2B (1)

LEGAL BASES FOR THE STUDY OF GENDER AND SOCIETY

CHED Memorandum Order (CMO) No. 1, Series of 2015

  • CMO No. 1, s. 2015 is a key policy by the Commission on Higher Education (CHED) to mainstream Gender and Development (GAD) in all Philippine higher education institutions (HEIs).

  • It includes State Universities and Colleges (SUCs), Local Universities and Colleges (LUCs), and private institutions.

  • Primary objectives:

    • Promote gender equality.
    • Empower women.
    • Anti-discrimination initiatives.

  • Mandates integration of gender considerations in various areas:

    • Planning.
    • Budgeting.
    • Research.
    • Curriculum.
    • Anti-harassment policies.
    • Capacity-building activities.

  • Ensures monitoring and provides incentives for compliance.

Historical Context and Legal Bases

  • Issued in January 2015 under Republic Act (RA) 9710, also known as the Magna Carta of Women.
  • Requires HEIs to collect sex-disaggregated data to address gender gaps in:
    • Enrollment.
    • Access to STEM programs.
    • Leadership opportunities.
    • Rural education issues.
  • Implementation began immediately after publication, with CHED Regional Offices (CHEDROs) responsible for oversight.
  • This policy remains active, encompassing over 2,300 HEIs in the Philippines as of 2026.

Detailed Purpose and Coverage

  • Aims to establish a gender-responsive higher education system, encompassing:
    • Instruction.
    • Research.
    • Extension services.
    • Administration processes.
  • Key objectives include:
    • Building GAD competencies among faculty, staff, and students.
    • Establishing resource centers dedicated to GAD initiatives.
    • Fostering international partnerships.
    • Producing graduates equipped to address gender issues in workplaces and communities.

Gender and Development (GAD) Focal Point System (GFPS)

  • Each HEI must establish a Gender and Development Focal Point System (GFPS).
    • The committee is led by the institution's president, with representatives from diverse backgrounds.
  • Responsibilities include:
    • Managing annual GAD plans.
    • Allocating 5% of the budget to GAD initiatives.
    • Submitting planned budget and GAD reports to regional CHED offices by March each year.
    • Overseeing training and coordination efforts.

Zonal Gender and Development (GAD) Resource Centers (GRCs)

  • CHED designates select HEIs as Zonal GRCs for each region to provide:
    • Technical assistance.
    • Training and resources.
    • Research and database management.
  • Responsibilities include:
    • Maintaining GAD libraries/databases.
    • Assessing needs at the regional level.
    • Operating under renewable five-year agreements based on performance.
  • Examples of GRC activities include:
    • Hosting gender auditing workshops.
    • Conducting curriculum development workshops.
  • GRCs collaborate on developing national databases for CHED’s policy formulation.

Comprehensive Gender and Development (GAD) Planning and Budgeting

  • HEIs are required to create thorough Gender and Development Plans and Budgets (GPBs) for activities such as:
    • Women's scholarships.
    • Leadership seminars.
    • Infrastructure improvements, e.g., lactation rooms.
  • Adhere to procurement rules, submit September Accomplishment Reports detailing outcomes, challenges, and fund utilization, which are subject to CHED validation.
  • The GAD Budget Accountability Form enhances transparency and accountability in budgeting processes.
  • Private HEIs often incorporate GPBs into their strategic plans, frequently linking these efforts to ISO certifications for administrative efficiency.

Data Collection, Management, and Research Mandates

  • HEIs must collect sex-disaggregated data on:
    • Enrollment and graduation statistics.
    • Promotion statistics.
    • Incidents of violence affecting gender.
  • Data analysis will inform CHED’s database to initiate interventions aimed at increasing female participation in STEM fields.
  • Research areas include:
    • Gender-based violence.
    • Gender stereotypes.
    • Economic disparities.
    • Climate impacts on gender.
  • Faculty receive incentives for collaborative research and capacity-building initiatives focused on local issues.
  • Annual reports published on institutional websites ensure greater accountability.

Anti-Sexual Harassment and Violence Prevention

  • Under RA 7877, every HEI must maintain a Committee on Decorum and Investigation (CODI).
    • The CODI must ensure equal gender representation and manage complaint procedures.
    • A preliminary investigation must occur within 10 days, followed by a full hearing lasting up to 20 days to reach a final decision within a total of 30 days.
  • Protocols include:
    • Preventive suspension for up to 30 days.
    • Appeals process directed to the head of the HEI.
    • Preservation of victim confidentiality and provision of counseling support.
  • Compliance involves quarterly submission of case summaries to CHEDROs for trend analysis and guidance for policy refinement.

Curriculum and Instruction Integration

  • Gender mainstreaming is embedded in the syllabi:
    • General education courses integrate modules focusing on equality.
    • Professional programs address biases relevant to specific fields (e.g., gender considerations within nursing or information technology ethics).
  • Faculty training is provided via GRCs to revise assessments for inclusivity and responsiveness to gender issues.
  • Student services include:
    • GAD-responsive counseling, organizations, and outreach programs serving local communities.

