CHAPTER 2: Legal Basis for the Study of Gender and Society

Learning Objectives:

1. Gain a comprehensive understanding of the fundamental legal frameworks that

influence the examination of gender and society in the Philippines.
2. Examine the importance of international accords and state laws in advancing gender
equality and combating gender-based discrimination.
3. Assess the progression of gender-related legislative frameworks and analyze their
impact on societal norms, policies, and practices within the context of the Philippines.

Introduction:

In an era characterized by growing awareness of gender-related issues and the endeavor to

achieve equality, the legal structure assumes a central position in influencing societal
standards, actions, and regulations. Chapter 2 of this course extensively explores the
fundamental legal principles that form the basis for the examination of gender and society
in the context of the Philippines. Through an examination of pivotal texts and legislative
measures, our objective is to elucidate the profound impact of legal instruments in
confronting instances of gender-based prejudice and promoting the pursuit of gender
parity. In this chapter, we will analyze the impact of these legal frameworks on policy and
law, as well as their influence on broader discussions regarding societal attitudes, gender
roles, and rights. As we commence this endeavor, we extend an invitation to thoroughly
examine the linkages between law, gender, and society, and to acknowledge the significant
influence that legal instruments can exert in crafting a future characterized by fairness and
inclusivity.

2.1 CHED Memo no.1, s.2015

The issuance of CHED Memo No. 1, s. 2015 by the Commission on Higher Education
(CHED) in the Philippines carries substantial importance in advancing gender-responsive
education within the realm of higher education. The objective of the memorandum is to
promote gender equality and eradicate gender-based discrimination within institutions of
higher education. This highlights the significance of incorporating gender perspectives into
various aspects such as curricula, research, policy, and practices. In pursuit of this
objective, the Commission on Higher Education (CHED) endeavors to establish a learning
environment that is characterized by inclusivity and equity. The statement underscores the
need of questioning and contesting stereotypes, fostering a critical examination of gender-
related matters, and establishing an inclusive environment that guarantees the safety and
well-being of all individuals, regardless of their gender identification.

KEY PROVISIONS:

1. Curricular Integration: Higher Education Institutions (HEIs) are strongly recommended

to incorporate gender considerations into their academic programs. This entails
analyzing the ways in which gender norms and identities overlap with other academic
disciplines.
2. Faculty Development: The Commission on Higher Education (CHED) advocates for the
implementation of gender-related training programs for educators, aiming to strengthen
their ability to integrate gender concerns into their teaching and research endeavors.
3. Research and Publication: The memorandum promotes academic research that
focuses on the examination and resolution of disparities between genders, the
deconstruction of stereotypes, and the analysis of societal expectations. Furthermore,
it underscores the importance of encouraging gender-sensitive language within the
context of academic publishing.
4. Gender-Friendly Campus: It is imperative that institutions establish an atmosphere
that is devoid of gender-based violence and harassment. This necessitates the
implementation of protocols to address instances of wrongdoing connected to gender.
5. Gender-Responsive Policies: The Commission on Higher Education (CHED) promotes
the establishment of gender-responsive policies inside educational institutions, aiming
to guarantee equitable opportunities and access for everyone, irrespective of their
gender.

This memo has brought about a significant transformation in higher education through the
integration of gender awareness into several academic fields. The objective is to question
and counteract biases, while fostering an educational environment that is more inclusive
and representative of the diverse student population.

2.2 Convention on the Elimination of All Forms of Discrimination Against

Women (CEDAW, 1981)

The Convention on the Elimination of All Forms of Discrimination Against Women

(CEDAW), which was enacted by the United Nations General Assembly in 1981, is a
significant global treaty that seeks to advance gender equality and the rights of women on a
global scale. The relevance of this extends to the Philippines, which holds the distinction of
being the first ASEAN country to ratify it in 1981. The notions associated with it have had a
major impact on the legal framework pertaining to gender and society. CEDAW is founded
around core concepts that aim to confront and combat discrimination based on gender,
with the goal of achieving gender equality.

KEY PROVISIONS:

1. Non-Discrimination – The convention posits that the eradication of all manifestations

of gender-based discrimination against women is imperative. It is recognized that such
discriminatory practices hinder women’s ability to fully exercise their human rights and
fundamental freedoms.
2. Political and Public Life – CEDAW places significant emphasis on the recognition and
promotion of women’s entitlement to engage in political and public spheres. The
concept advocates for equitable representation in decision-making procedures and
acknowledges the significance of incorporating women’s viewpoints in the formulation
of policy.
3. Education and Employment – The treaty promotes the principle of ensuring equitable
opportunities for women to attend education and training. The primary objective of this
initiative is to promote gender equality in the labor market by eliminating gender-related
obstacles and ensuring equitable opportunities for women.
4. Marriage and Family Life – CEDAW emphasizes the principle of equality in the context
of marriage and family dynamics. The objective is to eradicate conventional customs
that uphold and reinforce gender norms and stereotypes.
5. Violence Against Women – The convention acknowledges that acts of violence
perpetrated against women constitute a breach of their fundamental human rights. The
situation necessitates the implementation of strategies aimed at preventing,
addressing, and eradicating acts of violence, encompassing both public and private
domains.

