SEX AND GENDER (Part 1 ON HUMAN RIGHTS, GENDER EQUALITY AND RULE OF LAW)

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

OUR ROLE IN NATION BUILDING

In the preceding article I quoted the teachings of Jesus Christ about the Wise and Foolish Builders from the Book of Matthew Chapter 7 verses 24 to 27. It is vital to heed such Biblical admonition in our nation building so that we will have a truly strong nation which would not collapse due to so many challenges including the literal storms which our country experience from year to year.

So many interesting things are happening in our country today that should inspire all of us to help in the nation building. We must all be wise builders.

The pervasive intertwining culture of corruption, patriarchy and impunity  in our midst shaped our nation for what it is today, weak and vulnerable. We have repeatedly mentioned that dirty politics has a lot to do with our present system.

In Development Studies we are taught that we the Filipino people, can re-shape our culture which includes the culture of politics.We can become a strong nation with upright people, that value honesty and truth. We must be a nation respectful of Human Rights, Gender Equality and the Rule of Law.   

The 1987 Philippine Constitution under Article 11 on Declaration of Principles and State Policies provide the following:

Section 13. The State recognizes the vital role of the youth in nation-building and shall promote and protect their physical, moral, spiritual, intellectual, and social well-being. It shall inculcate in the youth patriotism and nationalism, and encourage their involvement in public and civic affairs.

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.

These provisions should remind us that no matter who we are, whatever our age or sex, we have a role to play in nation building.

In the kind of work I do as a full time Advocate for the Transformation of the Philippine Justice System, I am blessed to be able to talk with various groups of people. I always treasure the many opportunities to talk with groups of women and the youth. I always encourage them to take part in nation building.  We should not just leave that important task to the men as we can all contribute even in the world  of politics. We cannot just continue to complain about how dirty is politics in this country and not participate in transforming the same.

Personally, I was never enticed to get into partisan politics. I simply find it not to be my line or as others say, “it Is not my cup of tea.” Despite this, I am a keen observer of political developments not only in the Philippines but other parts of the world as well.

As a doctoral graduate and as professor of Development Studies, I am able to interact  with other people who are also interested in this field. I interact with academicians, lawyers, medical doctors, business people, government workers, other professionals, and non-professionals  that come from all sides of the political spectrum.

Many of us agree that the political system in our country needs to be overhauled. If we really like to attain genuine peace and development in our country, politics should not be left to the politicians.

We must all be involved not necessarily thru partisan politics but in discussions that shall strengthen our political system. We should also focus on issues and concerns that need to be advanced that can ensure socio-economic development that will eradicate poverty in our country.

In order for us to have good political leaders we must stop the practice of voting for the popular ones who do not have clear agenda or platform of government. Our group has been closely monitoring who among the candidates will uphold and respect Human Rights, Gender Equality and the Rule of Law.

Foremost we ask, who among the candidates have clear understanding of the need to counter the present intertwining culture of corruption patriarchy and impunity and will push for the transformation of our justice system?

We need leaders who are visionaries. Our leaders must be fully committed to serve our country and our people and not just an interest group. 

Our leaders must be firm believers of God but know how to discern the concept of separation of Church and State so that appropriate policies and legislation needed by the people are passed.

Our leaders must have basic understanding of the Philippine Constitution and know the functions of the great branches of the government; the concept of separation of power; the essence of checks and balances and how the democratic system works.

Our leaders must be open to transparency, accountability and responsibility in governance and will be judicious in their use and management of the people’s money.

We like our leaders to be upright and honest but at the same time we want them to be competent, fair, just, and compassionate.

To be realistic we cannot still find at this point in time the leaders that will totally fit all that we want and so we will be constrained to settle for the ones that will closely suit our criteria. Still, we need to openly declare to the public what we want in our leaders. We need to articulate what platform of government and agenda we want them to carry and subsequently implement. By doing this we will slowly but surely  influence how politics will shape in our country.