Incentives, Accreditation, and Compliance

  • Outstanding performers in GAD initiatives are eligible for:
    • CHED awards and additional funding.
    • Priority in SUC leveling and private accreditation processes.
  • Non-compliance may result in:
    • Official warnings.
    • Budget holds.
    • Downgrades subject to hearings.
  • UniFAST student aid channels support towards vulnerable women, for example, allocating 5% of Student Financial Assistance Programs (StuFAP) for single parents.
  • Policy updates take effect 15 days post-publication in 2015 with advisory updates from CHED supplied over time.

CEDAW - Convention on the Elimination of all Forms of Discrimination Against Women

  • Signed on December 18, 1979, at New York City, this international treaty was adopted by the United Nations General Assembly.
  • CEDAW serves as an international bill of rights for women, guiding national actions to eradicate discrimination.
  • Article 1: Defines discrimination against women covering all aspects of human rights and fundamental freedoms.
  • Article 2: Countries must eliminate discriminatory laws and policies within their national framework.
  • Article 3: Affirms women's fundamental equality with men in all life spheres; countries are urged to take measures that uphold this parity in political, social, economic, and cultural domains.
  • Article 4: Countries may implement temporary special measures to accelerate gender equality.
  • Article 5: Countries are committed to modifying or eliminating practices based on outdated sex role assumptions.
  • Article 6: Emphasizes the need to suppress exploitation in prostitution and trafficking of women.
  • CEDAW unequivocally states: All forms of discrimination against women must cease, highlighting women's right to full participation across societal aspects without discrimination.

1987 Philippine Constitution - Article 2, Section 14

  • The 1987 constitutional document outlines the values and principles guiding the Philippine government, emphasizing women's rights and roles in nation-building.
  • Section 14 highlights two primary principles:
    • Recognition of women's critical role in nation-building.
    • Guarantee of equality before the law for women.
  • Purpose and Importance:
    • Promotes gender equality.
    • Protects women's rights.
    • Addresses historical discrimination and fosters women’s full participation in national life.
  • Impact on Laws and Policies:
    • Influenced the creation of laws such as the RA 9710 (Magna Carta of Women) that secure human rights for women and advocate for equality across sectors.
  • Contemporary Relevance:
    • Article II, Section 14 remains critically significant today as issues like gender discrimination, unequal opportunity access, and gender-based violence persist, underlining the legal obligation to promote women's rights and gender equality.

RA 7192 and IRR (1992) - Promoting Equality and Empowerment

  • RA 7192 (Women in Development and Nation-Building Act) was signed into law on February 12, 1992, under President Corazon C. Aquino. It recognizes women's roles in nation-building.
  • Section 1: Title - This act is cited as the "Women in Development and Nation-Building Act."
  • Section 2: Declaration of Policy - Affirmation of fundamental equality before the law for both women and men, ensuring equal rights and opportunities.
  • Section 3: The National Economic and Development Authority (NEDA) is responsible for enhancing women's participation in development activities.
  • Section 4: Mandate states NEDA, with assistance from the National Commission on the Role of Filipino Women, to foster women's integration into the development processes.
  • Section 5: States that women of legal age are entitled to the same capacity to act and enter contracts as men in equivalent circumstances.
  • Section 6: Mandates equal access to membership in social clubs, civic organizations, and committees.
  • Section 7: Guarantees equal opportunities for women in military training and education.
  • Section 8: Married spouses dedicating full time to house management can access voluntary PAG-IBIG, GSIS, and SSS coverage based on the working spouse's salary.
  • Section 9: NEDA shall issue necessary rules within six months for implementing key sections of the act.
  • Section 10: Compliance reports are required semi-annually from government departments to Congress.
  • Section 11: Establishes a separability clause for unconstitutional provisions.
  • Section 12: Repeals inconsistent laws, including certain Civil Code and Family Code provisions.
  • Section 13: The act becomes effective upon publication in the Official Gazette or two newspapers of general circulation.

Implementing Rules and Regulations (IRR) of RA 9710

  • The Magna Carta of Women (RA 9710) encompasses Implementing Rules and Regulations (IRR) vital for enforcing gender equality and women's empowerment in society.
  • The IRR translates the principles into actionable policies, emphasizing gender mainstreaming within government and societal frameworks.
  • It secures women’s rights across three main spheres: economic, social, and political.

Link to Gender and Society

  • Examines sex, gender roles, stereotypes, and inequalities that affect societal structures.
  • The IRR aims to counteract discrimination through laws addressing socialization in various environments (family, school, media).
  • Key provisions include ensuring equal access to resources, health care, and education for marginalized groups while protecting against gender-based violence.
  • Advocates for a whole-of-society approach to implement these gender equality measures effectively.