The ratification of CEDAW by the Philippines in 1981 signified the country’s dedication to
harmonizing its domestic legislation with the fundamental tenets of the convention. This
commitment subsequently resulted in the enactment of laws such as the Magna Carta of
Women (Republic Act 9710), which specifically aims to address issues pertaining to
gender-based discrimination. The dedication resulted in the Implementation of gender-
responsive policies in the domains of education, healthcare, and employment, thereby
facilitating greater involvement of women in political affairs, educational pursuits, and the
labor market. Consequently, this has fostered an environment that promotes inclusivity.
The catalytic function of the Convention on the Elimination of All Forms of Discrimination
Against Women (CEDAW) in advocacy and awareness campaigns has facilitated the
initiation of dialogues surrounding gender stereotypes, discrimination, and the rights of
women. In a broader context, the impact of CEDAW on legal reforms, empowerment, and
awareness serves to emphasize its transformative importance in promoting gender
equality in the Philippines and other regions.

2.3 1987 Constitution, Article II, Section 14

The constitutional provision highlights the recognition of the significant role played by
women in the progress and advancement of the country. The statement underscores the
obligation of the government to ensure gender equality before the law, with the objective of
eradicating discrimination based on gender and fostering a society that is fair and inclusive.
The acknowledgment of women’s contribution to the process of constructing a nation
forms the basis for the formulation and implementation of measures and initiatives that
promote gender parity and enable women to engage actively in all dimensions of societal
advancement.

2.4 Republic Act 7192 (1992)

Republic Act 7192, generally referred to as the “Women in Development and Nation
Building Act,” was enacted in 1992 in the Philippines as a significant step towards
promoting gender equality and women’s empowerment. The enactment of RA 7192
represents a notable advancement in the efforts to tackle gender inequalities and foster
the meaningful engagement of women across various domains of society. The fundamental
objectives of this initiative encompass the recognition of women’s pivotal role in the
advancement of the nation, the eradication of discrimination based on gender, and the
promotion of an environment that is receptive to gender-related concerns.

KEY PROVISIONS:

1. Recognition of Women’s Role – The legal framework acknowledges the significant

contribution of women in the advancement of the nation and seeks to guarantee their
meaningful involvement across diverse domains.
2. Gender Mainstreaming – The legal framework recognizes the substantial contribution
of women in the progress of the nation and aims to ensure their meaningful
participation in all fields
3. Gender-Responsive Program – Legislation promotes the establishment of initiatives
and endeavors that are sensitive to gender-related concerns, aiming to advance
women’s rights, enhance their agency, and foster their progress.
4. Protection of Women’s Right – RA 7192 places significant emphasis on the
safeguarding of women’s rights and actively promotes the eradication of discrimination
based on gender.
5. Education and Training – The legal framework places significant importance on the
necessity of educational and training programs that promote gender sensitivity,
comprehension, and parity.
6. Employment and Training – The legislation endeavors to enhance equitable
employment prospects and professional advancement for women, encompassing
provisions aimed at mitigating instances of discrimination inside the workplace.
7. Healthcare and Family Welfare – The Republic Act 7192 aims to effectively cater to
the healthcare requirements of women, particularly in the areas of reproductive health
and family planning. It strives to guarantee the availability and provision of high-quality
health services to women, while promoting their overall well-being.

The Implementation of Republic Act 7192 has resulted in discernible transformations in

policies, programs, and attitudes, prompting institutions to establish gender-responsive
initiatives, champion women’s rights, and augment women’s involvement in decision-
making processes. This legislation serves as a fundamental principle in the examination of
gender and society, acknowledging the significant contributions made by women,
addressing discriminatory practices, and fostering an environment of inclusiveness. The
lasting influence of this phenomenon highlights the significant role that legal instruments
play in creating societal norms and promoting gender equality.

2.5 Beijing Platform for Action (1995)

The Beijing Platform for Action, which was endorsed at the Fourth World Conference on
Women held in Beijing in 1995, serves as a significant global framework with the objective
of advancing gender equality and the empowerment of women throughout various aspects
of society. The Beijing Platform for Action provides a comprehensive framework for
addressing gender-based disparities and promoting women’s empowerment on a global
scale. The identification of 12 key domains, such as education, health, economic
involvement, and violence against women, highlights the necessity for focused
interventions to remove discriminatory practices and foster substantial societal
transformation.