More than fifty percent of our population are women, if women will do their role in nation building along with the youth, we can soon achieve what the Preamble of the Philippine Constitution would like for us to attain.

We can start by identifying who are those submitting themselves for election in 2016 who are committed to build a just and humane society?

Who are committed to establish a Government that shall embody our ideals and aspirations, and promote the common good?

Who among them shall conserve and develop our patrimony ?

Who among them shall secure to ourselves and our posterity, the blessings of independence and 

democracy under the rule of law?

Who among them will advance a regime of truth, justice, freedom, love, equality, and peace?

Who among those offering themselves to become our political leaders for 2016 to 2022 have concrete plans, programs and projects that can ensure the much needed social, economic, cultural and political development in our country?

All of us, women, men, youth and everyone else must consider seriously our role in nation building. Let us demand for quality leadership in our country.

Here are some selected verses from Proverbs chapter 29 that may guide us :

Verse 2. When the righteous thrive, the people rejoice; when the wicked rule, the people groan;

Verse 4. By justice a king gives a country stability, but one who is greedy for bribes tear it down.

Verse 7. The righteous care about justice for the poor, but the wicked have no such concern.

Verse 10. Bloodthirsty people hate people of integrity and seek to kill the upright.

Verse 11. Fools give full vent to their anger but wise people keep themselves under control.

Verse 12. If rulers listen to lies, all their officials become wicked.

Dory Cruz Avisado

6-30-2015   

  

IMPARTIALITY

As a long time advocate for the transformation of the Philippine Justice System many are awed at the level of hope that I continue to express "that there will be a turn around." Things shall change for as long as we believe it can happen and we act decisively in pursuing the much needed transformation.

A very clear indicator for me that change is already starting albeit slowly, is the kind of openness that many of our citizens have started to demonstrate. Those who deliberately discuss and now advocate for the transformation of the Philippine Justice System include practicing lawyers.

It is heart warming that whenever I finish my presentation on Gender Law and Transformative Justice among lawyers either for their Mandatory Continuing Legal Education (MCLE), or for groups of government lawyers for the required program on Mainstreaming Gender and Development (GAD) in their offices, several participants would later approach me and ask permission  to use my materials in sharing the same to their communities. I readily say yes. 

I can see that we have  a growing number of concerned citizens who are actively involved in countering the intertwining culture of corruption patriarchy and impunity. Even among progressive media practitioners and netizens you hear and read a lot of comments regarding "justice for sale" and  "selective justice" under the present administration.

We need to look at our present situation with positive light and be fully convinced of the growing recognition that there can never be a genuine peace and sustainable development unless we have a working justice system in this country.

Many people readily agree about how weak are the various pillars of the Criminal Justice System in our country. They ask what can we do concretely to transform without glorifying the shortcut manner of resolving crimes like summary executions which are clearly violative of Human Rights and the Rule of Law?

Changing our values and mindsets is a necessity. We need to go back to the basics in the administration of justice where those tasked to administer the same, do uphold and respect the Rule of Law. By this, it simply means that administrators of justice need to be impartial, and will always act in accordance with law.

For genuine development to take place we must always allow the law to take its course. No matter who are involved in violating the law, our government should  properly file charges and cause the conviction for them to be properly disciplined regardless of their political alliances.Administrators of justice  should not be selective on who should be charged if evidence warrants.

As perceived by many advocates there is truth to the observation that many of those tasked to administer justice are selective in their actions that tend to favor personalities that belong to certain political groups. By way of example, many of those perceived to be close to the administration are not charged as expeditiously as possible of graft and corruption despite the testimony of witnesses and pronouncements made in the past by those investigating cases involving the PDAF, which was declared unconstitutional by the Supreme Court. 

Having conducted researches about the needed transformation, I have loads of suggestions in that regard some of which were already written in this Transformative Justice blog. Several of the recommendations require amendment of the constitution but many of our suggestions involve merely changing of attitudes and mindsets.