Marginalized Sectors Addressed

  • The law protects marginalized sectors, including:
    • Rural and urban poor workers.
    • Indigenous peoples.
    • Solo parents.
    • Persons with Disabilities (PWDs).
  • Guarantees access to food, housing, employment, and participation in community life.

Gender Socialization in the IRR

  • Promotes awareness and sensitivity to combat stereotypes propagated through family, peer interaction, and media representations.
  • Supports gender-responsive education and workplaces by empowering all participants to challenge prevailing norms.
  • Aligns with RA 7192 for facilitating equal opportunities.

Philippine Laws Overview

  • The IRR of RA 9710 builds on previous initiatives such as RA 7192, mandating gender audits, budgeting, and ensuring compliance across various government agencies.
  • Aims to secure substantive equality beyond formal representation.

Addressing Challenges

  • Focuses on tackling gender inequalities in areas such as:
    • Poverty.
    • Violence against women.
    • Access to essential services.
  • Envisions action plans to address abuses rooted in gender inequity through GAD codes and monitoring efforts.
  • Relevance to ongoing issues like reproductive health, ensuring continued advocacy in education and policy reform.

Implementation Roles

  • Agencies such as the Department of Health (DOH), the Department of Social Welfare and Development (DSWD), and the Philippine Commission on Women (PCW) will spearhead initiatives alongside local government units to integrate GAD principles into development plans.
  • The role of students includes advocating for gender-responsive practices in broader societal contexts.

Conclusion & Call to Action

  • The IRR facilitates the establishment of a gender-fair Philippines, encouraging individuals to apply gender-sensitive considerations in their daily lives.
  • Promotes the importance of challenging biases and supporting gender-equitable policies.

Beijing Platform for Action (1995)

  • The BPFA outlines principles to be adopted for future actions and strategies to empower women, mandating the integration of gender concerns into national policies.
  • Governments and the UN pledged to promote gender mainstreaming, ensuring gender perspectives permeate all policies and programs.

Philippines Report on the Beijing Declaration and Platform of Action

  • The country evaluated its compliance and progress on women’s rights articulated in the BPFA, addressing challenges faced and achievements made since the 1995 declaration.
  • Submitted progress reports in 2015 and 2019 to assess gender equality metrics and their contribution towards achieving the 2030 Agenda for Sustainable Development.
  • Involved multiple stakeholders and processes to ensure comprehensive feedback in report submissions, consistent with UN Women guidance.

12 Areas of Concern from BPFA

  1. Women and Poverty: Poverty disproportionately affects women, leading to a higher degree of discrimination based on economic status.
  2. Education and Training: Education is necessary to bridge gender gaps; educated women contribute significantly to families and communities.
  3. Women and Health: Health conditions impact women’s rights and potential, necessitating rights to health services and violence-free environments.
  4. Violence Against Women: While legal frameworks have been established globally, gaps remain in execution and access to resources for survivors.
  5. Women and Armed Conflict: Conflicts expose women to violence and vulnerabilities, with sexual violence often weaponized.
  6. Women and the Economy: Women's contributions to various sectors remain underappreciated amid persistent gender discrimination.
  7. Women in Power and Decision-Making: Women face underrepresentation in leadership across all domains.
  8. Institutional Mechanisms: Strong laws and institutional coordination are essential for advancing gender equality.
  9. Human Rights of Women: Full enjoyment of human rights for women is understood as a primary government responsibility.
  10. Women and the Media: Media can be a vehicle for change, highlighting both discrimination and the positive roles of women.
  11. Women and the Environment: Women bear the brunt of environmental impacts while often being excluded from decision-making.
  12. The Girl Child: Specific forms of violence and harmful practices require targeted interventions for the protection and empowerment of girls.

RA 9710 - Magna Carta for Women (2009)

  • The Magna Carta of Women is a transformative legislation in the Philippines aimed at eradicating discrimination against women and promoting equality.
  • Originated as a consolidation of proposals, the act was signed into law on August 14, 2009; it took effect from September 15, 2009.
  • The act acknowledges the importance of gender equality, ensuring women's rights are held at an equal level to men's rights.
  • Mandates of RA 9710:
    • Ensuring gender equality and rights for marginalized sectors.
    • Facilitating special leave benefits for women undergoing gynecological surgery.
    • Prohibiting the discrimination against students and faculty due to pregnancy outside of marriage.

Good Impacts and Benefits of RA 9710

  • The law has led to tangible improvements in women's daily lives:
    • Increased access to medical care.
    • Improved safety in educational settings.
    • Enhanced representation in leadership roles.
    • Better health and family support services.
  • Documentary/Real-World Example: The Manila Contraceptives Case illustrating the law's role in advocating for women's reproductive rights amidst local restrictions that previously obstructed access to contraceptives. This successfully challenged local laws per RA 9710's provisions to uphold women’s health and self-determination rights.