In pushing for Mainstreaming
Gender and Development (GAD) it is vital that we discuss human rights, gender
equality and the rule of law.
Despite the fact that Executive Order No.273 was issued in 1995 by
President Fidel V. Ramos, mandating all government agencies, entities
instrumentalities and government owned and controlled corporations (GOCCs), to
mainstream gender and development from 1995 to 2025, the desired development
has not really accelerated in accordance with our hearts’ desire for the past
twenty years.
Nevertheless, I sense that the
next ten years will create much difference. The interest shown by many of those
in government to know the proper way of Gender Planning and Budgeting (GPBs) to
ensure the proper use of the mandated 5% GAD Budget is very encouraging. Such
interest is partly triggered by the very good performance of the Auditors from
the Commission on Audit (COA), that properly check on the use of the budget.
In the past we heard that some
government entities used their 5% GAD Budget for certain activities such as
ballroom dancing, cooking and other projects that do not respond to the need to
change peoples’ mindsets and attitudes for them to become gender sensitive and
responsive so that they can become better individuals and citizens and likewise
become better public servants.
Gender sensitivity and
responsiveness is very vital especially to people tasked in the administration
of justice.
From the time I did trainings on
Gender Law and Transformative Justice especially to group of lawyers where I
put emphasis on Human Rights, Gender Equality and the Rule of Law, I received
very encouraging feedbacks.
Many participants, in the various
trainings I have conducted for lawyers, openly appreciate my call for all of us
to do “truth telling” to identify the issues and concerns that we find at
homes, workplaces and our communities that impact human rights, gender equality
and the rule of law.
In all the workshops we have
conducted for both lawyers and non-lawyers, always, their answers are YES to
the question of whether they see human rights violations and gender
discrimination at homes, workplaces and the communities. They readily identify the various
causes of such human rights violations and gender discrimination.
I get invited a lot to lecture on Gender Law and Transformative Justice for the Mandatory
Continuing Legal Education (MCLE) at the U.P. Law Center. This is a very positive development because lawyers are given the opportunity to know the basic concepts of Gender and Development. However, such lectures usually
last for three hours only. There is no opportunity for us to conduct workshops. The
most that we can do is to have very short open forums. It is heart warming that many lawyers have expressed that they want to further understand Gender and Development in relation to Human Rights, Gender Equality and the Rule of Law.
The introduction of the subject on Gender, Law and Transformative Justice
to the MCLE is a progress in itself. Yet, many of the Public Prosecutors from the Department of Justice (DOJ) who recently
attended and deeply appreciated the 3 day trainings on the Gender Sensitive
Manner of Handling Cases strongly
recommended that other lawyers from the Public Attorneys’ Office and even
private practitioners should also do workshop seminars so that they have a
thorough and deeper understanding of GAD for them to be transformed. That way they say, as
officers of the court, they will not just be concerned about winning or losing
cases but be concerned about proper and ethical administration of justice that can lead to respect for the rule of law and sustainable human development.
Another important clamor from the Public Prosecutors is, for the Courts, as one of the 8 pillars of the Criminal Justice System to make sure that the Judges before whom they appear are also gender sensitive and responsive. They assert that while it is vital for more lawyers to
understand Gender Law and Transformative Justice, the Judges must be in the front lines in advancing gender sensitivity and responsiveness. Indeed, there is an urgent need for Judges and Justices to be gender sensitive for them to be just, fair and
ethical in their administration of justice.
For the next six months, up to
December this year, I will write about Gender, Law and Transformative Justice
in relation to Human Rights, Gender Equality and the Rule of Law.
For this article let me start to
stress the importance of knowing the difference between SEX and GENDER.
When we refer to sex it is the
biological aspect of a person. We would immediately identify the sex of a
person upon birth. One is either male or female. They are identified as such on
the basis of their genitalia. The male has penis and scrotum while the female
has vagina.
Except for the
biological aspects of human beings of which they were born with, everything
else are gender or social construct. That is why every human person must be
respected and their rights upheld regardless of their Sexual Orientation and
Gender Identity (SOGI).
As of now a Magna
Carta of Women, Republic Act 9710, has been in effect and is being implemented
in the Philippines since 2009. The importance of this law can be gleaned from the
first four sections which provide, to
wit:
SECTION
1. Short Title. — This Act shall be known as “The Magna Carta of
Women”.