Right attitudes and mindsets by those tasked to administer justice should be in accordance with the admonition  by prophet Micah from the Old Testament in Chapter 6 verse 8, which states "What does the Lord require of you but to act justly, love mercy and to walk humbly with God."

That clearly means that to become a just administrator of justice one should act with impartiality and  simply apply the rule of law. It is basic that one has to love God and country above all else.

The big question is, among those who are holding positions of power tasked to administer justice; who are performing their duties and responsibilities with God in their hearts and are loving our country and our people?

Who among our leaders will put the interest of our country and the people over and above their political alliances and interests to remain in power?

The questions we have raised are not easy to answer due to many complexities that have affected our culture. Now our country and people are suffering from the intertwining culture of corruption patriarchy and impunity.

As citizens who love God and country, we need to help build a nation that will respect and uphold Human Rights Gender Equality and the Rule of Law at all times. This means that all of us must work together in ensuring that the justice system will be transformed the way it should be, as envisioned in the Preamble of the Philippine Constitution which I again quote here:

We the sovereign Filipino people, imploring the aid of Almighty God, in order to build a just and humane society and establish a government that shall embody our ideals and aspirations, promote the common good, conserve and develop our patrimony, and secure to ourselves and our posterity the blessings of independence and democracy under the rule of law and regime of truth, justice, freedom, love, equality, and peace do ordain and promulgate this constitution. 

In this regard, we need to discern very well who are the right political leaders to elect during the 2016 elections. Who among the political leaders will uphold Human Rights Gender Equality and the Rule of Law? Who among them understand the need to transform our justice system and can offer a concrete platform to carry out a program on transforming the justice system?

In the meantime, let us continue the call for impartiality in the administration of justice so that everyone who violated our laws can be held accountable.

As we work together in strengthening the different structures and institutions for us to attain a transformed justice system which is necessary for nation building, we need wisdom and guidance in our directions and actions. It is good to always ask the question, WWJD, What would Jesus do?

Our Lord, Master Savior and King Jesus, the Christ, reminded us about the Narrow and Wide Gates and the Wise and Foolish Builders in Matthew Chapter 7 verses 13 and 14 and 24 to 27 as he states:

Enter through the narrow gate. For wide is the gate and broad is the road that leads to destruction, and many enter through it. But small is the gate and narrow the road that leads to life, and only a few find it. 

Therefore everyone who hears these words of mine and puts them into practice is like a wise man who built his house on the rock. The rain came down, the streams rose, and the winds blew and beat against that house; yet it did not fall, because it had its foundation on the rock. But everyone who hears these words of mine and does not put them into practice is like a foolish man who built his house on the sand. The rain came down, the stream rose, and the winds blew and beat against the house, and it fell with a great crash. (NIV)

Dory Cruz Avisado
5-28-15

LEGACY FOR JUDICIAL REFORM

It has been eleven years from the time I tendered my irrevocable resignation as Presiding Judge of the Regional Trial Court Branch 9 in Davao City in order to fully advocate for the transformation of the Philippine Justice System.

 Along with the members of my family Wendel, Gemma and Ethel, we established our self-funded family ministries thru the Avisado Advocacy Consultancy Counseling and Christian Teaching and Training Services Center,  AACCCTTS Center. Through the center, we established various programs where we dedicate our God given talents and resources to be of service to God and our country. Under the umbrella of the AACCCTTS Center is the Transformative Justice Institute (TJI) also simultaneously established eleven years ago.

The Transformative Justice Institute (TJI) is the main vehicle we use in the advocacy for the transformation of the justice system. We feel so blessed that we are able to establish nationwide networks and linkages that support our call for people to do Truth Telling about their experiences in the various pillars of the justice system.

