 2015. It provided
an overview of the major achievements and challenges since the passage of the
BPfA in 1995; updates on the 12 BPfA areas of concern covering the period
2009-2013; as well as the emerging issues to inform the future process of
selecting the post- 2015 development agenda and successors to the Millennium
Development Goals.
o In 2019, the State has submitted the BPfA+25 Progress Report which includes
an assessment of current challenges that affect the implementation of the
agreements enshrined in the BPfA. It also highlighted major achievements on
gender equality and empowerment of women and its contribution towards the full
realization of the 2030 Agenda for Sustainable Development through a gender
perspective. The Report was launched officially in August, 2019 as part of the
10th anniversary celebration of the passage of the Magna Carta of Women.
• 2009
o Republic Act 9710 or the MAGNA CARTA OF WOMEN
o September 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 to the marginalized sectors of
society.
It is the local translation of the provisions of the Convention on the Elimination of All
Forms of Discrimination against Women’s (CEDAW), particularly in defining gender
discrimination, state obligations, substantive equality, and temporary special measures. It also
recognizes human rights guaranteed by the International Covenant on Economic, Social, and
Cultural Rights (ICESCR).
The MCW established the Philippine government’s pledge of commitment to the
Convention on the Elimination of All Forms of Discrimination against Women’s (CEDAW)
Committee in its 36th Session in 2006 and to the UN Human Rights Council on its first
Universal Periodic Review in 2009. It is the local translation of the provisions of the CEDAW,
particularly in defining gender discrimination, state obligations, substantive equality, and
temporary special measures. It also recognizes human rights guaranteed by the International
Covenant on Economic, Social, and Cultural Rights (ICESCR).
In addition to guaranteeing substantive rights, the MCW establishes the responsibility of
the government to take action in order to end discrimination against women. It provides that the
Philippines government must “ensure the substantive equality of men and women” and
Republic of the Philippines
NORTHERN ILOILO STATE UNIVERSITY
NISU Main Campus, V. Cudilla Sr. Ave, Estancia, Iloilo Reg. No. 97Q19783
mandates the State to take steps to review, amend or repeal existing laws that are
discriminatory towards women.
The Government, in its entirety, shall fulfill these duties through the development and
implementation of laws, policies, regulatory instruments, administrative guidelines, and other
appropriate measures. It shall also establish mechanisms to promote the coherent and
integrated implementation of the MCW and other related laws and policies to effectively stop
discrimination against Filipino women.
The MCW 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.
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:
1. 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;
2. 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.
3. 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.
4. Equal treatment before the law, including the State’s review and when necessary
amendment or repeal of existing laws that are discriminatory to women;
5. 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;
Republic of the Philippines
NORTHERN ILOILO STATE UNIVERSITY
NISU Main Campus, V. Cudilla Sr. Ave, Estancia, Iloilo Reg. No. 97Q19783
The MCW Implementing Rules and Regulations (IRR), which were approved in March
2010, identify the Commission on Higher Education (CHED) as the agency mandated to: (1)
develop and promote gender-sensitive curriculum; (2) develop gender fair instructional
materials; (3) ensure that educational institutions implement a capacity building program
gender, peace and human rights education for their officials, faculty and non-teaching staff and
personnel, promote partnerships between and among players of the education sector; (4)
promote partnerships between and among players of the education sector; (5) encourage
advertising industry and other similar institutions to provide free use of space and installation of
displays for schools, colleges and universities for campaigns to end discrimination and violence
against women; and (6) guarantee that educational institutions provide scholarship programs
for marginalized women and girls set the minimum standards for programs and institutions of
higher learning.
• 2010
o Establishment of the Gender and Development(GAD) Focal Point System
o July 2, 2010
o To undertake all necessary and appropriate mechanisms to advance the cause
of GAD in accordance with the policies and directives from the Commission on
Higher Education, Commission on Women, and all other enabling bodies that
promulgate Gender and Development
Republic of the Philippines
NORTHERN ILOILO STATE UNIVERSITY
NISU Main Campus, V. Cudilla Sr. Ave, Estancia, Iloilo Reg. No. 97Q19783
• 2015
o CHED MEMORANDUM ORDER No. 01 Series of 2015
o Establishing the policies and guidelines on gender and development in the
Commission on Higher Education and Higher Education Institutions (HEIs)
Mandates:
▪ GAD Focal point system in CHED
▪ Develop Gender and Development curricula
▪ Gender Responsive Research Programs
▪ Gender Responsive Extension Programs
▪ GAD Database in the institution
Gender mainstreaming is one of the major strategies in educating and informing
various sectors of society on the need to recognize and respect rights of women and
men. Educating more women translates to additional socio-economic gains that benefit
entire societies, including increased economic productivity, higher family incomes, more
informed members of society, and respect for the rights of women. Research has shown
that investments in education facilitate the achievement of most other development
goals including sustainable growth. (USAID, “Education Strategy: Improving Lives
through Learning,” 2005) Gender mainstreaming in higher education is therefore
essential not only to individual but also national development, higher education being
the central site for facilitating the skills, knowledge and expertise important to economic
and social development. HEIs are instrumental in the globalized knowledge economy,
the initial and continuing training of professionals, national wealth creation, and
innovations in science and technology. HEIs are also a potent intermediary for the
promotion of the core value of family and the preservation of women’s role as
transmitters of Philippine culture and heritage.
These Guidelines seek to introduce and institutionalize gender equality, and
gender responsiveness and sensitivity in the various aspects of Philippine higher
education. The Guidelines shall apply to CHED, i.e., the Central and Regional Offices,
and to all higher HEIs, private and public. In terms of scope, the Guidelines include
enabling mechanisms that CHED and HEIs shall establish, such as the GAD Focal
Point System or GFPS, and the integration of the principles of gender equality in the
trilogical functions of higher education:
(1) curriculum development,
(2) gender-responsive research programs, and
(3) gender-responsive extension programs.
Republic of the Philippines
NORTHERN ILOILO STATE UNIVERSITY
NISU Main Campus, V. Cudilla Sr. Ave, Estancia, Iloilo Reg. No. 97Q19783
General Instruction: Read and understand the following questions/instructions per activity, use an extra sheet
of yellow paper or bond paper for your answers in preparation for submission and compilation of these
modules. Answers must be in WRITTEN FORM. NO COMPUTERIZED answers.
Essay. Answer the following questions. Avoid plagiarism and use proper citations or references.
(20 pts each)
1. Why is the study of gender and development important?
2. What led to the creation of your gender and society curriculum?
3. Does discrimination still exist nowadays? Aren’t we all equal?
4. Why is it important for a student like you to know the different Philippine laws as basis
for the creation of gender and development?
❖ Create a timeline on the different legal basis that led to the creation or implementation of
gender and development curriculum. Be as creative as you can.
V. References
• Malubay, Lennie S. (2023). Module 1: Gender and society with peace education.
Northern Iloilo State University, Iloilo.
• University of Caloocan City. (2021). Gender and society - module 2: legal basis for
the study of gender & society. Retrieved from
https://www.coursehero.com/file/81463027/Module-2-Slidespdf/
• Philippine Commission on Women. (.n,d). Beijing Platform for Action. Retrieved from
https://pcw.gov.ph/beijing-platform-for-action/