12 Critical Areas

1. Women and Poverty – Addressing the disproportionate impact of poverty on women

and ensuring access to economic opportunities, resources, and social services.
2. Education and Training of Women – Ensuring equal access to quality education and
training for girls and women, enabling them to reach their full potential.
3. Women and Health – Promoting women’s health and well-being, including access to
reproductive health services, family planning, and the prevention of gender-based
violence.
4. Violence Against Women – Combating all forms of violence against women and girls,
both within public and private spheres, and providing support and protection for
survivors.
5. Women and Armed Conflict – Addressing the specific challenges women face in
situations of armed conflict, advocating for their participation in conflict resolution, and
protecting their rights during and after conflict.
6. Women and the Economy – Ensuring women’s equal participation in economic
activities, including access to resources, credit, and income-generating opportunities.
7. Women in Power and Decision-Making – Promoting women’s leadership and
participation in political decision-making processes at all levels of society.
8. Institutional Mechanisms for the Advancement of Women – Establishing effective
institutional mechanisms to promote gender equality, monitor progress, and enforce
policies and laws.
9. Human Rights of Women – Upholding and protecting the human rights of women and
girls, ensuring their equal treatment under the law.
10. Women and Media – Challenging gender stereotypes in media representation and
promoting more accurate and diverse portrayals of women.
11. Women and the Environment – Recognizing the role of women in environmental
sustainability, natural resource management, and sustainable development.
12. The Girl Child – Focusing on the rights and empowerment of girls, including access to
education, health services, and protection from discrimination and violence.

The Beijing Platform for Action has demonstrated its enduring significance over the course
of several decades, serving as a pivotal catalyst for promoting gender equality and
facilitating transformative changes within society. The enduring significance of this issue
highlights the continuous international commitment to addressing gender inequalities,
promoting women’s rights, and striving for a more equitable and fair society.
This platform serves as a symbol of global collaboration, exerting influence on domestic
policy and extending its impact to efforts both within the Philippines and beyond. The
concepts outlined in this framework persistently inform endeavors focused on cultivating a
society that places importance on inclusivity, equality, and gender sensitivity. This serves to
reinforce the effectiveness of cooperative international initiatives in transforming the
dynamics of gender and society.

2.6 Republic Act 9710 – Magna Carta for Women (2009)

Republic Act (RA) 9710, also referred to as the “Magna Carta of Women,” was enacted in
2009 and holds significant importance as a key legal framework concerning gender and
societal dynamics in the Philippines. This module section examines the fundamental
provisions, objectives, and enduring effects of RA 9710 in relation to the promotion of
gender equality and the empowerment of women. RA 9710 represents a significant
legislative achievement that highlights the Philippines’ dedication to advancing gender
equality, empowering women, and eliminating discrimination. The law functions as a
comprehensive structure that delineates the entitlements, safeguards, and prospects
extended to women throughout many spheres of existence

KEY PROVISIOS:

1. Non-Discrimination – The Republic Act 9710 serves as a legal framework that aims to
prevent and eliminate discrimination against women, thereby guaranteeing their
equitable treatment both in the eyes of the law and in society at large.
2. Protection Against Violence – The legislation encompasses the issue of violence
directed towards women, encompassing legal recourse, assistance programs, and
preventive and responsive measures for addressing gender-based violence.
3. Women’s Empowerment – RA 9710 places significant emphasis on the empowerment
of women in economic, social, and political spheres, with the aim of ensuring equitable
opportunities for education, employment, and participation in decision-making
processes.
4. Healthcare and Family Planning – The legislation guarantees women’s entitlement to
high-quality healthcare services and family planning, acknowledging and upholding
their reproductive rights.
5. Representation and Participation – RA 9710 seeks to promote and facilitate the active
involvement of women in the realms of governance and public service, with the goal of
achieving equitable representation throughout the political, economic, and social
domains.

The Magna Carta of Women has had a profound influence on laws, programs, and cultural
attitudes, resulting in the implementation of gender-responsive initiatives, the
acknowledgment of women’s rights, and an increased understanding of gender-related
issues. Republic Act 9710 highlights the commitment of the Philippines to promoting
gender equality and empowerment, serving as a reminder of the transformative impact of
legislation in fostering a society that is inclusive, fair, and attuned to gender considerations.
The lasting impact of this phenomenon persists in shaping policy, propelling us towards a
forthcoming era characterized by the preservation of women’s rights and the questioning of
gender imbalances.

Conclusion:
In summary, the legal underpinnings examined in this chapter offer a comprehensive
structure for analyzing the interplay between gender and society within the context of the
Philippines. The country’s dedication to gender equality, women’s empowerment, and the
elimination of discrimination is evident in a variety of legal instruments. These include
CHED Memo No. 1, s. 2015, the CEDAW, Republic Acts such as RA 7192 and 9710, and the
global framework provided by the Beijing Platform for Action. Together, these instruments
emphasize the nation’s resolve to address these issues. These laws prioritize the
incorporation of gender viewpoints into education, policies, and societal norms. The points
underscore the significance of questioning and dispelling prejudices, advocating for
increased female involvement, and cultivating inclusive settings. Through an examination
of these legal underpinnings, we can get a deeper understanding of the capacity of legal
mechanisms to alter prevailing societal conventions, deconstruct gender-related
inequalities, and cultivate a more fair and impartial society that encompasses all
individuals.