Now we have so many allies that push our government in constructive, active non-violent ways of transforming society and strengthening the various structures, pillars, and institutions charged with the administration of justice in order to slay and counter the Intertwining Culture of Corruption Patriarchy and Impunity in our Justice System. Many of our allies also come from the various pillars of the justice system that are under government employ and of course those that belong to the Community Pillar of Justice.

Young lawyers in our family, that includes our daughter Atty. Ethel Avisado and her cousin Atty. Arnold Abejaron, for the past five years have taken the tasks of being the Executive Officer, and Deputy Executive Officer respectively of the TJI where I served for six years as the Founding Executive Director. I now serve as the Chair of TJI.

The beauty in our working arrangements is that we have certain other works where we generate modest incomes but are still able to effectively carry out our self-imposed mandates on a voluntary basis for the TJI. We are aware that we are attaining this degree of success because God is blessing our work. Thus we always say "To God Be the Glory, Padayon ta (Let's carry on)."

In our recent family retreat, we all expressed our gratefulness and profuse thanksgiving to God and to each other our joy and happiness regarding  the extent of achievements of  our small  family advocacy. We fully acknowledge that it is God's will that we are able to achieve some degree of success in pushing for the transformation of the Philippine Justice System. As a family, we acknowledge that we are but instruments of God in doing good things and we all agreed that everything we do would be our form of service to God and country. We are trying to be good followers and disciples of our Lord, Master and King Jesus Christ.

Part of the blessings that we acknowledge is my having been appointed by President Benigno Aquino III, PNOY, as Commissioner of the Philippine Commission on Women (PCW) representing the Elderly and Persons With Disability. Apart from taking up the concerns of the sector I represent in the Board, I am able to recommend other concerns  based on my experience and what we see on the ground which oftentimes are products of our regular dialogues with all the pillars of justice.

Being with the PCW also gives me the opportunity to help implement our government's program in Mainstreaming Gender and Development (GAD). Thru the PCW, our long time advocacy for Human Rights, Gender Equality and Rule of Law can be further intensified. 

In the recent Board of Commissioners meeting of the Philippine Commission on Women (PCW), the PCW technical staff presented various accomplishments which they hope will be included in President Aquino's last State of the Nation Address (SONA), in July of this year.

I suggested as part of our recommendations for the President's SONA, is the inclusion of  his commitment to the nation that part of his programs for his last year in office shall be  the implementation of Republic Act 8369 for the creation of the Regular Family Courts in the Philippines.

 RA 8369 is an 18 year old law which has not been implemented due to the failure of the past administrations to allocate the needed funds. This segment of Judicial Reform  has been acknowledged by the government since 1997 and sadly due to unexplained reasons, government continue to neglect its duty in complying with its mandate that should benefit Filipino families.

The continuing failure of the Philippine government to implement RA 8369 is a clear indication that many of our political leaders continue to lack the much needed appreciation and sensitivity regarding the proper administration of justice for cases involving marriages, families, children, and the youth particularly Children In Conflict with Laws (CICL) that fall within the jurisdiction of the Family Courts. I asked the PCW technical personnel to refer to the September 2013 post in this blog for a more elaborate discussion regarding the need for Regular Family Courts.

Despite the reality that the present administration has barely over a year to govern, it can show political will to create a big impact in the much needed Judicial Reform by doing a last ditch effort in implementing and enforcing RA 8369 as part of its legacy. The entire country will surely benefit from this much needed action from the government. The continuing neglect of the political leaders to do its part in implementing RA 8369 is a main factor in the continuing saga of miscarriages of justice and lack of healing on the part of the millions of families which have become dysfunctional.

While the bigger aspiration for an independent and clean Judiciary will surely take longer time to achieve, implementing RA 8369 is a very easy one. If the President will ask the Department of Budget and Management (DBM) and Congress to allocate funds for the creation of the Regular Family Courts, surely, it can be done under the present administration.