SECTION 2. Declaration of Policy. — Recognizing that the economic, political, and socio cultural realities affect women’s current condition, the State affirms the role of women in nation building and ensures the substantive equality of women and men. It shall promote empowerment of women and pursue equal opportunities for women and men and ensure equal access to resources and to development results and outcome. Further, the State realizes that equality of men and women entails the abolition of the unequal structures and practices that perpetuate discrimination and inequality. To realize this, the State shall endeavor to develop plans, policies, programs, measures, and mechanisms to address discrimination and inequality in the economic, political, social, and cultural life of women and men.
The State condemns discrimination against women in all its forms and pursues by all appropriate means and without delay the policy of eliminating discrimination against women in keeping with the Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW) and other international instruments consistent with Philippine law. The State shall accord women the rights, protection, and opportunities available to every member of society.
The State affirms women’s rights as human rights and shall intensify its efforts to fulfill its duties under international and domestic law to recognize, respect, protect, fulfill, and promote all human rights and fundamental freedoms of women, especially marginalized women, in the economic, social, political, cultural, and other fields without distinction or discrimination on account of class, age, sex, gender, language, ethnicity, religion, ideology, disability, education, and status.
The State shall provide the necessary mechanisms to enforce women’s rights and adopt and undertake all legal measures necessary to foster and promote the equal opportunity for women to participate in and contribute to the development of the political, economic, social, and cultural realms.
The State, in ensuring the full integration of women’s concerns in the mainstream of development, shall provide ample opportunities to enhance and develop their skills, acquire productive employment and contribute to their families and communities to the fullest of their capabilities.
In pursuance of this policy, the State reaffirms the right of women in all sectors to participate in policy formulation, planning, organization, implementation, management, monitoring, and evaluation of all programs, projects, and services. It shall support policies, researches, technology, and training programs and other support services such as financing, production, and marketing to encourage active participation of women in national development.
SECTION 3. Principles of Human Rights of Women. — Human rights are universal and inalienable. All people in the world are entitled to them. The universality of human rights is encompassed in the words of Article 1 of the Universal Declaration of Human Rights, which states that all human beings are free and equal in dignity and rights.
Human rights are indivisible. Human rights are inherent to the dignity of every human being whether they relate to civil, cultural, economic, political, or social issues.
Human rights are interdependent and interrelated. The fulfillment of one right often depends, wholly or in part, upon the fulfillment of others.
All individuals are equal as human beings by virtue of the inherent dignity of each human person. No one, therefore, should suffer discrimination on the basis of ethnicity, gender, age, language, sexual orientation, race, color, religion, political, or other opinion, national, social, or geographical origin, disability, property, birth, or other status as established by human rights standards.
All people have the right to participate in and access information relating to the decision-making processes that affect their lives and well-being. Rights-based approaches require a high degree of participation by communities, civil society, minorities, women, young people, indigenous peoples, and other identified groups.
States and other duty-bearers are answerable for the observance of human rights. They have to comply with the legal norms and standards enshrined in international human rights instruments in accordance with the Philippine Constitution. Where they fail to do so, aggrieved rights-holders are entitled to institute proceedings for appropriate redress before a competent court or other adjudicator in accordance with the rules and procedures provided by law.
Under Section 4 in the Definition of Terms are the following:
(b) “Discrimination Against Women” refers to any gender-based distinction, exclusion, or restriction 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 field.
It includes any act or omission, including by law, policy, administrative measure, or practice, that directly or indirectly excludes or restricts women in the recognition and promotion of their rights and their access to and enjoyment of opportunities, benefits, or privileges.
A measure or practice of general application is discrimination against women if it fails to provide for mechanisms to offset or address sex or gender-based disadvantages or limitations of women, as a result of which women are denied or restricted in the recognition and protection of their rights and in their access to and enjoyment of opportunities, benefits, or privileges; or women, more than men, are shown to have suffered the greater adverse effects of those measures or practices.
Provided, finally, that discrimination compounded by or intersecting with other grounds, status, or condition, such as ethnicity, age, poverty, or religion shall be considered discrimination against women under this Act.
Clearly, neither of the sexes should be considered superior over the other. Males and females are human beings with the same human rights which should be respected and upheld.
Human rights of every individual
should be upheld and respected regardless of their Sexual Orientation and
Gender Identity (SOGI). They must never be discriminated against in any field
of endeavor at homes, workplaces and the communities.
Gender discrimination or biases
happen when there is marginalization, subordination, stereotyping and multiple
burden.
Therefore, as we uphold and respect
human rights of everyone, we push for gender equality and uphold and likewise
respect the rule of law.
Galatians Chapter 3 verse 28
states:
“There is neither Jew nor Greek,
there is neither slave nor free, there is no male and female, for you are all
one in Christ Jesus.”
Dory Cruz Avisado
July 26, 2015
