2. OBJECTIVES ;
• identify and articulate the key gender
issues facing the country.
• understand what are the root-causes of
persisting inequality, specifically those that
are against women, in the context of
Philippine experience.
• explain the existing national policies in
promoting gender equality in the country.
3. INTRODUCTION
The Philippines accords high priority to the promotion of gender equality. It is
one of the few countries with gender provision in its Constitution, and one of
the earliest signatories to the Convention on the
Elimination of All Forms of Discrimination Against Women (CEDAW). It also
signed the Millennium Declaration, wherein gender equality plays an integral
role in the achievement of the Millennium Development Goals. On top of the
international commitments, the Philippines has a long list of laws and policies
promoting gender equality. The Philippines also has a vibrant women’s
movement which is recognized for its work in the international and national
levels. However, Filipino Women also suffer from domestic violence, economic
disadvantages, discrimination at the workplace, exploitation as
migrant workers, and as prostituted women and displacement brought about by
the intermittent wars in conflict affected areas in the Philippines.
4. An Overview of Gender Situation in the
Philippines
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.
The socio-cultural traditions are clashing with the MTV and cyberspace generation. The
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.
Both the changes and the inertia of traditions are the backdrop of a very active and
dynamic women’s movement. The Philippines is a main player in the international
women’s arena and this is anchored on a very vibrant local women’s movement.
Numerous organizations and NGOs exist for the cause of gender equality and other
related women issues.
5. 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.
6. Women and Gender Concerns
in Legal and Policy
Frameworks
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”.
7. Following from constitutional provisions 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
• 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 Harassment Law (defining SH and providing mechanisms)
• Anti-Rape Law (elevation of rape as crime against person)
• Barangay Day Care Center Law (day care center for every village)
• 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.
8. • While the legal framework is there, the actual situation mirrors the deep
gender divide. In the aspect of women in politics, the notable success of
several women is overshadowed by the actual ground level statistics. The
lady Vice President is up to now a shoo-in in the next presidential elections in
2004.
• But the big picture shows that of all the elective positions occupied through
the 1998 elections, only 15% are women.
• In the two-chamber Congress, the Senate (Upper House) has 17.4% women
membership (4 out of 23 seats) which the House of Representatives (Lower
House) has 12.4% (27 out of 217 seats). The first party-list elections in 1998-
- wherein sectoral groups like women competed to get a maximum of 3 seats
per party in the House of Representatives--resulted in the winning of one (1)
seat for a single women's party. Five (5) other women's party did not make
the minimum votes required.
• At the local government level, women Provincial Governors constitute 17%
while Vice-Governors are at 11.5% level. Among the City and Town Mayors,
14.5% of them are women while the ranks of the Vice-Mayors are at low of
10.8%.
9. • The labor force statistics show also a mixed picture. Since there was a
notable feminization of the workforce in the past years, July 2000 figures
showed that there are 1.942 million unemployed women while there are
2.631 million unemployed men. However, more women are taken in for
labor flexibility arrangements especially in the big services sector like in
retail trade. This leaves them exposed to employment insecurity and
unfair compensation schemes.
• Women still accounts for 53% of the unpaid family workers while they
constitute only 37.7% of the wage and salary earners. Though this shows
that the regular income possibilities for women are still limited, the
average household annual income of female-headed families is higher.
The situation also pushes them to seek employment overseas.
Increasing numbers of domestic helpers and entertainers are also being
deployed both legally and illegally.
10. • Within organizations, the gender balance is under overhaul. Trade
union leadership is still male-dominated but women committees and
affirmative actions have changed the complexion of decision-
making. The public sector unions have made great inroads as four
(4) of the major federations are under the strong leadership of
women.
• However, the social fabric remains tainted by arrogance of male
power. Police statistics remains indicative of the traditional ways of
how women are seen in the social and family context. In 1998, 6,518
cases of violence against women were reported with rape
accounting for 1,054 cases and physical injuries at a high of 2,633
cases. Last year, the former was pegged at 13.79% and the latter
reached 35.17% of the cases reported.
11. The Civil Society’s Response
to Women and Gender Issue
• In response to problems that continue to face the Filipina, numerous civil society groups
were organized. The vocal women’s movement was instrumental in the enactment of
the laws that seek to protect women and broaden their role in the society.
• Sub-sectoral groupings of women guaranteed the articulation of specific interests and
agendas while issue-based networks and coalitions advocated and lobbied to policy-
makers and legislators. The campaign for the sexual harassment and the anti-rape laws
saw the synergy of the different organizational forms within the women’s movement.
Their current engagement deals with the law that deals with domestic violence, abortion
and divorce.
• Such advocacy work is also complemented with concrete projects at the ground level.
Community-based groups tackle violence against women, rural and urban women
establish economic undertakings that help them increase their income, wives and
families of migrant workers establish their own savings and insurance network, and
crisis centers are organized in some parts of the country. Even prostituted women have
found both protection and solidarity within their organizations.