Dysfunctional relationships in families cause so many children to feel traumatized. Many of them become bitter in life and carry so much hatred in their hearts. Sadly,  many of the Acting Family Court Judges, whose branches of the Regional Trial Courts were  designated by the Supreme Court as Family Courts  to handle cases falling under RA 8369, are unable to properly administer justice. Such situations cause further trauma to families especially the women and children.

The counseling that RA 8369 stresses, that should pave the way for healing of traumatized victims of Domestic Violence and correction and rehabilitation of the doers of violence, does not take place.

The present situation which contribute to the erosion of faith of many citizens including lawyers in the courts system has reached the point that many do prefer alternative actions  to help dysfunctional families. However, concerned groups mostly NGOs and Church Based Organizations (CBOs), can only do so much. The government  has the primary mandate to help dysfunctional families. It has the resources to do so.

Here are some relevant provisions of the Constitution that the government should  uphold for the protection of  human rights of everyone. These provisions of the Constitution are also part of the grounds which the Transformative Justice Institute is advancing in support of the passage of a Divorce Law.  I discussed the need for Divorce Law in my preceding article for March, and the urgency of the implementing  RA 8369, which hopefully PNOY will decide to be part of his legacy.

Under Article II of the 1987 Constitution in the Declaration of Principles and State Policies several provisions call for the promotion of the general welfare of all citizens and for the dignity and worth of every person as part of their human rights, to wit:

Section 5. The maintenance of peace and order, the protection of life, liberty and property, and promotion of the general welfare are essential for the enjoyment by all the people of the blessings of democracy.

The peace and order mentioned under Section 5  include the much needed peace at homes and families and of course the communities. However due to the inability of the government to properly implement the good laws and to create the appropriate machinery as envisioned under RA 8369, the above provision of the Constitution is not being upheld and enjoyed by many people, including hundreds of thousands if not millions of women and children in the Philippines who are victims of Domestic Violence.


Section 9. The State shall promote a just and dynamic social order that will ensure the prosperity and dynamic social order that will ensure the prosperity and independence of the nation and free the people from poverty through policies that provide adequate social services, promote full employment, a rising standard of living and an improved quality of life for all.

The quality of the lives of many of those who belong to dysfunctional families are oftentimes miserable. Their productivity are oftentimes affected. Government must realize that such situation does not only affect the families but the society at large.


Section 11. The State values the dignity of every human person and guarantees full respect for human rights.

Due to the failure of government to pass the much needed Divorce Law and to properly implement RA 8369 many Filipinos with dysfunctional families, especially women and children continue to suffer in miserable living conditions which are clearly violative of their human rights.

Section 13. The State recognizes the vital role of the youth in nation building and shall promote and protect their physical, moral, spiritual, intellectual and social well being. It shall inculcate in the youth patriotism and nationalism, and encourage their involvement in public and civic affairs.

Many of our youths have become CICL due to lack of proper guidance from their parents. Oftentimes the parents due to unresolved conflicts and problems in their marriages neglect their parental roles as they are not able to cope with the family troubles and conflicts . If we have the right functioning Family Courts these kinds of problems may find solutions facilitated thru Counseling and proper administration of justice.


Section 14. 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.

Many women and children who are victims of violence are not amply protected under the present system. Thus there is an urgent need to ensure that all structures to ensure the enforcement of the above provisions of law are realized. This is one of the strong grounds for the passage of RA 8369.

Finally, Article  XIII of the Constitution  on Social Justice and Human Rights provide the following:

Section 1. The Congress shall give highest priority to the enactment of measures that protect and enhance the right of all the people to human dignity, reduce social, economic, and political inequalities by equitably diffusing wealth and political power for the common good.

Let us all pray that PNOY will leave a legacy of implementing one of the most vital laws passed 18 years ago which previous administrations failed to implement. After all it is all in his hands as well as in the hands of the members of Congress. Along with the Filipino nation, the Supreme Court is just waiting for the Executive and Legislative Branches of government to do their part.

Ecclesiastes Chapter 5 verses 8 to 10 states:

If you see the poor oppressed in a district, and justice and rights denied, do not be surprised at such things; for one official is eyed by a higher one, and one of them both are higher still. The increase from the land is taken by all; the king himself profits from the fields. Whoever loves money never has money enough; whoever loves wealth is never satisfied with his income. This too is meaningless.


Dory Cruz Avisado
4-25-15

 

PADAYON TA !!!

 Once more we are celebrating the International Women’s Day this 8^th of March and the entire March as women’s month. Filipino women recognize and celebrate certain gains achieved in the areas of Human Rights as Women’s Rights and Gender Equality. Yet the reality is still that millions of Filipino women continue to suffer. Many are still victims of Human Rights Violations, Domestic Violence and Gender Discrimination.

The existence of laws such as RA 9262, the Anti-Violence Against Women and Their Children Act of 2004 and RA 9710, the Magna Carta of Women that took effect in 2009, have not paved the way to the desired protection and genuine advancement of Filipino Women. As we all know our country continues to struggle in the areas of proper implementation, enforcement, compliance and observance of existing laws.

It is in this regard that groups like the Transformative Justice Institute (TJI) unceasingly continue with its advocacy in defeating the prevalent culture of patriarchy in our society where various forms of gender discrimination continue to thrive. That pervasive culture is still present among the various pillars of our criminal justice system especially the courts, tasked in the administration of justice.

It is a great blessing that our  government mandates all of its entities and instrumentalities including GOCCs, government owned and controlled corporations to continue to strengthen their Gender and Development (GAD) programs. The Commission on Audit (COA) is meticulously looking into the proper use of their 5% GAD budget.

Reversing the culture of patriarchy is not an easy matter. There is so much resistance to the needed change.   That is the reason why women’s groups including the Philippine Commission on Women (PCW) continue to push for PAPs, programs, activities and projects geared towards attainment of gender equality. We are aware that one day we will achieve what we want and so we always say, “Padayon ta”, let us move on, let us continue.

DIVORCE LAW NEEDED

So many grounds have already been raised and written why we need Divorce Law in the Philippines. We are all aware that there are so many irreconcilable relationships of previously married couples. Many of them already have different families yet they cannot seek for nullification of their marriages under Article 36 of the Family Code on psychological incapacity or any other law. Other than that, we are all aware how expensive is the process of using Article 36 to be able to seek nullification of marriages so that they can be freed to remarry another.

Let me add another reason here why Divorce Law is needed in the Philippines.

During the first meeting for the year 2015 of the PCW Board of Commissioners (BOC) last January 27, 2015, the head of the PCW Policy Division, Ms. Annette Baleda, in her report regarding the proposed amendments for the Code of Crime stated that in one of my meetings with them I mentioned that many women’s groups and the Transformative Justice Institute (TJI), would rather have a Divorce Law instead of introducing Sexual or Marital Infidelity to amend the provisions on Adultery and Concubinage in the Revised Penal Code (RPC).

The Transformative Justice Institute is actually advocating for the decriminalization of Adultery and Concubinage under the RPC and Marital Infidelity as provided for under RA 9262.

The proposal of the Code of Crime Committee is to have  Marital or Sexual Infidelity in the proposed Code of Crime. The same shall be a crime for either the husband and wife with similar penalty to do away with the discriminatory laws on Adultery and Concubinage and stop the double standard of morality prevailing in our society.

PCW Chair, Remmy Rikken would like for me to expound on the proposal regarding the Divorce Law to be tackled during a special meeting called for that purpose in April this year.

I committed to write about the need to decriminalize the acts of marital or sexual infidelities among spouses and instead push for Divorce Law, which will serve as discussion paper for the PCW BOC.

In order to share the discussion about this concern to a bigger audience I am featuring the same in this blog for this Women’s month.