12. These activities have seen successes and failures but they constitute as
challenges to the socio-cultural bondage and blinders that up to this age of
Internet and globalization has victimize the Filipina. The gender situation in the
Philippines can be described in sum as:
1.The legal framework has provided basic frameworks and
processes for women empowerment and gender fairness
but the dynamics of political and social institutions
reinforced by the cultural standpoints continue to provide
a push-pull effect on gender equality.
2.Women have made significant advances in politics.
Though there may be several factors that tend to lessen
its importance --like belonging to a political dynasty, the
role of women in national and local decision-making can
no longer be ignored and their competence, in some
cases, suits up or even exceeds that of male politicians.
13. 3. The women's voice in the society is very strong due the vibrant women's
movement. Recognized for their work in the international and national levels,
the movement has been instrumental in pushing for many changes in the
various facets of the Philippine society. Additionally, the various organizations
have worked on --with pioneering educational approaches and service-specific
projects-- the "culture shift" of both men and women.
4. The statistics on women remain indicative of the deep-rooted and
widespread problems they encounter in their daily lives. The labor market has
stereotyped women, disadvantaged them in jobs and incomes, and even forced
them into prostitutions and slave-like work. The social image of a Filipina is still
that of a weak person, poster girl of domestic help, expert in double burden,
and a sexual object. While the mainframe of gender politics is changing, the
struggle of women to escape from the traditional mold everyday life continues.
15. Survey of Laws on Women and
Gender Issues in the Philippines
PROF. JASON IGLESIA CAMA
16. • As the government recognizes the role and influence of women in the
Philippines, many laws have been crafted to guarantee their protection and
well-being, may it be in work or household.
• The following list pertains to laws covering gender issues, specifically of
Filipino women’s rights in the Philippines
1. 105-Day Expanded Maternity Leave Law Signed into law on February 2019 by
President Rodrigo Duterte, Republic Act 11210 or the Expanded Maternity Leave Law
extends the previous 60-day (78 days for caesarian section delivery for women
workers in the private sector) paid maternity leave to 105 days.
The law also entails an option to extend for an additional 30 days of unpaid leave.
Additional 15 days paid maternity leave shall also be granted to female solo parents.
2. Prohibition on Discrimination Against Women RA 6725 prohibits discrimination
with respect to terms and conditions of employment solely on the basis of sex. Under this
law, any employer favoring a male employee over a female in terms of promotion, training
opportunities, and other benefits solely on account of sex is considered discrimination.
17. 3. Anti-Violence Against Women and Their Children Act of 2004 RA 9262, or An Act
Defining Violence Against Women and Their Children, Providing Protective Measures
for Victims, Prescribing Penalties Therefor and for Other Purposes, recognizes the need
to protect the family and its members particularly women and children, from violence and
threats to their personal safety and security.
Under this law, 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.
4. Assistance for small-scale women entrepreneurs This law seeks to
provide all possible assistance to Filipino women in their pursuit of owning,
operating and managing small business enterprises.
RA 7882, or the act that states the Provision of Assistance to Women Engaging
in Micro and Cottage Business Enterprises, and for other purposes, was
approved in February 1995.
18. 5. Anti-Sexual Harassment Act of 1995 RA 7877 addresses the issue of
sexual harassment committed in employment, education or training
environment. It was signed into law on February 14, 1995, under former
President Fidel Ramos' administration.
Sexual favors made as a condition in the employment or granting promotions or
privileges; or the refusal to grant the sexual favor results in limiting, segregating
or classifying the employee which in any way would discriminate, deprive or
diminish employment opportunities or otherwise adversely affect is punishable
by law.
6. The Anti-Rape Law of 1997 RA 8353 states that any person having carnal
knowledge of a woman through force, threat, or intimidation or by means of
fraudulent machination or grave abuse of authority will be punished.
Depending on the severity of the case, the offense may be punishable
reclusion perpetua or life imprisonment.
19. 7. Rape Victim Assistance and Protection Act of 1998 RA 8505 declares the
policy of the State to provide necessary assistance and protection for rape
victims. The government shall coordinate its various agencies and non-
government organizations to work hand in hand for the establishment and
operation of a rape crisis center in every province and city that shall assist and
protect rape victims in the litigation of their cases and their recovery.
8. Magna Carta of Women RA 9710 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.
t conveys a framework of rights for women based directly on international law.
Pursuant to this law is Executive Order 273 that states the approval and
adoption of Philippine Plan for Gender-Responsive Development, 1995-2025.
20. 9. National Women's Day RA 6949 declares the eighth
day of March every year as a special working holiday. This
ensures meaningful observance of the holiday, where all
heads of government agencies and instrumentalities,
including government-owned and controlled corporations
as well as local government units, and employers in the
private sector shall encourage and afford sufficient time
and opportunities for their employees to engage and
participate in any activity conducted within the premises of
their respective offices or establishments to celebrate
National Women's Day.