My next article for this blog  will be the  rationale regarding the urgent need for the implementation of RA 8369, for the Creation of Regular Family Courts, which is also lined up as a  subject of discussion by the PCW BOC in that special meeting. I really am glad to be able to do this because we have a very dynamic and active Representative from the Department of Budget and Management (DBM) who is with the BOC.

Special meetings of the PCW BOC will indeed be strategic to Women’s Advocacies especially because representatives from various government agencies like the Department of Justice (DOJ), the Department of Labor and Employment (DOLE), the Department of Foreign Affairs (DFA), the Department of Interior and Local Government (DILG), the Department of Social Welfare and Development (DSWD), the Department of Health (DOH) among others, are with us in the BOC.

Private Sector Representatives like me can directly raise vital concerns to the level of concerned government agencies. It is very strategic for me to have the opportunity to try to convince the PCW BOC for instance, about the need for a Divorce Law in the Philippines and for RA 8369, the Creation of the Regular Family Courts, to be implemented.

As a Christian feminist, I usually include in my arguments for Divorce Law, what is written in the book of Matthew 19 of the New Testament.  Jesus said he hates divorce. He stressed that it is important for husbands and wives to remain together once they get married because  God wants it that way.

Matthew 19 of the New Testament narrates when the Pharisees who were questioning Jesus, further asked him on “why  Moses granted certificates of divorce?” in verse  8  Jesus replied “Moses permitted you to divorce your wives because your hearts were hard.” (NIV) 

The Bible clearly tells us that during the time of Moses he was a lawgiver and at the same time a judge. When Moses saw that many people are not heeding what God wants for married couples to do, which is to love each other, to remain faithful to each other, and to respect one another, he then issued certificates of divorce to those who do not heed the law.

Under the New Testament, in the book of Ephesians, Apostle Paul admonishes husbands to love their wives like Christ loved His church. Wives are admonished to submit to their husbands. Submission means respect not subservience.

Both husbands and wives are required to submit to one another. If the husbands would love their wives the way Christ loved the church to the point of dying, surely no wife would complain. Jesus is the epitome of love, gentleness, kindness, mercy and compassion and will not do anything to harm the church or His bride.

Members of our law making body in the Philippine Congress,  sometimes even quote the Bible in the process of deliberating and discussing pending bills as what happened in the RH Law. Thus, they must be informed that just like Moses, the Law Giver, they are bound to pass a Divorce Law considering that many spouses and married persons are not able to follow and heed their promises to each other as husbands and wives.

In situations like that it is not only the couple but their children who are deeply traumatized and affected thereby placing the Children to be at risk and sometimes even turn out to be CICL, Children in Conflict with Laws that breach the peace in the communities.

The old Congress criminalized Adultery and Concubinage under the Revised Penal Code. In order to be gender responsive, the Criminal Code Committee which is now drafting the much needed amendments of the Revised Penal Code. It has proposed for the abolition of both Adultery and Concubinage. In lieu of the same, Marital or Sexual Infidelity with similar elements for both the husband and the wife is being proposed.

The punishment shall also be similar unlike the present laws on Adultery and Concubinage where it is easier to cause the conviction of wives who commit sexual infidelity as the against husbands committing the same act. Besides that, the penalty against the women is higher than the men convicted of concubinage.

Under Republic Act 9262, the Anti Violence Against Women and Their Children Act of 2004, “marital infidelity” falls under the category of psychological abuse. Only married women can invoke this provision on psychological abuse against their husbands. Obviously, such provision is also discriminatory.

Admittedly, the provisions of the prevailing laws involving marital or sexual infidelity are truly problematic. In many criminal cases filed against husbands using RA 9262, they file counter charges by accusing their wives of Adultery. In both situations there can be imprisonment of either the husband or the wife or both. Imprisonment of either of the parents add more trauma to the children of dysfunctional families.

It is also a reality that there are no programs for the correction and rehabilitation for doers of violence when they are placed behind bars. Being imprisoned can even further harden them due to some dehumanizing conditions in most of our prisons in the Philippines.

Whenever there is  imprisonment of husbands or partners, who are fathers of children of the abused women, many children express disgust. In many cases the children manifest their hatred against their mothers. The women victims of violence become more burdened in situations like these without understanding why the children are not siding with them and even rebel against them.

Support groups of victims of violence have also observed that  reactions of the children is mixed and different in cases of physical or sexual abuses compared with psychological or economic abuses.

In  cases of physical or sexual abuses most children desire for their fathers to be put away but not necessarily imprisoned. This particular concern should be a subject of a thorough discussion and review of RA 9262 that categorize 4 forms of abuses namely: physical, sexual, psychological and economic.

Situations of Physical and Sexual Abuses could be different because those who physically abuse their partners oftentimes also physically abuse their children.

In Davao City, the Justice and Healing approach in cases involving Psychological and Economic Abuses is gaining so much popularity. In this regard, we are training Justice and Healing Teams in handling cases of Domestic Violence involving psychological and economic abuses only.

Some of those who have been trained on Justice and Healing are Policepersons and Social Workers. The Integrated Gender and Development Division (IGDD) of the local government is facilitating along with the WOMYNET, MOVE, Men Opposed to Violence Everywhere and the Transformative Justice Institute along with the ACCCTTS Center, facilitate such trainings of Justice and Healing Teams.

In our experience, a huge majority of women who petition the courts for violation of RA 9262, eventually execute Affidavits of Desistance and no longer proceed with their cases. Oftentimes the reasons given include the lack of gender sensitivity and responsiveness in the administration of justice and the deeper trauma being manifested by the children when their fathers are imprisoned.

What is clear to us is that the punitive or retributive approach under the existing laws are not beneficial to all the parties concerned. The same is true to the women, men and the children in marital and family related disputes.

The way we look at it, the Restorative Justice  and  Justice and Healing approaches will be more beneficial to all concerned.

In this regard, the Divorce Law can stress on the aspect of counseling, and professional interventions such that even if the couples could no longer reconcile, the children will not be further traumatized but instead be able to accept and cope with their realities in a more positive light .

In our experience even those who were previously doing physical abuses when properly corrected and rehabilitated can be transformed.

Since nobody can force anybody to continue to live with each other when those involved no longer find it viable, the State much be able to offer the proper remedies and solutions.

For as long as divorce is based on very strict grounds that will not trivialize marriages it is about time that our Congress just like Moses allow certificates of divorce that will be more beneficial to all concerned especially to the children who are vulnerable and are at risks .

As I greet you Happy Women’s Month let me share the following encouragement I submitted to the PCW upon their request, for a project,  in celebration of the Women’s Month.

                 MGA JUANA, UMUSAD, MANGUNA AT MAMUNO TAYO                    

                   By: Atty. Adoracion P. Cruz Avisado, PhD

                   Commissioner, Philippine Commission on Women

          

            Ang galing at tatag ng kababaihan,

            Ay subok na sa lahat ng bagay;

           

           Sa pangangalaga ng pamilya,

           Pangangasiwa ng pagawaan,

            Ng komunidad at bayan,

          Tayo’y napakahusay;

           Gamitin natin  talino at lakas

          Na ibinigay ng Poong Maykapal

          Tungo sa pagbabago

          Nang ating lipunan;

          Umusad tayo sa lahat ng larangan !

          Manguna tayo sa lahat ng bagay !

          Mamuno  tayo ng buong husay at katapatan !

          Tungo sa pag-unlad ng ating bayan !

          

On the aspect of Gender Equality, Galatians 3:28 states:

“ There is neither Jew  nor Greek, slave nor free, male nor female, for you are all one in Christ Jesus.”

Dory Cruz Avisado

3-7-2015